Agenda and minutes

The Head of Governance and Law advised of an urgent Motion, submitted under Standing Order 14, by Councillor Robin Currie and seconded by Councillor Trail in relation to an affordable warmth manifesto for the Highlands and Islands.  The Provost ruled and the Council agreed that this be taken as an urgent item due to the need to confirm the Council’s endorsement, if so minded, by a certain date.  The Provost advised that this would be considered after item 15 of the agenda.

Apologies for absence were received from Councillors Michael Breslin, Donald Kelly, Roderick McCuish, Duncan MacIntyre and Ellen Morton.

Councillor James McQueen declared a non-financial interest in item 7 of the agenda due to his involvement with Dunoon Boxing Club.

 

Councillor Sandy Taylor declared a non-financial interest in item 7 of the agenda due to his involvement with Kilmartin House.  He claimed the benefit of the dispensation as contained at section 5.16 of the Standard Commission’s Guidance and Dispensation Note dated December 2010 to enable him to speak and vote.

 

Councillors Bruce Marshall, Sandy Taylor and Richard Trail declared a non-financial interest in item 10 of the agenda due to the fact they are Members of the ACHA Board.  They each claimed the benefit of the dispensation as contained at section 5.16 of the Standard Commission’s Guidance and Dispensation Note dated December 2010 to enable them to speak and vote.

 

The Minutes of the Meeting of Argyll and Bute Council held on 12 February 2015 were approved as a correct record.

The Minutes of the Special Meeting of Argyll and Bute Council held on 12 February 2015 were approved as a correct record.

 

The Minutes of the Special Meeting of Argyll and Bute Council held on 19 March 2015 were approved as a correct record subject to the following amendment –

 

Under item 2 (Declarations of Interest) the second paragraph be amended to read –

“Councillor Neil MacIntyre declared a non-financial interest in item 4 of the agenda at this point due to him having a family Member who had submitted a bid”.

 

The Minutes of the meeting of the Community Services Committee held on 12 March 2015 were noted.

The Minutes of the meeting of the Policy and Resources Committee meeting held on 19 March 2015 were noted.

 

Arising from item 7 (Revised Redundancy Policy and Procedures), the Council noted the revisions to the Policy.

 

Arising from item 15 (b) (Assessment of External Financial Request), the Council noted that this would be considered as part of the decision taken at item 7 of the agenda (Capital Planning Pack).

 

Arising from item 17 (Castle Lodge Gate House) the Council noted that this would be considered as part of the decision taken at item 7 of the agenda (Capital Planning Pack).

The Minutes of the Meeting of the Policy and Resources Committee held on 2 April 2015 were noted.

The Minutes of the Meeting of the Environment, Development and Infrastructure Committee held on 13 April 2015 were noted.

Report by Leader of the Council

A report outlining the key activities undertaken within the role of Council Leader since 23 January 2015 was considered.

 

Decision

 

The Council –

 

1.    Noted the content of the report.

 

2.    Noted that additional documentation was available in a Leaders Report Pack through the Leadership Support Officer.

 

(Reference:  Report by Leader of the Council dated April 2015, submitted)

The Council considered a report from the Policy Lead Councillor for Planning, Protective Services and Licensing.  The report outlined activities undertaken by the Policy Lead Councillor in his role in the period between 16 April 2014 and 16 April 2015.

 

Decision

 

The Council noted the content of the report.

 

(Reference: Report by Policy Lead Councillor for Planning, Protective Services and Licensing dated April 2015, submitted)

The Council considered a report from the Policy Lead Councillor for Gaelic.  The report outlined the work undertaken by the Policy Lead Councillor in his role between 1 October 2014 and 31 March 2015.

 

Decision

 

The Council noted the content of the report.

 

(Reference: Report by Policy Lead Councillor for Gaelic dated  April 2015, submitted)

 

The Council considered a report from the Policy Lead Councillor for Islands.  The report outlined the work undertaken by the Policy Lead Councillor in relation to islands in the period between September 2014 and  March 2015.

 

Decision

 

The Council noted the content of the report.

 

(Reference: Report by Policy Lead Councillor for Islands dated 9 April 2015, submitted)

 

Councillor James McQueen having previously declared an interest in the following item of business left the room and took no part in the consideration of this item.

Report by Interim Head of Strategic Finance

The Council considered a package of papers in relation to capital and asset management planning.

 

Decision

 

The Council –

 

1.    Approved the recommendations contained within the Capital Plan Summary Report.

 

2.    Approved the Corporate Asset Management Strategy.

 

3.    Approved the Corporate Asset Management Plan.

 

4.    Approved the Service Asset Management Plans.

 

(Reference:  Capital Planning Pack 2015/16 to 2019/20, submitted)

 

Councillor McQueen rejoined the meeting.

Report by Executive Director – Customer Services

The Council considered a report containing proposed changes to the Council Constitution as part of the annual review of the document.

 

The Head of Governance and Law advised the Council of some amendments to the recommendations as contained within the report.

 

Motion

 

The Council –

 

1.    To note for the purposes of standing order 1.3.2,13.1 and 14.1 that the requirements for written notification shall also be satisfied by an email of the motion or notice being submitted by individual members via their  Council email account.

 

2.    To amend the Scheme of Delegation to delete the second sentence of paragraph 1.3.2[2] and to invite the Council to appoint a Chair and Vice Chair of the Strategic Committees for Community Services and Environment Development and Infrastructure.

 

3.    To delete the delegation  contained at paragraph 2.5.3[b] as from the date of adoption of the new statutory guidance on area capacity evaluations and to note that such applications shall be included within those matters delegated to the Executive Director Development and Infrastructure Services and to be subject to the same provisions as for other local applications.

 

4.    To note the proposed update to the Terms of Reference of the Community Services Committee at section 2.3 to clarify the full remit of the service.

 

5.    To note that there will be a need to update the Constitution further when the IJB becomes operational to create a series of delegations for the Chief Officer in respect of functions currently delegated to the Executive Director of Community Services.

 

6.    To delete the words “safe guarders and” from delegation 4 within the detail for the Executive Director of Customer Services as the appointment of safe guarders is now dealt with by a national agency.

 

7.    To appoint Councillor Robin Currie as Chair of the Community Services Committee and Councillor Mary Jean Devon as Vice-Chair.

 

8.    To appoint Councillor Ellen Morton as Chair of the Environment, Development and Infrastructure Committee and Councillor Robert G MacIntyre as Vice-Chair.

 

Moved Councillor Dick Walsh, seconded Councillor Gary Mulvaney.

 

Amendment

 

1.    To note for the purposes of standing order 1.3.2,13.1 and 14.1 that the requirements for written notification shall also be satisfied by an email of the motion or notice being submitted by individual members via their  Council email account.

 

2.    To amend the Scheme of Delegation to delete the second sentence of paragraph 1.3.2[2] and to invite the Council to appoint a Chair and Vice Chair of the Strategic Committees for Community Services and Environment Development and Infrastructure.

 

3.    To delete the delegation  contained at paragraph 2.5.3[b] as from the date of adoption of the new statutory guidance on area capacity evaluations and to note that such applications shall be included within those matters delegated to the Executive Director Development and Infrastructure Services and to be subject to the same provisions as for other local applications.

 

4.    To note the proposed update to the Terms of Reference of the Community Services Committee at section 2.3 to clarify the full remit of the service.

 

5.    To note that there will be a need to update the Constitution further when the IJB becomes operational to create a series of delegations for the Chief Officer in respect of functions currently delegated to the Executive Director of Community Services.

 

6.    To delete the words “safe guarders and” from delegation 4 within the detail for the Executive Director of Customer Services as the appointment of safe guarders is now dealt with by a national agency.

 

7.    To appoint Councillor Robin Currie as Chair of the Community Services Committee and Councillor Richard Trail as Vice-Chair.

 

8.    To appoint Councillor Ellen Morton as Chair of the Environment, Development and Infrastructure Committee and Councillor Isobel Strong as Vice-Chair.

 

Moved Councillor James Robb, seconded Councillor Iain MacLean.

 

Decision

 

On a show of hands vote the Motion was carried by 20 votes to 9 and the Council resolved accordingly.

 

(Reference:  Report by Executive Director – Customer Services dated 23 April 2015, submitted)

 

Report by Executive Director – Customer Services

A report updating the Council on current political management arrangements in respect of the political composition of the Council and with regards to revisions to Policy Leads and their portfolios was considered.  The report also dealt with appointments to Committees and other bodies.

 

Decision

 

1.    Noted the revised arrangements, as set down in appendices 1 & 2 to –

 

a)    Reduce the number of policy leads and ensure a better strategic fit with departments/senior officers

b)    Achieve an overall budget saving in members’ remuneration

c)    Continue the current arrangements wherein a councillor holds more than one eligible senior role, only one Senior Councillor Payment is made at the higher rate.

 

2.    Agreed that as the revised remits will give rise to changes in the membership of external bodies associated with the revised portfolios that members agree to this being delegated to the Director of Customer Services in consultation with the Leader and Depute Leader of the Council and the Leader of the Opposition and to advise Elected Members of these consequent changes.

 

3.    Agreed, as a consequence of the revised Policy Lead portfolios and appointments, and the need to satisfy balance, to delegate to the Director of Customer Services in consultation with the Leader and Depute Leader of the Council and the Leader of the opposition to notify the required changes to the Strategic Committee appointments based on committee memberships of 16 members based on a 12:4 split and to advise elected members of these consequent changes.

 

 

4.    Agreed to appoint 10 members to the new single Harbour Authority to be Chaired by Councillor Ellen Morton, Chair of the EDI Committee, Vice Chair Robert G MacIntyre and to appoint 8 other members on the basis of 5 administration members and 3 opposition members. As far as is practically possible the appointed members should have regard to the relevant area representation. The Leader of the Administration and Leader of the main opposition Group to notify the Executive Director of Customer Services of the names of the appointed members.

 

5.    Noted the appointment of shadow spokespersons from the SNP group as set out in appendix 2.

 

[Appendices 1 and 2 are appended to the end of this minute]

 

(Reference:  Report by Executive Director – Customer Services dated 9 April 2015, submitted and Notice of Motion by Councillor Dick Walsh, seconded by Councillor Gary Mulvaney, tabled)

Report by Executive Director – Customer Services

The Council considered a report inviting Members to comment on a proposal from Argyll Community Housing Association to reduce the Councillor representation on their Board from 5 to 3.

 

Decision

 

The Council noted the report and agreed to take no action.

 

(Reference:  Report by Executive Director – Customer Services dated 8 April 2015, submitted)

Report by Executive Director – Customer Services

The Council considered a report in respect of remuneration arrangements for Councillors for 2015-16. 

 

Motion

 

1.    To note the increased payments as detailed in the report by the Executive Director and noted that the arrears due would be paid in the May pay run.

 

2.    To agree the increase in remuneration of Policy Leads by 1% for 2015/16 and that those payments are backdated to be consistent with national decisions on payments determined by statutory instrument.

 

Moved Councillor Dick Walsh, seconded Councillor Gary Mulvaney.

 

Amendment

 

To take no action.

 

Moved Councillor George Freeman, seconded Councillor Neil MacIntyre.

 

Decision

 

On a show of hands vote the Motion was carried by 17 votes to 5 and the Council resolved accordingly.

 

(Reference:  Report by Executive Director – Customer Services dated 23 March 2015, submitted)

Report by Executive Director – Customer Services

 

The Council considered a report which sought final approval to the reorganisation of charitable trust funds as outlined in the report by the Executive Director and to make payment to the recipient charities of the Charity Reorganisation Scheme which have been approved by OSCR.

 

Decision

 

The Council gave final authorisation of the actions outlined in the report and provided authority to make payment to the recipient charities as detailed and have the trusts wound up and removed from the OSCR register namely:-

 

(1)  Miss Catherine McCaig Trust SC025066. Approve the payment of the remaining funds to the Hope Kitchen Trust SCO041770 and then to wind up the Trust and remove it from the OSCR register.

(2)  Misses MacGillivray Trust SC019593. Approve the payment of the remaining funds to the Hope Kitchen Trust SCO041770 and then to wind up the Trust and remove it from the OSCR register.

(3)  Miss Evangeline MacDonald Trust SC025066. Approve the payment of the remaining funds to the Hope Kitchen Trust SCO041770 and then to wind up the Trust and remove it from the OSCR register.

 

(Reference:  Report by Executive Director – Customer Services dated April 2015, submitted)

Report by Executive Director – Customer Services

The Council considered a report which set out the current position with regards to extension of the electoral franchise and in light of this requested them to consider if there was a requirement to continue the SLWG to further consider this matter.

 

Motion

 

That Council:

 

(a)  Note the current position on the extension of the electoral franchise to 16-17 year olds and the feedback from other Councils.

(b)  Agree that in light of the information provided within this report there is no further requirement to continue the work of the SLWG.

(c)  Agree the recommendation not to extend the electoral franchise for Community Council Elections at this time but to give effect to it from and after the next review of the Scheme in 2017; to have effect at the next full election.

(d)  Note the request from Arrochar and Tarbet Community Council to change the name of the Community Council and to agree to consult on this at the next scheduled review providing there are no changes to their current boundary from the impending Boundary Commission Review.

 

Moved Councillor Dick Walsh, seconded Councillor Gary Mulvaney.

 

Amendment

 

That Council:

 

(a)  Note the current position on the extension of the electoral franchise to 16-17 year olds and the feedback from other Councils.

(b)  Agree that in light of the information provided within this report there is no further requirement to continue the work of the SLWG.

(c)  Agree the recommendation not to extend the electoral franchise for Community Council Elections at this time but to give effect to it from and after the next review of the Scheme in 2017; to have effect at the next full election.

(d)  Agree the change of the Community Council name as requested and to regard this as de minimis and therefore not require a review of the Scheme.

 

Moved Councillor George Freeman, seconded Councillor Robert G MacIntyre.

 

Decision

 

On a show of hands vote the Motion was carried by 16 votes to 12 and the Council resolved accordingly.

 

(Reference:  Report by Executive Director – Customer Services dated 23 March 2015, submitted)

 

Report by Executive Director – Development and Infrastructure Services

 

The Action Programme can be viewed online at

http://www.argyll-bute.gov.uk/moderngov/ieListDocuments.aspx?CId=257&MId=6626&Ver=4

and hard copies will be made available for perusal in the Members Room

 

The Local Development Plan Action Programme was before the Council for adoption.  The Action Programme is an integral part of the Local Development Plan which must be adopted by the Council, kept under review and republished bi-annually.

 

Decision

 

The Council –

 

1.    Noted and adopted the Local Development Plan Action Programme and agreed its submission to the Scottish Government.

 

2.    Noted the intention to produce a “Key Sites” Action Programme in consultation with Members and coordination with the Council’s Economic Development Service later in the year.

 

(Reference:  Report by Executive Director – Development and Infrastructure Services dated 20 February 2015, submitted and Local Development Plan Action Programme, available online)

Report by Executive Director – Development and Infrastructure Services

The proposed Argyll and Bute Council Historic Environment Strategy was before the Council for approval.

 

Decision

 

The Council –

 

1.    Noted the content of the proposed Argyll and Bute Council Historic Environment Strategy.

 

2.    Agreed the content of the proposed Strategy and Action Plan and agreed that the Strategy be taken to public consultation.

 

(Reference:  Report by Executive Director – Development and Infrastructure Services dated April 2015, submitted)

 

The Council resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for the following 4 items of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraphs 12; 8; 8; and 9 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

Report by Executive Director – Customer Services

The Council considered a report in respect of proposals by the Local Government Boundary Commission.

 

Decision

 

The Council agreed –

 

1.    To set up a Short Life Working Group to consider the proposals in detail.

 

2.    The Membership of the Short Life Working Group to be the Leader of the Council, Leader of the Opposition, 8 Members from the Administration and 4 Members from the Opposition with names to be notified to the Executive Director – Customer Services.

 

3.    That the Short Life Working Group be Chaired by the Leader of the Council.

 

(Reference:  Report by Executive Director – Customer Services dated 25 March 2015, submitted)

Report by Executive Director – Development and Infrastructure Services

 

Appendices A-G relating to this item will be made available for perusal in the Members Room

The Council considered a report presenting the full Business Case for the redevelopment of Rothesay Pavilion.

 

Decision

 

The Council agreed the recommendations contained within the submitted report.

 

(Reference:  Report by Executive Director – Development and Infrastructure Services dated April 2015 and Full Business Case, submitted.  Appendices A-G made available for perusal in the Members Room)

Report by Executive Director – Community Services

A report was considered which provided an updated affordability calculation in respect of the proposed refurbishment/remodelling of Dunoon Primary School.  The report also provided information with regard to the process to lodge a New Project Request with the Scottish Futures Trust and hubNorth Scotland Ltd.

 

Decision

 

The Council agreed the recommendations as contained within the submitted report.

 

(Reference:  Report by Executive Director – Community Services dated 23 March 2015, submitted)

 

 

Report by Executive Director – Customer Services

The Council considered a report summarising progress in relation to the Council’s NPDO project to the end of March 2015 and, in particular, provided an update on the current financial position of the Project.

 

Decision

 

The Council –

 

1.    Noted the report.

 

2.    Agreed that the Special Projects Team continue discussions to achieve gains from the NPDO Project and will report back on progress.

 

(Reference:  Report by Executive Director – Customer Services dated April 2015, submitted)

Appendix 1

POLITICAL MANAGEMENT ARRANGEMENTS

Policy Lead Remit	SRA	Policy Lead	Depute	Executive Director	Heads of Service
Island Affairs	no	Len Scoullar (Provost)		Pippa Milne	Fergus Murray
Health & Social Care Integration	yes	Mary Jean Devon	a) Children & Families - Jimmy McQueen b) Adult Care - Elaine Robertson and Dougie Philand	Cleland Sneddon	Louise Long Jim Robb
Strategic Finance (IT Services, Improvement, HR, Customer Support, Facility Services, Governance and Law)	no	Dick Walsh (Leader)	Gary Mulvaney	Sally Loudon Douglas Hendry	Steve Barrett Judy Orr Jane Fowler Charles Reppke Malcolm MacFadyen
Roads, Infrastructure, Amenity Services and Special Projects	yes	Ellen Morton	Robert G MacIntyre	Pippa Milne	Jim Smith Fergus Murray
Sustainable Economic Growth (Economic Development, European Affairs, Renewables and Strategic Tourism)	yes	Aileen Morton	Maurice Corry	Pippa Milne	Fergus Murray
Transportation (strategic local, Ferries, Piers, Harbours and Airports)	yes	Alistair MacDougall		Pippa Milne Douglas Hendry	Fergus Murray Jim Smith Malcolm MacFadyen
Strategic Housing, Gaelic, Community & Culture	yes	Robin Currie	Roddy McCuish	Cleland Sneddon	Donald MacVicar
Education, & Lifelong Learning	yes	Rory Colville		Cleland Sneddon	Ann Marie Knowles Donald MacVicar
PPSL, Planning Services, Historic and Sustainable Environment	yes	David Kinniburgh	Alex McNaughton	Pippa Milne	Angus Gilmour Charles Reppke Fergus Murray

 

To note that the existing appointments as Chair/Vice Chair of each of the Area Committees remain unchanged

 

 

Appendix 2

Argyll and Bute Council Group - SNP Spokespersons			2015
Business, Energy & Tourism (Infrastructure, Investment & the Environment)
	Economic development, town centres, BIDs Sustainable Energy Strategic transport and public transport; air, rail and ferry services CHORD, TIFF /Lorn ARC Waste Disposal and Roads Maintenance Services	ED&I Pippa Milne Jim Smith Fergus Murray	Sandy Taylor
Education and Life-long Learning
	Education, educational attainment, school standards, quality and improvement, school infrastructure and staffing, behaviour inc. bullying Skills training and employment; youth employment, skills and employment training Further education (Argyll College and UHI) Catering and School Transport Services	Communities   Cleland Sneddon Anne-Marie Knowles Malcolm MacFadyen	Isobel Strong
Health and Social Care (Adult Care & Children and Families)
	Adult care and support & carers Protection of vulnerable groups Addiction Services Autism, Learning Disability Children's rights, children's services, early years Adoption and fostering, child protection, looked-after children Children's hearings, youth work, youth justice, criminal justice social work	H&SC Partnership Communities Cleland Sneddon	Anne Horn
Rural Affairs, Food &. Environment
	Environment, inc. physical and marine environment Agriculture, forestry, fisheries and aquaculture Rural Argyll and Bute, farming, crofting and food and drink Sustainable development, biodiversity & natural heritage Waste Management and Amenity Services	ED&I   Pippa Milne Fergus Murray Angus Gilmour	John Armour
Culture, Sport and Tourism
	Culture and the arts ( inc. Twinning) Libraries and museums Sports development, sports and communities halls and other facilities Events and festivals Built heritage and architecture Gaelic language	Communities Cleland Sneddon   Donald McVicar Jane Fowler Angus Gilmour	W. Gordon Blair
Community Safety and Regulation
	Planning and Development Strategic Housing Regulatory Services Building Standards Civic Government and Liquor licensing Police and Fire and Rescue Services	ED&I   Pippa Milne Angus Gilmour Donald McVicar	Richard Trail
Building Strong Communities
	Community Planning Community empowerment and engagement Sustainable Islands The third sector and the social economy, A&B CAB and Bute Advice Welfare, measures against poverty and homelessness	PPSL Communities   Pippa Milne Angus Gilmour	Iain Angus MacDonald
	Civil Resilience
	Land Reform
Finance & Asset Management
	Strategic Finance Customer Services Audit Asset Management, inc. Estates Strategic IT, inc. Communication and Network Services Property Maintenance Service	Audit P&R Douglas Hendry H o SF Judy Orr Malcolm MacFadyen Charles Reppke	Iain S. MacLean

 

 

E1                   Paragraph 11  Information relating to any consultations or negotiations, or contemplated consultation or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority.

E2&E3           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.

E4                   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.