Agenda and minutes

Apologies for absence were received from Councillor Robert Macintyre, Councillor Neil MacKay, Councillor Donald MacMillan, William Marshall and David McEwan.

None declared.

The Minutes of the meeting of the Executive held on 8 March 2012 were approved as a correct record.

The Minutes of the meeting of the Education Joint Negotiating Committee held on  20 March 2012 were noted.

Report by Leader of the Council

The Leader of the Council submitted a report highlighting issues he had recently been involved with including –

Chairing the ABRA meeting which was held on 2 March 2012 at the Scottish Marine Institute, Dunstaffnage; his attendance at the EU Wind and Marine Energy Seminar held on 2 March 2012 at the Scottish Marine Institute, Dunstaffnage; his attendance at the COSLA Resources and Capacity Executive on 7 March 2012 in Verity House, Edinburgh; his attendance at the Gourock Dunoon Ferry Service Steering Group on 12 March 2012 at the Scottish Government Offices, Atlantic Quay, Glasgow with Alex Neil in attendance; chairing the Duke of Edinburgh Award Group held on 14 March 2012 in Dunoon Grammar School; his attendance at the Customer Management Project Members Event held on 15 March 2012; his attendance at the Highland and Islands Conveners Meeting held on 29 March 2012 in Edinburgh; his attendance at the COSLA Convention on 30 March 2012 in Verity House, Edinburgh; and his attendance at the European Partnership Board Meeting in Inverness on 2 April 2012.

The Leader’s report also provided updates on Local Tax Collection; proposed changes to Council Tax and Non Domestic Rates; Benefits; Customer Services and IT.

Decision

Noted the report.

(Reference:  Report by Leader of the Council dated April 2012, submitted)

Report by Spokesperson

The Spokesperson for Environment had submitted a report providing Members with information on -

The updated 2011 Carbon Management Plan; Planning matters which included updates on the Forest and Woodland Strategy, Craignish Community Plan, Development Plan Scheme and Local Development Plan, possible establishment of Argyll and the Isles Coast and Countryside Trust, Helensburgh Pierhead Masterplan and the Wind Energy Landscape Capacity Study for Argyll and Bute; Waste Management and Streetscene.

Decision

Noted the report.

(Reference:  Report by Spokesperson for Environment dated April 2012, submitted)

Report by Spokesperson

The Spokesperson for European Affairs had submitted a report providing brief updates on the EU Offshore Wind and Marine Energy Seminar held on 2 March 2012 at the Scottish Marine Institute, Dunstaffnage and the West of Scotland European Forum held in Irvine on 19 March 2012.

Decision

Noted the report.

(Reference:  Report by Spokesperson for European Issues dated April 2012, submitted)

Report by Spokesperson

The Spokesperson for Social Affairs had submitted a report informing Members of his attendance at the Learning Disability Service Users Conference held on 29 March 2012 in the Three Villages Hall, Arrochar.

Decision

1.      Noted the report; and

2.      Agreed that adoption of the Learning Disability Service Users Conference should be an annual peripatetic event.

(Reference:  Report by Spokesperson for Social Affairs dated April 2012, submitted)

Report by Executive Director – Community Services

At the Council budget meeting held on 16 February 2012 an additional allocation of £2.126m was approved for investment in the education estate to improve the sustainability of assets and to support service development projects.  A report setting out proposals for the investment of the additional capital allocation was considered.

Decision

Approved the proposed projects to invest the additional capital allocation of £2.126m in asset sustainability and service development as detailed in Appendix 2 to the report by the Executive Director.

(Reference:  Report by Executive Director – Community Services dated 19 March 2012, submitted)

Joint report by Executive Director – Community Services and Executive Director – Customer Services

A report advising the Executive on the Scottish Government requirement for revenue funded projects such as the proposed new school facilities for Campbeltown Grammar and Dunoon Area Primary Shared Campus to be procured through the hub and in consultation with the Scottish Futures Trust; and which recommended governance arrangements to progress the business case process to procurement of such improved school facilities.

A supplementary paper, tabled at the meeting, which outlined the consultation approach planned for Dunoon area shared primary and pre-five campus was also taken into consideration.

Decision

The Executive -

1.      Noted the content of the report and supplementary paper;

2.      Agreed the Governance arrangements as contained in paragraph 4.2 and Appendix 1 of the report;

3.      Agreed the New Project Request (NPR) as requested in paragraph 5.1 of the report and contained in Appendix 2 of the report and instructed the Executive Director – Customer Services to lodge this with SFT and hubco;

4.      Noted the affordability position as outlined in paragraph 6.3 and detailed at Appendix 3 of the report;

5.      Agreed to the earmarking of the funds and for the purpose as contained in paragraph 6.2 of the report;

6.      Noted the position in regard to the consideration of shared working at paragraph 7.1 of the report;

7.      Noted that the Scottish Futures Trust has commended the consultation activity carried  out to date in respect of the Dunoon area shared primary and pre five campus project outlined in the supplementary briefing note prepared by the Executive Director; and

8.      Agreed a commitment to ongoing dialogue with stakeholders, staff, parents and community once preliminary design work has been completed, prior to the commitment of significant expenditure on the proposal.

(Reference: Joint Report by Executive Director – Community Services and Executive Director – Customer Services dated April 2012, submitted and supplementary report by Executive Director – Community Services dated 19 April 2012, tabled)

Report by Executive Director – Customer Services

A report summarising the progress in relation to the Council’s NPDO project to the end March 2012 and, in particular, providing an update on the current financial position of the Project was considered.

Decision

Noted the content of the report.

(Reference: Report by Executive Director – Customer Services dated April 2012, submitted)

William Crossan and Maureen Arthur left the meeting.

Report by Head of Strategic Finance

A report outlining proposals to carry forward and earmark balances in the General Fund Reserve as at 31 March 2012 was considered.  These earmarked reserves had arisen as a result of unspent budget proposals.

Decision

Approved the proposed earmarking of unspent budget as detailed within the report.

(Reference:  Report by Head of Strategic Finance dated 4 April 2012, submitted)

Report by Chief Executive

Following consultation with the Trade Unions, the existing Attendance Policy and Procedures had been revised, and from best practice research the new Maximising Attendance Policy and Procedures had been developed to aid a more streamlined and efficient Attendance Policy.  A report presenting the new Maximising Attendance Policy and Procedures was considered.  The report also highlighted changes from the Managing Attendance Policy to the new Maximising Attendance Policy.

Decision

The Executive –

1.      Agreed the new Maximising Attendance Procedures; and

2.      Recommended the approval of the Maximising Attendance at Work Policy to the Council.

(Reference:  Report by Chief Executive dated April 2012, submitted)

Report by Executive Director – Development and Infrastructure Services (to follow)

A report setting out a recommended response to the European Commission’s proposals for the future Common Agricultural Policy was considered.

Decision

1.      Approved the recommended response as contained within the report; and

2.      Agreed that representation be made through the appropriate channels with regard to the proposals that LEADER expenditure will be managed by the Scottish Government Rural Payments and Inspections Directorate and no longer by Argyll and Bute Council.

(Reference:  Report by Executive Director – Development and Infrastructure Services dated 17 April 2012, submitted)

Report by Executive Director – Development and Infrastructure Services

A paper which detailed the Council’s final response to the Scottish Government Draft Ferries Plan was considered.

Decision

Noted the response made by the Council to the Scottish Government Draft Ferries Plan.

(Reference: Consultation response by Executive Director – Development and Infrastructure Services dated April 2012, submitted)

Report by Executive Director – Development and Infrastructure Services

The Executive considered a report that informed Members as to the findings of the inquiry by the House of Commons Scottish Affairs Committee into the Crown Estate in Scotland.  This inquiry had been the result of the volume of submissions received which specifically related to the Crown Estate Commission and the issue of tax raising and borrowing powers as part of the Scottish Affairs Committee Inquiry into the Scotland Bill which had a specific focus for provision for increased tax raising and borrowing powers for the Scottish Parliament.

Decision

Noted the content of the report.

(Reference:  Report by Executive Director – Development and Infrastructure Services dated April 2012, submitted)

Extract from Mid Argyll, Kintyre and the Islands Local Area Community Planning Group and Report by Executive Director – Customer Services

The Executive considered an extract from the Minute of the Mid Argyll, Kintyre and the Islands Local Area Community Planning Group that representation be made to the Executive to support the maintenance and continuation of the Rural Transport Grant made to the Red Cross.  In addition, a report submitted by the Executive Director – Customer Services outlining recommendations for the use of the funding available to support discretionary transport projects during 2012/13 was considered.

Decision

1.      Noted the recommendation from the Mid Argyll, Kintyre and the Islands Local Area Community Planning Group; and

2.      Approved the funding recommendations outlined in Appendix A to the report.

(Reference: Extract from the Minute of the Mid Argyll, Kintyre and the Islands Local Area Community Planning Group held on 7 March 2012 and report by Executive Director – Customer Services dated 8 March 2012, submitted)

Report by Executive Director – Customer Services

A report setting out proposals for disbursement of £10,000 per annum additional discretionary funding for Community Councils was considered.

Decision

Endorsed the proposals set out at paragraph 4.1 of the report and delegated the Executive Director of Customer Services authority to put in place guidelines relating to meeting attendance which should aim to promote the use of video conferencing and  car sharing, where appropriate.

(Reference:  Report by Executive Director – Customer Services dated 12 March 2012, submitted)

Report by Executive Director – Development and Infrastructure Services

The Coastal Communities Fund launched in February 2012 from revenues generated by the Crown Estate was designed to support the economic development of UK Coastal Communities by promoting economic growth and jobs. A paper was considered that set out a proposed new project for submission to the new Coastal Communities Fund.

Decision

Endorsed the proposed approach for the submission of a stage one application to the Coastal Communities Fund.

(Reference:  Report by Executive Director – Development and Infrastructure Services dated April 2012, submitted)

Report by Executive Director – Development and Infrastructure Services

The Council, together with Scottish Natural Heritage commissioned Consultant Landscape Architects to prepare an Argyll and Bute Landscape Wind Energy Capacity Study.  The study provides technical information which will be used to help develop the windfarm/wind turbine policies and associated spatial framework in the proposed Local Development Plan.  In addition, the study provided new guidance on the siting of smaller scale (up to 50 metre) turbines throughout Argyll and Bute.  The Executive considered a report presenting this and also an executive summary of the Study which was attached as an appendix to the report.

Decision

Recommended to the Council –

1        Adoption of the Argyll and Bute Landscape Wind Energy Capacity Study as a technical background document;

2        That the study be used to help inform decision making in relation to planning applications submitted for wind energy proposals; and also inform the development of new policy contained in the proposed Local Development Plan including spatial guidance for on shore wind energy developments;

3        That any new Policy in relation to wind energy be subject to further Council approval and extensive consultation as part of the Local Development Plan process; and

4        That a workshop be held after the May elections to help introduce the study to a wide range of stakeholders including potential developers, landowners and community representatives.

(Reference:  Report by Executive Director – Development and Infrastructure Services dated April 2012, submitted)

Report by Executive Director – Community Services

A paper setting out the role of the Chief Social Work Officer and confirming the appointment of Jim Robb, Head of Adult Care as the new Chief Social Work Officer for the Council was considered.

Decision

Noted –

1.      The content of the report; and

2.      The appointment of the Head of Adult Care as the new Chief Social Work Officer for the Council.

(Reference:  Report by Executive Director – Community Services dated 19 April 2012, submitted)

Report by Chief Executive

A report providing detail of all external inspection / audit reports received across Argyll and Bute Council during the period 1 July 2011 to 31 December 2011 was considered.

Decision

Noted the content of the report and appendix.

(Reference:  Report by Chief Executive dated 19 April 2012, submitted)

Report by Executive Director – Customer Services

The Council approved its initial Carbon Management Plan covering the period 2009 to 2014 in May 2009. This set out an ambitious target for a 20% reduction in the Council’s carbon emissions by 2014.  A report introducing the Carbon Management Plan 2011 Update, which had been produced with the support of the Carbon Trust through their Carbon Management Revisited Programme was considered.

An addendum containing a foreword from Councillor Bruce Marshall, Spokesperson for Environment, was tabled and considered also.

Decision

1.      Noted the report and addendum; and

2.      Noted the progress being achieved by the Council towards the 2014 targets contained within the Carbon Management Plan.

(Reference:  Report by Executive Director – Customer Services dated 9 March 2012, submitted and Addendum dated 18 April 2012, tabled)

Report by Executive Director – Customer Services

A report introducing the draft reporting template that had been requested by COSLA to update on the Council’s contribution towards Scotland’s Climate Change Declaration was considered.

Decision

1.      Noted the report; and

2.      Approved the terms of the update.

(Reference:  Report by Executive Director – Customer Services dated 13 March 2012, submitted)

Report by Executive Director – Community Services

All Local Authorities are required to submit a Strategic Housing Investment Plan annually and the date of submission for Ministerial approval had been 31 March 2012.  The Council’s Strategic Housing Investment Plan 2012–15 had been approved at the Strategic Housing and Communities Forum at it’s meeting on 22 March 2012 and would be submitted to the Scottish Government subject to the Executive’s retrospective approval.  A report presenting the Plan was considered.

Decision

1.      Noted the report;

2.      Expressed concern over the proposed funding allocation per unit from the Scottish Government and the impact it is having on the ability of Registered Social Landlords  to provide high quality social housing; and

3.      Approved the Strategic Housing Investment Plan 2012-15.

(Reference:  Report by Executive Director – Community Services dated 8 March 2012, submitted)

Proposed by Councillor James Robb, seconded by Councillor Louise Glen-Lee

“To achieve better community support for the Helensburgh CHORD Project as a whole the Council agrees to a review of the proposed design of Colquhoun Square before going to re-tender for the construction contract. There is demonstrable public support to remove the road bend, to increase the proportion of green space and to re-locate the bus stops.

Council officers are instructed to bring forward for informal consultation at least three alternatives: the current proposed design and at least two other alternatives incorporating the three issues above. After incorporating suggestions from the consultation into the alternatives the most acceptable design will be chosen by an informal referendum at a central location in Helensburgh at the earliest possible date.  The Alternative Vote system will be used and voting shall be open to those on the electoral register for Wards 9, 10 and II  at that time.

The detail procedures for the informal referendum are delegated to the Returning Off-Icer. The arrangements to ensure a decision is reached in a reasonable timefi·ame within the constraints of reasonable notice are delegated

to the Director of Development and Infrastructure Services.”

The Head of Governance and Law had received an email from Councillor James Robb, copied to the seconder, Councillor Louise Glen-Lee, advising that he wished to withdraw the above Notice of Motion.

The Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for the following item of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraphs 6; 8 & 9; 9 and 9 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

Report by Executive Director – Community Services

The Executive considered a report containing a request for bridging finance from the Strategic Housing Fund.

Decision

Agreed the recommendations as contained within the report.

(Reference:  Report by Executive Director – Community Services dated 27 February 2012)

Extract from Minutes of CHORD Programme Management Board held on 4 April 2012 and report by Executive Director – Development and Infrastructure Services

The Executive considered a recommendation from the CHORD Programme Management Board for the drawdown of funds from the Leisure Services Capital Budget to progress the Dunoon CHORD Waterfront Project.

Decision

Agreed the recommendations as contained within the extract of the Minute of the CHORD Programme Management Board held on 4 April 2012.

(Reference:  Extract of Minute of CHORD Programme Management Board held on 4 April 2012 and report by Executive Director – Development and Infrastructure Services dated March 2012, submitted)

Joint report by Executive Director – Community Services and Executive Director – Customer Services

A report advising Members on the current position with regard to the sale of Castle Toward at Ardentinny was considered.

Decision

Agreed the recommendations as contained within the report.

(Reference:  Joint report by Executive Director – Customer Services and Executive Director – Community Services dated April 2012, submitted)

Joint report by Executive Director – Development and Infrastructure Services and Executive Director  – Customer Services

A report advising members of the current position with regard to the settlement of the variations currently in practical effect with Shanks and the agreement on the detail of the variation document, the financial model and the payment of sums due and by the Council and Shanks was considered.

Decision

1.      Noted the basis of the settlement as contained within the report; and

2.      Commended the work of the Executive Director – Development and Infrastructure Services in reaching the settlement.

(Reference:  Report by Executive Director – Development and Infrastructure Services dated April 2012, submitted)

As this was the final meeting of the Executive in the current term of the Council, the Leader expressed his thanks to the Chief Executive, Executive Directors, Heads of Service and their support staff for their hard work during challenging times.  He thanked Members for their support through the Executive, the Transformation Board, Administration meetings and the Budget Working Group.  He thanked the Trade Unions for their contribution.

The Depute Leader of the Council in turn thanked the Leader on behalf of the Executive for his exceptional hard work and dedication over the past 5 years.

E1                   Paragraph 6  Information relating to the financial or business affairs of any particular person (other than the authority).

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.

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 & 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.