Agenda and minutes

Argyll and Bute Council - Thursday, 24 September 2020 9:30 am

Venue: BY SKYPE

Contact: Sandra Campbell Tel: 01546 604401 

Items
Note No. Item

1.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were intimated from Councillors Anderson, E Morton and Scoullar.

 

DEPUTATION

 

The Depute Provost intimated that a request for a deputation by Black Lives Matter - Oban to be heard by the Council had been received and it was unanimously agreed to hear the deputation to be heard prior to the Notice of Motion at item 14 of the Agenda.

2.

DECLARATIONS OF INTEREST

Minutes:

There were no declarations of interest intimated.

3.

MINUTES pdf icon PDF 188 KB

Minutes of Special Argyll and Bute Council Meeting held on 30 June 2020

Minutes:

The Minutes of Special Argyll and Bute Council held on 30 June 2020 was approved as a correct record.

4.

MINUTES OF COMMITTEES

*

4a

Community Services Committee held on 27 August 2020 pdf icon PDF 220 KB

Minutes:

The Minute of the Community Services Committee held on 27 August 2020 were noted.

 

Arising from Item 7 (Scottish Social Services Council (SSSC) Registration Policy, the Council approved the SSSC Registration Policy.

4b

Environment, Development and Infrastructure Committee held on 10 September 2020 pdf icon PDF 194 KB

Minutes:

The Minute of the Environment, Development and Infrastructure Committee held on 10 September 2020 were noted.

5.

LEADER'S REPORT pdf icon PDF 263 KB

Report by Leader of the Council

Minutes:

A report providing an update on the activities of the Leader of the Council from 16 June to 7 September 2020, together with an update on the A83 from the Policy Lead for Commercial and Strategic Priorities as considered.

 

Decision

 

The Council:-

 

1.     Considered and noted the report and any further verbal updates from the Leader, and

 

2.     Noted that the full Leader’s Report Pack was available in the Leader’s Office. This included COSLA and other papers and briefings as referenced in the report.

 

(Ref: Report by Leader of the Council dated 15 September 2020, submitted)

6.

POLICY LEADS REPORT pdf icon PDF 758 KB

Report by Policy Leads

Minutes:

A report providing an update on key areas of activity of Policy Lead Councillors, including updates, during the period from 28 November 2019 to date was considered.

 

Decision

 

The Council considered and noted the report and any further updates from Policy Leads.

 

(Ref: Report by Policy Leads dated 15 September 2020, submitted)

7.

APPOINTMENT OF LEADER OF THE COUNCIL pdf icon PDF 199 KB

Report by Executive Director with responsibility for Legal and Regulatory Support

Minutes:

The Council considered a report which advised of the resignation of the Leader of the Council.

 

Decision

 

The Council elected Councillor Robin Currie to be the Leader of the Council.

 

(Ref: Report by Executive Director with responsibility for Legal and Regulatory Support dated 8 September 2020, submitted)

8.

COUNCIL CONSTITUTION pdf icon PDF 194 KB

Report by Executive Director with responsibility for Legal and Regulatory Support

Additional documents:

Minutes:

The Council considered a report which proposed changes and various minor amendments to the Council Constitution.

 

Decision

 

The Council agreed to the adjustments to the Constitution as outlined in Appendix 1 to the submitted report.

 

(Ref: Report by Executive Director with responsibility for Legal and Regulatory Support dated 3 September 2020, submitted)

9.

POLITICAL MANAGEMENT ARRANGEMENTS pdf icon PDF 338 KB

Report by Executive Director with responsibility for Legal and Regulatory Support

Minutes:

The Council considered a report which updated the Council on political management arrangements arising from a number of resignations.

 

Motion

 

Appoint Councillor Yvonne McNeilly as Vice Chair to the Bute and Cowal Area Committee;

 

Appoint Councillor Graham Hardie to;

NHS Highland Board (Non-executive Director) and;

NHS Highland, Health and Wellbeing Partnership (Board Member);

 

Appoint a Director to the board of the Nadair Trust at the next Council meeting when further appointments will be considered.

 

Note the political composition of the Council, as at the date of this report, set out at appendix 1.

Moved by Councillor Robin Currie, seconded by Councillor Gary Mulvaney.

Amendment 1

Accept the terms of the Motion but to nominate Councillor Jim Findlay as Vice Chair to the Bute and Cowal Area Committee;

 

Appoint Councillor Jim Findlay to;

NHS Highland Board (Non-executive Director) and;

NHS Highland, Health and Wellbeing Partnership (Board Member);

 

 

Moved by Councillor Sandy Taylor, seconded by Councillor Gordon Blair

Amendment 2

Accept the terms of the Motion but to nominate Councillor Dougie Philand to;

NHS Highland Board (Non-executive Director) and;

NHS Highland, Health and Wellbeing Partnership (Board Member);

 

Moved by Councillor Donald Kelly, seconded by Councillor George Freeman.

The Members voted by calling the roll and voted as follows:-

Motion

Amendment 1

Amendment 2

 

Councillor Colville

Councillor Armour

Councillor Freeman

Councillor Currie

Councillor Blair

Councillor Kelly

Councillor Devon

Councillor Douglas

Councillor Philand

Councillor Good

Councillor Findlay

 

Councillor Green

Councillor Forrest

 

Councillor Hardie

Councillor Horn

 

Councillor Kinniburgh

Councillor Lynch

 

Councillor MacMillan

Councillor McKenzie

 

Councillor McCuish

Councillor Moffat

 

Councillor McGrigor

Councillor Paterson

 

Councillor McNeilly

Councillor Taylor

 

Councillor Morgan

Councillor Trail

 

Councillor A Morton

 

 

Councillor Mulvaney

 

 

Councillor Redman

 

 

Councillor Reid

 

 

Councillor Robertson

 

 

Councillor Vennard

 

 

 

Decision

 

With the Motion receiving 18 votes, Amendment 1, 12 votes and Amendment 2, 3 votes, the Council resolved as follows.

 

The Council:-

 

1.     Appointed Councillor Yvonne McNeilly to the Vice Chair of the Bute and Cowal Area Committee.

 

2.     Appoint a Director to the board of the Nadair Trust at the next Council meeting when further appointments will be considered.

 

3.     Appointed Councillor Graham Hardie to the NHS Highland Board.

 

4.     Appointed Councillor Graham Hardie to the NHS Highland, Health and Wellbeing Partnership Board.

 

5.     Noted the political composition of the Council as at 24 September 2020.

 

(Ref: Report by Executive Director with responsibility for Legal and Regulatory Support dated 27 August 2020, submitted)

10.

BOUNDARY COMMISSION - REVIEW OF ELECTORAL ARRANGEMENTS pdf icon PDF 353 KB

Report by Executive Director with responsibility for Legal and Regulatory Support

Additional documents:

Minutes:

The Council considered a report which advised of the Boundary Commission for Scotland’s proposals for Argyll and Bute area together with the Councils response to the initial consultation.

 

Motion

 

1.               Notes the proposed response to the Boundary Commission attached at appendix 1; and

 

2.               Agrees that this forms the basis of the Council’s response to the Boundary Commission by 30th September 2020 deadline.

 

Moved by Councillor Robin Currie, seconded by Councillor Gary Mulvaney.

 

Amendment

 

Notes the report but to take no action.

 

Moved by Councillor Richard Trail, seconded by Councillor George Freeman.

 

The Members voted by calling the roll and voted as follows:-

Motion

 

Amendment

Councillor Colville

Councillor Armour

Councillor Currie

Councillor Douglas

Councillor Devon

Councillor Findlay

Councillor Good

Councillor Forrest

Councillor Green

Councillor Freeman

Councillor Hardie

Councillor Horn

Councillor Kinniburgh

Councillor Kelly

Councillor MacMillan

Councillor Lynch

Councillor McCuish

Councillor McKenzie

Councillor McGrigor

Councillor Paterson

Councillor McNeilly

Councillor Philand

Councillor Moffat

Councillor Taylor

Councillor Morgan

Councillor Trail

Councillor A Morton

 

Councillor Mulvaney

 

Councillor Redman

 

Councillor Reid

 

Councillor Robertson

 

Councillor Vennard

 

 

Decision

 

With the Motion receiving 19 votes and the Amendment 13 votes, the Council resolved accordingly.

 

1.     Noted the proposed response to the Boundary Commission attached at appendix 1; and

 

2.     Agreed that this forms the basis of the Council’s response to the Boundary Commission by 30th September 2020 deadline.

 

(Ref: Report by Executive Director with responsibility for Legal and Regulatory Support dated 26 August 2020, submitted)

11.

CORONAVIRUS (COVID-19) - MEETINGS AND ASSOCIATED MATTERS pdf icon PDF 236 KB

Report by Executive Director with responsibility for Legal and Regulatory Support

Minutes:

The Council considered a report with regard to the continued role of the Business Continuity Committee (BCC), other meetings and associated matters.

 

Motion

 

The Council:-

 

1.     Agrees that meetings of the BCC are suspended meantime.

 

2.     Agrees that the Policy and Resources Committee resumes from the scheduled meeting on 15 October 2020.

 

3.     Agrees that all Committee meetings will continue on a virtual basis.

 

4.     Agrees that a further review of the operation of Committees will be undertaken and reported to Council in April 2021.

 

Moved by Councillor Robin Currie, seconded by Councillor Gary Mulvaney.

 

Amendment

 

Agree to the terms of the Motion with one change, Agrees that a further review of the operation of Committees will be undertaken and reported to Council in 3 months time.

 

Moved by Councillor George Freeman, seconded by Councillor Dougie Philand.

 

The Members voted by calling the roll and voted as follows:-

Motion

 

Amendment

Councillor Colville

Councillor Armour

Councillor Currie

Councillor Blair

Councillor Devon

Councillor Douglas

Councillor Good

Councillor Findlay

Councillor Green

Councillor Forrest

Councillor Hardie

Councillor Freeman

Councillor Kelly

Councillor Horn

Councillor Kinniburgh

Councillor Lynch

Councillor MacMillan

Councillor McKenzie

Councillor McCuish

Councillor Paterson

Councillor McGrigor

Councillor Philand

Councillor McNeilly

Councillor Taylor

Councillor Moffat

 

Councillor Morgan

 

Councillor A Morton

 

Councillor Mulvaney

 

Councillor Redman

 

Councillor Reid

 

Councillor Robertson

 

Councillor Trail

 

Councillor Vennard

 

 

Decision

 

With the Motion receiving 21 votes and the Amendment 12 votes, and the Council resolved accordingly.

 

The Council:-

 

1.     Agreed that meetings of the BCC are suspended meantime.

 

2.     Agreed that the Policy and Resources Committee resumes from the scheduled meeting on 15 October 2020.

 

3.     Agreed that all Committee meetings will continue on a virtual basis.

 

4.     Agreed that a further review of the operation of Committees will be undertaken and reported to Council in April 2021.

 

(Ref: Report by Executive Director with responsibility for Legal and Regulatory Support dated 10 September 2020, submitted)

12.

LUSS CAR PARK - TEMPORARY PORTALOO FACILITIES pdf icon PDF 156 KB

Recommendation by the Helensburgh and Lomond Area Committee of 17 September 2020 and report to that Committee

Additional documents:

Minutes:

The Council considered a recommendation from the Helensburgh and Lomond Area Committee with regard to lost income due to the temporary siting of portaloo facilities at Luss Car Park.

 

Decision

 

The Council agreed to waive the charges for the parking bays until the temporary toilet facilities are removed but not beyond 31 October 2020.

 

(Ref: Recommendation by the Helensburgh and Lomond Area Committee and report to that Committee dated 24 September 2020, submitted)

13.

BUDGET 2020-21 UPDATE pdf icon PDF 185 KB

Report by Section 95 Officer

Minutes:

The Council noted a report which provided a further update to the report previously presented to the BCC on 13 August 2020 in respect of the current in-year 2020-21 budget position.

 

Decision

 

The Council noted the update to the current financial position in 2020-21.

 

(Ref: Report by Section 95 Officer dated 9 September 2020, submitted)

The Council heard a deputation on behalf of Black Lives Matter – Oban who spoke in connection with the proposal relating to the Notice of Motion which is dealt with at Item 14 of these Minutes.

14.

NOTICE OF MOTION UNDER STANDING ORDER 13

Moved by Councillor Green, seconded by Councillor McKenzie.

 

In recent years there has been a worrying reported rise in racism, xenophobia and hate crimes across the United Kingdom. Taking many forms, the impact this is having on people in their day-to-day lives and the inequalities faced have been highlighted by groups such as Black Lives Matter.

 

Argyll and Bute Council is proud that communities in our area are tolerant and inclusive to people from all racial, ethnic and religious backgrounds, but also recognises that continuing work is still necessary to ensure that everyone feels welcomed and safe here.

 

As Councillors we individually:

 

      Condemn racism, xenophobia, hate crime, and all other forms of intolerance;

       Express our support to victims of these crimes, and;

 

       Urge members of the public to report incidents and barriers in reporting.

 

Furthermore we agree that Argyll and Bute Council will continue to:

 

       Promote initiatives to tackle hate crime and prejudice in our schools, online and within our communities;

 

       Commit to working with all our partners, including the Scottish Government and Police Scotland, to ensure that divisive and discriminatory behaviour is not allowed to continue in our area, and;

 

       Be supportive of groups and individuals that are seeking to address these issues through respectful and constructive dialogue.

Minutes:

The following Notice of Motion was proposed by Councillor Green, seconded by Councillor McKenzie.

 

Motion

 

In recent years there has been a worrying reported rise in racism, xenophobia and hate crimes across the United Kingdom. Taking many forms, the impact this is having on people in their day-to-day lives and the inequalities faced have been highlighted by groups such as Black Lives Matter.

 

Argyll and Bute Council is proud that communities in our area are tolerant and inclusive to people from all racial, ethnic and religious backgrounds, but also recognises that continuing work is still necessary to ensure that everyone feels welcomed and safe here.

 

As Councillors we individually:

 

      Condemn racism, xenophobia, hate crime, and all other forms of intolerance;

       Express our support to victims of these crimes, and;

 

       Urge members of the public to report incidents and barriers in reporting.

 

Furthermore we agree that Argyll and Bute Council will continue to:

       Promote initiatives to tackle hate crime and prejudice in our schools, online and within our communities;

 

       Commit to working with all our partners, including the Scottish Government and Police Scotland, to ensure that divisive and discriminatory behaviour is not allowed to continue in our area, and;

 

       Be supportive of groups and individuals that are seeking to address these issues through respectful and constructive dialogue.

 

Amendment 1

 

Argyll & Bute council agrees:

1.   That with a global pandemic affecting every community and every aspect of our lives, we recognise that the top priority of council, government and politicians must be protecting our communities. In these difficult times, that is what those we serve, our constituents expect us to do. We should do just that. 

 

2.   To re-affirm that Argyll & Bute is a welcoming, tolerant, inclusive and safe place to live and work, and moreover that we wish to attract more families to visit and stay here.  We accept that, of course, there is always more to be done to promote inclusion, opportunities for all, fairness and respect and we pledge to continue to work with our schools, communities, community planning partners and the Scottish Government to that end.  

 

Moved by Councillor Gary Mulvaney, seconded by Councillor Barbara Morgan.

 

Amendment 2

      Our communities are enriched with a diverse mix of people with a variety of experiences and from different cultures and backgrounds. This rich diversity enhances our lives. Today more than 40 years after the 1976 Race Relations Act and 10 years from the 2010 Equalities Act, there are still incidents of hate crimes motivated by prejudice in our society.  This has been most recently highlighted by the Black Lives Matter, global campaign.

As individual Councillors, we will always strive to promote community inclusion and cohesion, and support local initiatives and people addressing issues of inequality and prejudice. 

Argyll and Bute Council will continue to work in promoting communities of respect that embrace diversity and challenge prejudice and inequality wherever it’s encountered, in all aspects of its operational work.

In passing this motion, we will strengthen our resolve and commitment to make Argyll and Bute an inclusive place where people want to live.

 

Moved by Councillor Lorna Douglas, seconded by Councillor Sandy Taylor.

 

The Members voted by calling the roll and voted as follows:-

 

Motion

 

Amendment 1

Amendment 2

Councillor Colville

Councillor Good

Councillor Armour

Councillor Currie

Councillor Kelly

Councillor Blair

Councillor Devon

Councillor Kinniburgh

Councillor Douglas

Councillor Green

Councillor McNeilly

Councillor Findlay

Councillor Hardie

Councillor Morgan

Councillor Forrest

Councillor MacMillan

Councillor Mulvaney

Councillor Freeman

Councillor McCuish

Councillor Redman

Councillor Horn

Councillor McGrigor

 

Councillor Lynch

Councillor McKenzie

 

Councillor Moffat

Councillor A Morton

 

Councillor Paterson

Councillor Reid

 

Councillor Philand

Councillor Robertson

 

Councillor Taylor

Councillor Vennard

 

Councillor Trail

 

The Motion received 13 votes, Amendment 1, 7 votes and Amendment 2, 13 votes. With

there being an equality of votes for the Motion and Amendment 2, Amendment 1 fell and

a second vote was taken for the Motion and Amendment 2.

 

Motion

 

Amendment 2

No Vote

Councillor Colville

Councillor Armour

Councillor Kelly

Councillor Currie

Councillor Blair

Councillor Kinniburgh

Councillor Devon

Councillor Douglas

Councillor Morgan

Councillor Green

Councillor Findlay

Councillor Mulvaney

Councillor Hardie

Councillor Forrest

Councillor Redman

Councillor MacMillan

Councillor Freeman

 

Councillor McCuish

Councillor Good

 

Councillor McGrigor

Councillor Horn

 

Councillor McKenzie

Councillor Lynch

 

Councillor A Morton

Councillor McNeilly

 

Councillor Reid

Councillor Moffat

 

Councillor Robertson

Councillor Paterson

 

Councillor Vennard

Councillor Philand

 

 

Councillor Taylor

 

 

Councillor Trail

 

 

Decision

 

With the Motion receiving 13 votes and Amendment 2 receiving 15 votes, the Council

resolved accordingly.

 

Our communities are enriched with a diverse mix of people with a variety of experiences and from different cultures and backgrounds. This rich diversity enhances our lives. Today more than 40 years after the 1976 Race Relations Act and 10 years from the 2010 Equalities Act, there are still incidents of hate crimes motivated by prejudice in our society.  This has been most recently highlighted by the Black Lives Matter, global campaign.

As individual Councillors, we will always strive to promote community inclusion and cohesion, and support local initiatives and people addressing issues of inequality and prejudice. 

Argyll and Bute Council will continue to work in promoting communities of respect that embrace diversity and challenge prejudice and inequality wherever it’s encountered, in all aspects of its operational work 

In passing this motion, we will strengthen our resolve and commitment to make Argyll and Bute an inclusive place where people want to live.

 

The Council resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the press and 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&9 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

 

15.

NPDO & HUB DBFM SCHOOLS ANNUAL REPORT - APRIL 2020

Report by Executive Director with responsibility for Legal and Regulatory Support

Minutes:

The Council considered a report which summarised provided progress in relation to the Council’s NPDO & HUB DBFM projects to the end of March 2020 together with an update on the current financial position of both Projects.

 

Decision

 

The Council:-

 

1.     Noted the contents of the report.

 

2.     Agreed to take forward the NPDO Change in Law variation with a view to achieving one off sums for the Council. It should be noted that there will be a requirement for the Council to ring fence a portion of the sums achieved to provide for future NPDO/Hub contract management requirements.

 

(Ref: Report by Executive Director with responsibility for Legal and Regulatory Support dated August 2020, submitted)

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

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