Agenda and minutes

The Provost congratulated Fergus Murray and Sybil Johnson on their achievements at the recent annual Scottish Government Scottish Awards for Quality in Planning held in the Lighthouse in Glasgow. The awards were presented by Derek MacKay, Minister for Local Government and Communities and two of the planning applications received recognition.

 

The Provost ruled, and the Council agreed, that the business as dealt with at item 22 be dealt with as a matter or urgency by reason of the need to consult with Community Councils prior to the November deadline.

 

The Council received a petition for the Cowal Games to allow the Children of Helensburgh and Lomond to dance in the confined Championships dance events.

Apologies for absence were intimated by Councillors Colville, McAlpine, McCuish, Robert E Macintyre, David McEwan, Church representative and William Crossan, Church representative.

Councillor Gary Mulvaney declared a non-financial interest in relation to the report on Dunbritton Housing Association – Support For Affordable Housing Development, Helensburgh which is dealt with at item 28 of this Minute because he was a Member of the Board.

Argyll and Bute Council 23 August 2012

The Minutes of the Meeting of 23 August 2012 were approved as a correct record subject to the following amendments:-

 

Item 15 – Investigation into allegations of inappropriate covert surveillance of social media by a council employee, the decision should read, the Council welcomed decision 1 and noted decisions 2 and 3.

 

Alistair MacDougall had declared a non financial interest in relation to item 24 – Maximum recommended farescale for council supported bus services.

 

It was agreed that  when Councillors leave the meeting that phrase should be recorded in the Minutes, as opposed to the current wording.

Verbal Update

Councillor James Robb gave a budget statement which highlighted the policy objectives of the administration and outlined a new approach to balance the budget.

 

The Leader of the Opposition advised that he would be setting up a shadow budget working group and  that he would be writing to the Chief Executive to ask that all budget information be submitted to his group for discussion.

Report by Executive Director of Community Services

 The Council considered a report which advised about arrangements for the forthcoming validated self-evaluation (VSE) exercise in relation to the Council’s education functions, to be carried out jointly by Education Scotland and Argyll and Bute Council.

 

Decision

 

1. Noted the contents of the report.

 

2. Noted the background to the introduction of jointly managed ‘validated self-evaluation’ exercises as a replacement for external inspection exercises.

 

3. Noted the nature and scope of and the procedural arrangements for the forthcoming exercise in relation to Argyll and Bute Council’s education functions.

 

(Ref: Report by the Executive Director of Community Services dated September 2012, submitted)

Report by Executive Director of Community Services

The Council considered the draft response together with a report which advised that the Scottish Government had launched its consultation on the new Children and Young People Bill which will be introduced in the Scottish Parliament next year.

 

Decision

 

The Council noted the context of the report and agreed to the submission of the consultation response with the agreed modifications to the Scottish Government.

 

(Ref: Report by the Executive Director of Community Services dated 13 August 2012, submitted)

Report by Executive Director of Community Services

The Council considered the first annual monitoring report for the new Local Housing Strategy which detailed the progress made against each of the four strategic outcomes over 2011/12, year 1 of the five year planning period and highlighted remaining challenges.

 

Decision

 

Noted the contents of the report.

 

(Ref: Report by the Executive Director of Community Services dated 21 August 2012, submitted)

Joint Report by Executive Directors of Community Services and Customer Services

The Council considered a report which set out the proposed approach and methodology for identifying the preferred site for the location of the new Campbeltown Grammar School.

 

Decision

 

The Council agreed that:-

 

1. The option appraisal methodology set out in paragraphs 3.2 to 3.6 of the report, and Appendix 1 should be applied by Council staff, to determine which of the long listed sites, identified in Appendix 1 should be taken forward for public consultation as the preferred sites.

 

2. The Council should undertake a public consultation, in respect of the preferred sites identified in 2.1.1, in accordance with the methodology set out in paragraphs 3.7 to 3.14 of the report, the detailed arrangements for the consultation to be delegated to the Executive Director of Community Services in consultation with the Lead Councillor for Education and Lifelong Learning.

 

3. The processes identified above should be undertaken in accordance with the timescale set out in Appendix 2 of the report.

 

(Ref: Joint report by Executive Directors of Customer Services and Community Services dated 20 September 2012, submitted)

Report by Executive Director of Customer Services

The Council considered a report which advised that in the past, the Council appointed Champions for various client groups and their role has been to advocate on behalf of those client groups and contribute to policy development on a strategic basis. The report set out the proposed generic remit for Champions, and the relevant Senior Officers who currently have responsibilities in regard to the Armed Forces, and sought approval for the appointment of the Argyll and Bute Community Covenant Partnership.

 

Decision

 

The Council:-

 

1. Noted the current activity undertaken by the Council and that further discussions involving the Armed Forces Champion have been arranged to progress the agreement of a remit.

 

2. Appointed the Argyll and Bute Community Covenant Partnership to consider local applications for funding to the Community Covenant Grant Scheme. Agreed to:-

 

a)      Appoint the Leader of the Council and Provost.

b)      Appoint Councillor Maurice Corry.

c)      Seek nominations from the signatories of the Community Covenant through the CPP (in respect of NHS Highland and Argyll Voluntary Action) and invite Commodore Wareham to be a member of the Community Covenant Partnership.

 

3. Agreed the proposed remit of the Head of Governance and Law, and Head of Adult Care, who have specific roles in terms of the Armed Forces.

 

4. Noted that a paper on any specific duties in respect of the AFC will come to a future Council Meeting.

 

(Ref: Report by the Executive Director of Customer Services dated 20 September 2012, submitted)

Report by Executive Director of Customer Services

The Council considered a report which provided an update to reflect various discussions which had taken place on the options of the provision of webcasting equipment for the Council Chamber.

 

Decision

 

The Council:-

 

1. Agreed that the Looking Local service is procured within the 2012/13 financial year, on the basis that the resources are available to do this.

 

2. Agreed that a Short Life Working Group (SLWG) is convened to consider the variety of proposals from URTV, webcasting proposals from Public-I and video conferencing and to report its findings to the Council.

 

3. Agreed that the SLWG is made up of 4 representatives from the Administration being Councillors Louise Glen-Lee (Chair), John Semple, Michael Breslin and Gordon Blair and 2 from the Opposition being Councillors Len Scoullar and Aileen Morton.

 

(Ref: Report by the Executive Director of Customer Services dated February 2012, submitted)

Report by Executive Director of Customer Services

The Communications Strategy sets out the future direction and design of the Council’s communications team. The Social Media Policy presents clear guidance to employees about the use of social media, and ensures that the organisation and our employees are protected and that the Council makes best use of social media as an engagement, communications and business tool.

 

Motion

 

1. Agreed the Communications and Social Media Policy as submitted with the following amendments:-

 

Page 120 paragraph 3 add the words “to officers” after media in line 1.

 

      Delete in Section 4 the rest of the sentence after the word “blogging”.

 

2. Noted that the Communications Strategy and Social Media Policy are underpinned by a series of operational documents, which will allow implementation of the strategy and policy, and the monitoring of performance.

 

3. Agreed that the Action Plan be brought back to a future Council Meeting for consideration.

 

Moved by Councillor Glen-Lee, seconded by Councillor Taylor.

 

Amendment

 

Continue consideration of the report to the next Council Meeting for more detail and clarification.

 

Moved by Councillor D MacIntyre, seconded by Councillor Marshall.

 

Decision

 

On a show of hands vote, the Motion was carried by 20 votes to 12 and the Council resolved accordingly.

 

(Ref: Report by the Executive Director of Customer Services dated September 2012, submitted)

Report by Executive Director of Customer Services

The Council considered a report which advised on the work undertaken by Customer Services in relation to the revisal of the Council’s Constitution to contain all revised Governance Documentation.

 

Motion

 

Continue consideration of the Council Constitution to the next Council Meeting.

 

Moved by Councillor Currie, seconded by Councillor E Morton.

 

Amendment

 

Agreed in principle the alterations to the Council’s Constitution and Appendices as detailed therein and to authorise the Executive Director of Customer Services to circulate it to all members for information and make any required adjustments arising from any representation if they are not material.

 

Moved by Councillor Semple, seconded by Councillor Freeman.

 

Decision

 

On a show of hands vote the Amendment was carried by 23 votes to 8 and the Council resolved accordingly.

 

(Ref: Report by Executive Director of Customer Services dated 14 August 2012, submitted)

 

The Provost adjourned the meeting at 1.20pm and re-convened at 1.50pm.

Report by Executive Director of Customer Services

The Procurement Manual is an operational guide on how to procure legally and in a manner and achieves best value in line with the Council’s overall policies and strategic objectives and the requirements of Standing Orders. The Manual has been updated to ensure that the Council adhere to the recommendations made both from our Procurement Capability Assessment in 2011 and from our external Legal Advisors.

 

Decision

 

Approved the updated Procurement Manual 2012 as submitted and instruct the Executive Director of Customer Services to carry out programme of awareness events to allow for full implementation of the Manual thereafter.

 

(Ref: Report by the Executive Director of Customer Services dated 24 August 2012, submitted)

Report by Executive Director of Customer Services

The Council’s Procurement Strategy is aimed at ensuring the Council procures the goods, services and works it needs in the most economically advantageous manner and ensuring that these accord with the overall aims and objectives of the Council.

 

Decision

 

Approved the new Procurement and Commissioning Strategy 2012-15 as submitted.

 

(Ref: Report by the Executive Director of Customer Services dated 29 August 2012, submitted)

Recommendation by the Helensburgh and Lomond Area Committee 14 August 2012

The Helensburgh and Lomond Area Committee had resolved to refer consideration of a Motion in respect of Cowal Highland Gathering to the Council for consideration.

 

Motion

 

The Council:

 

a)      Notes the recommendation from the Helensburgh and Lomond Area Committee and recognises the threat therein contained to future Cowal Highland Gatherings which contribute and estimated £3.7m annually to the local economy.

 

b)      Notes that Argyll and Bute Council contributed through direct grants and services in kind to previous Cowal Highland Gathering; £86k in 2011/12 and £93k in 2012/13.

 

c)      Instructs the Executive Director of Community Services to vary the Service Level Agreement with Cowal Highland Gathering Ltd to provide support, inclusive of direct grants to cover agreed payments to Royal Scottish Pipe Band Association, of £96k in financial year 2013/14 and £100k in financial year 2014/15 providing the agreed objectives have been met.

 

Moved by Councillor Glen-Lee, seconded by Councillor Semple.

 

Amendment 1

 

a)      Recognises and values the dedication and commitment of the volunteers and management who stage the Cowal Highland Gathering which contributes to the economic viability and sustainability of the local community and is a significant and prestigious cultural event for the whole of the Argyll and Bute area.

 

b)      Is committed to promoting equality and ensuring that all youngsters who reside in Argyll and Bute have equity of opportunity to achieve their aspirations, ambitions and potential.

 

c)      Agrees to recommend to the council that the management of the Cowal Highland Gathering be advised that the current discriminatory practice in the Highland Dancing competitions whereby Helensburgh and Lomond dancers are excluded from the Argyllshire Championships, ceases from 2013 onwards as a condition of the continuation of all funding, both “in kind” and through the SLA, provided by Argyll and Bute Council.

 

d)      Agrees to recommend to the council that the management of the Cowal Highland Gathering be advised that the definition of Argyll and Bute in all of the competitions at the event from 2013 onwards, reflects the current boundary of the local authority as a condition of the continuation of council funding.

 

Moved by Councillor Dance, seconded by Councillor Corry.

 

Amendment 2

 

Argyll and Bute Council notes the contents of the Motion agreed by the Helensburgh and Lomond Area Committee on Tuesday 14 August 2012 relating to the Cowal Highland Gathering. The Council also notes the large volume of information that has recently been passed to Members relating to the highland dancing competitions at the Cowal Highland Gathering and agrees to continue consideration of this issue to allow officers to bring forward the following information:

 

a)      Details of all Highland Gatherings / Games and similar events across Argyll and Bute Council area that have received any financial support from Argyll and Bute Council, or its Area Committees, during financial years 2009/10, 2010/11 and 2011/12 with details of the financial support provided to each event.

 

b)      Details of all Highland Gatherings / Games and similar events across Argyll and Bute Council area that have received any “in kind” support from Argyll and Bute Council during financial years 2009/10, 2010/11 and 2011/12 with details of the “in kind” support to each event.

 

c)      Details of the approximate value of any “in kind” support identified at b) above where that value can be ascertained by officers.

 

d)      Details of any highland dancing competitions at any of the events identified at a) or b) above where entry is not open to all geographical areas within Argyll and Bute Council area or where any other entry restriction applies.

 

Moved by Councillor Freeman, seconded by Councillor E Morton.

 

Councillor Dance, with the agreement of Councillor Corry, withdrew Amendment 1.

 

The requisite number of Members required the vote to be taken by calling the roll, and Members voted as follows:-

 

Motion	Amendment	No Vote
Councillor Blair	Councillor Corry	Councillor Hall
Councillor Breslin	Councillor Currie
Councillor Devon	Councillor Dance
Councillor Glen-Lee	Councillor Freeman
Councillor Horn	Councillor Kinniburgh
Councillor Kelly	Councillor R G MacIntyre
Councillor MacDonald	Councillor A Morton
Councillor MacDougall	Councillor E Morton
Councillor D MacIntyre	Councillor Mulvaney
Councillor MacMillan
Councillor McNaughton
Councillor McQueen
Councillor Marshall
Councillor Philand
Councillor Robb
Councillor Robertson
Councillor Scoullar
Councillor Semple
Councillor Strong
Councillor Taylor
Councillor Trail
Councillor Walsh

 

 

Decision

 

The Motion was carried by 22 votes to 9 and 1 no vote, and the Council resolved accordingly.

 

(Ref: Recommendation by Helensburgh and Lomond Area Committee dated August 2012, submitted)

Report by Executive Director of Customer Services

The Council considered a report which set out the proposed future arrangements to support the work of The Children’s Panel in Argyll and Bute.

 

Decision

 

Agreed to delegate to the Executive Director of Customer Services to enter into and keep under review the terms of the Service Level Agreement (SLA) with Children’s Hearings Scotland (CHS) and to report back to a future Council Meeting on the question of the agreement.

 

(Ref: Report by Executive Director of Customer Services dated 24 July 2012, submitted)

Report by Executive Director of Customer Services

The Council considered a report which introduced the draft Third Sector Asset Transfer Policy and made recommendations for its adoption. The Provost introduced Linda Gillespie of Community Ownership Support Service (COSS) who spoke on Asset Transfer and answered question put by Members. It was noted that at pre-stage and stages 1 and 2, Area Committees would give approval.

 

Decision

 

The Council approved:-

 

1. The Policy Statement on Third Sector Asset Transfer.

 

2. The processes that underpin the Transfer arrangements.

 

3. The appointment of the named officers to the Third Sector Asset Transfer assessment panel.

 

4. The Third Sector Asset Transfer implementation plan.

 

5. Add an additional clause at 3.12 Business Case (Page 282) “Those considered potentially suitable for partnership or joint development” and the first sentence of 3.12 should refer to three distinct categories.

 

(Ref: Report by the Executive Director of Customer Services dated 20 September 2012, submitted)

Report by Executive Director of Customer Services

The Council had received a request from Argyll Mausoleum to appoint a Corporate Board representative to sit on their Board which could either be a Councillor or Officer of the Council.

 

Decision

 

The Council agreed to appoint Councillor Bruce Marshall to be the Board representative.

 

(Ref: Report by Executive Director of Customer Services dated August 2012, submitted)

Report by Executive Director of Customer Services

The Council considered the draft response together with a report which advised that the Scottish Government had launched its consultation on the Scottish Passported Benefits and the associated changes required as a result of the introduction of Universal Credit and Personal Independence Payment.

 

Decision

 

The Council noted the context of the report and approved the draft response as submitted as the Council’s response to the Scottish Government proposals for the Scottish Passported Benefits.

 

(Ref: Report by the Executive Director of Customer Services dated 12 September 2012, submitted)

 

Report by Executive Director of Customer Services

The Council considered the draft response together with a report which advised that the Scottish Government had launched its consultation on the regulations on council tax charges on long term unoccupied homes in July 2012.

 

Decision

 

The Council noted the context of the report and approved the response as submitted as the Council’s formal response to the Scottish Government proposals for the Regulations to enable a council tax increase on long-term empty homes.

 

(Ref: Report by Executive Director of Customer Services dated 13 August 2012, submitted)

 

Councillor James McQueen left the meeting at this point.

Report by Executive Director of Customer Services

The Council considered a report which provided an update of the development of the Community Resilience Project which has clear outcomes to be delivered in advance of winter 2012/13.

 

Decision

 

1. Noted the progress of the Community Resilience project to date.

 

2. Endorsed the approach to the distribution and promotion of the Scottish Government community resilience toolkits.

 

(Ref: Report by Executive Director of Customer Services dated 20 September 2012, submitted)

 

Councillor Donald Kelly left the meeting at this point.

Report by Executive Director of Development and Infrastructure Services

The Council considered a report which advised that there will be a need to focus the Council’s resources on the economic development activities that will have the greatest beneficial economic impact over the next five financial years.

 

Decision

 

Approved the establishment of a Short Life Working Group comprising of Councillors Glen-Lee, Kelly, Blair and Semple from the Administration and Councillors Walsh and Mulvaney from the Opposition.

 

(Ref: Report by the Executive Director of Development and Infrastructure Services dated 20 September 2012, submitted)

Report by Executive Director of Development and Infrastructure Services

The Council considered a report which advised of the nomination of Councillor Robb to become a UK Member of the Conference of Peripheral Maritime Regions of Europe (CPMR) Political Bureau.

 

Decision

 

Noted the nomination of Councillor Robb to the CPMR Political Bureau.

 

(Ref: Report by Executive Director of Development and Infrastructure dated 20 September 2012, submitted)

 

Councillor MacDougall left the meeting at this point.

The Council considered a report which set out a request from the A82 Partnership to support the Phase 2 Campaign.

 

Decision

 

Agreed to endorse the Phase 2 Campaign for upgrade of the A82 – Tarbet to Inverarnan.

 

(Ref: Report by Executive Director of Customer Services dated 20 September 2012, tabled)

 

The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for the following items of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraph 1, 6&9 and 9 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

Report by Executive Director of Customer Services

The Council considered a report which set out the proposals for appointing independent Members of the Audit Committee and a Chair of the Performance Review and Scrutiny Committee.

 

Decision

 

1. Noted that only two applications were received for the Audit Committee; and agreed to another round of advertising.

 

2. Noted that a number of applications have been received for the role of Chair of the Performance Review and Scrutiny Committee; and to appoint a Panel of six Members, Councillors McCuish, Taylor, Freeman and Blair from the Administration and Councillors E Morton and Walsh from the Opposition; to interview and appoint a suitable candidate from the applications submitted.

 

3. Agreed that the term of office for each appointment be to 30 April 2017 or such other period as the Council my determine.

 

(Ref: Report by the Executive Director of Customer Services dated 5 September 2012, submitted)

 

Report by Executive Director of Customer Services

The Council considered a report which outlined the current position with respect to the Helensburgh Office Rationalisation Project and made recommendations for procurement of the project.

 

Decision

 

The Council agreed to support the traditional procurement route.

 

(Ref: Report by Executive Director of Customer Services dated 24 August 2012, submitted)

 

Council Devon and Councillor A Morton left the meeting at this point.

 

Report by Executive Director of Customer Services

The Council considered a report which provided an update on progress with the biomass projects at Islay High School/Bowmore Primary School and Kilmory and made recommendations on the way forward.

 

Decision

 

1. Agreed that based on the impact, affordability, deliverability and risk for each project that the projects should progress to the tender acceptance/implementation stage.

 

2. Approved prudential borrowing capital funding for the contract at Islay High School/Bowmore Primary School and Kilmory to allow the projects to proceed to the implementation/delivery stage.

 

(Ref: Report by Executive Director of Customer Services dated 20 August 2012, submitted)

Report by Executive Director of Development and Infrastructure Services

The Council considered a report which advised of a formal request for financial support in order to take advantage of funding made available through the Coast and Communities Fund.

 

Decision

 

1. The Council approved the release of funding in emergency grant funding to ensure the continuation of Long and Winding Way and to take advantage of the funding made available through the Coast and Communities Fund.

 

2. Agreed that the offer of the grant be made on a one off basis and subject to the company agreeing to meet the conditions outlined in paragraph 3.7 of the submitted report.

 

(Ref: Report by Executive Director of Development and Infrastructure Services dated 20 September 2012, submitted)

 

Councillors MacMillan and McNaughton left the meeting at this point.

Report by Executive Director of Development and Infrastructure Services

The Council considered a report which advised of the consolidation of Depot Services at the Blackhill Depot which is the first of several depot rationalisation projects to come forward for approval.

 

Decision

 

The Council approved:-

 

1. The Project Plans for the redevelopment of Blackhill depot and the decanting of surplus depots in Helensburgh.

 

2. The Full Business Case to implement the redevelopment of Blackhill depot.

 

3. That Development and Infrastructure Service DMT Strategic Board will be responsible for monitoring the progress of the project.

 

(Ref: Report by Executive Director of Development and Infrastructure Services dated 23 August 2012, submitted)

 

Councillor Robertson left the meeting at this point.

Joint report by Executive Directors of Customer Services and Community Services

The Council considered a report which sought Council approval for the required funding to facilitate the proposed development by Dunbritton Housing Association of 49 affordable dwellings through the provision of grant assistance to provide requisite site access and site infrastructure provisions.

 

Councillor Mulvaney having previously declared an interest, left the room and took no part in the discussion on this item.

 

Motion

 

Agree the recommendations as contained with the report.

 

Moved by Councillor Taylor, seconded by Councillor Freeman.

 

Amendment

 

Asks the Executive Directors of Customer and Community Services to actively pursue the marketing of the whole site to deliver good quality affordable housing in an integrated fashion and one which reflects the character of the local area.

 

Moved by Councillor E Morton, seconded by Councillor Kinniburgh.

 

Decision

 

On a show of hands, the Motion was carried by 14 votes to 8 and the Council resolved accordingly.

 

(Ref: Joint Report by Executive Directors of Customer Services and Community Services dated 10 September 2012, submitted)

 

Councillors Marshall, D MacIntyre and Scoullar left the meeting at this point.

Report by Executive Director of Customer Services

The Council considered a report which updated the Council on the progress of the Pathfinder Broadband Re-Procurement Project following the paper presented to the Council Meeting on 23 August 2012.

 

Decision

 

Agreed to the recommendation contained within the report and noted that a further report will be brought to the next Council Meeting in October to update the Council on the preferred option.

 

(Ref: Report by Executive Director of Customer Services dated 19 September 2012, tabled)

Report by Executive Director of Community Services

The Council considered a report which advised that the Trustees of Auchindrain are facing closure of the museum site by the end of September 2012 and are seeking financial assistance from the Council and Historic Scotland (HS) to continue operations until the end of 2012.

 

Decision

 

Agreed to a final payment being made to Auchindrain Trustees to enable the option appraisal process to be brought to a conclusion and to confirm that no future payments will be made to support the Museum’s revenue budget.

 

(Ref: Report by Executive Director of Community Services dated 5 September 2012, submitted)

E1 Paragraph 1  Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office-holder, former office-holder or applicant to become an office-holder under the authority.

E2 Paragraph 6  Information relating to the financial or business affairs of any particular person (other than the authority).

Paragraph 9  Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

E3 Paragraph 9  Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.