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Public Document Pack Argyll and Bute Council Comhairle Earra Ghaidheal agus Bhoid Corporate Services Director: Nigel Stewart Kilmory, Lochgilphead, PA31 8RT Tel: 01546 602127 Fax: 01546 604444 DX 599700 LOCHGILPHEAD e.mail –[email protected] 11 September 2008 NOTICE OF MEETING A meeting of the EXECUTIVE will be held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 18 SEPTEMBER 2008 at 10:00 AM , which you are requested to attend. Nigel Stewart Director of Corporate Services BUSINESS 1. APOLOGIES FOR ABSENCE 2. DECLARATIONS OF INTEREST (IF ANY) 3. MINUTES (a) Employee Joint Consultative Committee 1 February 2008 (Pages 1 - 4) (b) Special Committee for Older People's Services 13 August 2008 (Pages 5 - 8) (c) Executive 18 August 2008 (Pages 9 - 22) 4. LEADER'S REPORT Report by Leader of the Council (Pages 23 - 38) # 5. EDUCATION AND LIFELONG LEARNING Report by Spokesperson (Pages 39 - 42) 6. SOCIAL SERVICES Report by Spokesperson (Pages 43 - 46) 7. CHILDREN'S CHAMPION Extract from Minutes of Social Affairs Policy and Performance Group of 8 September 2008 and report by Director of Community Services (Pages 47 - 52) 8. MONEY ADVICE SERVICE DEVELOPMENT REVIEW Extract from Minutes of Protective Services and Licensing Committee of 20 August 2008 and report by Director of Corporate Services (Pages 53 - 64) 9. KILMORY HOME FARM (a) Joint Report by Director of Community Services and Director of Development Services (Pages 65 - 68) (b) Extract from Minutes of Mid Argyll, Kintyre and the Islands Area Committee of 6 August 2008 and report by Director of Development Services (Pages 69 - 176) 10. IMPROVEMENT SERVICE Report by Director of Corporate Services (Pages 177 - 178) 11. COSLA COMMUNITY SAFETY EXECUTIVE GROUP Report by Director of Corporate Services (Pages 179 - 184) 12. THE CROWN ESTATE SCOTLAND Report by Director of Development Services (Pages 185 - 196) 13. CYCLING, WALKING AND SAFER STREETS 2008/2009 Report by Director of Development Services (Pages 197 - 198) 14. SUSTAINABLE SEAS FOR ALL - A CONSULTATION ON SCOTLAND'S FIRST MARINE BILL Report by Director of Development Services (Pages 199 - 216) 15. DRAFT LOCH FYNE INTEGRATED COASTAL ZONE MANAGEMENT PLAN Report by Director of Development Services (Pages 217 - 222) 16. WASTE TREATMENT INFRASTRUCTURE - PROCUREMENT OPTIONS FOR THE HELENSBURGH AND LOMOND AREA Report by Director of Operational Services (Pages 223 - 228) 17. INTRODUCTION OF ADDITIONAL RECYCLING FACILITIES IN HELENSBURGH AND LOMOND AREA Extract from Minutes of Helensburgh and Lomond Area Committee of 2 September 2008 and report by Director of Operational Services (Pages 229 - 240) 18. DRAFT RESPONSE TO SCOTTISH GOVERNMENT CONSULTATION PAPER ON POTENTIAL LEGISLATIVE MEASURES TO IMPLEMENT ZERO WASTE Report by Director of Operational Services (Pages 241 - 246) # 19. SCHOOL AND LOCAL BUS SERVICE CONTRACT BETWEEN TOBERMORY E1 AND CALGARY ON THE ISLAND OF MULL Report by Director of Development Services (Pages 247 - 252) # 20. SCHOOL TRANSPORT - TENDERING OF IN-HOUSE ROUTES E1 Report by Director of Community Services (Pages 253 - 256) E1 21. PROVISION OF CYCLE TO WORK SCHEME Report by Director of Development Services (Pages 257 - 262) E2 22. LAND AT ARDRISHAIG GREEN Extract from Minutes of Mid Argyll, Kintyre and the Islands Area Committee of 6 August 2008 and report by Director of Corporate Services (Pages 263 - 268) Items marked with # denote matters to be considered as part of the Council’s function as Education Authority. The Committee will be asked to pass a resolution in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for items of business with an “E” on the grounds that it is likely to involve the disclosure of exempt information as defined in the appropriate paragraph of Part 1 of Schedule 7a to the Local Government (Scotland) Act 1973. The appropriate paragraphs are:- E1 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. E2 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. EXECUTIVE Maureen Arthur Jane Brown Councillor Robin Currie Councillor Vivien Dance Fiona Fisher Councillor George Freeman Charlotte Hanbury Councillor Alison Hay Councillor Donald Kelly Councillor Donald Macdonald Councillor Robert Macintyre Councillor Duncan MacIntyre Councillor Donald McIntosh Councillor Ellen Morton Alison Palmer Councillor Douglas Philand Councillor James Robb Councillor Elaine Robertson Councillor Len Scoullar Councillor Isobel Strong Councillor Dick Walsh Contact: Fiona McCallum Tel: 01546 604406 This page is intentionally left blank Page 1 Agenda Item 3a MINUTES of MEETING of EMPLOYEE JOINT CONSULTATIVE COMMITTEE held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on FRIDAY, 1 FEBRUARY 2008 Present: Councillor Dick Walsh (Chair) Councillor George Freeman Councillor Donald McIntosh James McLellan, Chief Executive Douglas Hendry, Director of Community Services Nigel Stewart, Director of Corporate Services Danny Longwill, Head of Personnel Services Stewart Turner, Head of Roads and Amenity Services Bruce West, Head of Strategic Finance Elspeth McNiven, Personnel Services Manager Lynn Findlay, Development Services Donald Brown, Unison Marion Power, Unison Lydia Henderson, Unison John Lambie, Unison Douglas Mackie, EIS Margaret Anderson, EIS John McGinnes, SSTA Stephen Ward, AMICUS (MSF) Apologies: Councillor Robert Macintyre Councillor Duncan MacIntyre Councillor Len Scoullar Councillor Isobel Strong George Harper, Director of Development Services Andy Law, Director of Operational Services Bridget Hunter, Unison George Craig, Unison John Dunlop, Unison Tony Devlin, TGWU P Dunn, TGWU G Gillespie, TGWU Ken Newberry, PAT 1. NOTE OF LAST MEETING AND MATTERS ARISING The note of the Informal Meeting of the EJCC of 7 September 2007 was approved as a correct record. 2. EJCC PROPOSED REVISED CONSTITUTION A revised Constitution, which had been prepared by the Council in response to the Council’s Political Management Arrangements, had been issued to Trades Unions for comments. Following consultation, EIS had raised some proposed amendments and the terms of these were Page 2 discussed. It was thereafter agreed to accept the revised constitution subject to the following amendments:- 1. Paragraph 2 (Membership) to be revised to reflect the following Membership from the Trades Unions:- (i) Teaching Staff 5 representatives (ii) Other Local Government Employees 10 representatives 2. Procedural Rules - Section 2 (Quorum etc), part 2 (b) – Last sentence to read “in the absence of the Chair and Vice-Chair at any meeting the EJCC will appoint one of its members to preside”. 3. SINGLE STATUS Danny Longwill gave a factual update on the current situation regarding the implementation of Single Status advising that the Council had been unable to secure a collective agreement with Trades Unions and had therefore written to the Joint Secretaries to activate a three month conciliation period for Conditions of Service in terms of the Red Book Agreement. He advised that 98% of employees had accepted their offers and that the 90 individuals who hadn’t accepted had been issued with letters terminating their contacts as of 17 February 2008 and offering re- engagement as of 18 February 2008. As of today’s date he had no indication from these employees that they wouldn’t accept their new contracts and on this basis reported that the workforce would remain stable on 18 February 2008. Donald Brown queried what would happen to the employees if they didn’t turn up for work on 18 February 2008? Danny advised that they would no longer be employees of Argyll and Bute Council as the Council would deem that they had not accepted their new contracts of employment. Donald Brown gave an update regarding a meeting held earlier in the week with the Council to discuss the 35/37 hour working week and pay and grading. He advised that the Joint Secretaries would be looking into the issues raised and would provide advice once legal advice had been sought. Donald Brown then raised a question to establish if the Council would be prepared to enter arbitration or meaningful discussions to end the ongoing industrial action? The Chair confirmed that the Council were prepared to sit and discuss the issue but with no pre-condition. Donald then proposed that further discussions should take place either over the course of the weekend or on Monday 4 February 2008 in attempt to reach an agreement where the proposed industrial action which was due to commence on 5 February 2008 could be suspended as he did not consider this to be in the interests of those involved in the dispute. It was agreed by the Chair to enter into such negotiations and that a meeting to facilitate this would be arranged at the conclusion of the EJCC. Page 3 4. SERVICE PLANNING AND BUDGET Bruce West gave a presentation on the budget proposals outlined in the budget pack which had been previously circulated to all Members of the EJCC. He advised this was prepared on the basis of a Council Tax freeze and spoke to the key issue for the Council which would be the ability to demonstrate use of commitment/priorities to direct the allocation of resources. He spoke regarding “rolled up grants” and his concerns regarding the Council’s allocation which was forecast to fall by £2.3m during financial year 2009/10 advising that there was no clear explanation of why this reduction would be suffered. He also spoke regarding Joint Boards and the slightly higher increase proposed in respect of the Strathclyde Joint Police Board giving the reason behind this as Pension increases.