Agenda and minutes

Apologies for absence were given from:-

Jayne Lawrence-Wynch, Area Manager (Operations)

David Clements, IOD Programme Manager

Alistair MacGregor, ACHA

General introductions were made and the Chair welcomed the new Area Committee Manager to the Area Governance Team.

Advance notification had been given by Executive Director of Customer Services that the meeting would be inquorate due a consensus of opinion between Members that no business would be transacted and that Members would not attend the meeting as a mark of respect for the former Provost Petrie due to a sudden, unexpected family bereavement.

The meeting was rescheduled for Wednesday 11^th June 2014 at 9:30am.

Councillor Gordon Blair declared a non-financial interest in relation to item 6(a) (Third Sector Grants – Evaluation Report) as a Member of the Cowal Fiddle Workshop. 

Councillor Robert Macintyre declared a non-financial interest in relation to item 6(b) (Third Sector Grant Application - Bute Agricultural Show) as a Member of the Bute Agricultural Society.  He left the room and took no part in the discussion of this item.

Councillor Dick Walsh declared a non-financial interest in item 20(b) (Dunoon CHORD – Queen’s Hall Property Acquisition) as a Trustee of the Cowal Hospice Trust.

The Minute of the meeting of Bute and Cowal Area Committee of 1 April 2014 was approved as a correct record.

Members requested that the style of future Minutes be altered to reflect any debate which takes place in regards to agenda items, for the benefit of the external reader, who may not have attended the meeting.  The Area Governance Manager agreed to take the comments made by Members back to the Centre and discuss the best way to adjust Minutes to reflect Members wishes in line with the current reviews taking place.

The Minute of the meeting of Bute and Cowal Special Area Committee of the 9 April 2014 was approved as a correct record.

The Minute of the meeting of Forward Dunoon and Cowal Group of 14 April 2014 was noted.

The Minute of the meeting of Cowal Community Safety Forum of 28 April 2014 was noted.

The Minute of the meeting of Bute Community Safety Forum of 2 May 2014 was noted.

The Minute from the meeting of Rothesay Common Good Fund of 6 May 2014 was noted.

Verbal update by Alistair MacGregor, Chief Executive of ACHA

Having noted the submitted apologies by Alistair MacGregor due to the adjournment of the Area Committee meeting, Members agreed that the item be postponed until the next Area Committee meeting in August.

Report by IOD Programme Manager

Members considered a report outlining performance and  exceptions for financial quarter 4 of 2013-14. 

Discussion took place over many elements of the report, in particular Planning, Adult Care and Dog Fouling.  Officers from each Service addressed the concerns of Members, with Shirley MacLeod reminding Members that a workshop, enabling Members to identify the things they wished to see on future scorecards, was scheduled to take place at the Business Day meeting in September.  She explained that it had been scheduled at this time to incorporate the finalised Single Outcome Agreement and that Members would have a chance to liaise with Service Managers at this time to discuss both the Service and Corporate Plans. 

Decision:

Members agreed to note the report. 

(Ref:  Report by Executive Director of Customer Services, dated 3^rd June 2014, submitted).

Report by Community Development Officer

Members considered a report outlining how the funding from grants to the Third Sector was spent in 2013/2014.  Members noted that the information was provided from the end of year project monitoring reports which were completed by the organisations that received funding.  A total of £35,000 was awarded to 29 organisations.  Members were dissatisfied to note that 8 end of year project monitoring reports remained outstanding. 

Decision:

1. Members agreed to note the report;
2. Agreed that Organisations that do not submit an end of project monitoring report are not eligible for funding from this grant scheme in future years; and
3. Agreed that Lochgoilhead Fiddle Workshop be allowed to carry their award of £332 forward to 2014/15.

(Ref: Report by Executive Director of Community Services, dated 3^rd June 2014, submitted).

Having declared a non-financial interest in the following item, Councillor Robert Macintyre, left the room and took no part in the discussion.

Councillor Bruce Marshall took the Chair.

Report by Community Development Officer

Members considered a report detailing recommendations for the award of a Third Sector Grant for the Bute Agricultural Society.  It was noted that this item had been carried forward from the April Area Committee and at the Members request a profit and loss statement was produced for the 2013/14 year showing a loss. 

Discussion regarding the economics of running a show of this nature, with Members noting the relatively small grant request in comparison to the actual cost of running the annual show. 

Decision:

1. Members agreed to note the report; and
2. Agreed that the recommendation of £650 underwrite be awarded to the Bute Agricultural Show.

(Ref: Report by Executive Director of Community Services, dated 3^rd June 2014, submitted).

Councillor Robert Macintyre returned to the room for agenda Item 7 and took the Chair.

Report by Integrated Transport Manager

Members considered a report outlining the decision taken by the Education Service in consultation with parents, pupils and the local community to vary the opening hours of Dunoon Grammar School to 0845 each morning to 1545, Monday to Wednesday and an earlier closure of 1440 on Thursday and Friday.  David Mitchell addressed Members advising that the new hours would allow the school to further embrace the Scottish Governments rationale for Curriculum for Excellence.

Discussion was had surrounding the bus schedules arriving to collect pupils, particularly on a Thursday and Friday with both Douglas Blades and David Mitchell reassuring Members that other Services were being put in place and that extra-curricular activities would be available after 1440 on a Thursday and Friday should pupils wish to  participate . 

Decision:

Members agreed to note the report and recommendations contained therein.

(Ref: Report by Executive Director of Development and Infrastructure Services, dated 3^rd June 2014, submitted)

David Mitchell took the opportunity to thank Members for the continuing support throughout his first year as Head Teacher.

Report by Quality Improvement Officer

Members considered the annual update report on the 14 Primary Schools in the Bute and Cowal Area. The report included photos and news items from the 11 Cowal and 3 Bute schools.

Discussion ensued in regards to Eco Learning, where it was identified that pupils were already aware of issues such as dog fouling.  Further discussion surrounding the recruitment of various posts throughout the area and falling school roles was had, with Fiona Johnstone agreeing to collate the projected roles for the next year and send to Members by email. 

Decision:

Members agreed to note the contents of the report.

(Ref: Report by the Quality Improvement Officer, submitted).

Report by Area Manager (Operations)

Members considered a report providing an update on the findings of the 4^th quarterly evaluation of the Care at Home provision within the Bute and Cowal area. 

Discussion ensued regarding the difficulties found in rural areas of getting and maintaining care packages.  Recruitment was identified as being an issue in this regard, with Members enquiring as to the conditions of service by some providers. 

Dissatisfaction was expressed in regards to the Care Inspection grades, particularly the grade 3 rating of adequate by one provider.  Councillor Breslin requested that it may be useful to look back over previous periods to see if there is a trend.  He requested that he would like to see a report brought to the next Area Committee to include the total number of hours against the total number of individuals and total number of spot checks carried out, identifying the number of staff involved in these checks.

 Further discussion followed in relation to other areas within Argyll and Bute which have carers providing an adequate standard of care at a grade 3.

Decision:

Members agreed to note the detail in the report.

Members requested that officers progress their work to investigate further the performance of Mears and to report to a specially convened Area Committee with assurances that the future care provided by Mears will satisfy good standards of quality of management and leadership, quality of staffing and the provision of good standards with improvement to the quality of care and support. 

(Ref: Report by Executive Director of Customer Services, dated 3^rd June 2014, submitted).

Report by Amenity Services Performance Manager

Members considered a report outlining the budget savings and revised service specification by Amenity Services for 2014/15 and the progress to date.

Discussion in relation to verges receiving the first cut of the season was had, with Jim Smith agreeing to forward the programme to all Members. 

Decision:

The Members noted the contents of the report.

(Ref: Report by Executive Director of Customer Services, dated 3^rd June 2014, submitted).

• Development of the square, timescales and costs

Report by Traffic and Development Manager

Members considered a report providing additional information in regard to the parking arrangements in Guildford Square, Rothesay associated with the new store development.

Decision:

Members agreed to note the report. 

(Ref: Report by Executive Director of Development and Infrastructure Services dated 3^rd June 2014, submitted)

Report by Head of Roads and Amenity Services

Members considered a report which provided an update in regard to the lighting at Sandbank Play Park. 

Discussion ensued in relation to the possible funding applied for by Sandbank Trust.  

Decision:

1. Members agreed to note the contents of the report; and
2. The Committee asked that Ward 6 Members discuss the potential for a change to be made in the capital spend for the Cowal Ward to be used towards lighting the Sandbank Play Park and asked that a report on this be brought back to the Area Committee meeting in October to include the updated comments from Police Scotland and the outcome of the application which has been made for funding.

(Ref: Report by Executive Director of Development and Infrastructure Services dated 3 June 2014, submitted).

Report by Head of Roads and Amenity Services

Members considered a report which highlighted that the Castle Lodge gatehouse is in a state of disrepair and in need of works to initially make it safe and then bring back into use.

Members recognised that the building, which lies within the Development and Infrastructure inventory of assets, is classed as grade B listed building, and as such recognised that associated costs in regards to any of the 8 options provided within the report could be excessive. 

Decision:

1.                  The Members noted the contents of this report, and

2.                  Agreed that a further report be brought back to the Area Committee meeting in August, exploring options 1, 2 and 8, and providing a breakdown of costs for each option.  In regards to the information provided for option 8, it was agreed that advertising for tenders be carried out. 

(Ref: Report by Executive Director of Development and Infrastructure Services, dated 3^rd June 2014, submitted).

Report by Area Governance Manager

Members considered a report outlining the outcome of the short satisfaction surveys that the 36 Elected Members of Argyll and Bute are asked to complete on an annual basis.  The survey is intended to measure the effectiveness of the support offered to them by the Governance and Law Service and to thereafter identify any improvements which can be made and delivered.  The paper advised of the results of the 2014 survey. 

Decision:

1. Members agreed to note the survey information provided; and
2. Acknowledged the reduced response rate in the annual return. 

(Ref:  Report by Executive Director of Customer Services, dated 3^rd June 2014, submitted.).

The Committee resolved in terms of Section 50A(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 the appropriate paragraphs of Part 1 of Schedule 7A to the Local Governments (Scotland) Act 1973.

Report by Head of Adult Care

Members considered a report updating on the issue of the provision of residential care for older people on the island of Bute. 

Decision:

1. Members agreed to note the report; and
2. Agreed to all recommendations outlined in the report subject to bullet point 4 in section 4.5 being re-worded to read “Investigate a joint venture with interested parties between the Council and the independent sector to ensure that high dependency care home provision is provided on Bute”.

 (Ref:  Report by Executive Director of Community Services, dated June 2014, submitted).

Report by Building Standards Manager

Members considered a report providing a summary of progress to May 2014 of the works being carried out at the Royal Hotel, Rothesay.

Decision:

Members agreed to note the report.

(Ref: Report by Executive Director of Development and Infrastructure Services, dated 13 May 2014, submitted).

Report by Amenity Services Performance Manager

Members considered a report providing further details in regards to the options for operating the five-a-side all weather pitches at Dunoon Stadium.  The report provided a business case and further information to allow the Members to make a decision on the future of the facility.

Decision:

1. Members agreed to note the report; and
2. Agreed that Option 3 was their preferred option from the business case. 

(Ref: Report by Executive Director of Development and Infrastructure Services dated 3^rd June 2014, submitted).

Report by Legal Services Manager

Members considered a report advising of the informal consultation on the proposed new byelaws for Rothesay Harbour.  Councillor MacIntyre read out a letter from George MacKenzie, which Mr Kelly agreed could be considered as part of the consultation process.  Councillor MacIntyre gave the letter to Mr Kelly who advised that he would write to Mr MacKenzie addressing the points raised. 

Motion:

Agree recommendation 2.1 of report and note the progress on revising the outdated bye laws for revision is closely related to the long standing issue between the owner of the vessel Seahorse 2 and Rothesay Harbour management. 

This motion expresses concern at the lack of progress in settling the claim against the Council and requests that an urgent report is prepared by officers for an emergency meeting of the Harbour Authority, date to be agreed.  This report will propose options to settle the claim, one of which will be agreed by the Harbour Authority with, if necessary, that agreed option being put to a full Council meeting for final approval. 

Moved by Councillor Breslin, seconded by Councillor Strong. 

Amendment:

To agree to recommendation 2.1 in the report. 

Moved by Councillor Walsh, seconded by Councillor Scoullar.

Decision:

On a show of hands vote the Amendment was carried by 5 votes to 4 and the Area Committee resolved accordingly.

(Ref:  Report by Legal Services Manager – Commercial, dated 3^rd June 2014, submitted).

Report by Project Manager

Members considered a report outlining the proposed design for the Rothesay Pavilion (RIBA Stage 3 D/3 Development Design), to repair, refurbish and upgrade the Category A listed building.  Members noted that once this process has been completed Planning and Listed Building Consent applications can be made.

Decision:

Members agreed the recommendation contained within the report.

(Ref: Report by Executive Director of Development and Infrastructure Services, dated June 2014, submitted).

Report by Regeneration Project Manager

Members considered a report seeking approval of the proposed design for the Queens Hall to refurbish the building making the most of its waterfront location and improving the town centre.

Decision:

Members agreed the recommendations contained within the submitted report.

(Ref: Report by Executive Director of Development and Infrastructure Services, dated 3^rd June 2014, submitted).

Councillors MacIntyre and Strong left the meeting at 3.20pm.

Report by Regeneration Project Manager

Members considered a report outlining the current status of the property acquisition process and associated costs involved in the purchase of the affected properties. 

Motion:

That the Area Committee   ask  the Council   for additional funds   to bring the contingency funding for this project  to a suitable level as agreed by the Project team. 

Moved by Councillor Breslin, seconded by Councillor Blair. 

Amendment:

To agree the recommendations outlined at section 2.0 of the submitted report.

Moved by Councillor Walsh, seconded by Councillor Marshall.

Decision:

On a show of hands vote the Amendment was carried by 5 votes to 2 and the Area Committee resolved accordingly. 

(Ref: Report Executive Director of Development and Infrastructure Services, dated 3^rd June 2014, submitted).

Report by Regeneration Project Manager

Members considered a report providing an update on the proposals being explored to return Dunoon Pier to public and economic use by the redevelopment of the existing Victorian Buildings.

Decision:

Member agreed to the recommendations contained within the submitted report.

(Ref: Report by Executive Director of Development and Infrastructure Services, dated  3^rd June 2014, submitted).

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

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.

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

Paragraph 12  Any instructions to counsel and any opinion of counsel (whether or not in connection with any proceedings) and any advice received, information obtained or action to be taken in connection with-

(a)               any legal proceedings by or against the authority, or

(b)               the determination of any matter affecting the authority, (whether, in either case, proceedings have been commenced or are in contemplation).

Paragraph 13  Information which, if disclosed to the public, would reveal that the authority proposes-

(a)               to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b)               to make an order or direction under any enactment.

E3       Paragraph 6  Information relating to the financial or business affairs of any particular person (other than the authority).

E4       Paragraph 13  Information which, if disclosed to the public, would reveal that the authority proposes-

(a)               to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b)               to make an order or direction under any enactment.

E5       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.

E6       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.

Paragraph 13  Information which, if disclosed to the public, would reveal that the authority proposes-

(a)               to give under any enactment a notice under or by virtue of which requirements are imposed on a person; or

(b)               to make an order or direction under any enactment.