Agenda and minutes

The Leader welcomed the Council’s new Communications Manager, Jo Smith, to her first meeting of the Executive.

The Leader ruled, and the Executive agreed, that the business dealt with at item 6 of this Minute (Performance Management) be considered as a matter of urgency by reason of the need for Officers to report timely on the Council’s performance during the financial quarter January to March 2010.

The Leader ruled, and the Executive agreed, to vary the order of business and consider the report on the Economic Development Action Plan after the Minutes to enable the Head of Economic Development to attend another meeting.

Apologies for absence were intimated from Councillors Gary Mulvaney and Len Scoullar and from Jane Brown, David McEwan and Alison Palmer.

None declared.

Executive 18 March 2010

The Minutes of the Executive of 18 March 2010 were approved as a correct record.

Report by Executive Director - Development and Infrastructure Services and Extract from Minutes of Economy Policy and Performance Group 24 February 2010

In order to focus the Council’s scarce resources on the economic development activities that will have the greatest beneficial economic impact,  Argyll and Bute Council has developed an Economic Development Action Plan which clearly articulates the Council’s corporate priorities for developing the Argyll and Bute economy, thereby facilitating focus, effective resource planning and partnership working at the local, national and European levels.  The Economic Development Action Plan 2010-2013 was before the Executive for consideration along with a recommendation from the Economy Policy and Performance Group that this Plan be approved as strategic, corporate document of the Council.

Decision

Agreed to endorse the content of the Economic Development Action Plan for implementation in 2010/2011 as detailed at Appendix 1 of the Executive Director’s report subject to the following amendments:-

(a)               Collaborative - reference to Argyll College and its links with Skills Development Scotland and the University of the Highlands and Islands should be included within the Plan;

(b)               Connectivity – the direct train service between Helensburgh and Edinburgh should be highlighted within the Plan; and

(c)               At paragraph 3 under the heading “ Factors of Competitive Advantage” - the sentence at the fifth bullet point should be amended to read “much of the area is close to the Central Belt of Scotland and to Ireland (ideally positioned for supply of electricity to large urban areas)”.

(Reference: Report by Executive Director – Development and Infrastructure Services  and Economic Development Action Plan 2010 – 2013, submitted)

Report by Leader of the Council

The Leader of the Council submitted a report which highlighted issues which he had recently been involved with including:-

His attendance at the re-launch of Stramash as a new Social Enterprise on 12 March 2010; his attendance at a tripartite meeting between the Scottish Government, Inverclyde Council and Argyll and Bute Council on 25 March 2010 to discuss the Dunoon ferry service; his attendance at the Highlands and Islands Conveners meeting on 25 March 2010; and his attendance at the COSLA Leaders meeting on 26 March 2010.  The Leader also reported on Council Tax and Non Domestic Rates collection figures to 31 March 2010 and provided updates on Financial Services, Procurement and ICT.

Decision

Noted the contents of the report for the period 1 – 31 March 2010.

(Reference: Report by Leader of the Council for the period 1 – 31 March 2010, submitted)

Report by Chief Executive (to follow)

The Council and Departmental Scorecards and reports were presented to the Executive using the Council’s performance management system, Pyramid, and focussed on performance during the period January to March 2010, including a review of successes, key challenges and an outline of improvement actions for the coming period.

Decision

1.             Noted the reports and Scorecards for the period January to March 2010; and

2.             Noted that a seminar for all Members would be held on Tuesday 22 June 2010 in order to review the content of performance scorecards to take account of the changes to the Management Structure of the Council.

(Reference: Reports and Scorecards by Chief Executive and Executive Directors for the period January – March 2010, submitted)

Councillor Donald Macdonald and William Dalby left the meeting during discussion of the foregoing item.

Report by Director of Community Services

A report summarising progress in relation to the Council’s NPDO project up to the end of March 2010 and, in particular, providing an update on the current financial position of the Project was considered.

Decision

Noted the contents of the report.

(Reference: Report by Director of Community Services, submitted)

Councillors Horn, MacAlister, McAlpine and McNaughton left the meeting.

Report by Director of Community Services

A report advising Members on the current situation in relation to the occupation of Castle Toward by Actual Reality Learning and Leadership Ltd, the position of the premises in relation to Health and Safety and the proposed sale of the property was considered.

Decision

Noted the contents of the report.

(Reference: Report by Director of Community Services, submitted)

Provost William Petrie left the meeting.

Report by Director of Community Services

In terms of commissioning services, the SWIA report on performance of Argyll and Bute Social Work recommended that “the social work service should move more quickly to develop commissioning strategies across each service sector”.  Following this recommendation, a report setting out the need for a robust commissioning policy and detailing a draft policy for approval was considered.

Decision

Noted the contents of the report and agreed to recommend to the Council approval of the draft Commissioning Policy attached to the Director’s report subject to the following amendments:-

a)      Step 3 of the Commissioning Cycle should be reworded in order to explain more clearly what the process carried out at this stage would be; and

b)      Remove step 10 of the Commissioning Cycle as it was a duplication of step 9.

(Reference: Report by Director of Community Services and Draft Social Work Service Commissioning Policy dated January 2010, submitted)

Report by Director of Community Services

Following recommendations made to the Executive on 17 September 2009 by the Complaints Review Committee, a report setting out the need for a clear and concise Complaints Procedure and Guidance Notes for Social Work, Community Services was considered.

Decision

1.             Noted the contents of the report and approved the Complaints Procedure and Guidance Notes attached to the Director’s report subject to the following minor amendments which will be taken on board by Officers:-

(a)               Amendments to be made to the paragraphs which refer to seeking a complainant’s agreement to the extension of the 10 day deadline for commencing an investigation into a complaint and the 28 day deadline for completion of an investigation;

(b)               Amendment to be made to the complaints handbook in respect of the way in which formal complaints will be accepted so that it reflects accurately what is contained with the procedure and guidance notes; and

2.            Agreed that when the review of the Council’s Corporate Complaints Procedure is carried out consideration should be given to the contents of it being on the same basis as the Complaints Procedure for Community Services – Social Work.

(Reference: Report by Director of Community Services and Community Services – Social Work Handling Complaints (Procedures and Guidance Notes) dated January 2010, submitted)

The Leader ruled, and the Executive agreed, to adjourn the meeting at 12.55 pm for lunch and reconvene at 1.30 pm.

Report by Director of Community Services

The Council agreed at the budget meeting on 11 February 2010 to amalgamate the Area Education Development, Leisure Development and Social Welfare Grants into one funding stream – Grants to the Third Sector.  It was also agreed that £60,000 should be made available specifically for Events and Festivals.  It is proposed that the current procedures for the allocation of grants, with some minor amendments, should continue for 2010/11 and a report detailing a process for revision of the procedures for implementation in 2011/12 was before the Executive for consideration.

Decision

1.             Agreed to the proposals for the allocation of area third sector grants in 2010/11;

2.             Agreed the distribution of funds, including those ring fenced for Events and Festivals;

3.             Agreed to a review of grant procedures for 2011/12; and

4.             Noted that it would be at the discretion of Area Chairs to convene special Area Committee meetings to give consideration to applications before the next round of Area Committee meetings due to be held in June 2010.

(Reference: Report by Director of Community Services, submitted)

Report by Director of Community Services

The Scottish Housing Regulator published the inspection report on the Council’s Homeless Service on 8 February 2010 and arising from this the Council was required to submit an Improvement Plan by 5 April 2010.  A draft plan submitted to comply with the timescale set by the Scottish Housing Regulator on the strict understanding that it was subject to final approval by the Executive was considered.

Decision

Agreed to endorse the draft Improvement Plan.

(Reference: Report by Director of Community Services dated 10 March 2010 and Homeless Service Post-inspection Improvement Plan, submitted)

Report by Director of Community Services

A report setting out the case for seeking Pressured Area Designation (PAD) for specified settlements within Argyll and Bute, in accordance with the Housing (Scotland) Act 2001 was considered.  This would suspend the right of certain housing association tenants to purchase their homes for a period of up to five years and so would help to address the shortage of affordable social rented housing within Argyll and Bute.

Decision

Approved the draft application for Pressured Area Designation, annexed to the Director’s report, for submission to the Scottish Government.

(Reference: Report by Director of Community Services dated 4 February 2010 and Draft Application for Pressured Area Designation dated January 2010, submitted)

Report by Director of Community Services

A report highlighting feedback that has been received from the Scottish Government following their evaluation of the Council’s latest Strategic Housing Investment Plan was considered.

Decision

1.             Noted the positive feedback received within the letter annexed to the Director’s report; and

2.             Agreed the process being undertaken to make representations to the Scottish Government for increasing the Council Tax on second homes.

(Reference: Report by Director of Community Services dated 26 March 2010 and correspondence received from the Scottish Government dated 19 March 2010, submitted)

Report by Director of Community Services

A report providing a policy proposal for the Scheme of Assistance which requires to be introduced as a result of the Housing (Scotland) Act 2006 was considered.  The Act introduces new duties and powers for local authorities to address two key issues within private sector housing – widespread disrepair and the need to help more disabled people live independently by adapting their homes to suit their needs.

Decision

Agreed to defer consideration of this item until the Special Executive meeting being held on 17 May 2010.

(Reference: Report by Director of Community Services  dated 29 March 2010 and Community Services Housing Services Section 72 Statement, submitted)

Report by Spokesperson

The Spokesperson for Islands and European Affairs, Councillor Len Scoullar, submitted a report which highlighted issues he had recently been involved with including:-

His attendance at the KIMO UK Business meeting in Edinburgh on 12 March 2010; and his attendance at a seminar on Marine Transport held in Denmark on 18 and 19 February 2010.  Councillor Scoullar also reported on the reform of the Common Agricultural Policy; a Survey of the Atlantic Regions focusing on “An Integrated Strategy for the Atlantic Arc” and the ERDF applications that have been submitted on a fast track basis.

Decision

Noted the contents of the report.

(Reference: Report by Spokesperson for Islands and European Affairs dated 15 April 2010, submitted)

Report by Spokesperson

The Spokesperson for Transportation and Infrastructure, Councillor Duncan MacIntyre, submitted a report which highlighted issues he had recently been involved with including:-

Recently approved SPT Helensburgh projects (including Arrochar); the bus service between Paisley Royal and the Vale of Leven; the Strathclyde Concessionary Fares Scheme; the Jura Passenger Ferry Service; the Dunoon to Gourock Ferry Service; his attendance at the CPMR Islands Commission Workshop on Islands Transport held in Bornholm; the Road Equivalent Tariff pilot; the Air Services Review being undertaken by HITRANS with ZetTrans; a review of the Delivery of Transport Services across the Highlands and Islands being undertaken by HITRANS; the completion of a Oban Hub Study by HITRANS and the Scottish Ferries Review.

Decision

1.             Noted the contents of the report;

2.             Noted that Councillor Duncan MacIntyre would seek clarification on whether or not concessionary travel cards could be used on the Jura Ferry; and

3.             Noted that the Executive Director – Customer Services would provide an update on the ongoing land negotiations at Keppoch.

(Reference: Report by Spokesperson for Transportation and Infrastructure, submitted)

Councillor Vivien Dance left the meeting.

Report by Executive Director - Development and Infrastructure Services

A report summarising the main changes made by the Loch Lomond and The Trossachs National Park Authority to their local plan as set out in the Finalised Draft Local Plan February 2010 Local Plan, and recommending an appropriate response in relation to Argyll and Bute Council’s interests was considered.

Decision

Agreed that the following recommendations be included as the Council’s formal response to the Local Lomond and the Trossachs National Park Authority consultation on the Local Lomond and the Trossachs National Park Finalised Draft Local Plan:-

That Argyll and Bute Council –

(a)               Generally supports the Loch Lomond and the Trossachs first local plan, and in particular welcomes the proposed policies which accord with the aims and objectives of the Argyll and Bute Structure and Local Plan;

(b)               Recommends that the proposed upgrading and improvements to the A82 be supported as a priority by the National Park Authority in line with the commitment required by Strategic Issue 6 and REC SI 2 of the Argyll and Bute Structure Plan;

(c)               Recommends that minor amendments be made to policy ENV 12 Surface Water Drainage to incorporate the following “For surface water discharge from new developments and to ensure nil impact on the receiving watercourse attenuation for the difference between the 1 in 2 year flood event for the pre development site and the 1 in 200 year critical event with an allowance for climate change should be provided for the site post development as agreed with the Flooding Authority”; and

(d)               Recommends that the proposed housing site on the play area at Church Road, Arrochar (H4), currently owned by Argyll and Bute Council, be retained to provide open space and recreational facilities and that site CU1 and ST2 be considered for housing and recreational facilities.

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

Report by Executive Director – Customer Services

A report setting out the Council’s Corporate Asset Management Strategy was considered.

Decision

Agreed to recommend to the Council approval of the Corporate Asset Management Strategy attached to the Executive Director’s report.

(Reference: Report by Executive Director – Customer Services dated 7 April 2010 and Corporate Asset Management Strategy dated March 2010, submitted)

Extract from Minutes of Audit Committee 5 March 2010, Report by Head of Improvement and Strategic HR and Report by Chief Executive

Consideration was given to a recommendation made by the Audit Committee in relation to Service Reviews along with comments made by the Strategic Management Team.

Decision

Noted the views of the Audit Committee and the view of the Strategic Management Team and acknowledged that the specific point raised on the level of scrutiny of service reviews is being addressed through measures already being put in place as part of the Transformation Programme management arrangements.

(Reference: Extract from Minutes of Audit Committee 5 March 2010, Report by Head of Improvement and Strategic HR and Report by Chief Executive, submitted)

Extract from Minutes of Audit Committee 5 March 2010, Report by Internal Audit Manager and Report by Executive Director – Customer Services

Consideration was given to a recommendation made by the Audit Committee in relation to the Review of Contract Management along with a report prepared by the Executive Director – Customer Services outlining the steps being taken to address the requirements of the Action Plan outlined within Appendix 2 of the Internal Audit Report entitled “Review of Contract Management”.

Decision

Noted the contents of the Executive Director’s report and agreed to advise the Audit Committee of the action being taken to address the requirements of the Action Plan.

(Reference: Extract from Minutes of Audit Committee 5 March 2010, Report by Internal Audit Manager dated February 2010 and Report by Executive Director – Customer Services dated 7 April 2010, submitted)

The Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the public for the following 2 items of business on the grounds that they were likely to involve the disclosure of exempt information as defined in Paragraphs 9; and 8 and 9 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

Report by Director of Community Services

A report updating Members on the position regarding the schools falling as surplus following the handover of schools in the Council’s NPDO project was considered.

Decision

Agreed to the recommendations detailed in the report.

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

Report by Executive Director - Development and Infrastructure Services

A report briefing the Executive on the preferred procurement route for the Stage “C” design of the proposed new Helensburgh Swimming Pool and Leisure Facility was considered.

Decision

Agreed to the recommendations detailed in the report.

(Reference: Report by Executive Director – Development and Infrastructure Services dated 15 April 2010, submitted)