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Limepark Garden Project, Broadford, Isle of Skye.

This is the statement from Broadford and Strath Community Council in response to the article in the West Highland Free Press on Friday 9th September 2011- a full copy of this statement was provided to the West Highland Free Press on 12th September 2011.

Broadford & Strath Community Council welcomes the media interest in the Limepark Garden Project and would like an opportunity to clarify areas of misinformation contained within the West Highland Free Press article of 9th September 2011.

The Limepark Garden Project was initiated by the previous Broadford and Strath Community Council. The current Community Council received no official handover from the previous Community Council and few of their minutes appear to exist. Of these, the only mention of the project is:

"The proposed garden below Limepark is to create a path, seating area and to plant more trees and bushes. The work has been undertaken by Eoin MacLeod." Broadford and Strath Community Council Minute of 7th January 2008.

At a meeting on 2nd February 2009, Fiona Mandeville, of the previous Community Council, along with the contractor Mr Eoin MacLeod, informed the current Community Council of the existence of the £5,500 project (of which Highland Council was responsible for £5,000 and the Community Council £500) and produced the previously approved design plan for the project. In his original estimate, dated 6th March 2007, Mr MacLeod confirmed estimated costs of £5,500 "as previously drawn and notated stonework and planting". The design plan had 15 standing stones (varying in height from nil to 2 metres), two stone tables and three stone benches. At the meeting on 2nd February 2009 this same design plan was produced and the budget of £5,500 confirmed again. At this meeting the Community Council requested a revised estimate that might more accurately reflect the passage of time - no revised estimate was received. Neither Fiona Mandeville nor Eoin MacLeod made any suggestion at that meeting that it was their understanding that the design plan would be added to or that additional monies had been promised.

More than a year elapsed until, in July 2010, Mr MacLeod submitted an un-itemised interim invoice for £6,500 to the current Community Council. Concern was expressed by the Community Council that far in excess of the number of standing stones on the design plan had been installed by the contractor. (There are now 27 standing stones in place, some of which are in excess of the proposed maximum height of 2 metres.) Up to this point, no deviation from the design plan or additional costs had been discussed or agreed with the contractor.  A meeting was held with the contractor on 3rd August 2010 at which Mr MacLeod was informed that such an increase was unexpected and unacceptable. Mr MacLeod suggested that agreement had been reached with members of the previous Community Council to purchase additional materials however no records of such an agreement appear to exist. In a letter dated 25th August 2010 Mr MacLeod then stated "my original ‘estimate' was based on the former community councils own budget not my personal estimate" something he appears until then to have omitted to inform the current Community Council.

At the meeting in August 2010 when Mr MacLeod stated his intention to buy even more stone for the project he was advised against this by the Community Council. The Community Council stated that they could not be held responsible for any additional work undertaken or purchases made. They also informed him that there was no likelihood of additional funding becoming available for the project. The Community Council suggested that a creative compromise be found in order to complete the project within an acceptable timescale and budget. Mr MacLeod was asked to produce an itemised bill that reflected the estimate quoted at the 2nd February 2009 (£5,500), included a reference to the receipted amount of £1,874.12 paid by Highland Council for stone in 2007, and which reflected additional agreed costs for materials since 2009 (i.e. that should only contain the cost of additional stone for a litter bin), and contain copies of acceptable, realistic, and verifiable cost receipts. It was asked that this bill be sent to the Treasurer for discussion at the next Community Council meeting in September 2010. The Community Council has never received all of this information. The Community Council tried to arrange another meeting with Mr MacLeod but this was not achieved until a meeting took place on 4th July 2011, when he admitted that no work had taken place on the project since July 2010. However, since July 2010 the Community Council has received three estimates from Mr MacLeod, one in July 2010 for £6,500, one in August 2010 for £9,734 (neither of which took cognisance of the fact that £1,874.12 of the agreed £5,500 for the project had already been paid by Highland Council in 2009 for the stone), and another invoice in July 2011 for £11,000.00. At the meeting on 4th July 2011, alternative ways of finishing the project were discussed. Mr MacLeod was asked to provide a clear written statement of how he could bring this project to a conclusion within the constraints of available funding. He has failed to provide this.

Fiona Mandeville, who was present at the 4th July 2011 meeting, suggested as a trustee of Urras na Drochaid (the Skye Bridge Trust), that the Community Council should make an application to the trust for money towards the project.  The Community Council followed this advice and received an email from Fiona Mandeville on 16th August 2011 stating that the trust would offer a grant of "up to £3,000" conditional on a number of things. However, the Community Council has received no official notification of a definite amount offered from the trust.

At the last Community Council meeting on 26th August 2011, a protracted and exhaustive discussion about this project took place with representatives of Highland Council. Councillor Hamish Fraser stated that there was never any assurance given by the previous Community Council that they would raise additional funds for this project. He agreed that there may have been a suggestion that once the original design plan for the project had been completed then there may be ways of finding additional funding elsewhere in the future in order to extend the garden further but, of this it was made clear there was no guarantee. The current Community Council has insisted to the contractor at every meeting that a maximum of £5,500 was available for the original design plan for this project, which still remains unfinished. Discussion about possible funding from the Highland Council Discretionary Fund highlighted that as Highland Council had already agreed to fund £5,000 towards this project originally, no further funding would be likely from Highland Council via the Discretionary Fund. Councillor Fraser stated that he would not support an application to the Discretionary Fund for this project. (Last week the Community Council was informed by Jan Laing, the Eilean a' Cheo Ward Manager that there was no more money available in the Discretionary Fund.) The Community Council has discussed finding other sources of funding but the project, having been ongoing for over four years, has failed to meet the requirements of application to any of these possible sources. An application to Urras na Drochaid (the Skye Bridge Trust) was conditionally approved however the Community Council felt they could not meet the conditions stipulated in the offer.

Whilst it is appreciated that the original design plan could have added considerably to Broadford, the project has been ongoing for some four and a half years and there is no apparent prospect of the contractor completing the project to the original design plan within anything close to the agreed budget available. The contractor is now looking for double the agreed amount to complete the project without informing the Community Council in writing, as requested, what further work is required to achieve this. Neither has the contractor informed the Community Council as to how he can alter the original plan in order to complete the project closer to the budget of £5,500, despite being asked to do this. The Community Council, having sought and received legal advice on this matter, unanimously decided that in order to pursue their duty of care to the community and minimise the commitment of further resources, the project should regrettably cease.

Following this decision, the Community Council wrote to Mr MacLeod on 29th August 2011, informing him of this. They are unaware of any attempt by Mr MacLeod to contact any Community Council member regarding this matter. The Community Council also wrote to Urras na Drochaid, on the same day, explaining why they could not take up the offer of a grant of "up to £3,000".

Broadford and Strath Community Council stands by the decision made on 26th August 2011. Our approved minutes are available to read on the community website http://www.broadfordandstrath.org/ where a copy of this statement is also available.

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