Agenda and minutes

A very informative presentation was given by the Argyll and the Isles Tourism Co-operative by Calum Ross, Vice Chairperson and Carron Tobin, Development Manager of AITC.

Apologies for absence were intimated by Councillors Devon, D MacIntyre, McCuish, Horn, RE Macintyre and Freeman. Apologies also from Alison Palmer and William Crossan, teacher and religious representatives, who had been invited to attend the meeting.

Councillors A Morton, I Strong and R Colville each declared a non-financial interest in item 10 (Argyll College UHI Governance) of the agenda due to the fact that they were Members  on the Board.

The Minutes of the Meeting of Argyll and Bute Council of 24 September 2015 were approved as a correct record.

The Minutes of the Meeting of Argyll and Bute Council of 22 October 2015 were approved as a correct record.

The Minutes of the Special Policy and Resources Committee of 8 October 2015 were noted.

The starred item on the above Minute is exempt and therefore will be dealt with at the end of this agenda under item 20 (Argyll and Bute Employability Team – Options for Financial Sustainability)

The Minutes of the Policy and Resources Committee of 29 October 2015 were noted. Arising under item 20 (Argyll and Bute Employability Team – Options for Financial Sustainability) it was noted that this item will be discussed at item 20 of this Minute.

The Minutes of the Environment, Development and Infrastructure Committee of 12 November 2015 were noted.

Report by Leader of the Council

The Council considered a report by the Leader of the Council which outlined the key activities undertaken within his role between 12 September 2015 to 20 November 2015. The report also provided Policy Lead updates in relation to Finance, IT, HR and Governance and Law.

 

Decision

 

The Council noted the contents of the submitted report and further noted that the full Leader’s Report Pack is available in the Leader’s office which includes COSLA papers and briefings as referenced in the report. Any COSLA items heard in public session can be provided to members electronically; the papers for items taken in private session can be reviewed in the Leader’s office.

 

(Ref: Report by Leader of the Council dated November 2015, submitted)

The Council considered a Policy Lead report covering PPSL, Planning Services, Historic and Sustainable Environment for the period from 17 April 2015 to 20 November 2015.

 

Decision

 

The Council noted the contents of the submitted report.

 

(Ref: Report by Policy Lead on PPSL, Planning Services, Historic and Sustainable Environment dated November 2015, submitted)

The Council considered a Policy Lead report covering Island Affairs from April to October 2015.

 

Decision

 

The Council noted the contents of the submitted report.

 

(Ref: Report by Policy Lead on Island Affairs dated November 2015, submitted)

The Council considered a Policy Lead report covering Roads, Infrastructure, Amenity Services and Special Projects from 1 May 2015 to 20 October 2015.

 

Decision

 

The Council noted the contents of the submitted report.

 

(Ref: Report by Policy Lead for Roads, Infrastructure, Amenity Services and Special Projects dated November 2015, submitted)

Report by Executive Director of Customer Services

The Council considered a report inviting approval of a draft Programme of Meetings for the year 2016/2017.

 

Decision

 

The Council approved the Programme of Meetings for 2016/2017.

 

(Ref: Report by Executive Director of Customer Services dated 18 November 2015, submitted)

Report by Executive Director of Customer Services

The Council considered a report which provided an update on the Political Management Arrangements following the formation of a new political group with effect from 24 September 2015 comprising Councillors Breslin, Dance and Marshall. The report also provided an update on the composition of the Administration.

 

Decision

 

The Council noted the terms of the submitted report.

 

(Ref: Report by Executive Director of Customer dated 16 November 2015, submitted)

Report by Executive Director of Customer Services

The Council considered a report which advised of a proposal by Andrew Campbell, Chair of Argyll College to discontinue the Council Elected Member representation on their Board.

 

Decision

 

The Council noted the request from Argyll College which would remove the two elected members from its Board to bring it in line with most other regional colleges in Scotland.

 

The Council agreed to the request by the Chair of Argyll College and noted that there will be ongoing engagement with Argyll College through officer participation with the College’s Learning, Teaching and Engagement Committee.

 

(Ref: Report by Executive Director of Customer Services dated 16 November 2015, submitted)

Report by Executive Director of Customer Services

The Council considered a report which proposed a Full Business Case to progress with oil/electric to biomass heating conversions at 10 sites and made recommendations for the way forward.

 

Decision

 

The Council:-

 

1.    Noted that the full Business Case estimates that prudential borrowing capital funding of circa £2,015,905 is required for the 10no. biomass projects at Ardrishaig PS, Inveraray PS, Kilcreggan PS, Park PS, Rosneath PS, Tarbert HS/PS, Tiree HS/PS, Tobermory HS/PS, Lochgilphead Joint Campus (NPDO) and Glencruitten Hostel to process to the implementation/deliver stage.

 

2.    Noted that the 5 no. biomass projects at Arrochar PS, Dunbeg PS, Port Charlotte PS, Port Ellen PS and Tighnabruaich PS were deemed unaffordable during the tender assessment process and an alternative low carbon heat solution may be more beneficial at Aqualibrium resulting in 6 no. projects not being included in the list of properties to be considered for progression to the implementation/delivery stage.

 

3.    Note that the Full Business Case estimates aggregated simple payback period of 12 years for the 10no. projects and the payback reduces to 11.4 years if the internal project management fees are excluded. After this period, the net annual revenue savings will provide an income stream to the Council.

 

4.    Noted the position regarding the anticipated degression in Renewable Head Incentive tariff and the need to have projects delivered by the end of March 2016 to secure a known tariff rate for a 20 year period.

 

5.    Agreed that based on the impact, affordability, deliverability and risk for the 9no. projects at Ardrishaig PS, Inveraray PS, Kilcreggan PS, Park PS, Rosneath PS, Tarbert HS/PS, Tiree HS/PS, Tobermory HS/PS and Glencruitten Hostel these projects should progress to the tender acceptance/implementation stage.

 

6.    Agreed that based on the impact, affordability, deliverability and risk for the project at Lochgilphead Joint Campus that delegated authority be afforded to the Executive Director of Customer Services to accept that element of the tender only once an NPDO contract variation has been agreed.

 

7.    Agreed to explore all possible business case options so that the Council can produce their own supply of fuel for Biomass within Argyll and Bute with an early report back setting out a proposed timetable for taking this matter forward.

 

(Ref: Report by Executive Director of Customer Services dated 7 October 2015, submitted)

Recommendation by the Oban, Lorn & the Isles Area Committee of 20 October 2015

The Council considered the recommendation of the Oban, Lorn and the Isles Area Committee which advised of the proposal to go out to consultation on the rezoning request and change of catchment area for the Island of Kerrera.

 

Decision

 

Request that Officers carry out a full consultation on the proposed change of the catchment area of Park Primary School, as defined in the Schools (Consultation) (Scotland) Act 2010.

 

Noted that on completion on the consultation period a report will be presented to the Council detailing the results of the consultation for consideration.

 

(Ref: Recommendation by the Oban, Lorn and the Isles Area Committee dated November 2015, submitted)

Report by Executive Director – Community Services

The Council considered a report which provided an update of the progress of the operational review of Additional Support Needs (ASN) provision of Education Services.

 

Motion

 

The Council:-

 

1.    Noted the ongoing operational review of ASN provision by the Education Service, Community Services.

 

2.    Noted the progress reached by the operational review group and the impact of that work in relation to achieving an equitable distribution of support and delivering on service efficiencies.

 

3.    Agreed to link these operational efficiencies to the Service Choices programme from the start of academic year 2016-17 as outlined in Section 5.5.3 resulting in a part year saving of £175,000 (full year equivalent of £280,000).

 

4.    Noted that further updates on the progress of the ASN Review Group will be reported to the Community Services Committee.

 

5.    Agreed the option of reducing ASN assistant support by 45% should be removed from the current service choices consultation programme.

 

6.    Notes that the decision would reduce the savings options in terms of service choices by £1.090m full year costs.

 

7.    Agreed that Community Services be instructed to identify alternative savings options to offset this reduction, for further consideration as part of the ongoing budget process.

 

8.    Noted any remaining gap or shortfall will be dealt with as part of the budget process.

 

Moved by Councillor Colville, seconded by Councillor MacMillan.

 

Amendment 1

 

The review of ASN provision being undertaken is welcome but it is also incomplete. This amendment proposes the following actions:

 

1              The 45% cut proposed in Service Choices should be removed immediately.

2              No action on any budget cuts for ASN work should be considered until the review is complete and is part of the overall budget proposals in February.

3              The review being undertaken should be accelerated and completed by end January 2016, ie prior to the February budget setting meeting.

4              The review needs to include numbers, ages, suggested reasons and proposed actions relating to the increase in hearing impairments referred to at 5.7.5 in the paper.

 

Moved by Councillor Breslin, seconded by Councillor Dance.

 

Amendment 2

 

A)    Notes the ongoing operational review of ASN provision by the Education Service, Community Services;

B)   Notes the progress reached by the operational review group and the impact of that work in relation to achieving an equitable distribution of support and delivering on service efficiencies;

C)   Agrees that a proposal to reduce the ASN budget by £280,000 be included as an option in Service Choices;

D)   Notes that further updates on the progress of the ASN Review Group will be reported to the Community Services Committee;

E)   Agrees the option of reducing ASN assistant support by 45% should be removed from the current service choices consultation programme;

F)    Notes that the decision would reduce the savings options in terms of service choices by £1.090m full year costs;

G)   Agrees that Community Services be instructed to identify alternative savings options to offset this reduction, for further consideration as part of the ongoing budget process;

H)   Notes any remaining gap or shortfall will be dealt with as part of the budget process;

Agrees that a supplementary consultation on option C) above be made available to the public including those who have previously responded to the original consultation.

 

Moved by Councillor Robb, seconded by Councillor Taylor.

 

The Provost adjourned the meeting at 1.25pm and re-convened at 2.00pm.

 

The requisite number of Members required the vote to be taken by calling the roll, and Members voted as follows:-

 

Motion	Amendment 1	Amendment 2
Councillor Colville	Councillor Breslin	Councillor Armour
Councillor Corry	Councillor Dance	Councillor Blair
Councillor Currie	Councillor MacDonald	Councillor Kelly
Councillor Kinniburgh	Councillor MacLean	Councillor Philand
Councillor McAlpine	Councillor Marshall	Councillor Robb
Councillor MacDougall		Councillor Strong
Councillor N MacIntyre		Councillor Taylor
Councillor RG MacIntyre		Councillor Trail
Councillor MacMillan
Councillor McNaughton
Councillor McQueen
Councillor A Morton
Councillor E Morton
Councillor Mulvaney
Councillor Robertson
Councillor Scoullar
Councillor Walsh

 

Decision

 

With the Motion receiving 17 votes, Amendment 1 5 votes and Amendment 2 8 votes, the Motion became the finding of the meeting.

 

Councillors MacDonald and MacLean left the meeting at this point.

 

(Ref: Report by Executive Director of Community Services dated 30 October 2015, submitted)

Report by Executive Director – Community Services

The Council considered a report which sought approval to the submission of a draft response to the Scottish Government with regard to the consultation on the National Improvement Framework for Scottish Education.

 

Decision

 

The Council:-

 

1.    Noted the publication of the draft national improvement framework for Scottish education by the Scottish Government.

 

2.    Noted the programme of engagement events arranged by the Scottish Government to consult on the draft framework.

 

3.    Noted the key issues highlighted in relation to the draft national improvement framework and the critical importance of this framework to the delivery of national and local priorities for education.

 

4.    Noted the involvement of Education Services staff in the improvement framework consultation activities.

 

5.    Agreed to the submission of the draft response outlined at Appendix A from Argyll and Bute Council to the Scottish Government.

 

(Ref: Report by Executive Director of Community Services dated 28 October 2015, submitted)

Report by Executive Director of Development and Infrastructure Services

The Council considered a report which sought agreement to the submission of a draft response by Argyll and Bute to the consultation on the Provisions for a Future Islands Bill.

 

Decision

 

That the Council provide feedback on the draft response to the consultation on Provisions for a Future Islands Bill as contained at Appendix 1 to the report.

 

Invites any member who wishes to add any further comments or alteration to do so by Monday 30 November to the Executive Director of Development and Infrastructure Services.

 

To delegate authority to the Executive Director of Development and Infrastructure Services in consultation with the Leader of the Council, the Leader of the main Opposition Group and the Provost who is Policy Lead for Island Affairs to agree the final wording of the Council’s response.

 

(Ref: Report by Executive Director of Development and Infrastructure Services dated 6 November 2015, submitted)

Moved by Councillor Breslin, seconded by Councillor Marshall

 

On 15 September 2015 we learned that the serious complaint lodged by Alan Stewart and others over the way the community buyout was handled is to be handled by officers internally as a stage 2 complaint. This is despite the complaints naming 3 senior officers and despite the complainants asking that it be handled externally. The complaints procedure states that it aims to be:

 

·                     User-focused: it puts the complainant at the heart of the process

·                     Accessible: it is clearly communicated, easily understood and available to all

·                     Simple and timely: it has as few steps as necessary within an agreed and

transparent timeframe

·                     Thorough, proportionate and consistent: it should provide quality  of clear

quality standards

·                     Objective, impartial and fair: it should be objective, evidence-based and driven by the facts and established circumstances, not assumptions, and this should be clearly demonstrated

 

To ensure that the complaint meets its own aims as stated above, especially putting the complainant at the heart of the process, we believe it must be handled on an external basis and the motion moves accordingly.

 

The following Notice of Motion was before the Council for consideration:-

 

Motion

 

On 15 September 2015 we learned that the serious complaint lodged by Alan Stewart and others over the way the community buyout was handled is to be handled by officers internally as a stage 2 complaint. This is despite the complaints naming 3 senior officers and despite the complainants asking that it be handled externally. The complaints procedure states that it aims to be:

 

User-focused: it puts the complainant at the heart of the process

Accessible: it is clearly communicated, easily understood and available to all

Simple and timely: it has as few steps as necessary within an agreed and transparent timeframe

Thorough, proportionate and consistent: it should provide quality  of clear quality standards

Objective, impartial and fair: it should be objective, evidence-based and driven by the facts and established circumstances, not assumptions, and this should be clearly demonstrated

 

To ensure that the complaint meets its own aims as stated above, especially putting the complainant at the heart of the process, we believe it must be handled on an external basis and the motion moves accordingly.

 

Moved by Councillor Breslin, seconded by Councillor Marshall.

 

Decision

 

The Motion was withdrawn by the proposer with the consent of the seconder and the Council.

 

 

Moved by Councillor A Morton, seconded by Councillor Trail.

 

Council notes that women are underrepresented across Councils in Scotland and make up only 25% of Councillors. This Council further acknowledges that whilst voluntary mechanisms such as all women shortlists have made some progress, women are still not represented fairly.

 

The Council congratulates the Women 5050 Campaign who have been working across all political parties and have gained support from the SNP, Scottish Labour, Scottish Liberal Democrats and Scottish Green Party leaders.

 

The Council welcomes and supports Women 5050’s call for legislated candidate quotas in the Scottish Parliament and Council elections and backs the campaigns call for fair representation of women in Scotland.

The following Notice of Motion was before the Council for consideration:-

 

Motion

 

Council notes that women are underrepresented across Councils in Scotland and make up only 25% of Councillors. This Council further acknowledges that whilst voluntary mechanisms such as all women shortlists have made some progress, women are still not represented fairly.

 

The Council congratulates the Women 5050 Campaign who have been working across all political parties and have gained support from the SNP, Scottish Labour, Scottish Liberal Democrats and Scottish Green Party leaders.

 

The Council welcomes and supports Women 5050’s call for legislated candidate quotas in the Scottish Parliament and Council elections and backs the campaigns call for fair representation of women in Scotland.

 

Moved by Councillor A Morton, seconded by Councillor Trail.

 

Amendment

 

That this Council:-

 

a)    Welcomes the efforts of the Women 5050 Campaign in raising awareness of the issue and

b)    Encourages women and men, of all ages, backgrounds, nationality, ethnicity and sexuality to engage in the political process at whatever level they wish to do so.

 

Moved by Councillor Mulvaney, seconded by Councillor Currie.

 

Decision

 

On a show of hands vote, the Amendment received 13 votes and the Motion received 11 votes and as such, the Amendment became the finding of the meeting.

The following Notice of Motion was before the Council for consideration:-

 

Motion

 

The device used by the administration in setting up a Service Choices Project Board, which did not need to operate within the council’s standing orders,  has meant that the choices now on offer are limited and the device has excluded 2/3 of the councillors from the detailed discussions and papers. The options also ignore other possibilities for savings and, in so doing, provide no context, impacts or consequences.

 

Meanwhile, the administration keeps other issues of financial significance away from the budget issues entirely, notably the last 2 items on the agenda of the last Policy & Resources Committee meeting. These items dealt with issues relating to the council’s Employability Team and the sale of Castle Toward. As these were exempt items, this motion cannot mention any points of detail but it is fair to say that between these 2 items council expenditure of £1m+ was involved. The proposers of this motion believe that much of these costs was avoidable.

 

The issue with the Employability Team was known at the time the council discussed the Service Choices options at the October council meeting but this was not mentioned by the policy lead, Cllr A Morton, nor was it mentioned by Cllr Dick Walsh,  Leader of the Council & Policy Lead for Strategic Finance. The costs of keeping Castle Toward empty continue to be a drain on this council’s resources.

 

The £1m+ in question is approximately the same in value as the total of the following Service Choices cuts:

 

·       2016/17 proposal to cut the ASN budget

·       2016/17 proposal to cut the school attendance officer budget

·       2016/17 proposal to cut instrumental instructor budget

·       2016/17 proposal to cut classroom assistant budgets

 

Other examples could have been used but the underlying message would have been the same: waste needs to be cut before services and jobs.

 

The administration presents itself as a model of financial governance but this may be far from the reality. The proposers of this motion have consistently been refused access to the papers issued to, and created by, the project board. Testing the administration’s financial competence is not therefore possible without access to this kind of information.  This motion moves that the council should agree that the project board papers referred to above are made available immediately to the 2/3 of elected members who were excluded from the process.

 

The proposer and seconder of this motion, as members of the Reform Group, will use this hitherto secret information to propose an  alternative set of budget proposals, aimed at reducing waste and minimising the damage the current proposals will create in abundance.

 

Moved by Councillor Dance, seconded by Councillor Breslin.

 

Amendment 1

 

That the Council:

1.    Notes that the Council previously discussed both the Employability Team initiative and the Castle Toward security costs and that there is ample opportunity for any member in attendance at the Council meeting today to participate and to bring forward proposals with regard to the Council’s Employability Team. The up- date report before members of the Policy and Resources Committee at their meeting on 29^th October and at Council today at agenda item 20 is the first available meetings where it has been possible to bring forward in a comprehensive report the business for members consideration related to this service.

2.    Notes that since 1999, the Employability Team has developed a preventative service approach to employment support for the most vulnerable individuals across Argyll and Bute and has enabled cost savings elsewhere, particularly on health issues, given the significant correlations between unemployment, low income and health outcomes.

3.    Notes that since the outset of the Work Programme in June 2011, the Employability Team and Partner Organisations have worked with 5,949 referrals and achieved 2,363 job starts

4.    Notes that the Employability Team receives no core funding from the Council, yet the Local Government Benchmarking Framework report March 2014, Argyll and Bute Council was ranked first nationally under the indicator : % unemployed people assisted into work from Council operated/funded Employability Programmes.

5.    Notes with extreme disappointment and concern that Cllr Breslin and Cllr Dance have chosen to describe the Council’s commitment to this service and the staff that deliver it as a “waste”.

6.    Instructs the Chief Executive, as the Head of Paid Service, to write to each existing member of the Employability Team making it clear that this Council values the contribution they have made to the Council, to the delivery of the Single Outcome Agreement and most of all to their clients and the communities they serve.

7.    Notes that in addition to the budget arrangements and the Planning our Future initiative process, the Policy and Resources Committee agreed to set up a cross-party project board with Trade Union representatives in April 2015.

8.    Notes that a number of workshops were arranged where every member of the Council was invited, including the mover and seconder of the motion, to attend and to participate with the work and business of the Project Board prior to recommendations being agreed and accepted by the Project Board, Policy and Resources Committee and Council.

9.    Notes that all members present and attending both the Project Board and member’s service choices workshop agreed that the papers because of their content should be treated as exempt and confidential items.

10.   Notes the consensus among members of the cross-party project board, with no dissentions, in agreeing to recommend to the Policy and Resources committee and Council that all options for savings should go out to public consultation.

11.   Acknowledges that the Project Board and member workshops was not a device to exclude 2/3 of the Council membership but a helpful additional arrangement, with ample opportunity being available within the budget process, for any member to suggest, investigate or bring forward possible alternatives for savings.

12.   Notes with regret the misleading allegation and references in the motion to issues of financial significance and the disregard to the comments related to the efficient financial  ...  view the full minutes text for item 18.

 

The following Notice of Motion was before the Council for consideration:-

 

Motion

 

The Council agree that provision should be made within Standing Orders to ensure that any motion or amendment which has a bona fide proposer and seconder but is ruled incompetent by the Provost is recorded in full in the minute of that meeting.

 

Further to this, that the Council agree a full explanation is given and recorded in the minute of the meeting relating to the Provosts decision to deem the motion or amendment incompetent.

 

Moved by Councillor Philand, seconded by Councillor Kelly

 

Amendment 1

 

The reason for the Provost’s ruling of Motions or Amendments should be recorded in the minutes.

 

Moved by Councillor Robb, seconded by Councillor Trail.

 

Amendment 2

 

Agree to take no action with regard to the proposed changes to the Council’s Standing Orders and Constitution as all Members of the Council are encouraged and can seek appropriate and confidential advice from appropriate officers to ensure that all motions and amendments to be lodged are competent thus avoiding any conflict and difficulty.

 

Moved by Councillor Walsh, seconded by Councillor E Morton.

 

The requisite number of Members required the vote to be taken by calling the roll, and Members voted as follows:-

 

Motion	Amendment 1	Amendment 2	No Vote
Councillor Breslin	Councillor Armour	Councillor Colville	Councillor McAlpine
Councillor Dance	Councillor Blair	Councillor Corry
Councillor Kelly	Councillor Robb	Councillor Currie
Councillor Marshall	Councillor Strong	Councillor Kinniburgh
Councillor Philand	Councillor Taylor	Councillor MacDougall
	Councillor Trail	Councillor RG MacIntyre
		Councillor MacMillan
		Councillor McNaughton
		Councillor McQueen
		Councillor A Morton
		Councillor E Morton
		Councillor Mulvaney
		Councillor Robertson
		Councillor Scoullar
		Councillor Walsh

 

Decision

 

With the Motion receiving 5 votes, Amendment 1, 6 votes, Amendment 2, 15 votes and I no vote, Amendment 2 became the finding of the meeting.

 

Councillor Kelly left the meeting at this point.

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 two items of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraphs 1&8 and 8&9 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

 

Recommendation by Policy and Resources Committee of 29 October 2015

The Council considered a recommendation by the Policy and Resources Committee with regard to the Argyll and Bute Employability Team – options for financial sustainability.

 

Decision

 

The terms of the Motion by Councillor A Morton, seconded by Councillor Corry was agreed.

 

(Ref: Recommendation by the Policy and Resources Committee of 26 November 2015, submitted)

Recommendation by Oban, Lorn & the Isles Area Committee of 20 October 2015

The Council considered a recommendation by the Oban, Lorn & the Isles Area Committee with regard to a request by the Oban Sailing Club to lease additional grounds.

 

Decision

 

The Council noted the terms of the report and agreed the recommendations as contained within the submitted report.

 

(Ref: Recommendation by the Oban, Lorn & the Isles Area Committee dated 26 November 2015, submitted)

E1   Paragraph 1  Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office-holder, former office-holder or applicant to become an office-holder under 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 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.