Agenda and minutes

The Provost referred to the World War One Commemoration Ceremony held in Oban on 20 September 2014 and passed on the Lord Lieutenant’s thanks to all the organisers, officers and Councillors involved in the arrangements and taking part.  He advised that the event was extremely well done and successful.

 

The Provost congratulated Inveraray and District Pipe Band who won the Grade One European Title at Forres on Saturday 28 June 2014 band.  This was the first time an Argyll Pipe Band had won a Grade One event. 

 

The Provost also drew Members’ attention to the gift of a book   “One Island, Many Voices” about archaeology on Bute and also reported on the receipt of a gift from the Commonwealth Games Association of Cyprus which had been presented to Councillor Currie.

 

The Provost then referred to the “Welcoming our Armed Forces to Argyll and Bute” brochure which had been circulated to Members and invited Councillor Corry to provide further information on this.  Councillor Corry explained that this brochure launched today demonstrated the Council’s support to the Armed Forces and veterans and provided a source of information on what services and resources were available across Argyll and Bute.  He confirmed that the MOD was meeting 50% of the costs of printing the brochure which would be distributed widely across Argyll and Bute.  Councillor Corry expressed his thanks to the Council staff that had helped with the production of this brochure.

 

The Provost advised that there would be an urgent item tabled on Campbeltown Common Good Fund which he had accepted by reason of the need to determine time pressured applications to the Common Good Fund. 

 

The Provost advised of a question to the Leader of the Council submitted under Standing Order 15 which would be dealt with after the ordinary public business on the agenda.

Apologies for absence were received from Councillors Mary-Jean Devon, Iain Angus MacDonald, Duncan MacIntyre, Robert E Macintyre, Isobel Strong.

Councillor Rory Colville declared a non financial interest in respect of the report on the Re-organisation of Trusts as he was Chair of the Kintyre Forum on Community Care.  He left the room and took no part in the consideration of this report which was dealt with at item 11 of this Minute.

Argyll and Bute Council held on 26 June 2014

The Minutes of the meeting of Argyll and Bute Council held on 26 June 2014 were approved as a correct record.

The Minutes of the meeting of the Environment, Development and Infrastructure Committee held on 14 August 2014 were noted.

and appendix containing detail of recommendation in respect of exempt item 26 (Rothesay Pavilion) for members information

The Minutes of the meeting of the Policy and Resources Committee held on 21 August 2014 were noted.

 

Arising from item 19; the Council –

 

1.      Agreed the draft Policy.

 

2.      Endorsed the proposal for reviewing Traffic Regulation Orders by Area Committees.

 

3.      Noted that officers would work with the relevant Policy Leads to improve information available for coach and LGV drivers.

 

Arising from item 20; the Council –

 

1.      Noted and endorsed the report.

 

2.      Approved the draft Green and Woodland Burials Policy.

 

3.      Noted that community groups and private land owners can seek to work with the Council in respect of the provision of privately owned land for burials, if so minded.

 

Arising from item 21; the Council

 

1.      Endorsed the proposal to extend the WSLF delivery area to include all of Argyll and Bute, if uptake in Helensburgh and Lomond remains below target.

 

2.      Agreed to support the development of a new Scotland wide loan fund which could incorporate WSLF after April 2015.

 

Arising from item 26; the Council agreed the recommendations as contained within the report by the Executive Director of Development and Infrastructure Services.

The Minutes of the meeting of the Community Services Committee held on 11 September 2014 were noted.

Report by Leader of the Council

The Council considered the Leader’s report which outlined key activities undertaken within the role of Council Leader since 2nd June, through participation in meetings, as follow; A83 Rest and be Thankful Taskforce, Chief Officer – Senior Officer (COSO), Programme Board, Accounts Commission, Fraser Durie (Argyll College), COSLA Convention, Michael Russell MSP, HIEP Board, COSLA Leaders, ABRA, EJCC, and a visit from a delegation from Amberg Sulzbach.

 

The Report also provided an update to Members in relation to Policy Lead activities on Strategic Finance, and Customer and Support Services including; Council Tax, Scottish Welfare Fund, Discretionary Housing Payments, Local Support Services Framework Trial, Empty Homes Policy, Joint Working with Highland Council, IT Service Contract with ACHA, Information Management, Public Services Network, Customer Service Centre, Digital Agenda and Admin Review.

 

Decision

 

The Council noted the report and that additional documents were available in a Leaders Report Pack through the Leadership Support Officer.

 

(Reference:  Report by Leader of the Council dated September 2014, submitted)

 

The Council considered a report by the Depute Leader of the Council and Policy Lead Councillor for Roads and Amenity Services, Infrastructure, Asset Management and Strategic Projects, Councillor Ellen Morton; which outlined her activity in these roles to date.

 

Decision

 

The Council noted the content of the report.

 

(Reference:  Report by Depute Leader of the Council and Policy Lead Councillor for Roads and Amenity Services, Infrastructure, Asset Management and Strategic Projects dated 17 September 2014, submitted)

The Council considered a report by the Policy Lead Councillor for Island Affairs, Councillor Len Scoullar; which provided an update on the work in relation to islands over the 2014 period.

 

There was also tabled, for information, a letter from NHS Highland regarding the out of hours GP service on Mull and a briefing note on the status and action planned in relation to the out of hours service.

 

Decision

 

The Council noted the content of the report.

 

(Reference:  Report by Policy Lead Councillor for Island Affairs dated 8 September 2014, submitted)

Report by Independent Chair – Argyll and Bute Adult Protection Committee

Bill Brackenridge, Chair of the Adult Protection Committee presented the Argyll and Bute Adult Protection Committee Biennial Report April 2012 to March 2014.  The biennial report covered all aspects of adult support and protection activity between April 2012 and March 2014; outlining the key developments that had taken place over the two year period and highlighting the key challenges facing the Committee.

 

Decision

 

The Council noted the developments that had taken place over the 2 year period and the challenges that lay ahead for the Argyll and Bute Adult Protection Committee.

 

(Reference:  Report by Bill Brackenridge, Chair of Argyll and Bute Adult Protection Committee dated 2 September 2014, submitted)

Report by Head of Strategic Finance

The Council considered a report which reviewed the recently agreed Strategic Risk Register as per the agreed 6 monthly reporting cycle.  The report provided Members with assurance that the strategic risk register continues to be actively monitored.

 

Decision

 

The Council noted the content of the report.

 

(Reference:  Report by Head of Strategic Finance dated September 2014, submitted)

Report by Head of Strategic Finance and ISA260 report

The Council considered the ISA260 report prepared by external auditors as part of the audit of the Council’s financial statements.  The report set out key issues emerging from the audit in relation to the proposed audit opinion, key adjustments to the financial statements arising from the audit process and any unadjusted errors that are not material.  Consideration was also given to a separate ISA260 report in relation to the audit of the Council’s charities.

 

Decision

 

The Council noted the contents of the reports.

 

(Reference:  Report by Head of Strategic Finance and ISA260 reports dated September 2014, submitted)

Report by Executive Director – Customer Services

The Council considered a report that confirmed the findings of the Accounts Commission in respect of the follow up audit report undertaken by Audit Scotland in April/May 2014.  Members were invited to comment on and agree to an updated action plan.

 

Decision

 

The Council –

 

1.      Noted the findings of the Accounts Commission in relation to the follow up Audit Report of Best Value and Community Planning.

 

2.      Agreed the additional action points 34-43 of the revised action plan which were added in response to the follow up report.

 

(Reference:  Report by Executive Director – Customer Services dated 3 September 2014, submitted)

The Executive Director – Customer Services tabled a report which advised of Councillors who now constitute the administration of the Council following a number of changes to the political composition of the Council.

 

Decision

 

The Council noted the terms of the report.

 

(Reference:  Report by Executive Director of Customer Services dated 25 September 2014, tabled)

Report by Executive Director – Customer Services

The Council considered a report inviting nominations to be made to a number of vacancies which existed on Committees and Outside Bodies.

 

An amended report was tabled at the meeting which replaced that previously issued with the agenda for the meeting.

 

Motion

 

With reference to the membership of, and vacancies on Council Committees and outside bodies, I move as follows:-

 

·         Note that a new position of Policy Lead for Gaelic be created and be filled by Councillor Alastair MacDougall

·         Note that the Depute Policy Lead for Gaelic be Councillor Robin Currie

·         Note that there will no longer be a Policy Lead for Improvement, HR, Customer and Support and Facility Services with the Council Leader assuming responsibility for the Improvement, HR, Customer Support and Facility Services remit

·         Note that Councillor Len Scoullar will no longer be the Depute Policy Lead for Education and Lifelong Learning and that Councillor Rory Colville is appointed to this position

·         Note that Councillor Alistair MacDougall will be the Depute Policy Lead for Community and Culture; and Strategic Housing

·         Agree that Councillor Alastair MacDougall will no longer be Chair of Oban, Lorn and the Isles Area Committee and that Councillor Roddy McCuish be appointed to this position

·         Agree that Councillor Bruce Marshall will no longer be the Vice Chair for the Bute and Cowal Area Committee and that Councillor Alex McNaughton be appointed to fill the resultant vacancy

·         Agree that Councillor Bruce Marshall will no longer be a member of the Policy and Resources Committee, and that Councillor  Alastair MacDougall be appointed to fill the resultant vacancy

·         Agree to fill the two vacancies on the Community Services Committee with Councillors Alastair MacDougall and Neil MacIntyre

·         Agree the one vacancy on Environmental, Development and Infrastructure be filled with the new Member Elected following the Oban North By Election

·         Agree the one vacancy on the PPSL Committee be filled by Councillor Neil MacIntyre

·         Agree the arrangement for SOILLSE will be Councillors Alastair MacDougall as the representative and Robin Currie and the substitute

·         Agree to fill the vacancy on the CHP with a Member from the opposition

·         Agree to replace Councillor Len Scoullar on the Argyll College Board with Councillor Roddy McCuish

·         Agree to fill the vacancy on Scotland Excel with Councillor Ellen Morton

·         Agree that the Special Committee for Adult Services be dissolved and their remit be covered by the Community Services Committee

 

Moved by Councillor Dick Walsh, seconded by Councillor Ellen Morton

 

Amendment

 

(a)        To note that the revisions to Policy Leads were at the discretion of the Leader; and

 

(b)        To agree not to fill the vacancy on the Environment, Development and Infrastructure Committee with the new Member elected following the Oban North by election.

 

Moved by Councillor James Robb, seconded by Councillor Michael Breslin

 

Decision

 

On a show of hands vote the Motion was carried by 21 votes to 3 and the Council resolved accordingly.

 

(Reference:  Report by Executive Director – Customer Services dated 25 August 2014, submitted and amended report by Executive Director – Customer Services, tabled)

Having previously declared an interest Councillor Colville left the room and took no part in the consideration of the following item of business.

Report by Executive Director – Customer Services

A report inviting the council to give final approval to the reorganisation of a number of charitable trust funds was considered.  This would ensure that the funds of the registered charities could be used more effectively and to allow the trusts to achieve their objectives.

 

Decision

 

The Council –

 

1.      Gave authority to make payment to the recipient charities as detailed and have the trusts wound up and removed from the OSCR register namely:-

 

• James H Hall Bequest SC025066. Approved the payment of the remaining funds to David Andrew Greenlees Trust SC025066 and then to wind up the Trust and remove it from the OSCR register.
• John Paterson Bequest SC025066. Approved the payment of the remaining funds to David Andrew Greenlees Trust SC025066 and then to wind up the Trust and remove it from the OSCR register.
• Fleming Bequest SC025066. Approved the payment of the remaining funds to Kintyre Forum on Community Care SC023331 on the basis the funds will be used for the relief of those suffering ill health or disability and then wind up the Trust and remove it from the OSRC register.
• Miss Ann MacLean Trust SC025066. Approved the payment of the remaining funds to Moving On Mid Argyll (MOMA) SC041901 and then to wind up the trust and remove it from the OSCR register.

 

2.      For the Miss Evangeline MacDonald Trust SC025066 and Miss Catherine McCaig Trust SC025066 where members agreed to apply to OSCR to reorganise by transferring all the funds held to Oban Charitable Trust SC017747; agreed instead to apply to OSCR to transfer the funds to the  Hope Kitchen in Oban SC041770 as detailed in Appendix 1 of the report.

 

3.      In respect of the Misses MacGillvray Trust SC019593, agreed to apply to OSCR to reorganise by transferring all the funds held to the Hope Kitchen in Oban.

 

(Reference:  Report by Executive Director – Customer Services dated August 2014, submitted)

 

Councillor Colville returned to the meeting.

Report by Executive Director – Customer Services

The Council considered a report which sought agreement to the appointment of two Governors to the Board of the Charles and Barbara Tyre Trust.

 

Decision

 

The Council agreed the appointment of Mr Andrew Baxter (Kinlochleven) and Mr George MacMillan (Campbeltown) as Governors to the Board of the Charles and Barbara Tyre Trust.

 

(Reference:  Report by Executive Director – Customer Services dated 8 September 2014, submitted)

Report by Executive Director – Customer Services

A report which provided an update om the progress with the installation of solar photovoltaic panels at a number of Argyll and Bute Schools was considered.  The report also provided recommendations on the way forward.

 

Decision

 

The Council noted -

 

1.      The excellent progress with the solar pv installations at the non NPDO schools and that the final installation at Park Primary School should be completed during the school holiday period in October 2014.

 

2.      That the projected Full Business Case for the NPDO Schools indicates that prudential borrowing capital funding of circa £943,273 is required for the 5no. NPDO solar pv projects at Dunoon Grammar, Rothesay Joint Campus, Hermitage Academy, Oban Primary Campus and Lochgilphead Joint Campus to proceed to the implementation/delivery stage.

 

3.      That the projected Full Business Case shows an aggregated simple payback period of 10 years for the 5no. NPDO solar pv projects which is well within the 14 year payback limit accepted by Council on 26 June 2014.

 

4.      That on conclusion of an NPDO contract variation, expected in early September 2014, the Executive Director of Customer Services will be in a position to accept tenders on behalf of the Council for the installation of solar photovoltaic panels at the NPDO schools based on the previously agreed delegated authority.

 

5.      That a further update paper will be presented to Council on completion of the project.

 

(Reference:  Report by Executive Director – Customer Services dated 27 August 2014, submitted)

Report by Executive Director – Customer Services

The Council considered a report advising of the recent EJC ruling on holiday pay which would have significant implications for employers including the Council.  In order to halt the current unlawful deductions of wages the report made recommendations to the Council to make backdated payments for this leave year and to regularise payments going forward.

 

Decision

 

The Council agreed that Improvement & HR –

 

1.      Proceed on the basis that action should be put in place now to make the payments for the current leave year and the ongoing future payments.

 

2.      Continue to engage with Trades Unions in relation to the process.

 

3.      Engage with COSLA regarding discussions at a national level to resolve issues arising from the ruling relating to historic back pay.

 

(Reference:  Report by Executive Director – Customer Services dated September 2014, submitted)

Report by Executive Director – Development and Infrastructure Services

The Council considered a report advising that an operational issue with the adjustment to parking meters will result in a delay in implementing a decision by the Policy and Resources Committee on 21 August 2014.  The decision was to instruct officers to end the temporary suspension of parking charges in the Sinclair Street car park from 1 September 2014 to 31 December 2014, with the proviso that the first two hours be free to compensate for the loss of on-street parking during phases three and four of the CHORD works.

 

Decision

 

The Council –

 

1.        Noted the content of the report.

 

2.        Agreed to the new implementation date of 20 October 2014.

 

3.        Agreed to delegate determination of a suspension of car parking charges across Argyll and Bute during the Christmas period to the Policy and Resources Committee.

 

(Reference:  Report by Executive Director – Development and Infrastructure Services dated September 2014, submitted)

 

 

 

 

Report by Executive Director – Customer Services

A report was considered advising that Campbeltown Common Good Fund requires three trustees to be quorate, which is no longer possible following the recent resignation of a Ward 1 Councillor.  The report advised the Council of an urgent need for a meeting of the Campbeltown Common Good Fund to determine applications that are time pressured and set out a proposal for a temporary delegation to avoid delay in convening a quorum.

 

Decision

 

The Council -

 

1.      Agreed a temporary delegation to the Executive Director of Customer Services to determine applications received by the Campbeltown Common Good fund in consultation with Ward 1 members.

 

2.      Noted this delegation would expire on the election of a new Ward 1 member and appointment as a trustee of the Fund.

 

(Reference:  Report by Executive Director – Customer Services dated 22 September 2014, tabled)

 

 

The following question was submitted to the Leader of the Council by Councillor Michael Breslin under Standing Order 15 –

 

“Now that the referendum is over we know for certain that the Scottish public sector will take a £5bn cash cut in the 3 years 2016 to 2019. The only possible hope of avoiding this level of cuts was a Yes vote but the No voters confirmed this level of cuts was what they were content with.

 

The council leader is already on record as saying that there will be no school closures but with education being the single largest element of our expenditure, what does the council leader intend to do to prepare this council, and our education service, for our share of these cuts? Will he agree to start an all member discussion group on financial policy for the remainder of this council? Will he listen to those not in his inner circle or does he plan to do as little as possible and park the problem until the next council elections?”

 

Councillor Michael Breslin

20 September 2014 06:37

 

Response by Councillor Dick Walsh to question submitted under Standing Order 15 by Councillor Michael Breslin

Council Meeting, Thursday 25 September 2014

 

In response to the question put forward by Councillor Breslin and the view that he expresses, I wish to make the following statement. There are 4 key issues I wish to cover and these are:

 

·         The Council has a sound track record of managing its finances.

·        There are without doubt very significant challenges facing Argyll and Bute:

·        Beyond the financial outlook for the public sector there are other significant challenges facing our area.

·        How we address these challenges.

I will now address each of these issues in more detail.

 

The Council has a sound track record of managing its finances which provides a secure and stable platform for meeting future challenges and this can be demonstrated based on the following:

 

·         The Council has an excellent track record in managing its budget and containing expenditure within income.

·        We have a track record of dealing with significant funding reductions in a strategic and structured manner previously through our programme of service reviews.

·        In February 2014 the Council agreed a budget approach that would provide for a 2 year period of stability.

·        The budget is based on service achieving 1% budget savings over 2014-15 and 2015-16.

·        This will see the Council with a free General Fund balance of around £13m by March 2016.

·        It will also see the budgeted expenditure in 2015-16 around £1.4m below the level of funding.

All of this provides a sound basis for the Council meeting the very significant financial challenges facing the whole of the public sector.

 

There are without doubt very significant challenges facing Argyll and Bute and we already know about these.

 

·         Yes the Council faces a very challenging period post 2016 and this was acknowledged in the budget papers from February 2014 which set out the impact of reducing funding as a result of anticipated reductions in public sector funding but also as a consequence of the falling population in Argyll and Bute.

·        Furthermore the Council will also need to address the impact of specific cost pressures through changes to national insurance contributions and the impact of pensions auto enrolment as well as the service and cost consequences that arise from changing demographics.

The challenging financial outlook is known and factored into the Councils longer term financial forecasts.

Beyond the financial outlook for the public sector there are other significant challenges facing our area.

 

·         Our reduction in population confirmed through the 2011 census and the forecast of further reductions in population are of huge concern.

·        The work carried out prior to development of the SOA identifies the need to improve the economic performance of Argyll and Bute.

·        We have recognised these challenges in the SOA. Our overall objective is ambitious for Argyll and Bute.

·        To support this change through the SOA we will need to consider carefully how best we can contribute to drive change and successfully deliver on the objectives of the SOA.

This is why the Policy and Resources Committee has asked officers to investigate how the General Fund balance can be deployed and invested to support growth in the economy, jobs and population.

The critical issue of course is how we address these challenges and this will neither be easy nor straightforward.

 

·         We will need to consider carefully what the Council’s priorities are, what services it delivers, to what standard, how they are delivered, who delivers them and how they are paid for. This will have implications for how the Council allocates its budget.

·        Planning for growth is as important as cutting expenditure to meet reduced funding levels.

·        It is essential that all members are involved in making these decisions and I will bring forward proposals on how that can take place.  However we must be clear that also means all members need to take the opportunity to respond and contribute positively and engage in this process.

Councillor Breslin refers in his view, to a £5 billion cash cut over the period 2016 to 2019. Before commenting on that it should be remembered that the people of Scotland did not vote yes or no to express a view on whether they were content or not with the scenario outlined by Councillor Breslin. The solemn decision made by the people of Scotland and Argyll and Bute was far more complex than the simplistic position outlined by Councillor Breslin and I have no doubt that all who voted considered the consequences of their vote very carefully.

 

Whilst a consistent picture of reducing public sector funding is clear from current forecasts it should also be borne in mind that there is a UK General Election in 2015 and then election in the Scottish Parliament.

 

The figure quoted by Councillor Breslin as a £5bn cash cut is not consistent with those coming through the Chancellor of the Exchequer’s Autumn Statement from 2013, the  ...  view the full minutes text for item 19.

 

The Council resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for the following 3 items of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraphs 8; and 8 & 9; and 8 & 9 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

Report by Executive Director – Development and Infrastructure Services

A report was considered that outlined the need for revenue funding for the continued operation of Rothesay Pavilion beyond the completion of the CHORD repair and upgrading project, as part of a wider funding package. 

 

Decision

 

The Council agreed the recommendations contained within the report by the Executive Director subject to the amendments to recommendation 3.2.

 

(Reference:  Report by Executive Director – Development and Infrastructure Services dated 2 September 2014, submitted)

 

Extract from Minute of Oban, Lorn and the Isles Area Committee held on 10 September 2014 and report by Executive Director – Development and Infrastructure Services (accompanying appendices available in the Members’ Room)

The Council considered a recommendation from the Oban, Lorn and the Isles Area Committee held on 10 September 2014 in respect of the Oban CHORD Public Realm Scheme – Phase one and Two – Full Business Case.

 

Decision

 

The Council agreed the recommendations from the Area Committee as detailed in the report by the Executive Director.

 

(Reference: Extract from Minute of Oban, Lorn and the Isles Area Committee held on 10 September 2014 and report by Executive Director – Development and Infrastructure Services, submitted)

Extract from Minute of Oban, Lorn and the Isles Area Committee held on 10 September 2014 and report by Executive Director – Development and Infrastructure Services (accompanying appendices available in the Members’ Room)

 

The Council considered a recommendation from the Oban, Lorn and the Isles Area Committee held on 10 September 2014 in respect of the Oban CHORD – North Pier Maritime Visitor Facility - Full Business Case.

 

Decision

 

The Council agreed the recommendations from the Area Committee as detailed in the report by the Executive Director.

 

(Reference: Extract from Minute of Oban, Lorn and the Isles Area Committee held on 10 September 2014 and report by Executive Director – Development and Infrastructure Services, submitted)

 

E1&E2           Paragraph 8  The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services.

E3&E4           Paragraph 8  The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services.

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.