Public Document Pack Argyll and Bute Council Comhairle Earra Ghaidheal agus Bhoid
Corporate and Legal Services Director: Nigel Stewart
Kilmory, Lochgilphead, PA31 8RT Tel: 01546 602127 Fax: 01546 604444 DX 599700 LOCHGILPHEAD e.mail –[email protected]
13 January 2003
NOTICE OF MEETING
A meeting of ARGYLL & BUTE COUNCIL will be held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 16 JANUARY 2003 at 11:30 AM, which you are requested to attend.
Nigel Stewart Director of Corporate and Legal Services
BUSINESS
Please note there will a Presentation at 2.00pm for all Councillors by Paul Gibbons, Director of Corporate Affairs for Argyll & Clyde Health Board on the provision of Maternity Services.
1. APOLOGIES FOR ABSENCE
2. DECLARATIONS OF INTEREST (IF ANY)
3. MINUTES
(a) Argyll & Bute Council 21 November 2002 (Pages 1 - 2) (b) Argyll & Bute Council 28 November 2002 (Pages 3 - 12) (c) Argyll & Bute Council 19 December 2002 (Pages 13 - 18)
4. MINUTES OF COMMITTEES
(a) Commercial Operations Board 21 November 2002 (Pages 19 - 22) (b) Special Committee on Education NPDO 26 November 2002 (Pages 23 - 24) (c) Special Bute & Cowal Area Committee 1 December 2002 (Pages 25 - 28) (d) Helensburgh & Lomond Area Committee 3 December 2002 (Pages 29 - 36) (e) Bute & Cowal Area Committee 3 December 2002 (Pages 37 - 42) (f) Mid Argyll, Kintyre & Islay Area Committee 4 December 2002 (Pages 43 - 54) (g) Oban, Lorn & The Isles Area Committee 4 December 2002 (Pages 55 - 64) * (h) Strategic Policy Committee 12 December 2002 (Pages 65 - 76) (i) Public Services & Licensing Committee 12 December 2002 (Pages 77 - 82)
The above minutes are submitted to the Council for approval of any recommendations on the items which the Committee does not have delegated powers. These items are marked with a *.
5. MOORE'S MORTIFICATION FUND Report by Director of Corporate & Legal Services (PAGES 83 - 90)
6. ENTITLEMENT CARDS AND INDENTITY FRAUD: CONSULTATION Report by Director of Corporate & Legal Services (PAGES 91 - 104)
E1 7. THE FUTURE OF THE ORGANISATION
(a) Presentation on behalf of the Joint Trade Unions (b) Recommendation by the Policy Development Group (Pages 105 - 126)
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 I of Schedule 7a to the Local Government (Scotland) Act 1973.
The appropriate paragraphs are:-
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 11 Information relating to any consultations or negotiations, or contemplated consultation or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office-holders under, the authority.
COUNCIL
ALL MEMBERS
Contact: Sandra McGlynn Tel: 01546 604401
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ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of ARGYLL AND BUTE COUNCIL held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY 21 NOVEMBER 2002
Present: Convener William Petrie (In the Chair)
Councillor Robin Banks Councillor Donald MacMillan Councillor Campbell Cameron Councillor Donald McIntosh Councillor Brian Chennell Councillor Gordon McKinven Councillor Robin Currie Councillor James McQueen Councillor John Findlay Councillor Bruce Robertson Councillor George Freeman Councillor Len Scoullar Councillor Ronald Kinloch Councillor John Stirling Councillor Stanley Latimer Councillor Eric Thompson Councillor Allan Macaskill Councillor Dick Walsh Councillor Alistair MacDougall Councillor Sheila Wilson Councillor Dugald MacKinnon
Apologies: Councillor Douglas Currie Councillor Robert Macintyre Councillor Alison Hay Councillor Alastair McKinlay Councillor Bruce Marshall Councillor Moyra Stewart Councillor Ellen Morton Councillor Isobel Strong Councillor Duncan MacIntyre
Attending: James McLellan, Chief Executive Nigel Stewart, Director of Corporate & Legal Services Stewart McGregor, Director of Finance Andy Law, Head of Amenity & Direct Services Bruce West, Head of Accounting Alan MacDonald, Head of Roads
1. AUDIT OF ACCOUNTS 2001/2002 – MEMBERS LETTER – AUDIT CERTIFICATE AND CERTIFIED ACCOUNTS
The external auditors, Audit Scotland, had completed their audit of the Council’s Accounts for the year to 31 March 2002. The external auditors had issued an Audit Certificate which contained no qualifications although attention was drawn to the failure of the Property Maintenance Direct Labour Organisation to meet its prescribed financial objective. The Director of Finance spoke about and answered questions on the Accounts, and led the Council through the points contained in the Chief Auditor’s Letter to Members.
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Decision
Noted the Certified Accounts and the terms of the Audit Certificate and Letter to Members, recognising that monitoring of the external auditors’ recommendations on the action plan would be followed through by the Council’s Audit Committee.
(Ref: Report by Director of Finance dated 1 November 2002, Audit Certificate, Certified Accounts and Letter to Members from Audit Scotland, submitted)
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2 Page 3 Agenda Item 3b
ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of ARGYLL AND BUTE COUNCIL held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on 28 NOVEMBER 2002
Present: Convener William Petrie (In the Chair)
Councillor Robin Banks Councillor Alistair MacDougall Councillor Alasdair Blair Councillor Robert Macintyre Councillor Campbell Cameron Councillor Dugald MacKinnon Councillor Brian Chennell Councillor Donald MacMillan Councillor Douglas Currie Councillor Donald McIntosh Councillor John Findlay Councillor Alastair McKinlay Councillor George Freeman Councillor Gordon McKinven Councillor Ian Gillies Councillor James McQueen Councillor Alison Hay Councillor Bruce Robertson Councillor Donald Kelly Councillor Len Scoullar Councillor Ronald Kinloch Councillor Moyra Stewart Councillor Stanley Latimer Councillor Isobel Strong Councillor Bruce Marshall Councillor Eric Thompson Councillor Ellen Morton Councillor Dick Walsh Councillor Allan Macaskill Councillor David Webster
Apologies: Councillor Paul Coleshill Councillor John Stirling Councillor Robin Currie Councillor Sheila Wilson Councillor Duncan MacIntyre
Attending: James McLellan, Chief Executive Nigel Stewart, Director of Corporate & Legal Services Alasdair Bovaird, Head of Corporate Policy
The Convener ruled, and the Council agreed that the business as dealt with at item 11 of this Minute be dealt with as a matter of urgency by reason of the need to submit the revised Outline Business Case to the Scottish Executive by the deadline required.
1. DECLARATIONS OF INTEREST
Convener William Petrie declared an interest in relation to the Notice of Motion regarding the Argyll & Clyde Health Board, which is dealt with at item 10 of this minute, left the room and took no part in the discussions on this item.
2. NOTICE OF MOTION UNDER STANDING ORDER 14: HEALTH SERVICES IN ARGYLL AND CLYDE
The Director of Corporate & Legal Services advised that in terms of Standing Order 14 the following Notice of Motion by Councillor Thompson, seconded by Councillor Scoullar had been received for consideration as a matter of urgency at this meeting:-
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“ In view of the recent closure of maternity (delivery) services, the threatened closure or reduction of other acute services, and the apparent absence of a credible plan for the future the Vale of Leven Hospital, Argyll & Bute Council wishes to express its lack of confidence in the management of the Vale of Leven Hospital by the Argyll and Clyde Acute NHS Trust and calls on its Member on the Argyll and Clyde Unified NHS Board to raise this matter formally with the Health Board and the Chairman of the Acute Trust”.
The Convener ruled that he considered that the Motion was urgent by reason of the need to raise the current difficulties in the provision of health services formally with the Health Board. The Council agreed to consider the motion and this is dealt with at item 10 of these minutes.
3. MINUTES
The Council approved the minutes of the Council Meeting of 17 October 2002 as a correct record.
4. MINUTES OF COMMITTEES
The Council considered the following minutes. They approved the recommendations of those Committees subject to what is shown below:-
1. Helensburgh & Lomond Area Committee 1 October 2002 2. Bute & Cowal Area Committee 1 October 2002 3. Mid Argyll, Kintyre & Islay Area Committee 2 October 2002 4. Oban, Lorn & The Isles Area Committee 2 October 2002 5. Helensburgh & Lomond Area Committee 22 October 2002 6. Strategic Policy Committee 24 October 2002 7. Standards Committee 31 October 2002
Arising from item 4 (Councillors Code of Conduct) the recommendations of the Standards Committee and Audit Committee of 8 November 2002 were agreed as follows:-
(a) That the term of office of the Non-Councillor Members of the Standards Committee be extended by one year to provide continuity following the elections, while new Members of the Committee are appointed and become established, and to allow for the recruitment process of Non- Councillor Members avoiding the gap immediately following the elections.
(b) In relation to the future arrangements for the appointment of Non- Councillor Members to the Standards Committee that there should not be a prohibition on the Non-Council Members serving for more than one term, but a Non-Councillor Member should not serve for more than two consecutive terms.
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(c) A person should not be appointed as a Non-Councillor Member who has been a Councillor of this Council and they ceased to be a Councillor on or since the day of the preceding ordinary elections; and
(d) A person should not be appointed as a Non-Councillor Member who is a relative or close friend of a current Councillor of this Council or of a person who has been a Councillor of this Council and they ceased to be a Councillor on or since the day of the preceding ordinary elections.
Ref: (Recommendations by Standard and Audit Committees, tabled)
8. Helensburgh & Lomond Area Committee 5 November 2002 9. Bute & Cowal Area Committee 5 November 2002 10. Mid Argyll, Kintyre & Islay Area Committee 6 November 2002 11. Oban, Lorn & The Isles Area Committee 6 November 2002 12. Public Services & Licensing Committee 7 November 2002 13. Audit Committee 8 November 2002
Arising from item 8 (Future Arrangements for the Audit Committee) the Council agreed the decision at 4(7) above as applicable also to the Audit Committee.
14. Strategic Policy Committee (Education) 14 November 2002
Arising from item 2 (Support for Pupils – Specialist Residential Placements 2002/2003) the Council agreed:
That the balance of the overspend on the Education Specialist Residential Placements Budget for 2002/2003 be met as a supplementary estimate from the Education Service’s National Insurance Savings.
Arising from item 3 (Kerrera Primary School) the Council agreed:
1. That Kerrera Primary School be closed permanently and the building be declared surplus to requirements.
2. That the delineated areas of Rockfield Primary School and St. Columba’s Primary School be adjusted to include the Island of Kerrera.
3. To seek the consent of the Scottish Ministers to adjust the delineated area of Rockfield Primary School as the number of pupils attending the school exceeds 80% of the capacity of the school.
Arising from item 4 (Capital Grants for Village Halls) the Council agreed to increase the capital budget for village halls by £30,000 in 2003/04 to assist Tiree Hall either by way of grant or as an underwrite against further fundraising by the Hall Committee.
15. Strategic Policy Committee 14 November 2002
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Arising from item 12 (Helensburgh & Lomond Area Strategy) the Council noted the Helensburgh & Lomond Area Strategy.
Arising from item 13 (Strathclyde Concessionary Travel Scheme), in addition to the matter considered by the Committee, the Council agreed to instruct the Director of Transportation & Property Services to act immediately to meet with Caledonian MacBrayne in relation to facilities for disabled people on the Gourock/Dunoon Ferry Service and to report back if possible before February 2003.
5. RACE EQUALITY SCHEME
The Race Relations (Amendment) Act 2000 and the Race Relations Act 1976 (Statutory Duties) (Scotland) Order 2002 requires the Council to comply with specific duties relating to the promotion of race equality and to develop a Race Equality Scheme (strategy and action plan) by 30 November 2002. An officer led Race Equality Group had been established and following discussion with this Group and an Audit of Services, a draft Race Equality Scheme had been produced for consideration by the Council.
Decision
Agreed to adopt and implement the draft Race Equality Scheme.
(Ref: Report by Head of Corporate Policy dated November 2002, submitted).
6. LOCH LOMOND AND THE TROSSACHS NATIONAL PARK TRANSFER ORDER
The Council considered a report which set out a list of properties to be transferred on the first tranche of property transfers to the National Park.
Decision
1. Noted that following consultation with the Leader, Depute Leader, Resources Spokesperson and the local Member, the properties listed at paragraph 3.2 of the Director’s report had been included in the list to be included in the Property Transfer Order.
2. Agreed to delegate the transfer of any other non controversial properties to the Director of Corporate & Legal Services, following consultation with the Leader/Depute Leader, Spokesperson on Resources and the appropriate local Member.
(Ref: Report by Director of Corporate & Legal Services dated November 2002, submitted).
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7. OPPOSITION TO ACTION AGAINST IRAQ – WEST DUNBARTONSHIRE COUNCIL RESOLUTION
The Council were invited by West Dumbartonshire Council to consider supporting a resolution passed by that Council at its meeting held on 9 October 2002 as follows:-
“1. This Council opposes any further military action by the British Government against Iraq and the Iraqi people.
2. A war will destabilise the region further and will intensify the suffering of millions of innocent people.
3. We call on the Government to use all its influence to seek a diplomatic Solution to the current crisis.
4. We further agree that the UN should be the organisation to lead the efforts to try and find a peaceful solution, which is acceptable to the full international community.
5. We also agree to circulate this motion to every Scottish Local Authority, all Scottish MSP’s and MP’s, seeking their support and endorsement.”
Motion
That the resolution by West Dunbartonshire Council be supported.
Moved by Councillor Hay, seconded by Councillor Cameron.
Amendment
That the Council agree to notify West Dunbartonshire Council that this Council support part (3) of the resolution by that Council.
Moved by Councillor Gillies, seconded by Councillor Webster.
The requisite number of Members required the vote to be taken by calling the roll, and Members voted as follows:-
Motion Amendment No Vote
Councillor Blair Councillor Banks Councillor R Macintyre Councillor Cameron Councillor Chennell Councillor Hay Councillor D Currie Councillor Kelly Councillor Findlay Councillor Morton Councillor Freeman Councillor McIntosh Councillor Gillies Councillor Stewart Councillor Kinloch Councillor Strong Councillor Latimer Councillor Marshall Councillor Macaskill
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Councillor MacDougall Councillor MacKinnon Councillor MacMillan Councillor McKinlay Councillor McKinven Councillor McQueen Councillor Petrie Councillor Robertson Councillor Scoullar Councillor Thompson Councillor Walsh Councillor Webster Decision
The Amendment was carried by 22 votes to 8 and the Council resolved accordingly.
(Ref: Letter dated 14 October 2002 from West Dunbartonshire Council, submitted).
8. QUESTION UNDER STANDING ORDER 15
In terms of Standing Order 15, Councillor Morton had submitted a Question for answer by the Housing, and Development and Environment Spokespersons. The Question and the written answer given are contained at Appendix 1 to this minute.
9. NOTICE OF MOTION UNDER STANDING ORDER 13: ARGYLL & CLYDE HEALTH BOARD
Notice of the following motion under Standing Order 13 had been given by Councillor Thompson, seconded by Councillor Stirling:-
“Given that Argyll and Bute Council enjoys corporate membership of the Argyll & Clyde Health Board, it should table criticisms of Health Board performance at a Health Board meeting through the Council’s Board Member and then allow the Health Board to respond to the criticism before the Council refers the criticism direct to the Minister for Health or to the media”.
Councillor Thompson intimated that he did not intend to move the motion. The motion was not moved and accordingly fell.
10. NOTICE OF MOTION UNDER STANDING ORDER 14: ARGYLL & CLYDE HEALTH BOARD
Convener William Petrie had declared an interest in this item of business, left the room during discussion of the item, and accordingly took no part in the discussion. Vice Convener Dugald MacKinnon took the Chair in the Convener’s absence.
In terms of Standing Order 14 the following Notice of Motion had been received for consideration at this meeting.
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Motion
In view of the recent closure of maternity (delivery) services, the threatened closure or reduction of other acute services, and the apparent absence of a credible plan for the future of the Vale of Leven Hospital, Argyll & Bute Council wishes to express its lack of confidence in the management of the Vale of Leven Hospital by the Argyll & Clyde Acute NHS Trust and calls on its Member on the Argyll & Clyde Unified NHS Board to raise this matter formally with the Health Board and the Chairman of the Acute Trust.
Moved by Councillor Thompson, seconded by Councillor Scoullar.
Amendment
That no action be taken on the Motion and that Argyll & Bute Council fully supports the urgent resolution by the Strategic Policy Committee on Thursday 24 October 2002, which highlighted serious concerns relating to the closure of the Maternity Unit at the Vale of Leven Hospital, and also the concerns of the general practitioners within the Helensburgh and Lomond Area on the management of health services by Argyll and Clyde Health Board within that area.
The Council also supports the call by the Strategic Policy Committee for the Health Minister to arrange for an urgent and detailed investigation to be carried out into the level and standard of services being provided to the public by Argyll and Clyde Health Board.
Moved by Councillor Freeman, seconded by Councillor Kinloch.
Decision
The amendment was carried by 16 votes to 12 and the Council resolved accordingly.
The Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the 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 8 and 9 respectively Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.
11. EDUCATION NPDO: CAPITAL FUNDING PROJECT: REVISED OUTLINE BUSINESS CASE
The Special Committee on the Education NPDO met on 26 November 2002 and agreed the re-scoped Outline Business Case, subject to a series of revisals, for submission to the Scottish Executive. The Committee further agreed that that decision be reported to this Council meeting for information together with the revised OBC as agreed by them.
Decision
Agreed to note the revised Outline Business Case submitted to the Scottish Executive.
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(Ref: Minute of Special Committee on Education NPDO of 26 November 2002 and revised Outline Business Case, tabled)
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Appendix 1 QUESTION SUBMITTED IN TERMS OF STANDING ORDER 15
By Councillor Morton answered by the Housing, and Development & Environment Spokespersons
1. (a) What Council account were bins for Council Houses paid from ?
(b) If a tenant buys a Council House has he also purchased the bin ?
(c) If a landlord like Dunbritton Housing Association has purchased the wheelie bins for tenants, is the Landlord now entitled to compost bins to give to the tenants ?
(d) If a landlord has not purchased wheelie bins, can he get these free for his properties ?
(e) Is one free special uplift available to those who have purchased a wheelie bin and compost bin and if so at what Council meeting was this agreed ?
Answer
(a) From both the Development and Environment Services and Housing Revenue Accounts. Originally in 1997, the HRA account paid for all the bins for Council housing in Helensburgh and Lomond, when the service was introduced there.
For the latest tranche of bins, this dates back to decisions by the Council at its Strategic Policy Committee in September 2001 that those on income support would have bins provided by Development & Environment Services, through funding from the successful European bid (up to £40,000 a year for two years) and to Area Committees in April 2002 that the HRA would pay for bins for tenants not on income support on a phased basis over two years. In effect this means that for housing tenants, Development & Environment Services and the HRA will pay 50% each for bins.
The decision on the Housing allocation of cost was taken following a remit from the Strategic Policy Committee in September 2001 meeting that the Director of Housing and Social Work consider the proposition that bins should be provided as part of tenancy agreements. This was agreed prior to the Area Committee reports in April this year.
(b) Yes. The bin is part of the purchase as the lease agreement indicates the landlord supplies a bin with the house.
(c) The tenant, as householder, would be the person to apply for and be given the compost bin, not the Housing Association.
(d) Again the householder would be the person to apply for and be the recipient of the bin.
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(e) No – it was considered at one stage, but the free issue of compost bins, on request this financial year, was the only concession agreed at the meeting on 12 November 2002 which approved the current position.
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ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of ARGYLL AND BUTE COUNCIL held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY, 19 DECEMBER 2002
Present: Convener William Petrie (Chair)
Councillor Robin Banks Councillor Robert Macintyre Councillor Campbell Cameron Councillor Dugald MacKinnon Councillor Brian Chennell Councillor Donnie MacMillan Councillor Paul Coleshill Councillor Donald McIntosh Councillor Robin Currie Councillor Alastair McKinlay Councillor John Findlay Councillor Gordon McKinven Councillor George Freeman Councillor James McQueen Councillor Ian Gillies Councillor Bruce Robertson Councillor Alison Hay Councillor Len Scoullar Councillor Donald Kelly Councillor Moyra Stewart Councillor Stanley Latimer Councillor John Stirling Councillor Bruce Marshall Councillor Isobel Strong Councillor Allan Macaskill Councillor Dick Walsh Councillor Alistair MacDougall Councillor David Webster Councillor Duncan MacIntyre Councillor Sheila Wilson
Apologies: Councillor Alasdair Blair Councillor Ellen Morton Councillor Douglas Currie Councillor Eric Thompson Councillor Ronald Kinloch
Attending: James McLellan, Chief Executive Nigel Stewart, Director of Corporate & Legal Services Archie Morton, Director of Education George Harper, Director of Development & Environment Services Alistair Gow, Director of Transportation & Property Douglas Hendry, Director of Housing & Social Work Danny Longwill, Head of Personnel Alasdair Bovaird, Head of Corporate Policy
1. DEPUTATIONS
The Council heard a deputation on behalf of the Trade Unions representing employees of the Council. The deputations comprised:-
Donald Brown, UNISON Douglas Mackie, Educational Institute of Scotland Peter Dunn, Transport General Workers Union
On behalf of the deputation, Messrs Brown and Mackie spoke on the What and How Review, which is dealt with at Item 2 of this minute, and conveyed the Trade Unions views about the recommendations contained in the report by Amey Local Government Consultancy.
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Having heard the deputation the Council, by 17 votes to 13 on a motion by Councillor Macaskill, seconded by Councillor Banks, adjourned until 12.15pm.
2. WHAT AND HOW REVIEW
The Council considered the final (Outline Business Case) report by Amey Local Government Consultancy together with an accompanying report by the Chief Executive and minute of meeting of the Employee Joint Consultative Committee (EJCC) held on 18 December 2002.
Motion
That the Council:-
1. Thank Amey Plc for their report and Outline Business Case arising from the “What and How” Review of Argyll and Bute Council.
2. Agree that the status quo within Argyll and Bute Council is not a sustainable option.
3. Agree to further consider the Report on an “in house” basis.
4. Values its staff and their commitment to public service and wishes to reassure them that the Council is committed to retaining service delivery in house as far as is possible.
5. Agree that the Statutory Head of the Council’s Paid Service continues to be designated as Chief Executive.
6. That a group of nine Members be appointed, one of which will be the Leader of the Council who will Chair the Group, to look into the reconstruction of the Directorate of the Council and to use the basis set out in the Appendix [to this minute] as a starting point for this discussion with a report back to the Council on 16 January 2003.
7. That the selection process thereafter for the Directors be in the first instance restricted to existing Directors with the Appointments Panel meeting not later than 28 February 2003.
8. Agree that a Member/Officer Group consisting of the Chief Executive and the Directors appointed in terms of paragraph 6 hereof, plus 3 other officials, together with 9 Members, one of which will be the Leader of the Council who will Chair the Group, be appointed to further consider the findings within the Report and report back to the Council with further recommendations as necessary.
9. To note the need to develop and approve the following strategic documents –
(a) Corporate Strategy (b) Information and Communications Technology Strategy
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(c) Human Resources Strategy
And that
(i) (a) above be submitted in draft to the Council on 13 February 2003 (ii) (b) above be presented to the Council for approval in the first half of 2003 (iii) (c) above be developed alongside the general change management programme that results from the Organisation Review and that a further report on how this will be done be submitted to a future meeting.
10. To note in respect of the Building Services DLO the decision of the Commercial Operations Board to endorse the proposal that an updated Business Plan be submitted to the March 2003 meeting of the Board; and to request that the Head of Facilities Management and the Board have regard to the recommendations from Amey when preparing and considering the report.
Moved by Councillor Macaskill, seconded by Councillor Banks.
Amendment 1
1. Given the importance that any restructuring has for council services, our current community partners and council employees, the Council does not accept the timetable set out in the report.
2. The Council recognises that determining the structure of council operations; implementing the recommendations of this report; and spending £1m to do so with little time for mature reflection as is left between now and April, would be unwise.
3. The Council would not accept the wholesale job losses, the wholesale privatisation by the back door and the anti public sector ethos that some might take from this report.
4. The Council accepts the need for long term change; however, though the report presents itself as an all or nothing document take it or leave it no “cherry picking”, the report is not accepted on that basis.
5. The Council directs the Chief Executive to produce a senior officer (ie, Directors and Heads of Service) response to this report to be tabled at the next Council meeting.
Moved by Councillor Coleshill, seconded by Councillor Hay.
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Amendment 2
That this Council instructs the Chief Executive, with the assistance of the six Directors, to report to the Council what steps are necessary to achieve the benefits of improved management and savings outlined by Amey. He should illustrate how joint working, with better interdepartmental communications will result in better services and savings. Further he should bear in mind the concern felt by members of the serious, and possibly, irreversible consequences of outsourcing council services.
Moved by Councillor Stirling, seconded by Councillor Marshall.
Amendment 3
1. That Argyll and Bute Council progress to complete a “Formula for Change”.
2. That the Council set up a Project Board comprising:-
A Key Champion Chairman Chief Executive Three Directors Two Union Members Leader Depute Leader Five Members to comprise: Alliance Leader Alliance Depute Three Other Members
3. The Project Board report to the Council on their proposals by February 28. The Board will have considered the outline business case and have advice on its implementation or an alternative structure to progress a “Formula for Change”.
Moved by Councillor Cameron, seconded by Councillor McIntosh.
Decision
1. The Motion received 18 votes, Amendment 1 received 6 votes, Amendment 2 received 2 votes and Amendment 3 received 5 votes.
2. The Motion having received an overall majority of the votes was carried and the Council resolved accordingly.
3. That the Policy Development Group established in terms of points 6 and 9 of the Council’s resolution comprising of 9 Members be, five from the Independent Councillors Group being Councillors Macaskill (Chair), Banks, Freeman, Gillies, MacMillan and Walsh and three from the Other Groups to be notified to the Director of Corporate & Legal Services.
(Ref: Final report by Amey, Report by Chief Executive, Questions and Comments from Workshops, submitted and Minute of the EJCC, tabled)
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4 APPENDIX TO MOTION
STRATEGIC DEVELOPMENT AND COMMUNITY SERVICES DEMOCRATIC SERVICES AND CHIEF EXECUTIVE INWARD INVESTMENT GOVERNANCE
- Economic Strategy - Schools - Democratic support Elections - HR (including Health and - Structure Planning and - Out of Schools - Business risk management Safety Environment - SEN - H&S Emergency Planning - IT/ICT - Strategic Transport and Infra- - Children’s Services - Disaster Recovery - Corporate Communications structure planning - Adults - Internal Audit - Research and Innovation - Asset Strategy (Post LSVT - Housing (pre LSVT) - Client side – contract design, - Corporate and Area Strategy investments) - Housing Core (post LSVT) management, monitoring and - Business Information - Strategic procurement - Area liaison enforcement - BV Quality and Performance - Development and Building - Joint care and health planning - Trading Standards - PI’s statistical returns Control - Strategic community services - Licensing - Facilities Management arts culture and leisure - District Courts - Amenity Services - Public Health Enforcement Page 17 - DLO/DSO - Property Management - Roads Transport Management - Maintenance and Repairs - Technical Services - Legal Services - Financial Services - Ctax, NDR Collection - Wages and Salaries - Office Services - Strategic Finance and Resources
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ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of COMMERCIAL OPERATIONS BOARD held in the COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on 21 NOVEMBER 2002
Present: Councillor Bruce Robertson (In the Chair)
Councillor Brian Chennell Councillor Len Scoullar Councillor James McQueen Councillor Eric Thompson
Attending: Stewart McGregor, Director of Finance Charles Reppke, Head of Democratic & Community Services Andy Law, Head of Property & Facilities Management Alan MacDonald, Head of Roads David Strong, Internal Audit Dave Sullivan, Finance
1. MINUTES
The minutes of the meeting held on 15 August were approved as a correct record.
The Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the public for the following 4 items of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraphs 1&9, 1&9, 1&9, and 1&9 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.
2. INTERNAL AUDIT – VALUE FOR MONEY REVIEW
It was reported that Internal Audit had undertaken a Value For Money Review of certain aspects of the Building Services DLO Service following the recent issue of a Business Plan for the period 2002/03 and beyond, and had highlighted a number of issues for management to investigate.
Decision
Noted the report
(Ref: Internal Audit Report – Building Services DLO, Property & Facilities Management Service, Transportation & Property Services Department, Value for Money Review dated October 2002, submitted).
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3. TRANSPORTATION AND PROPERTY DLO/DSO FINANCIAL POSITION AS AT 30 SEPTEMBER 2002
An update on the trading position of the various DLO/DSO’s within Transportation and Property Services, was submitted for consideration.
Decision
Noted the report
(Ref: Report by Support Services Manager dated 21 November, submitted).
4. AMENITY SERVICES DSO FINANCIAL POSITION AS AT 30 SEPTEMBER 2002
The Amenity Services DSO Accounts for the first six months of the financial year for 2002-2003, including the projections to 31 March 2003 was presented to the Board.
Decision
1. Noted the current financial position of the DSO Accounts.
2. Noted the various actions taken by the respective services in order to ensure prudent financial management is maintained and the rate of return achieved.
3. Noted the information from the Director of Finance that the Riverside Accounts will be considered as part of the Budget Monitoring Process.
(Ref: Report by Operations Manager dated 25 October 2002, submitted).
5. BUILDING DIRECT LABOUR ORGANISATION – FINANCIAL PERFORMANCE TO END OF SEPTEMBER 2002 AND FUTURE OPERATIONAL ISSUES
An update on the financial performance of the Building DLO for the first half of the financial year and recommendations on how the building DLO should operate in the future were considered.
Decision
1. Noted the current financial position
2. That monthly updates on the financial position be provided to the Chair of the Commercial Operations Board, Leader of the Council and Spokesperson for Resources.
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3. Noted the longer term issues outlined in the report.
(Ref: Report by Head of Property & Facilities Management dated 21 November 2002, submitted).
Comm board 21 nov
Page 22 Page 23 Agenda Item 4b
ARGYLL AND BUTE COUNCIL
MINUTES of SPECIAL COMMITTEE on EDUCATON NPDO held in KILMORY, LOCHGILPHEAD on TUESDAY 26 NOVEMBER 2002
Present: Councillor Dick Walsh (In the Chair)
Councillor Robin Banks Councillor Campbell Cameron Councillor Allan Macaskill Councillor Len Scoullar
Also Present: Councillor George Freeman Councillor Bruce Robertson Councillor Alison Hay
Attending: James McLellan, Chief Executive Nigel Stewart, Director of Corporate & Legal Services Archie Morton, Director of Education Stewart MacGregor, Director of Finance Mike Geraghty, Head of Service
Apologies: Councillor Ronald Kinloch
The Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the 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 8 and 9 respectively of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.
1. CAPITAL FUNDING PROJECT: REVISED OUTLINE BUSINESS CASE
Previously the Council on 3 October 2002 delegated powers to this Committee to approve the revised Outline Business Case for submission to the Scottish Executive and the schools to be included therein, and to progress procurement on behalf of the Council. The Committee considered the re-scoped Outline Business Case which was constructed to take account of the level of funding on offer from the Scottish Executive.
Decision
1. The Committee agreed the re-scoped Outline Business Case, subject to a series of revisals, for submission now to the Scottish Executive.
2. The Committee further agreed that this decision be reported to the Council on 28 November 2002 for information together with the revised Outline Business Case as agreed today.
(Ref: Report by Director of Education dated November 2002, submitted and Appendix, tabled).
Spec ed 26nov Page 24 Page 25 Agenda Item 4c Page 26 Page 27 Page 28 Page 29 Agenda Item 4d
MINUTES of MEETING of HELENSBURGH & LOMOND AREA COMMITTEE held in the PILLAR HALL, VICTORIA HALLS, SINCLAIR STREET, HELENSBURGH on TUESDAY, 3 DECEMBER 2002
Present: Councillor Kinloch (Chair)
Councillor Coleshill Councillor Stewart Councillor Freeman Councillor Stirling Councillor Latimer Councillor Thompson Councillor Morton Councillor Wilson Councillor Petrie
Attending: Charles Reppke, Head of Democratic & Community Services Howard Young, Senior Planning Officer Neil McKay, Planning Manager Alister MacKenzie, Area Roads Manager Gordon Sutherland, Area Amenity Services Manager Christine Johnston, Area Housing Manager Roy Alexander, Estates Surveyor Donald Mathieson, Head Teacher, Hermitage Academy
Under Section 14 of the Council’s Standing Orders the Chair agreed to consider an additional item as a matter of urgency due to the need to make a decision prior to the next Area Committee meeting. It was agreed to consider this item as Item 11 of the agenda.
Under Section 14 of the Council’s Standing Orders the Chair agreed to consider a Motion as a matter of urgency due to the need to make a decision prior to the next Area Committee meeting. It was agreed to consider this item as Item 12 of the agenda.
1. APOLOGIES
None.
2. DECLARATIONS OF INTEREST
Councillor Morton declared a non-pecuniary interest in Minute Item 9 and took no part in the discussion of this item.
3. APPROVAL OF PREVIOUS MINUTES
(a) Area Committee - 5 November 2002
The Committee approved Minutes of Meeting of 5 November 2002 as a correct record.
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(b) Site Visit - Heatheredge Cottage, Whistlefield, Garelochhead
The Committee approved Minutes of Site Visit of 5 November 2002 as a correct record.
4. DEVELOPMENT AND ENVIRONMENT SERVICES
(a) Tree Preservation Orders - MOD Update
A letter from the Scottish Executive giving an update on the legal restrictions on the imposition of Tree Preservation Orders on Crown Land was considered.
Decision
To note the contents of the letter.
(Reference: Letter dated 25 November 2002).
(b) Monthly List of Delegated Decisions by the Director of Development and Environment Services
Delegated decisions taken by the Director of Development and Environment Services with regard to planning applications and building warrants since the last Committee were submitted for information.
Decision
To note the contents of the report.
(Reference: Report by Head of Service – Development & Building Control dated 14 November 2002).
(c) Feedback of Customer Satisfaction regarding Development and Building Control Exit Questionnaires
A report indicating that under The Local Government Bill (Best Value Section) exit questionnaires had been issued with all planning application and building warrant decision notice. The type of survey in resource terms was relatively easy to implement and allowed for continuous feedback from a broad cross section of users of the Development and Building Control Services.
Decision
To note the contents of the report.
(Reference: Report by Head of Development & Building Control dated 6 November 2002).
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(d) Development Control Enforcement
A report setting out recommendations from a meeting held with the Head of Development and Building Control on Tuesday, 19 November 2002 was submitted.
Decision
(i) To note the contents of the report.
(ii) Agreed to replace “determined” with “recommended” in paragraph (e).
(Reference: Report by Director of Corporate & Legal Services dated 25 November 2002).
(e) Cardross Crematorium
A report informing Members of various improvements, scheduled for completion by 31 March 2003 at Cardross Crematorium, including the provision of an information brochure was considered.
Decision
To note the contents of the report.
(Reference: Report by Director of Development & Environment Services dated 21 November 2002).
5. TRANSPORTATION AND PROPERTY
(a) Winter Maintenance - Footways
A report advising Members of improvements made to the arrangements for winter maintenance of footways in Helensburgh and Lomond was considered.
Decision
To note the contents of the report.
(Reference: Report by Area Roads Manager dated 25 November 2002).
(b) Rural Transport Grant Expenditure
A report outlining proposals to be funded by the Rural Transport Grant allocated to the Council by the Scottish Executive and also to seek suggestions for new experimental public transport services from each Area Committee, was considered.
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Decision
(i) Agreed the use of Rural Transport Grant to provide an additional lunchtime bus service between Helensburgh and Succoth.
(ii) Agreed to submit, for evaluation, any further suggestions for experimental or enhanced public transport services that could be funded by Rural Transport Grant during financial year 2003/2004.
(iii) Agreed that the service be monitored for a period of six months and a report submitted on the level of usage.
(Reference: Report by Transportation Manager dated 25 November 2002).
6. EDUCATION
(a) Hermitage Academy - Standards and Quality Report
A report under the Education Scotland 2000 Act reporting on the Standards and Quality of Hermitage Academy was presented by Donald Mathieson, Head Teacher of Hermitage Academy, who also answered a number of questions on the performance of the school.
Decision
To note the contents of the report.
(Reference: Report by Director of Education dated 25 November 2002).
(b) Hermitage Academy - Security Review
A report by the Transportation and Property Services in relation to security issues at Hermitage Academy was submitted outlining investigations undertaken into security issues arising at Hermitage Academy.
Decision
(i) To note the contents of the report.
(ii) That the Directors of Education and Transportation and Property investigate methods of funding the required works and if necessary bring a report to the Strategic Policy Committee identifying any shortfall.
(Reference: Report by Area Property Officer dated 18 November 2002).
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(c) School Holidays and In Service Days 2003/2004
A report identifying school holidays and in service days for all schools in Helensburgh and Lomond in 2003/2004, was submitted for consideration.
Decision
To note the contents of the report.
(Reference: Report by Director of Education dated 25 November 2002).
7. HOUSING AND SOCIAL WORK
Exclusion of Press and Public The Area Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for the following item of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraph 2, Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.
(a) Provision of Furnished Accommodation for Homeless Applicants
A report providing details of proposals to increase the provision of supported, furnished flats to enable the Council to meet its obligation to provide temporary accommodation for homeless persons, was submitted.
Decision
Agreed to the recommendations contained within the report.
(Reference: Report by Area Housing Manager dated 18 November 2002).
8. CORPORATE AND LEGAL SERVICES
The Committee unanimously agreed that the following item of business be taken in public.
(a) Lease of Former Kirkmichael Community Centre
A report seeking approval to the grant of a twenty five year lease over the former Kirkmichael Community Centre, Buchanan Road, Helensburgh to the Kirkmichael Sports and Recreation Association.
Decision
(i) Agreed to the recommendations contained within the report, subject to the consent of the Scottish Minister.
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(ii) Agreed under Standing Orders 16.2.2 to release the £2,000 approved at the September Area Committee from Area Revenue Allocation 2002/2003 now given that there had been a material change of circumstances since that meeting.
(Reference: Report by Director of Corporate & Legal Services dated 31 October 2002).
(b) Events/Gatherings in Helensburgh and Lomond Area
The Head of Democratic & Community Services gave a verbal report and listed those events which had been submitted to him by Members.
Decision
(i) Agreed to note those events being specified by Members and to review the submission from Helensburgh and Lomond once the full list of events Argyll & Bute wide had been collated. The events specified being:-
Rosneath & Clynder Highland Games Cove Regatta Peninsula Festive Day Rhu Gala Day Luss Highland Games Arrochar & Tarbet Gala Day Rugby Club & Youth Tournament Helensburgh Festival Pipe Band Event Youth Football Tournament Cardross Gala Day
(ii) Agreed to give further consideration to events/gatherings at the next meeting.
(iii) To submit the list to the Policy Development Group subject to the terms of decision (i) above.
(Reference: Report by Director of Corporate & Legal Services dated 25 November 2002).
(c) Proposed Erection of Supermarket
A report advising Members of the decision, reasons and the implications that the recommendations of Reporter Alan Walker, endorsed by the Scottish Ministers, to refuse all three proposed developments would have on future development proposals.
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Decision
To note the contents of the report.
(Reference: Joint report by Chief Solicitor and Development Control Manager dated 29 November 2002).
9. BI-CENTENARY ACCOUNTS
A report outlining the successful Helensburgh Bi-Centenary event as organised by the Trust was submitted.
Decision
(i) To note the contents of the report.
(ii) Agreed that the Chair write a letter of thanks to all members of the Festival Committee.
(iii) Agreed to request the local press carry details of the Committee’s thanks in a future issue.
(Reference: Report by Chair of Bi-Centenary Committee dated 3 December 2002).
10. FINANCIAL ASSISTANCE TO OUTSIDE BODIES
A report of an informal meeting with regard to concerns expressed at the last Area Committee about an audit trail for events and festivals which receive financial assistance from the Council, was submitted.
Decision
To note the contents of the report.
(Reference: Report by Director of Corporate & Legal Services dated 25 November 2002).
11. ADDITIONAL ITEM
(a) Duchess Wood
The Chair reported that a letter had been received from the Lower Clyde Greenspace Group requesting the Area Committee to nominate a representative for the Duchess Wood Management Group.
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Decision
Agreed to nominate Councillor John Stirling.
(Reference: Letter from Lower Clyde Greenspace Group dated 3 December 2002).
12. URGENT MOTION
(a) Capital Receipts
In terms of Standing Order 14 the Chair agreed to take the following Motion as a matter of urgency to allow an immediate decision to be made.
Motion
The Council agreed that a share of Capital Receipts should be given to Area Committees and I have just been advised that the share to each Area Committee is £15,093. I move that these monies be spent on the purchase of chairs for the Victoria Halls, Helensburgh.
Proposed by Councillor Kinloch Seconded by Councillor Wilson
Decision
(i) Agreed that an amount sufficient to cover the cost of extending the Special Uplift Service in Rosneath and Peninsula for a further six months be transferred from Capital to Revenue.
(ii) Agreed that the balance be spent on the purchase of chairs for the Victoria Halls, Helensburgh.
(Reference: Motion by Councillor Kinloch dated 3 December 2002).
Page 37 Agenda Item 4e
MINUTES of MEETING of BUTE AND COWAL AREA COMMITTEE held in the EAGLESHAM HOUSE, MOUNTPLEASANT ROAD, ROTHESAY on TUESDAY, 3 DECEMBER 2002
Present: Councillor Walsh (Chair)
Councillor McQueen Councillor McIntyre Councillor McKinven Councillor Strong Councillor Marshall Councillor Scoullar
Attending: George McKenzie, Area Corporate Services Manager Eilidh Headrick, Area Committee Services/Information Officer Douglas Blades, Public Transport Officer Alan Lothian, Area Manager Roads Susanne Gilbride, Area housing Manager Kate Connelly, Principal Trading Standards Officer Lorna Whyte, Leisure Services Manager Phillip O’Sullivan, Senior Planning Officer Caroline Sheen, Trainee Estates Surveyor Ron Gould, Head of Support Services
Keith Robinson, Scottish Water.
1. Apologies
Councillor Currie Councillor Chennell
2. Declarations of Interest
None
3. Presentation on Consumer Fraud by Kate Connelly, Principal Trading Standards Officer
The Committee heard a detailed presentation from Kate Connelly, Principal Trading Standards Officer on Consumer Safety. She explained about the different kinds of consumer fraud and Trading Standard’s role in tackling this problem
There then followed questions from the members of the Committee.
The Chairman thanked Kate Connelly for taking the time to attend the meeting.
4. Rothesay Harbour Wave Reduction Scheme - Verbal Report by Representatives Scottish Water (if appropriate)
Keith Robinson of Scottish Water gave the Committee an update on the Rothesay Harbour apologising sincerely for the delay which had been caused by staffing problems.
The Members recorded their extreme concern about this matter and the completion of the works within this financial year but Mr Robinson explained that the works were top Page 38
priority and he aimed to have them completed in this financial year.
The Bute Members also asked about the Flood Prevention Measures and salt water leaks into the sewage system. Mr Robinson confirmed that the pumps were working satisfactorily and although he could not totally guarantee there would be no flooding they should cope adequately. He advised having a meeting on Thursday and would be able to give a detailed timescale on the harbour works after that and he invited local members that meeting. It was agreed that Councillors Macintyre and Strong would attend.
The Chair thanked Mr Robinson for his report.
5. Minute of Meeting
(a) Minute of Meeting of 5 November 2002
Councillor Marshall wished the minute to record that Scottish Water knew about the 35% budget cut for 6 months before informing the Area Committee.
Councillor Macintyre asked for the minute to record that he had given in his apologies for leaving the Area Committee on the 5th November to attend another meeting.
The minute of the Area Committee meeting of 5th November 2002 was approved as a true and correct record.
(b) Minute of Area Committee of 1 December 2002
Alan Lothian advised the Chair that the minute was incorrect in that the Ali Cat did berth at Dunoon pier but passengers were not allowed to board and it had to return to Gourock. This would have only added 30 min to their travel time and not 3 hours as stated.
The minute was amended accordingly.
The minute of the Area Committee meeting on 1st December 2002 was then approved as a true and correct record.
6. Caledonian MacBrayne Passenger Only Gourock/Dunoon Ferry Service
There followed a lengthy discussion regarding Caledonian MacBrayne Passenger Only Gourock/Dunoon Ferry Service. There was extreme concern raised regarding Caledonian MacBrayne’s refusal to meet the Area Committee in a public forum, although it was acknowledged they had said they would meet with the Area Committee. In light of this information the Area Committee agreed to meet with Caledonian MacBrayne management with no press and public present on either Monday 9th or Wednesday 11th of December 2002.
The Committee also recorded their dismay at the Depute Minister of Transportation’s comment on this problem and agreed that a letter should be sent to the First Minister expressing our concern and to request again that he meets with us and to assist with Page 39
resolving this problem. The Committee felt it was totally unacceptable that within the proposed Scottish Executive the consultative document regarding future ferry service provision contained a failure rate of 1.5% before Scottish Executive intervention yet to date the Ali Cat had failed on 12% of its operating runs and the Scottish Executive appeared not to be concerned with the matter.
7. Development and Environment Services
(a) Report on Feedback of Customers Satisfaction Regarding Development and Building Control Exit Questionnaires
A report was submitted advising the Committee of Customers Satisfaction Questionnaires.
Decision
The Area Committee:-
(i) Noted the information in the report. (ii) Commended the Senior Development Control Officer and his Department on their excellent performance indicators.
(Reference; Report by Head of Development and Building Control dated 6th November 2002 – submitted)
(b) Leisure Development Grants
The Area Committee considered and approved the under-noted Leisure Development Grants.
Applicant Project Cost Grant Awarded
Here We Are, Cairndow £3,500 £500
Bute Museum £4,000 £975
Councillor Strong asked that if there was any additional funding in this budget Bute Museum should be considered for additional grant aid.
(Reference; Report by Leisure Development Manager – submitted)
(c) Delegated Development & Building Control Decisions
The Area Committee noted delegated Development and Building Control decisions made since their last meeting.
8. Education
Page 40
(a) School Holidays and In-Service Days
The Committee considered a report outlining the School Holidays & In-Service Days for 2003/2004.
Decision
The Area Committee:-
(i) Noted the contents of the report and agreed the proposals. (ii) Requested that the agreed dates be circulated to schools and all relevant organisations.
(Reference; Report by Director of Education – submitted)
9. Transportation & Property
(a) Rural Transport Grant 2003/2004
The Committee considered a report concerning the Rural Transport Grant allocated to the Council by the Scottish Executive.
Decision
The Area Committee:-
(i) Noted the contents of the report and agreed the proposals. (ii) Agreed to submit suggestions for experimental or enhanced public transport services to the Director of Transportation and Property for inclusion on the Strategic Policy Committee in January.
(Reference: Report Client Operations Manager – submitted)
(b) Winter Maintenance 2002/2003 - Arrangements for Treatment of Footways
The Committee considered a report regarding the winter treatment of footways.
Decision
The Area Committee:-
(i) Noted the contents of the report and agreed proposals. (ii) Requested that all shopping areas in rural communities are taken into consideration within priorities.
(Reference; Report Area Manager Roads Services - submitted)
10. Meeting the Public's Changing Communications Needs - BT's Proposals to Reduce the Number of Payphones in Bute & Cowal
Page 41
A report was submitted advising the Committee of the removal of payphones in the Bute & Cowal Area.
Decision
The Area Committee:-
(i) Noted the report with concern. (ii) Agreed that the Area Corporate Services Manager should write to British Telecommunications advising them of their concerns about the removal of payphones which could lead to problems in contacting the emergency services through the 999 Service.
11. Finance
(a) Capital Receipts 2002/2003
A report was submitted to update the members on the amount of useable capital receipts available to the Area Committee following the decision on 20th September 2001.
Decision
The Area Committee:-
(i) Noted the information in the report. (ii) Decided to split the money between Cowal and Bute on a 60/40 ratio, proposals for the use of this funding to be brought to the next Area Committee meeting.
(Reference; Report by Head of Accounting dated 25th November 2002 – submitted)
12. Corporate & Legal Services
(a) Third Marquess of Bute's Silver Wedding Dowry Fund Application
The Area Corporate Services Manager submitted an application for the Bute Silver Wedding Dowry Fund.
Decision
The Committee approved the application.
EXCLUSION OF PRESS AND PUBLIC - MINUTES
The Area Committee resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the public for the following item of business on the grounds that it was likely to involve the disclosure of exempt information as defined in Paragraph 6 & 9 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.
Page 42
(b) Former Clyde Cottage Nursery, King Street, Dunoon
A report was submitted concerning the former Clyde Cottage Nursery, 27 King Street, Dunoon.
Decision
The Area Committee agreed the recommendation in the report.
(Reference; Report by Director of Corporate & Legal Services dated 12th November 2002 – submitted)
(c) Ardencraig Tearoom, Rothesay
The Area Committee considered a report concerning the lease of Ardencraig Tearoom.
Decision
The Area Committee agreed to the recommendations in the report.
(Reference; Director of Corporate & Legal Services dated 22nd November 2002 – submitted)
13. Housing & Social Work
(a) Provision of Furnished Flats - Housing (Scotland) Act 2001 - Homelessness Duties
The Committee considered a report on the provision of furnished flats in terms of the Housing (Scotland) Act 2001.
Decision
The Members approved the recommendations in the report with the revision suggested by Councillor McIntyre for Bute.
(Reference; Report by Area Housing Manager dated 18th November 2002 – submitted)
Page 43 Agenda Item 4f
MINUTES of MEETING of MID ARGYLL KINTYRE & ISLAY AREA COMMITTEE held in the THE TOWN HALL CAMPBELTOWN on WEDNESDAY, 4 DECEMBER 2002
Present: Councillor Donnie MacMillan (Chair)
Councillor Alasdair Blair Councillor Robin Currie Councillor John Findlay Councillor Alison Hay Councillor Donald Kelly Councillor Alastair McKinlay Councillor Dugie McKinnon Councillor Bruce Robertson
Also Present: Deirdre Forsyth, Area Corporate Services Manager Richard Kerr, Senior Planning Officer Ian Fawcett, Area Amenity Services Manager Feliccity Kelly, Community Education Roddy McDowell, Head of Lifelong Learning & Capital Resource Donnie McLeod, Area Manager, Transportation & Property Services Alastair Gow, Director of Transportation & Property Services Barry Johnston, Housing Officer Bruce Campbell, Senior Environmental Health Officer David Bertin, Lomond & Clyde Health Trust Sandy Taylor, Head of Public Protection Ann Muir, Social Work Stewart Green, Technical Officer, Development Control Martin Dunne, Scottish Water Duncan Aitken, Scottish Water Stewart Malcolm, Scottish Water
1. APOLOGIES
Apologies for absence were received from Angus Smith.
2. MINUTES OF MEETING OF 6 NOVEMBER 2002
The Committee agreed the minutes of 6 November 2002 as a correct record.
3. MINUTE OF MEETING OF 27 NOVEMBER 2002
The Committee agreed the minutes of 27 November 2002 as a correct record.
4. PRESENTATION BY DAVID BERTIN ON BEHALF OF ARGYLL AND BUTE HOSPITAL
David Bertin from the Argyll and Bute Hospital gave an interesting presentation on the outline business case for improvements to mental health services in Argyll, Bute and Lomond. This includes decentralising some services from Lochgilphead to various towns including Campbeltown, Islay and Jura. The plan is at a very early stage and the Committee thanked Mr Bertin for having an opportunity to input their views. Page 44
5. CAMPBELTOWN SEWAGE SYSTEM
The note and reports of meeting with Scottish Water to discuss Campbeltown Sewage System held on 19 November 2002 were discussed. A report by the Head of Public Protection was circulated.
Decision
1. Members noted and approved the action proposed by the Public Protection Service.
2. It was agreed that the Head of Public Protection write to Scottish Water expressing the Council’s concern regarding the ongoing problems with Campbeltown sewerage system and the need to expedite the search for, and commitment to, a solution for this problem in the near future.
3. It was agreed to invite SEPA and Scottish Water to the next meeting on 5 February 2003 to update the Committee on progress in regard to the Campbeltown Sewage system.
(Reference – Report by Head of Public Protection dated 4 December 2002)
6. PUBLIC QUESTION TIME
There were no questions from the public.
DEVELOPMENT AND ENVIRONMENT SERVICES
7. PLANNING APPLICATIONS
The Committee considered and dealt with applications for planning as detailed in the list below.
1. 01/01712/DET Scottish Water. Detailed. Construction of waste water pumping station, lay- by and ancillary works. Land South of Primary School at corner of road between Blackhill Wood and Bruce Cottage, Carradale.
Decision
That the application be approved subject to the standard time limit condition and reason and conditions and reasons contained in the report by Director of Development and Environment Services dated 11 November 2002.
2. 02/01526/DET Mr & Mrs Ross Jackson. Detailed. Erection of dwelling house and installation of septic tank. Plot north of Craigard, Ardfern.
Decision Page 45
That the application be approved subject to the standard time limit condition and reason and the conditions and reasons contained in the report the Director of Development and Environment Services date 14 November 2002.
3. 02/01612/DET Mr & Mrs Cook. Detailed. Erection of dwelling. Birkeneck, Hillside Road. Carradale.
Decision
That the application be approved for the following reasons:- The proposals involve an additional dwelling being served from a Private Way which would result in more dwellings being served than Policy TA 5 of the ‘Interim Development Control Policy Relating to Roads and Private Ways in Argyll and Bute’ would normally permit. However, in view of the fact that the applicant is prepared to make available land as part of the development to provide turning facilities for vehicles at the end of this Private Way, and despite the additional traffic which would be generated by this proposal, Members considered that provided such a turning area is secured by means of a condition, there will be a net benefit to users of this access. Consequently, Members considered that this would merit an exception being made to normal policy considerations, and that the development ought to be permitted as an exception to this non-statutory policy.
4. 02/01670/OUT B & H Developments. Outline. Erection of 5 dwelling houses. Land East of Lower Soroba, Ardfern.
Decision
That the application be approved subject to the standard outline conditions and reasons and the conditions and reasons contained in the report by the Director of Development and Environment Services dated 18 November 2002.
5. 02/01782/MIN Dunlossit Trustees Ltd. Mineral. Reinstatement of redundant section of quarry (incorporating revised access arrangements). Ballygrant Quarry, Ballygrant, Isle of Islay.
Decision
That the application be approved subject to the conditions and reasons contained in Supplementary Report 1 of 3 December 2002 and subject to the application being notified to the Scottish Ministers under the requirements of Circular 4/97, in order that they may decide whether it is necessary to ‘call in’ the application for their own determination. Page 46
The Committee also agreed that condition 4, detailed in the said report, should be amended to include a reference to the formation of a liaison meeting.
As arising from the decision the Committee also agreed that temporary 30 mph limits should be imposed for both Ballygrant and Keils, and that the Local Member should be consulted in connection with discussions with SEPA about licence conditions.
6. 02/01841/DET M & K MacLeod. Detailed. Erection of six dwelling houses and a biological sewage treatment plant. Land south of Tyanna, Tayvallich.
Decision
That a PAN 41 hearing be held on Wednesday 8 January 2003 at 1:30 pm in Tayvallich Hall when detailed planning permission will be considered as a ‘significant departure’ to approved Development Plan Policy, subject to: 1. The standard detailed condition and reason and the conditions and reasons set out in the report by the Director of Development and Environment Services dated 11 November 2002;
2. The application being referred to the Public Service and Licensing Committee for consideration as a ‘significant departure’ if the Area Committee is minded to support the application;
3. Any resolution to grant permission being notified to the Scottish Ministers, for them to consider whether it is appropriate that the application be ‘called in’ for their determination.
7. 02/01845/OUT Laura Elizabeth Gibson. Outline. Site for erection of a dwelling house and garage. Land between Corranbeg House and Ardfern Water Treatment Works.
Decision
That consideration be continued to a site inspection to take place on Wednesday 8 January 2003 at 10:00 am.
8. DELEGATED DECISIONS
The Committee noted the decisions issued by the Director of Development and Environment Services dated 21 October 2002.
9. REPORT ON FEEDBACK OF CUSTOMER SATISFACTION REGARDING DEVELOPMENT AND BUILDING CONTROL EXIT QUESTIONNAIRES
The Local Government Bill (Best Value Section) requires Council’s to comply with Ministerial Guidance and other relevant good practice guidance (the Best Value Task Page 47
Force Reports). The Best Value Task Force reports require Council’s to have a Performance Management and Planning Framework (P.M.P) which will include Stakeholder consultation.
Since 27 September 2001 the Department has issued exit questionnaires (written questionnaires) with every planning application and building warrant decision notice. This type of survey in resource terms is relatively easy to implement and allows for continuous feedback from a broad cross section of users of our Development and Building Control services.
It is pleasing to note that whilst the response rate from the exit questionnaire was not particularly high the feedback exhibited a very high level of satisfaction with a number of the aspects of the service we provide. This is good for those who use the service, and also very encouraging to all the staff of this unit who have put a sustained effort into improving our business systems and processing applications and warrants as effectively as possible.
Decision
1. Members noted the content of the report, in particular the high levels of satisfaction generated by feedback from the exit questionnaire.
2. Members noted the action plan for continuous improvements as suggested in comments from customers.
3. Members endorsed the Department’s recommendation to improve the response rate to customer consultation by investigating opportunities for using Council Web Site to develop customer feedback mechanisms.
10. VICTORIA HALL, CAMPBELTOWN - IMPROVEMENT PROJECT
This item was withdrawn.
TRANSPORTATION AND PROPERTY SERVICES
11. CONSULTATION WITH FERRY USERS - CLYDE HEBRIDEAN AND NORTHERN ISLES FERRY SERVICES
Members discussed the content of the consultation document.
Decision
The Committee agreed to recommend 3 levels of consultation; (a) a local committee similar to those which already exist for Islay and Jura, and for Mull at present; (b) 5 area committees based on the existing SSAC areas plus the Northern Isles, and with powers (c) and a Scottish Ferry Committee as described in the consultation document. Page 48
12. NOTE OF MEETING WITH BEAR
Members noted the minutes of the meeting with BEAR dated 6 November 2002.
Decision
The Committee agreed that there should be regular 6 month meetings with BEAR.
13. RURAL TRANSPORT GRANT EXPENDITURE 2003/2004
The purpose of the report is to put forward proposals to be funded by the Rural Transport Grant allocated to the Council by the Scottish Executive and also to seek suggestions for new experimental public transport services from each Area Committee. These will then be collated, evaluated and ranked against the available funding and presented to the Strategic Policy Committee for approval on 30 January 2003.
Decision
1. Members agreed the use of Rural Transport grant to provide the additional bus services as detailed.
2. Members agreed to submit to the Director of Transportation and Property Services for evaluation, any further suggestions for experimental or enhanced public transport services that could be funded by Rural Transport Grant during financial year 2003/2004 by 31 December 2002.
3. It was agreed to ask that consideration be given to the replacement of the service formerly provided by the post buses on Islay.
(Reference – Report by Director of Transportation and Property Services dated 4 December 2002)
14. WINTER MAINTENANCE FOOTWAY CLEARANCE
This report informs Members of the rationalisation of the procedures necessary to clear snow from footways within towns and villages of Mid Argyll, Kintyre and Islay.
Decision
Members noted the report.
(Reference – Report by Director of Transportation and Property Services dated 4 December 2002)
EDUCATION
15. UPDATE REPORT ON EDUCATION DEVELOPMENT GRANTS
The allocation for Educational Development grants for this financial year for Mid Argyll, Kintyre and Islay is £25,621.50. Additionally £2,500 was carried forward from last financial year. Page 49
Decision
Members noted the Education Development grant applications submitted and approved the types of grants allocated within this financial year and it was agreed that the overspend of £137 should be reimbursed from the Area Committee revenue budget.
(Reference – Report by Director of Education dated 4 December 2002)
16. SCHOOL HOLIDAYS AND IN SERVICE DAYS: 2003/2004
The Strategic Policy Committee at its meeting on 27 March 2002 agreed the framework of main holiday dates for schools in 2003/2004.
These dates were then circulated to schools and school boards who were consulted about the in service days and occasional day holidays to be incorporated into the agreed framework.
The final patterns of in service days and school holidays have now been identified for all schools in Mid Argyll, Kintyre and Islay and these are outlined in the report.
Decision
1. Members endorsed the final patterns of school holidays and in service days for all schools in Mid Argyll, Kintyre and Islay as outlines in appendices 1, 2, 3 and 4 of the report.
2. Members agreed that the details of school holidays and in service days for 2003/2004 should now be circulated to schools ands all relevant organisations.
(Reference – Report by Director of Education dated 4 December 2002)
CORPORATE AND LEGAL SERVICES
17. MINUTES OF KINTYRE INITIATIVE WORKING GROUP DATED 28 OCTOBER 2002
There were submitted and noted minutes of Kintyre Initiative Working Group dated 28 October 2002.
As arising therefrom it was agreed that a meeting with Highlands and Islands Airports Limited, and Argyll and the Islands Enterprise should be arranged for Tuesday 4 February 2003 at 2:00 pm in Kilmory.
The Transport spokesperson, Duncan McIntyre would be asked to attend along with Argyll and the Islands Enterprise the MP and MSP’s. The meeting will discuss opportunities at Campbeltown airport.
It was also agreed to recommend to the Strategic Policy Committee that appropriate action be taken to contact Defence Estates about the proposal to reduce the length of the Page 50
runway, pointing out the potential risk this would have on future use of the airport for training.
18. MINUTES OF MID ARGYLL PARTNERSHIP DATED 5 NOVEMBER 2002
There were submitted and noted minutes of Mid Argyll Partnership dated 5 November 2002.
19. MINUTES OF DALINTOBER/MILLKNOWE AREA DEVELOPMENT GROUP DATED 15 NOVEMBER 2002
There were submitted and noted minutes of Dalintober/Millknowe Area Development Group dated 15 November 2002.
20. LETTER FROM BRITISH TELECOM REGARDING REMOVAL OF PUBLIC PAY PHONES
A letter dated 4 November 2002 from British Telecommunications in connection with ‘Meeting the Public’s Changing Communications Needs’ was discussed.
Decision
It was agreed to request British Telecommunications that the following payphones be retained on the basis that there were single boxes in areas where there was either a poor mobile phone signal or a link into public transport.
1. Bus stop, Campbeltown Road, Tarbert 01880 820994
2. Lennox Street, Port Ellen 01496 302471
3. Outside Waiting Room, Main Street West, Inveraray 01499 302501
21. AREA PLAN AND BUDGET
Members discussed the Area Plan and amendments were agreed as detailed in Appendix 1.
The Revenue and Capital Budgets were also discussed.
A report on Capital receipts from the sale of assets was circulated. Page 51
Decision
A Revenue Budget
1. It was noted that the only item which was unlikely to be spent was the £2000 improvement to Patchan Cemetery.
It was agreed that alternative uses for this sum would be suggested by the Area Amenity Services Manager in consultation with the Local Member and approved by the Committee at their special meeting on 8 January 2003 immediately following the PAN 41 hearing in Tayvallich.
2. The Area Roads manager will supply the list of roads projects dealt with from the revenue budget of £43,120.
3. In regard to Campbeltown Airshow, it was agreed to transfer the grant to Campbeltown Common Good Fund to be retained in a ring fenced account so that assistance could be given to the Airshow in 2003 or 2004. If it is not required, the money will be reallocated to appropriate projects by the Area Committee.
B Capital Budget 1. It was noted that the footpath to Port Ellen Primary School would not go ahead and it was therefore agreed that the sum of £1,000 allocated to this project would now be spent on the formation of passing places on the Kintour to Ardtalla Road, Port Ellen.
2. In regard to the Bike and Skateboard Park, it was agreed to obtain advice from the Director of Finance about the payment of the grant to Campbeltown Community Council and to report thereon to the said special meeting on 8 January 2003.
3. In regard to the Junior Changing Facility, Campbeltown, it was noted that there were additional costs relating to piling. The Members expressed their full support for this project and agreed to consider whether to support this project with funding from the additional capital budget.
C Additional Capital Budget of £15,0 93
1. It was agreed to allocate one third to each area viz (a) Mid Argyll, (b) Tarbert and Kintyre including Gigha and (c) Islay, Jura and Colonsay. The Members will bring forward proposals to the special meeting to be held on 8 January 2003.
D Area Priorities It was agreed to advise the Chief Executive that the main priorities from the Area Plan taking one from each priority were as follows:-
1. Campbeltown and South Kintyre – Campbeltown Community Project
2. Partnership Projects - Argyll and Bute Sports Strategy which will lend weight to Mid Argyll Sports Trust.
3. Islay, Jura, Colonsay and Gigha - Bruichladdich Pier. Page 52
22. EVENTS AND FACILITIES PROJECT DEVELOPMENT GROUP
This report summarises the suggestions for consideration by the Events and Facilities Policy Development Group from Mid Argyll, Kintyre and Islay Area Committee.
Decision
It was agreed that the following major events in the three Mid Argyll, Kintyre and Islay areas should be recommended for support because all of them bring tourists to these small fragile communities and thus enhance the local economy:-
1. Kintyre Music Festival 2. Campbeltown Airshow 3. Gigha Music Festival 4. Tarbert Music Festival 5. Scottish Series, Tarbert 6. Tarbert Seafood Festival 7. Dalriada Revival Festival, Lochgilphead 8. Lantern Festival and Bonfire, Lochgilphead 9. Inveraray Highland Games 10. Feis Ile, Music Festival, Islay 11. Jura Music Festival Page 53
EXEMPT SECTION
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 they were likely to involve the disclosure of exempt information as defined in the appropriate paragraph of Part I of Schedule 7a to the Local Government (Scotland) Act 1973.
The appropriate paragraphs are:-
E1 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.
E2 Paragraph 2 Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority.
DEVELOPMENT AND ENVIROMENT SERVICES
23. ENFORCEMENT
Enforcement 99/00089/ENFOCC
Decision
To take no further action as recommended in the report.
(Reference – Report by Director of Development and Environment Services dated 18 November 2002)
HOUSING AND SOCIAL WORK SERVICES
24. REPORT REGARDING PROVISION OF FURNISHED FLATS - HOUSING (SCOTLAND) ACT 2001
This report provides members with details of proposals to increase the provision of supported, furnished flats to enable the Council to meet its obligation to provide temporary accommodation for homeless persons.
Decision
Members approved the recommendation contained in the report.
(Reference – Report by Area Housing Manager dated 4 December 2002) Page 54 Page 55 Agenda Item 4g
ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of OBAN, LORN AND THE ISLES AREA COMMITTEE held in the COUNCIL CHAMBER, MUNICIPAL BUILDINGS, ALBANY STREET, OBAN on WEDNESDAY 4 DECEMBER 2002.
Present: Councillor David Webster (Chairman) Councillor Robin Banks Councillor Campbell Cameron Councillor Ian Gillies Councillor Allan Macaskill Councillor Alistair MacDougall Councillor Donald McIntosh Councillor Duncan MacIntyre
Attending: Kenneth Macdonald, Area Corporate Services Manager Donald Kelly, Chief Solicitor Roy Alexander, Estates Surveyor George Harper, Director of Development and Environment Services Neil MacKay, Planning Manager John Maciver, Senior Development Control Officer Mike Hoare, Planning Officer Gwilym Gibbons, Development Manager, Corran Halls Iain MacKinnon, Senior Environmental Health Officer Carol Walker, Head of Early and Primary Education Alex Taylor, Area Service Manager, Social Work Neil Brown, Assistant Area Transportation Manager Derek White, Area Property Officer
The Chairman ruled, and the Committee agreed, in terms of Section 50B(4)(b) of the Local Government (Scotland) Act 1973 in terms of Standing Order 3.2.2, that item 16, which was not specified in the Agenda, should be considered at this meeting as a matter of urgency because of the need for a decision to be taken prior to the next meeting.
1. DECLARATIONS OF INTEREST
Councillor Campbell Cameron declared an interest in item 5 and took no part in the discussion thereof.
Councillor Ian Gillies declared an interest in item 8(3) and took no part in the discussion thereof.
2. MINUTES
The Committee approved the Minute of the meeting of the Area Committee held on 6 November as a correct record.
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3. AREA FUNDING MONITORING REPORT
The Committee considered a progress report advising of the current position in regard to expenditure on the projects previously identified in terms of the capital and revenue funding allocated to the Oban, Lorn & the Isles Area Committee for disbursement.
Decision:
Agreed:
(a) to note the report; and
(b) that the £7,000 (£2,450 capital and £4,550 revenue) available for reallocation be used for general scrub cutting, drainage and sight line improvements.
(Ref: Progress report as at 22 November 2002, submitted)
4. CAPITAL RECEIPTS RAISED FROM SALE OF ASSETS
The Committee considered a report dated 25 November 2002 by the Head of Accounting in regard to the amount of usable capital receipts, £15,093 available to the Area Committee for utilisation in 2002/2003.
Decision:
It was agreed:
(a) to allocate £14,000 for the supply and installation of fencing, lighting and security cameras at the Dunollie community pitch, with a report on the detailed costings to be submitted to the next meeting; and
(b) that the balance of funds be allocated at the next meeting.
(Ref: Report by Head of Accounting dated 25 November 2002, submitted)
Prior to consideration of the following item of business, Councillor Cameron, having earlier declared an interest therein, left the meeting and took no part in the discussion.
5. LOCAL RADIO LICENCE
The Committee considered, and noted, the terms of letter dated 7 October 2002 from The Radio Authority in regard to the award of the local radio licence to provide a service for the Oban area for a period of eight years from 15 July 2004.
6. APPLICATIONS FOR BUILDING WARRANTS AND RELAXATION OF THE BUILDING STANDARDS REGULATIONS
The Committee noted Building Warrants and Relaxation of the Building Standards Regulations in respect of which approvals had been issued since the last meeting.
(Ref: List of approvals dated 14 November 2002, submitted)
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7. DELEGATED DECISIONS
The Committee noted applications for planning permission in respect of which delegated decisions had been made since the last meeting was submitted and noted.
(Ref: List of delegated decisions dated 14 November 2002, submitted)
8. APPLICATIONS FOR PLANNING PERMISSION
The Committee considered and dealt with the following applications for planning permission: -
Ref. No. Narrative
1. 02/00975/DET ME Foundation – Proposed respite village: erection of 21 chalets and caretaker’s house / office – Land at Columba’s Bay, Barcaldine, by Oban. Approved, subject to (a) conditions nos. 1-7, 9 and 10 as set out in the report dated 11 November 2002 by the Head of Development and Building Control; and (b) the amendment of condition no.8 to read “The proposed external lighting of the development hereby permitted shall be angled downwards and carried out in accordance with the approved lighting plan (drawing nos. 02003E L(P) 02, 99040/P021) to the satisfaction of the Planning Authority, unless as otherwise agreed in writing with the Planning Authority.”
2. 02/01405/OUT K MacGregor – Outline application – Erection of a dwelling house and installation of septic tank – site south west of An t-Alltan, Glen Lonan, Taynuilt. It was agreed that consideration of this application be continued to allow a site inspection meeting to be held on Wednesday 8 January 2003 at 2.30pm.
Prior to consideration of the following item of business, Councillor Gillies, having earlier declared an interest therein, left the meeting and took no part in the discussion.
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3. 02/01433/OUT Iain and Mairi MacArthur – Outline application – site for the erection of a dwelling house – former Hyperfix Navigational site, Middleton / Sandaig, Isle of Tiree. It was agreed to recommend to the Public Service and Licensing Committee that this application be approved, subject to conditions to be determined by the Chairman, Vice Chairman and Councillor Cameron in consultation with the Director of Development and Environment Services, on the following grounds:
a) the identified site is a former military installation and still retains some of the characteristics i.e. cement, hard standings, excavated gravel base etc. The construction of a dwelling house in this area will therefore represent an environmental gain; and
b) the Argyll and Bute Structure Plan (November 2002) identifies Tiree as a future Argyll Isles Rural Development area. The proposal to provide a dwelling house in this location will further this objective, and, in particular, help to prevent population decline.
Accordingly it is considered that the proposal is consistent with the settlement pattern, and will not have an adverse environmental impact.
4. 02/01634/VAR Ennstone Thistle Ltd – Application for variation of CON condition 20 of consent reference 99/01121/MIN to allow the extraction of 85,000 tonnes of aggregate by road, Bonawe Quarry, Bonawe It was agreed (a) that consideration of this application be continued to allow the applicant to investigate road improvement issues; and (b) in principle, that subject to the foregoing information being available, a hearing be convened in the Corran Halls on Wednesday 5 February 2003 to allow this application to be determined.
9. FEEDBACK ON CUSTOMER SATISFACTION REGARDING DEVELOPMENT AND BUILDING CONTROL EXIT QUESTIONNAIRES
The Committee considered the report by Head of Development and Building Control in regard to feedback of customer satisfaction regarding Development and Building Control exit questionnaires
Members agreed to:
a) note the content of the report;
b) note the action plan; and to
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c) endorse the Department’s recommendation to improve the response rate to customer consultation by investigating opportunities for using the Council Web Site to develop customer feedback mechanisms.
(Ref: Report by Head of Development and Building Control dated 6 November 2002, submitted)
10. APPEALS TO THE SCOTTISH EXECUTIVE INQUIRY REPORTERS UNIT
Members were advised that appeals have been lodged with the Scottish Executive Inquiry Reporters Unit in respect of the Council’s refusal of the following planning applications:
Ref. No. Narrative
02/00160/DET Mr & Mrs R. Harper – Proposed culverting of a burn at Lataska, Polvinister, Oban. It was noted that as the appeal had been made outwith the statutory 6 month time period specified by the Planning Regulations, the appeal could not be accepted by the Scottish Executive.
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02/00961/DET Robert & Hilary Latimer – Detailed application – Erection of dwelling house on site of ruin – Jess Cottage, Toberonochy, Isle of Luing.
02/00962/DET Robert & Hilary Latimer – Detailed application – Erection of storage shed – Toberonochy Quarry, Isle of Luing.
02/01289/DET Robert & Hilary Latimer – Detailed application – Erection of shellfish storage shed – Land east of 28 Toberonochy, Isle of Luing.
Decision:
It was agreed that the Council’s response to Mr & Mrs Latimer’s appeals be made by way of written submission.
(Ref: Report by Director of Development & Environment Services dated 4 December, submitted)
11. APPLICATION FROM VOLUNTARY ORGANISATIONS FOR FINANCIAL ASSISTANCE UNDER THE LEISURE DEVELOPMENT GRANTS SCHEME.
The Committee considered applications from voluntary organisations for financial assistance under the Leisure Development Grants Scheme as follows:
Applicant Narrative Project Cost Decision
Oban Millennium Funding to offset loss £ 7,372 £ 907 Celebration incurred through the Committee staging of a Millennium event at the end of 2000.
(Ref: Report by the Development Manager, Corran Halls dated 21 November 2002, submitted)
12. SCHOOL HOLIDAYS AND IN SERVICE DAYS 2003/2004
Members considered, and approved, report by the Director of Education in regard to the pattern of school holidays and in-service days for all schools in Oban Lorn and the Isles as detailed in the report.
(Ref: Report by the Director of Education, submitted.)
13. RURAL TRANSPORT GRANT
Members considered proposals to put forward to the Strategic Policy Committee on 30th January 2003 to be funded by the Rural Transport Grant allocated to the Council by the Scottish Executive, and also to seek suggestions for new experimental public transport services.
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Decision
It was agreed to submit to the Director of Transportation & Property Services, for evaluation, suggestions for experimental or enhanced public transport services that could be funded by Rural Transport Grant during financial year 2003/2004 as follows:
Service Cost
(a) Ardrishaig / Lochgilphead and Oban £ 9,300
(b) Oban and Fort William Winter Service £ 8,500
(c) Oban and Gallanachmore £ 4,000
(d) Ferry Service – Tobermory and Kilchoan / Drimnin / Sunart £ 1,000
(e) West Highland Railway Line Timetable Improvements £ 3,000
(f) Oban and Easdale – Additional Services £ 8,000
(g) Oban and Perth – Summer coach service £ 7,600
(h) Luing ferry service enhancements £14,000
(i) Port Appin ferry service enhancements £ 7,000 ______£62,400
The Committee also requested that in considering the foregoing services due account be taken of the Inner Isles ferries timetable.
14. ROYAL MAIL – LOCAL SORTING ARRANGEMENTS
It was reported that Royal mail had not yet complied with a request to furnish the Area Committee with details in regard to the arrangements in place for sorting of local mail at the Oban Sorting Office.
Decision:
It was agreed that a meeting be arranged with senior representatives of Royal Mail to discuss this issue.
15. PUBLIC QUESTION TIME
Mr I MacDonald, North Asked if the Council had given permission to Ennstone Connel Thistle to extract in excess of the approved limit pending consideration of the planning application. He was advised by the Planning Manager that no such permission had been granted.
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Mr D Trigg, Ardchattan Advised the Committee, in regard to item 3, that the Community Council Community Council had made application for grant aid towards the Bonawe footpath and anticipated a response in Mid-January.
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Mr D Trigg, Ardchattan Expressed concern in regard to the placing of sand on the Community Council George Street beach in terms of the effect this would have on the habitat of turnstones.
Mr N MacKay Asked whether the post of “Roads Champion” had yet Oban Community Council been filled and was advised of the current position by the Director of Development & Environment Services
Mr H Powell, Connel Requested the support of the Area Committee in the Community Council Community Council’s campaign to urge Scottish Water to provide an enhanced sewerage treatment scheme in Connel. It was agreed to arrange a meeting with Scottish Water and the Scottish Environmental Protection Agency to discuss this issue.
Mr D Trigg, Ardchattan Expressed concern that no invoice had yet been received Community Council in respect of the provision of a seat at Benderloch. The Area Amenity Services Manager has requested to investigate and rectify the matter.
The Committee resolved in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the public from the following items of business on the grounds that consideration of these items was likely to involve the disclosure of exempt information as defined in Paragraphs 9 and 13 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.
16. NORTH PIER, OBAN
The Committee considered report dated 3 December 2002 by the Head of Legal Services in regard to a request from the developer of the North Pier property for the addition of the disabled parking spaces to the lease in order to comply with building regulations.
Decision:
Having heard the Building Control Officer it was agreed that two of the existing parking bays for the disabled at the North Pier car park should be exchanged with two of the standard bays adjacent to the site. It was further agreed that, since no parking charges are levied in respect of disabled bays, no charge would be levied against the developer in this regard.
17. DISPOSAL OF GROUND ADJACENT TO 23 DALINTART DRIVE, OBAN
The Committee considered report by the Director of Corporate and Legal Services dated 18 October 2002 in regard to disposal of ground adjacent to 23 Dalintart Drive, Oban
Decision:
Agreed to authorise the Director of Corporate & Legal Services to formally declare the area of ground surplus to requirement and to enter into negotiations with a view to the area of ground in question being sold on the basis of open market value.
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(Ref: Report dated 4 December by the Director of Corporate & Legal Services, submitted).
18. LEASE OF GROUND AT MIDDLE PIER, ISLE OF COLL
The Committee considered report by the Director of Corporate and Legal Services dated 4 December 2002 in regard to Lease of ground at Middle Pier, Isle of Coll
Decision:
Agreed to authorise the Director of Corporate & Legal Services to formally declare the area of ground surplus to requirement and to enter into negotiations with a view to agreeing suitable terms and conditions for the lease of the area of ground referred to on the basis of open market rental value.
(Ref: Report dated 4 December by the Director of Corporate & Legal Services, submitted).
19. HISTORIC SCOTLAND – LISTING OF PROPERTIES
The Committee considered, and approved, reports dated 6 and 19 November 2002 by the Head of Development and Building Control in regard to requests from Historic Scotland for the Council’s views on the possibility of listing two properties.
(Ref: Reports by Head of Development and Building Control dated 6 and 19 November 2002, submitted)
20. ENFORCEMENT ACTION
The Committee considered issues of enforcement action as follows:
Reference Decision
00/00125/ENFOTH Agreed that a further report be submitted to the next meeting.
02/00209/ENFMIN Agreed the terms of the report by the Head of Development and Building Control.
10 Page 65 Agenda Item 4h
ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of STRATEGIC POLICY COMMITTEE held in COUNCIL CHAMBERS on THURSDAY 12 DECEMBER 2002
Present: Councillor Allan Macaskill (In the Chair)
Councillor Robin Banks Councillor Duncan MacIntyre Councillor George Freeman Councillor Donnie MacMillan Councillor Ronald Kinloch Councillor William Petrie Councillor Dick Walsh
Attending: Stewart McGregor, Director of Finance Alistair Gow, Director of Transportation & Property Services George Harper, Director of Development & Environment Services Charles Reppke, Head of Democratic & Community Services Ian Love, Head of Statutory Plans Alan Miller, Principal Waste Management Officer
Also Present: Councillor Campbell Cameron Councillor Bruce Marshall Councillor John Findlay Councillor Gordon McKinven Councillor Alison Hay Councillor James McQueen Councillor Robert Macintyre
Apologies: Councillor Ian Gillies Councillor Alistair McKinlay Councillor David Webster
The Chairman ruled that the business dealt with at item 1 of this minute be taken as a matter of urgency by reason of the need to make revisions to the Provisional Budget Timetable.
1. REVENUE BUDGET 2003/4 AND THREE YEAR CAPITAL PROGRAMME
The Budget timetable which had provisionally been agreed by the Strategic Policy Committee in August required to be revised to incorporate a date for the Council Budget meeting.
Decision
That the following dates be included in the 2003/04 Budget Timetable: -
• 23 January 2003 – Budget Seminar for all Members • 30 January 2003 - Strategic Policy Committee Review Service plans, draft Revenue and Capital Budgets. • 13 February 2003 – Council Budget Meeting to approve Service Plans, Revenue and Capital Budgets.
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2. MINUTES
(a) The Minutes of the Strategic Policy Committee of 14 November 2002 were approved as a correct record.
(b) The Minutes of the Policy Development Group on Leisure Services Review/Campbeltown Community Project of 5 December 2002 were noted.
(c) The Minutes of the Policy Development Group on the review of Council Business of 5 December 2002 were noted.
3. DEVELOPMENT & ENVIRONMENT ISSUES
The Development & Environment Services Spokesperson, Councillor Robin Banks, submitted a report highlighting recycling improvements, the Blackhill recycling and civic amenity site in Helensburgh, recruitment difficulties in the Development & Building Control section, the publication of a discussion document regarding the Common Agricultural Policy, advising that the Argyll & Bute Structure Plan had become operational on 15 November and also on the progress of the Local Plan.
Decision
Noted.
(Ref: Report by Development & Environment Spokesperson dated 28 November 2002, submitted)
4. AWARDING EXCELLENCE IN SUPPORTING PEOPLE BACK IN TO WORK
The Committee had been invited to support the introduction of Awards for excellence in supporting young people & those in the 25 + age group back in to work in terms of the New Deal Scheme which has been operating since June 1999.
Decision
1 To congratulate the Environment Task Force on their work on this scheme and for the recent announcement that they had been short leeted for a COSLA award.
2 To note the contents of the report submitted and to support the introduction of awards for excellence in supporting people into employment on the basis of there being between one & four awards per year on a criteria of providing additional support for an employed trainee.
(Ref: Report by Director of Development & Environment Services dated 6 November 2002, Submitted)
5. REPORT ON FINAL MODIFICATIONS AND APPROVAL OF THE ARGYLL * & BUTE STRUCTURE PLAN
The Scottish Executive had, in a letter dated 14 November 2002, confirmed Ministers
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final modifications and rendered the Structure Plan operative from 15 November 2002.
Decision
1 To recommend that the Council notes the final modifications to the approved Argyll & Bute Structure Plan, adopts its policies wherever appropriate and implements its strategic thrust wherever practicable.
2 To recommend that the Council agree to a consolidated version of the Structure Plan being included in the Council’s website and for consumption by the public and users of the plan.
3 To recommend to the Council that it continues to prepare its Argyll & Bute Local Plan within the framework of this Structure Plan taking into account the finalised modifications.
(Ref: Report dated 3 December 2002 by Director of Development & Environment Services, submitted)
6. IMPROVING WASTE MANAGEMENT SERVICES – ACCESSING THE SCOTTISH EXECUTIVE’S STRATEGIC WASTE FUND
Recent guidance had been issued to Local Authorities by the Scottish Executive concerning the way in which funds can be bid for and drawn down from the Scottish Executive’s Strategic Waste Fund.
Decision
1 To note the guidance issued to Local Authorities and instruct the Director of Development & Environment Services to establish a working team to take forward the application process for accessing further support from the fund.
2 That prior to the formal application process to the Scottish Executive, Members are asked to approve the content of the application through a process of consultation with Area Committees and that a further report then be brought to the Strategic Policy Committee.
(Ref: Report by Director of Development & Environment Services dated 12 December 2002, submitted)
* 7. CHARGES FOR VARIOUS AMENITY SERVICES FUNCTIONS A request had been received to consider policy issues in respect of various Amenity Service Charges, in advance of the more general application of inflation rates which takes part in the latter stages of the budget process.
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Decision
1 To recommend that the fairground charges be set at: -
£200 per week (minimum charge) in respect of hire of ground for 7 days - up to 4 rides. £4 per stall per linear metre per week for hire of ground for 7 days – four to 6 rides. £4 per stall per linear metre per week for hire of ground for 7 days – more than 6 rides. £3 per stall linear metre per week for stalls/food vans for 7 days. £2 per linear metre per week for charitable organisation stalls on site for up to 4 days. (Charges not reflecting any charge for commercial refuse collection which will require to be calculated by identified needs)
2 To recommend that the following charges be applied in respect of disposing of scrap vehicles: -
1. No charge be made when the vehicle is brought to the site for disposal by domestic customers. 2. Where the vehicle requires to be uplifted, a charge of £40 be made to domestic customers and that the full cost of this service be applied to commercial customers. 3. When dealing with abandoned vehicles, the full cost should be sought from the last registered keeper whom failing, the landowner (where the land is not Council ground or private land which is not readily accessible) who should be charged a domestic rate (£40).
3 In respect of special uplift charges, it was agreed to continue with the present system (which will be reviewed as part of the 2003/4 budget process) but introduce a full cost recharge for commercial operators and to give area staff discretion to deal with uplift requests for DIY/construction waste from householders.
(Ref: Report dated 12 December 2002 by Director of Development & Environment Services, submitted)
8. RENEWAL & REPAIRS FUND – LANDFILL SITES
The actions taken to establish a Renewal and Repairs fund for landfill sites had been outlined and the contribution to the fund in 2001-2002 had been reported for approval.
Decision
1 To homologate the action taken to establish a Renewal & Repair fund for landfill sites.
2 To homologate the action taken to contribute the sum of £764,000 to the fund in 2001-2002.
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3 To agree to utilise the Renewal and Repair fund for landfill sites only to meet payments required under the Historic Contamination Fund established under the Waste Management Public Private Partnership (PPP) except that any surplus can be drawn and used to offset costs of repair and renewal of landfill sites generally.
(Ref: Report by Director of Finance dated 4 November 2002, submitted)
9 (a) REVENUE BUDGET MONITORING – CORPORATE OVERVIEW: SEPTEMBER 2002
The Committee had been asked to consider a report detailing the budget monitoring exercise for the period ended September 2002.
Decision
1 To note the budget monitoring report.
2 To instruct departments to contain expenditure within the amended budget.
(Reference – Report by Director of Finance dated 5 November 2002, submitted)
(b) EDUCATION DEPARTMENTAL BUDGETARY REVIEW – SEPTEMBER 2002
The findings of a review on the budgetary position and projected outturn variances of the Department arising from the recently completed budget monitoring exercise had been outlined.
Decision
To note the overall budgetary position and various matters identified in the submitted report.
(Ref: Joint report by Directors of Finance and Education dated 12 December 2002, submitted)
(c) HOUSING & SOCIAL WORK DEPARTMENTAL BUDGETARY REVIEW & PROJECTED OUTTURN VARIANCES – SEPTEMBER 2002
The findings of a review on the budgetary position and projected outturn variances of the Department arising from the recently completed budget monitoring exercise had been outlined.
Decision
1 To note the overall budgetary position and various matters identified within the submitted report.
2 To note that a report setting out potential options to address the pressures on the Childcare and Adult Placements was submitted to the Strategic Policy Committee on 3 October 2002.
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3 To note that a report on the implication for the Elderly placement budget will be submitted to the Strategic Policy Committee once guidance is received from COSLA and the Scottish Executive and the potential costs to the Council assessed.
4 To note that there are no changes to forecast net outturn.
(Ref: Report by Director of Housing & Social Work dated 12 December 2002, submitted)
(d) TRANSPORTATION & PROPERTY SERVICES DEPARTMENTAL BUDGETARY REVIEW – SEPTEMBER 2002
The findings of a review on the budgetary position and projected outturn variances of the department arising from the recently completed budget monitoring exercise had been outlined.
Decision
To note the overall budgetary position and various matters identified in the submitted report.
(Ref: Report by Director of Transportation & Property Services dated 12 December 2002, submitted)
(e) DEVELOPMENT & ENVIRONMENT SERVICES DEPARTMENTAL BUDGETARY REVIEW AND PROJECTED OUTTURN VARIANCES – SEPTEMBER 2002
The findings of a review on the budgetary position and projected outturn variances of the department arising from the recently completed budget monitoring exercise had been outlined.
Decision
1 To note the overall budgetary position and various matters identified within the submitted report.
2 To note the changes to forecast outturn and action already taken or proposed.
(Ref: Report by Director of Development & Environment Services dated 12 December 2002, submitted)
(f) CORPORATE & LEGAL SERVICE DEPARTMENTAL BUDGETARY REVIEW AND PROJECTED OUTTURN VARIANCES – SEPTEMBER 2002
The findings of a review on the budgetary position and projected outturn variances of the department arising from the recently completed budget monitoring exercise had been outlined.
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Decision
1 To note the overall budgetary position and projection outturn variances and various matters identified within the submitted report.
2 To note the changes to forecast outturn and action already taken or proposed.
(Ref: Report by Director of Corporate & Legal Services dated 12 December 2002, submitted)
(g) FINANCIAL SERVICES DEPARTMENTAL BUDGETARY REVIEW AND PROJECTED OUTTURN VARIANCES – SEPTEMBER 2002
The findings of a review on the budgetary position and projected outturn variances of the department arising from the recently completed budget monitoring exercise had been outlined.
Decision
To note the overall budgetary position and various matters identified in the submitted report.
(Ref: Report by Director of Finance dated 12 December 2002, submitted)
(h) CHIEF EXECUTIVE DEPARTMENTAL BUDGETARY REVIEW – SEPTEMBER 2002
The findings of a review on the budgetary Position of the department arising from the recently completed budget monitoring exercise had been outlined.
Decision
To note the overall budgetary position and various matters identified in the submitted report.
(Ref: Report by Chief Executive dated December 2002, submitted)
10. CAPITAL PROGRAMME 2002/2003: MONITORING REPORT AT 30 * SEPTEMBER 2002
It had been reported that the year to date expenditure is ahead of budget but is lower than the equivalent period for 2001/2002.
The Director of Finance then gave an oral report that, following a meeting with Directors earlier that week, further slippage from the Transportation & Property Services Budget had been identified of £1m due to projects which would be unable to be completed that had been included in the Capital Programme for 2002/03. The Director of Finance proposed that this money be included in the consent swap with East Renfrew Council.
7 Page 72
Decision
1 To note the financial position with respect to the Capital Programme as at 30 September 2002 and as outlined in appendix 1 of the submitted report.
2 To recommend to Council that approval is given to projects detailed in appendix 2 which were not originally included in the Capital Programme.
3 To approve a consent swap with East Renfrew Council for the final instalment of £1,600,000 received for Port Askaig Harbour improvements 2002/03 and others to ensure that no loss of consent arises; the consent being returned to this authority in 2003/04.
4 That the sum of £15,093 be made available to each Area Committee (being the proceeds raised from asset sales) with the instruction to submit projects for their areas based on the agreed criteria for capital expenditure.
(Ref: Report by Director of Finance dated 4 November 2002, submitted)
11. CAPITALISATION OF £600,000
It had been reported that it was no longer possible to capitalise the £600,000 of Roads revenue expenditure approved in August 2001. Alternative proposals for this sum had been outlined in the report submitted.
Decision
Agreed the revised options for achieving revenue savings and noted the effect on the revenue budget, capital programme and vehicle and plant fund.
(Ref: Report by Director of Finance dated 9 September 2002, submitted)
12. INTEREST ON OVERDUE SUNDRY DEBTOR ACCOUNTS
The Council now has powers to charge interest on overdue Sundry Debtor invoices in the case of companies. Although the Sundry Debtors system cannot easily cope with automatic charging of interest it had been recommended interest be charged in appropriate cases.
Decision
1 To agree to charge interest and set compensation in appropriate circumstances.
2 To delegate powers to the Director of Finance to determine when it is appropriate to charge interest to late payers.
3 To alter any future invoices issued to inform customers that interest and debt recovery costs will be applied where applicable.
(Ref: Report by Director of Finance dated 12 December 2002, submitted)
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13. COUNCIL TAX – ADVANCEMENT OF FIRST INSTALMENT DATE
It had been proposed that instalment dates which had previously been brought forward to 1 May be further advanced to 1 April for cash payers and a choice of 1 April or 15 April for Direct Debit payers with effect from April 2003.
Decision
1 To approve the bringing forward of the first instalment date for Council Tax to 1 April for cash payers and to 1 April or 15 April for Direct Debit Payers.
2 To continue to promote Direct Debit as the Council’s preferred payment method through a series of prize draws.
(Ref: Report by Director of Finance dated 5 November 2002, submitted)
14. EDUCATION FINANCE MONITORING GROUP
A joint report advising of the progress made by the Education Finance Monitoring Group had been submitted by the Spokespersons for Resources and Education.
Decision
To note the contents of the report.
(Ref: Joint report by the Education and Resources Spokespersons dated 12 December 2002, submitted)
15. CORPORATE GOVERNANCE/RISK MANAGEMENT
A formal assessment of business risks requires to be undertaken by the Council in accordance with Corporate Governance arrangements and it had been proposed that the services of the Council’s public liability & claims handlers be utilised to facilitate this exercise by creation of a formal Risk Register.
Decision
1 To employ the services of Risk Management partners together with Gallagher Bassett to facilitate a Risk Management exercise at a maximum total price of £12,000 plus outlays at a maximum £2,400.
2 That a supplementary estimate to the sum of £14,400 be charged to Sundry Services to cover this cost.
3 To approve a further contribution from the Insurance fund to the General fund to meet the cost of insurance premium being incurred in 2002-2003 of £14,400. This will ensure the supplementary estimate recommended above has no impact on the General Fund Reserve.
(Ref: Joint Report by Directors of Corporate & Legal Services and Finance dated 12 December 2002, tabled)
9 Page 74
16. HIGHLANDS & ISLANDS STRATEGIC TRANSPORT PARTNERSHIP (HITRANS) - CONSTITUTION
Approval had been sought for the Constitution of the Highlands & Islands Strategic Transport Partnership (HITRANS).
Decision
To approve the draft HITRANS Constitution as set out in the Appendix to the submitted report subject to the following amendments:
(a) Remuneration of Members of the Board shall only be met by the Partnership when Members are representing the Partnership in meetings with external organisations.
(b) Withdrawal from the Partnership by any Member shall require not less than 3 months notice.
(Ref: Report by Director of Transportation & Property Services dated 2 December 2002, submitted)
17. DRAFT REGIONAL TRANSPORT STUDY FOR THE HIGHLANDS & ISLANDS
The Committee had been asked to give consideration to the Draft Regional Transport Study for the Highlands & Islands prepared for the Highlands & Islands Strategic Transport Partnership (HITRANS) by Steer Davies Gleave.
Decision
To approve the draft strategy which will be taken forward by HITRANS, with reports being submitted to Member Authorities for approval as the strategy is further developed.
(Ref: Report by Director of Transportation & Property Services dated 22 November 2002, submitted)
18. HITRANS PUBLIC TRANSPORT FUND BID: OBAN INTEGRATED TRANSPORT INTERCHANGE
The Council’s success in the recent PTF Bid had been highlighted and agreement to the principle of the development of the Railway Pier in Oban to accommodate an integrated transport interchange, which would improve conditions for ferry, rail and bus passengers, whilst at the same time enhancing the Oban Waterfront had been sought.
Decision
1 To note the results of the recent PTF application for interchange funding, in particular the success of the Dunoon element which will bring improvements to the ferry/bus passengers as part of the overall pier development.
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2 To confirm agreement to the principle of the development of the Railway Pier area in Oban as an integrated transport interchange.
3 To authorise the Directors of Transportation & Property Services and Development and Environment Services to progress the matter on behalf of the Council.
(Ref: Report by Director of Transportation & Property Services dated 2 December 2002, submitted)
19. PUBLIC TRANSPORT CHALLENGE FUND BID: SMALL ISLANDS FERRY SERVICES
The Committee had been updated on the result of the bid to the Public Transport Fund for 2002.
Decision
To note the content of the report submitted and instruct the Director of Transportation & Property to continue discussions with the Scottish Executive with a view to gaining support from Integrated Transport Fund for the Islay - Jura and Lismore - Port Appin Services.
(Ref: Report by Director of Transportation & Property dated 20 November 2002, submitted)
20. CLYDE & HEBRIDES AND NORTHERN ISLES FERRY SERVICES: FUTURE CONSULTATION WITH FERRY USERS
The Scottish Executive had invited consultation on their proposals for future consultation with Ferry users and a draft response prepared by the Director of Transportation & Property Services had been submitted for approval.
Decision
To approve a response being sent to the Executive reflecting the views expressed in the “comment” section of the paper.
(Ref: Report by Director of Transportation & Property Services dated 2 December 2002, submitted)
The Committee resolved in terms of Section 50A (4) of the Local Government (Scotland) Act 1973, to exclude the public for the following three items of business on the grounds that it was likely to involve the disclosure of exempt information as defined in paragraphs 6 and 9, 6 and 9, and 12 respectively of part 1 of Schedule 7a to the Local Government (Scotland) Act 1973.
21. DUNOON PIER BREAKWATER: APPOINTMENT OF CONSULTANTS
The Committee had been asked to approve acceptance of a Professional Services Contract for the proposed breakwater development at Dunoon Pier.
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Decision
To appoint the consultants as recommended in the submitted report.
(Ref: Report by Director of Transportation & Property Service dated 2 December 2002, submitted)
22. PROPERTY MAINTENANCE CONTRACTS
The committee had been asked to approve the acceptance of multi - trade tenders in respect of the various locations in Argyll & Bute.
Decision
To appoint the contractors as detailed within the recommendations of the submitted report.
(Ref: Report by Director of Transportation & Property Services dated 4 November 2002, submitted)
23. DEMOLITION OF PROPERTY AT 48/52 EAST PRINCES STREET, HELENSBURGH
A report regarding the demolition of property at 48/52 East Princes Street, Helensburgh had been considered by the Committee.
Decision
To agree the recommendations as contained in the submitted report.
(Ref: Report by Director of Corporate & Legal Services date 5 November 2002, submitted)
Strat Poll 12 Dec 02
12 Page 77 Agenda Item 4i
ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of PUBLIC SERVICE AND LICENSING COMMITTEE held in THE COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY 12 DECEMBER 2002
Present: Councillor Stanley Latimer (In the Chair)
Councillor Campbell Cameron Councillor Alistair MacDougall Councillor John Findlay Councillor Gordon McKinven Councillor Bruce Marshall Councillor Moyra Stewart
Attending: Charles Reppke, Head of Democratic & Community Services Angus Gilmour, Head of Development & Building Control Sandy Taylor, Head of Public Protection
Also present: Councillor Donald Kelly Councillor Alison Hay Councillor George Freeman
Apologies: Councillor Bruce Robertson
The Chairman intimated that Councillor Donald Kelly who was not a Member of the Public Service & Licensing Committee had notified him that he wished in terms of Standing Order 22.1 to speak and vote on an item of business on the agenda. He confirmed that he would exercise his discretion to allow Councillor Kelly to speak and vote on the item of business which is dealt with at item 2 of this minute.
The Chairman intimated that Councillor George Freeman who was not a Member of the Public Service & Licensing Committee had notified him that he wished in terms of Standing Order 22.1 to speak and vote on an item of business on the agenda. He confirmed that he would exercise his discretion to allow Councillor Freeman to speak and vote on the item of business which is dealt with at item 4 of this minute.
1. MINUTES
The Minutes of the meeting of the Public Service and Licensing Committee of the 7 November 2002 were approved as a correct record.
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2. DONALD MCLEAN – DETAILED APPLICATION FOR ERECTION OF A BOAT SHED/GARAGE AND REMOVAL OF EXISTING STORE, DUNAVERTY SLIP, SOUTHEND (REFERENCE – 02/01614/DET)
The Mid Argyll, Kintyre & Islay Area Committee had referred the application to the Public Service & Licensing Committee in terms of the Council’s Scheme of Delegations with the recommendation that the application be approved as consistent with Policy.
Having heard from the Head of Development & Building Control in regard to the reports submitted, the additional representations received and the impact on the policy background from the adoption of the Argyll & Bute Structure Plan.
Motion:
That an informal hearing be convened.
Moved by Councillor Latimer Seconded by Councillor Marshall
Amendment
The applicant resides in an exposed coastal location where his personal circumstances and those of children in his care lend weight ot his desire to be able to securely garage a car. The applicant is unable to site a garage immediately adjacent to his home due to land ownership constraints, and a previous proposal to construct a garage of domestic proportions on the land in his control has been refused. This application now proposes a much larger scale of building, on the site of, and purposely designed to have an appearance similar to, the former lifeboat station; the skeletal remains of which still remain. Although visible in the landscape from a wide area, this design and proportion of building would not appear out of context at the head of the slipway, unlike the previous domestic scaled building. It is not considered that the proximity of this proposal with the scheduled area on the top of Dunaverty Rock is not so close that it would establish an unacceptable relationship visually between them, such as to seriously affect the setting of this monument. It is considered that the proposal would not give rise to an unacceptably adverse environmental impact upon the Mull of Kintyre regional scenic area or the setting of the scheduled Dunaverty Castle and I would ask that the application be approved as being consistent with Policies of the Argyll and Bute Structure Plan and Policies RUR1 & 2 and BE 1A of the Kintyre Local Plan.
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Moved by Councillor Kelly Seconded by Councillor Findlay
Decision
The amendment was carried 5 votes to 3 and the committee resolved accordingly and therefore agreed to notify the Scottish Ministers of the Council’s intention, and, in the event that the application is not ‘called in’ to remit conditions to the Head of Development & Building Control in consultation with the Chair, Vice-chair and local member.
(Ref. Report by Head of Development & Building Control dated 16 October 2002, submitted, Supplementary Report No. 1 dated 8 November 2002, submitted, Supplementary Report No. 2, submitted & Supplementary Report No. 3 dated 11 December 2002, tabled and recommendation from Mid Argyll, Kintyre & Islay Area Committee of 6 November 2002, submitted)
3. MR & MRS BROLLY: OUTLINE PERMISSION FOR ERECTION OF DWELLING, PLOTS 3, 2 & 4, TORREN FARM, FORD (REFERENCE – 02/01239/OUT, 02/01339/OUT AND 02/01370/OUT)
Mid Argyll, Kintyre & Islay Area Committee had referred the applications to the Public Service & Licensing Committee in terms of the Council’s Scheme of Delegations with a recommendation that the applications be approved as consistent with policy and also with the principles of PAN 36.
Having heard from the Head of Development & Building Control in regard to the reports submitted and the impact on the policy background from the adoption of the Argyll & Bute Structure Plan.
Decision:
To hold a site inspection with full powers to determine the application.
(Reference – Reports by Head of development & Building Control dated 11 and 14 September 2002 and recommendations from Mid Argyll, Kintyre & Islay Area Committee of 6 November 2002, submitted)
4. G MATHEWSON: VARIATION OF CONDITION APPLICATION: ERECTION OF GARAGE (REMOVAL OF CONDITION NUMBER 2 OF CONSENT NUMBER 02/00591/DET), HEATHEREDGE COTTAGE, WHISTLEFIELD (REFERENCE: 02/01413/BARCON)
The Helensburgh & Lomond Area Committee had referred the application to the Public Service & Licensing Committee in terms of the Council’s Scheme of Delegations with the recommendation that the application be approved as consistent with policies.
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Having heard from the Head of Development & Building Control in regard to the report submitted and the impact on the policy background from the adoption of the Argyll & Bute Structure Plan.
Decision:
To approve the application for the reasons stated in the recommendation from the Area Committee following a site inspection on 5 November 2002.
(Reference – Report by Head of Development & Building Control dated 16 September 2002 and recommendation from Helensburgh & Lomond Area Committee of 5 November 2002, submitted)
5. COLIN LINDSAY – MACDOUGAL: OUTLINE PERMISSION FOR ERECTION OF 5 DWELLING HOUSES SPECIFYING LAYOUT AND ACCESS: SOROBA ROAD, ARDFERN (REFERENCE: 02/01489OUT)
The Mid Argyll, Kintyre & Islay Area Committee had referred the application to the Public Service & Licensing Committee in terms of the Council’s Scheme of Delegations with the recommendation that the application be approved subject to the conditions contained within the submitted report being amended in regard to the pavement.
Having heard from the Head of Development & Building Control in regard to the report submitted and the impact on the policy background from the adoption of the Argyll & Bute Structure Plan.
Decision:
Agreed to grant outline planning permission as a “significant departure” under the requirements of the Town and Country Planning (Notification of Applications) (Scotland) Direction 1997, in order to afford an opportunity for consideration to be given as to whether it is necessary for the application to be ‘called in’ by the Scottish Ministers for their own determination.
(Reference – Report by Head of Development & Building Control dated 15 October 2002 and recommendation from Mid Argyll, Kintyre & Islay Area Committee of 27 November 2002, Submitted)
6. IAN AND MAIRI MACARTHUR: OUTLINE APPLICATION FOR ERECTION OF DWELLING, FORMER HYPERFIX NAVIGATIONAL SITE, MIDDLETON/SANDAIG, ISLE OF TIREE (REFERENCE: 02/01433/OUT)
The Oban, Lorn & the Isles Area Committee had referred the application to the Public Service & Licensing Committee in terms of the Council’s Scheme of Delegations with the recommendation that the application be approved as consistent with the settlement pattern and that this would not have an adverse environmental impact.
Having heard from the Head of Development & Building Control in regard to the report submitted and the impact on the policy background from the adoption of the Page 81
Argyll & Bute Structure Plan.
Motion
To refuse the application for the reasons outlined by the Head of Development & Building Control.
Moved by Councillor Bruce Marshall Seconded by Councillor Stanley Latimer
Amendment
To approve the application on the following grounds:
(a) the identified site is a former military installation and still retains some of the characteristics i.e. cement, hard stqandings, excavated gravel base etc. The construction of a dwelling house in this area will therefore represent an environmental gain; and
(b) the Argyll & Bute Structure Plan (November 2002) identifies Tiree as a future Argyll Isles Rural Development area. The proposal to provide a dwelling house in this location will further this objective, and, in particular, help to prevent population decline.
Accordingly it is considered that the proposal is consistent with the settlement pattern, and will not have an adverse environmental impact.
Moved by Councillor Campbell Cameron Seconded by Councillor Alistair MacDougall
Decision
The amendment was carried 5 votes to 2 and the Committee resolved accordingly and agreed to remit conditions to the Head of Development & Building Control in consultation with the Chair, vice-Chair of the Area Committee and Councillor Campbell Cameron.
(Reference – Reports by Head of Development & Building Control dated 19 & 22 November 2002 and recommendation from Oban, Lorn & the Isles Area Committee of 4 December 2002)
7. COSLA FIREWORKS TASKGROUP FINDINGS
The Committee had been updated on the findings of the Cosla Taskgroup charged with reviewing the existing controls in relation to fireworks.
Decision:
To note the outcome of the COSLA study.
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(Reference – Report by Head of Public Protection dated 25 November 2002, submitted)
8. AUDIT SCOTLAND REPORT: PERFORMANCE AUDIT OF ARGYLL & BUTE TRADING STANDARDS SERVICES
The Committee were updated on the findings of the report from Audit Scotland on the performance Audit carried out during January 2002.
Decision:
To authorise the Head of Public Protection to respond to the report, reflecting the comments noted in sections 6 & 7 of the submitted report.
(Reference – Report by Head of Public Protection dated 25 September 2002, submitted)
Page 83 Agenda Item 5
ARGYLL AND BUTE COUNCIL CORPORATE & LEGAL SERVICES 16 JANUARY 2003
ADMINISTRATION OF TRUST FUNDS MOORE’S MORTIFICATION FUND
1. SUMMARY
1.1 The Helensburgh and Lomond Area Committee agreed that the possibility of the transfer of the administration of the Moore’s Mortification Fund to the Cardross Trust be investigated. The Area Committee on 6 August 2002 agreed to instruct me to (i) ascertain from the Inland Revenue that the trust assets could be transferred to Cardross Trust and continue to be given exemption from tax; (ii) seek confirmation from the Lord Advocate that the procedure in terms of Section 10 the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 can be followed on the basis that the current income is less than £5,000; (iii) to confirm with the Cardross Trust their willingness to accept the transfer subject to them accepting any conditions with regard to the utilisation of the Fund the Council may deem appropriate and on (i), (ii) and (iii) being satisfied to refer to the Council for consideration.
2. MATTERS REQUIRING CONSIDERATION
2.1 The Council should consider as Trustees whether they are of the opinion that to enable the resources of the Moore’s Mortification Fund to be applied to better effect consistently with the spirit of the Trust deed they wish to resolve that the Trust assets be transferred or amalgamated with another Trust namely the Cardross Trust.
2.2 Prior to reaching that opinion the Trustees require to be of the opinion (a) that the purposes of the trust either in whole or in part have been fulfilled so far as it is possible to do so or can no longer be given effect to; or (b) that the purposes of the trust provide a use for only part of the property available under the trust; or (c) that the purposes of the trust were expressed by reference to an area which has ceased to have effect for the purpose described in the trust document or a class of persons or area which has ceased to be suitable or appropriate having regard to the spirit of the trust; or (d) that the purposes of the trust whether in whole or in part have been adequately provided for by other means or ceased to be such as would enable the trust to become a recognised body or ceased in any other way to provide a suitable and effective method of using the property available under the trust having regard to the spirit of the trust deed.
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If the Trustees are of such an opinion then they may determine in terms of Section 10 (2) of the 1990 Act that to enable the resources of the Trust to be applied to better effect consistently with the spirit of the trust deed that
(a) a modification of the trust purposes should be made; or (b) the whole assets should be transferred to another public trust; or (c) that the trust should be amalgamated with one or more public Trusts.
2.3 If the Trustees agree either to transfer the assets or amalgamate the trust with another trust they have to ensure that the purposes of the trust will not be so dissimilar in character to those of the trust to which the resolution relates as to constitute an unreasonable departure from the spirit of the trust deed. The Moore’s Mortification Fund is for the benefit of the poor of Cardross Parish. The Trustees will have to consider whether it is appropriate and not an unreasonable departure from the spirit of the trust deed to consider transferring the fund to a trust who administer funds for the same area as the Moore’s Mortification Fund and whose purposes include providing assistance financially or in any other way which may provide the material, social and intellectual welfare of the inhabitants of Cardross.
2.4 They must also have regard to the circumstances of the locality where the trust purposes relate to a particular locality, and obtain revenue clearance, and ascertain that the trustees of the trust with which it is either proposed to transfer funds or amalgamate are in agreement with the proposals.
2.5 To consider the matter of possible conditions on any transfer including those referred to in paragraph 4.5 below.
3. RECOMMENDATION
If the Council (as Trustees) are so minded they may wish to resolve in terms of the following resolution: -
The Trustees of Moore’s Mortification Fund, being a Public Trust having an annual income not exceeding £5,000.00, are of the opinion that the purposes of the Trust have been adequately provided for by other means and ceased in any other way to provide a suitable and effective method of using the property available under the Trust having regard to the spirit of the trust deed, and therefore resolve and determine in terms of Section 10 (2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 that, to enable the resources of the Trust to be applied to better effect consistently with the spirit of the trust deed, the whole assets of the Trust should be transferred to The Cardross Trust having (1) had regard to the circumstances of the locality of the Trust purposes for both Trusts, (2) having ensured that the purposes of The Cardross Trust are not so dissimilar in character of the Moore’s Mortification Fund as to constitute an unreasonable departure from the spirit of the Fund and (3) having received confirmation from The Cardross Trust that they are in agreement with the proposal and that it is also a charitable trust which has exemption from tax; and, accordingly, hereby resolve to transfer the trust assets of the Moore’s Mortification Fund to The Cardross Trust.
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Further the Trustees agree that (i) the resolution will have effect two months following the advertisement of the resolution as required in terms of Section 10 (12) of the 1990 Act and (ii) that they have considered their obligations in terms of Section 10 (9) (a) of the 1990 Act and Section 10 (9) (b) of the 1990 Act relating to exemption from tax and have obtained confirmation from the Inland Revenue that there will be continued exemption from tax and (3) that any liabilities of the Moore’s Mortification Fund will be met by the Cardross Trust. Confirmation of this has been obtained from the Cardross Trust
4. BACKGROUND
4.1 I have attached for information a copy of the report to the Helensburgh and Lomond Area Committee dated 6 August 2002, which details the background to the Moore’s Mortification Fund.
4.2 The Cardross Trust have confirmed they would be happy to accept the transfer of the Moore’s Mortification Fund if it was agreed by the Council to so resolve and have also confirmed that they hold charitable status.
The purposes of the Moore’s Mortification Fund is for the good and benefit of the poor of the Parish of Cardross in the Kingdom of Scotland to and for such of them as are between the Burn of Ackenfrao and the Keppoch.
The purposes of the Cardross Trust are to inaugurate, carry on or assist either financially or in any other way any scheme, purpose, society, or object which in the opinion of the Trustees for the time being may in any way promote the material, moral, social and intellectual welfare of the inhabitants of Cardross, without distinction of sex, political, religious, or other opinions and regardless of colour or disability and without any form of discrimination or in the improvement or preservation of its amenity and to undertake the custody of or help to develop any object or undertaking having similar objects.
4.3 The Charities Office has been consulted with regard to the proposed transfer. They have offered comments on the resolution, which have been taken into account and are reflected in the draft resolution.
4.4 If the Trustees agree to resolve to transfer the Fund then the proposal would require to be advertised by the Council and any variation would be effective if not challenged 2 months after the resolution has been properly advertised.
4.5 It is open to the Council, as Trustees, to agree to the transfer subject to conditions which the Council might wish to propose, and to which the agreement of the Cardross Trust would be required.
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The Members of the Council are the trustees of the Moore’s Mortification Fund. The Trustees of the Cardross Trust are the original grantors (or their successors) plus the local Parish Church Minister and a Trustee of Gielston Hall Trust. Vacancies in the Trust are filled by the Trustees assuming new Trustees, who must so far as possible be resident in or near Cardross and be interested in the community and life of the place.
It would be open to the Council to propose that in transferring the Fund to the Cardross Trust, it be a condition of transfer that either (or both) –
- the Trust deed provides for one of the trustees to be a local Councillor; and/or
- that in filling vacancies on the Trust, the Trustees advertise any such vacancy locally in order that persons in the community who may be interested have the opportunity of being considered.
5. IMPLICATIONS
Policy: None
Financial: If the Council resolve to transfer the assets then the Moore’s Mortification Trust Fund would pass to the Cardross Trust.
Personnel: None
Equal Opportunity: None
Nigel Stewart Director of Corporate & Legal Services
For further information contact: Sheila MacFadyen, Solicitor, Tel: 01546 604198
3102 Dec02
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ARGYLL AND BUTE COUNCIL HELENSBURGH AND LOMOND AREA COMMITTEE CORPORATE & LEGAL SERVICES 6 AUGUST, 2002
ADMINISTRATION OF TRUST FUNDS MOORE’S MORTIFICATION FUND
1. SUMMARY
1.1 At the Area Committee Meeting on 7 August, 2001 it was noted that the administration of Trust Funds were delegated to the Area Committee. It was also agreed that the possibility of the transfer of the administration of the Moore’s Mortification Fund to the Cardross Trust be investigated.
2. RECOMMENDATIONS
To instruct the Director of Corporate and Legal Services to:
2(1) Ascertain from the Inland Revenue that the trust assets could be transferred to the Cardross Trust and continue to be given exemption from tax.
2(2) Seek confirmation from the Lord Advocate that the procedure in terms of Section 10 can be followed on the basis that the current income is less than £5,000.00.
2(3) To confirm with the Cardross Trust their willingness to accept the transfer subject to them accepting any conditions in regard to the utilisation of the Fund the Members may deem appropriate and on (1), (2) and (3) being satisfied to refer the matter to the Council for consideration.
3. BACKGROUND
3.1 At the Area Committee on 7 August, 2001 a report was submitted outlining the requirement to put in place local administrative arrangements to allow the Area Committee to make decisions on the administration and disposal of Trust Funds and it was noted that the administration of the trust funds had been delegated to the Area Committee.
It was further agreed that the Director of Corporate and Legal Services investigate the possibility of the transfer of the Moores Mortification Fund to the Cardross Trust to administer and dispose of funds.
3.2 The Moore’s Mortification Fund was established in the seventeenth century for the good and benefit of the poor of the Parish of Cardross in the Kingdom of Scotland to and for such of them as are between the Burn
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of Ackenfroa and the Keppoch. The money £500 was originally left by Mrs Moore for these purposes and a small estate in Cardross was purchased and rents arising from it were used to relieve the poor. No records were kept until 1777.
Following the passing of the Poor Law (Scotland) Amendment Act 1845 the management of the fund passed at some point to Cardross Parochial Board, the Local Authority for Poor Law Purposes. In 1930 under the Local Government (Scotland) Act 1929 the fund passed to Dunbarton County Council which managed it through its Public Assistance Committee with the passing of the National Assistance Act 1948 which revoked the existing Poor Law and provided assistance in lieu thereof for the assistance of persons by the National Assistance Board and by Local Authorities. It also made further provision for the welfare of disabled sick, aged and other persons. Active management of the fund appears to have ceased and throughout the Local Government changes since the 1940s the money has lain almost unused. The value of the fund is £103,843.52. The annual income for 2001/02 is £4,328.89. In 2000/01 the income was £5,467.19. No payment has been made from the income since local government reorganisation in 1996.
3.3. The Cardross Trust purposes are to inaugurate, carry on or assist either financially or in any other way any scheme, purpose, society or object which in the opinion of the Trustees for the time being may in any way promote the material, moral, social and intellectual welfare of the inhabitants of Cardross or in the improvement or preservation of its amenity and to undertake the custody of or help to develop any object or undertaking having similar objects.
3.4 In terms of Section 10 (1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 where a majority of the Trustees of any public trust having an annual income not exceeding £5,000 are of the opinion
(a) that the purposes of the trust either in whole or in part have been fulfilled so far as it is possible to do so or can no longer be given effect to or (b) that the purposes of the trust provide a use for only part of the property available under the trust or (c) that the purposes of the trust were expressed by reference to an area which has ceased to have effect for the purpose described in the trust document or a class of persons or area which has ceased to be suitable or appropriate having regard to the spirit of the trust or (d) that the purposes of the trust whether in whole or in part have been adequately provided for by other means or ceased to be such as would enable the trust to become a recognised body or ceased in any other way to provide a suitable and effective method of using the property available under the trust having regard to the spirit of the trust deed
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then the Trustees may determine in terms of Section 10 (2) that to enable the resources of the Trust to be applied to better effect consistently with the spirit of the trust deed that
(a) a modification of the trust purposes should be made (b) the whole assets should be transferred to another public trust or (c) that the trust should be amalgamated with one or more public trusts.
3.5 If the trustees agree to either transfer the assets or amalgamate the trust with another trust they have to ensure that the purposes of the trust will not be so dissimilar in character to those of the trust to which the resolution relates as to constitute an unreasonable departure from the spirit of the trust deed.
3.6 They must also have regard to the circumstances of the locality where the trust purposes relate to a particular locality, and obtain revenue clearance, and ascertain that the trustees of the trust with which it is either proposed to transfer funds or amalgamate are in agreement with the proposals.
3.7 It is also necessary to consult the Inland Revenue to ensure that the trust could continue to be granted exception from tax if transferred to the Cardross Trust.
3.8 If Members are minded that any of (a) – (d) in Paragraph 3:4 apply and that to enable the resources of the Trust to be applied to better effect consistently with the spirit of the Trust deed then they can recommend that the trust assets be transferred or amalgamated with another trust if they are satisfied in terms of 3.5 and 3.6. It may be that Members are of the view that the state system for provision of benefits means that the purposes of the trust have been provided adequately for by other means. If such a recommendation was made then it would be necessary to consult the Charities Office and Inland Revenue and thereafter referred to the full Council for consideration of the proposals in order that it can decide whether to resolve accordingly as in terms of the delegation any resolutions required in terms of statute require to be made by the full Council. If the Council agree to resolve then the proposal would require to be advertised by the Council. The Lord Advocate can intervene during a 2 month period and prevent the transfer of assets if it appears to him that the proposed variation should not go ahead. Any variation would be effective if not challenged 2 months after the resolution has been properly advertised.
Policy: None
Financial: If the Council resolve to transfer the assets then the Trust Fund would pass to Cardross Trust
Personnel: None
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Equal Opportunity: None
SUSAN MAIR Head of Legal Services
For further information contact: Sheila MacFadyen, Tel: 01546 604198
SMcF/CM/9973(June02) Page 91 NOT FOR PUBLICATION by virtue of paragraph(s) 6 of Schedule 7A of the Local Government(Scotland) Act 1973
Document is Restricted Page 94 Page 95 Agenda Item 6
ARGYLL AND BUTE COUNCIL COUNCIL MEETING
CORPORATE AND LEGAL SERVICES 16 JANUARY 2003
ENTITLEMENT CARDS AND IDENTITY FRAUD
1. SUMMARY
1.1 Attached at Appendix 1 is a copy of the Executive summary of a Home Office Consultation Paper regarding the possible introduction of an entitlement card scheme in the UK. Although, following the 11 September 2001 terrorist attacks in the United States the Government was asked whether it was considering introducing identity cards, the Government is keen to make clear that any debate about identity cards should not centre exclusively on issues of national security and that more important are the issues of citizenship and entitlement to services.
1.2 This report provides some information about the options for an entitlement card scheme set out in the Consultation Paper (a copy of which is in the Members’ Room), and sets out a possible response if the Council wishes to make one. It does not cover all of the issues raised in the Consultation paper, but concentrates on those aspects most relevant to the provision of services by the Council.
2. RECOMMENDATIONS
The Council is invited to consider this report and consider whether it wishes to submit a response along the lines set out in this paper.
3. OPTIONS FOR AN ENTITLEMENT CARD SCHEME
The Government envisages that an entitlement card scheme would comprise –
C A central database covering all of the resident population of the UK holding core personal information commonly used by all service providers.
C Secure procedures for establishing entries on the central register and for keeping the information up to date so that people would not have to provide the same information time after time to different service providers.
C Links between the central register and information held on other systems by service providers so they could make efficient use of the information stored on the central register – designed so that information about specific entitlements were not made available to other service providers without consent.
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C Issuing of plastic cards to everyone on the central register – the cards might incorporate some information and features on a micro-chip (known as “smartcards”), providing a convenient way for people to prove their identity and their entitlement to services in some circumstances. In other circumstances, such as when services are provided over the telephone, the cardholder’s entry on the database would be the main way to prove identity and entitlement.
The Government invites views on the principle of establishing an entitlement card scheme as a more efficient and convenient way of providing services, tackling illegal immigration and illegal working and combating identity fraud.
Response
In principle, the implementation of a universal entitlement card for all UK citizens would be of benefit to the general public when accessing public services. The card could provide evidence of eligibility for a range of local authority services and could allow the Council to deliver its services more efficiently, effectively and allow databases to be kept up to date. The card would allow the public to prove their identity more easily and they would be able to provide information on a one off basis rather than having to supply the same information over and over again. The Council would welcome such a scheme particularly as a method of establishing identity more easily for the purposes of claiming Housing Benefit/Council Tax benefit. A unique personal identifier would provide a useful reference for tracking movements of people on the Council Tax register and strengthening the already established links between the Council Tax register, the Electoral Roll and registration of deaths.
Frequently, contact with the Council in relation to a variety of personal services is conducted over the telephone and as yet there is not a satisfactory stringent identity checking mechanism. The Council would welcome a mechanism whereby it could use the quotation of unique personal numbers as a “simple” identity check before disclosing personal information.
The Government invites views on –
- whether there should be one or more targeted entitlement card schemes and if so what sort of scheme(s) should be considered.
- whether the Government should implement a voluntary entitlement card scheme.
- whether the Government should implement a universal entitlement card scheme where –
(i) It would be a requirement that all lawful residents of the UK over a certain age register with a scheme and obtain a card.
(ii) Service providers would be free to decide whether or not to use the card scheme as the means to access their services.
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(iii) Service providers who did choose to use the card scheme would make the scheme the exclusive way to access their services (with exceptions for emergencies such as lost or stolen cards).
(iv) Some services would rely on the database which administered the card scheme rather than require production of a card if that was a more efficient and convenient way to provide the service.
Response
The success of an entitlement card scheme will depend on widespread acceptance and uptake by the public. The public must be convinced that the card is of value and that security and privacy issues are safeguarded. A card scheme which has links to a central database will initially be viewed as a threat to privacy and freedom. Although the Consultation Paper states that the card would not be compulsory, it may become necessary to have a card in future to access public services.
The Council’s preference would be for a universal scheme to improve its effectiveness and coverage. It would have to be low cost or free to members of the public otherwise it would penalise those who are less well off. There would need to be a simple and quick way of replacing lost/stolen cards. If the card is perceived of benefit it will eventually be carried by the majority of the population and will automatically become the easiest way of accessing public services. Introduction of the scheme on a voluntary basis would be preferable as a way of coping with such a large scale change.
The Government invites views on what powers there should be to require cards to be held in any universal scheme and what incentives and sanctions there could be to help ensure universal coverage.
Response
The Council favours the use of incentives in any universal scheme. Incentives depend on the number of uses of such a card – eg passport, driving licence, NHS card, other entitlements. The more uses of the card, the greater the incentive to obtain one. If it simplifies the process of applying for other things such as benefits or a library card, and for other non-public services such as a bank account, club membership etc. then demand for a card would rise.
If the Government decides to proceed with a universal scheme, the Council believes that this should be done initially on a voluntary basis allowing a period where card ownership would be voluntary or linked to the renewal of other documents such as driving licence or passport so that ownership would rise. There would then at some point in the future be a specified date by which everyone would be expected to obtain a card.
Eventually in a universal scheme the Council accepts there would need to be some sanctions for failing to obtain a card or keep information up to date. The sanctions would depend on the use of the card and in most cases would be denial of service. The Council believes that there should not be criminal sanctions in a UK scheme on the basis that denial of service would be
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sufficient means to ensure the cards were widely held in the context of the primary purpose of the card scheme being to prove entitlement rather than identity. Criminal sanctions would need to remain, of course, if the entitlement card was also to be used as, for example, a driving licence or passport.
The Government invites views on whether any entitlement card scheme should allocate a unique personal number to each card holder, what form any number should take and whether it should be incorporated onto the card itself.
Response
A unique personal number is essential if the widespread benefits of an entitlement card are to be gained in the widest context. IT systems could be designed to hold this number and for this eventually to become a key index. The number should be on the card – it needs to be known to the cardholder so that it can be quoted. Being shown on the card is the easiest way of achieving this as well as embedding it in any microchip. The current National Insurance Number has the widest coverage and is already used for tax purposes and for benefits and for access to other public services. There are, however, difficulties at present with the process of allocating National Insurance Numbers so that some people can end up with more than one NI Number. The Council agrees with the Government that it may be unwise to rely on a number where there are known problems with data quality as the basis for any new scheme and, because the scheme is likely to be implemented over a period of time, an altogether new number would be preferable.
4. POSSIBLE USES FOR AN IDENTITY CARD
The Government invites views from organisations providing services in the public and private sectors on whether they would like to link their services to a card scheme and what features they would want to see in a card scheme that would most benefit their services.
Response
The Council can see many uses for an entitlement card which would bring benefits to the customer and to the effective and efficient delivery of local authority services. Possible uses of the card could include –
C Benefit applications
C Council Tax identifier and Council Tax payments
C Electoral Registration and voting
C Accessing education
C Accessing Health Services
C Accessing leisure and library services
C A travel entitlement card
N 1412 – Entitlement Cards Page 99
C A proof of entitlement to various concessionary schemes
C Updating population database
C Proof of age
The Government seeks views on whether an entitlement card scheme would be a cost effective additional measure against identity fraud and related criminal activity such as money laundering.
Response
The Council considers that an entitlement card scheme would assist in establishing identity for various applications for public services by those who are legitimately entitled to apply for them, although it is recognised that best practice would not depend on an entitlement card alone in certain circumstances.
The Government seeks views on whether an entitlement card should be available to UK citizens in a form which allows it to be used as a more convenient travel document to Europe than the passport book.
Response
It is important to maximise the benefits for introducing an entitlement card, and this is a useful and attractive possible way.
The Government seeks views on whether an entitlement card would be an effective proof of age card, whether there should be a minimum age at which entitlement cards should be available and if so, what that age might be.
Response
For an entitlement card scheme to be an effective proof of age card, it would need to be available to young people at least as young as 16 years of age. There might, however, still be a need for other straightforward proof of age cards since young people might be reluctant to carry and rely on a “valuable” entitlement card (particularly if it were also a passport or driving licence) to gain entry to places where it might be lost or stolen such as pubs or clubs. If access is easy and cheap to an entitlement card, then it becomes a more effective proof of age card.
The Government seeks views on whether an entitlement card scheme would benefit the maintenance of the Electoral Register and facilitate new ways of voting.
Response
A card scheme could not itself substitute for voter registration because a person can have a number of addresses and is entitled to vote (depending on the Election) in different parts of the country from more than one address. However a card scheme might make the system more efficient in the sense of, with further development, allowing automatic transmission of changes of
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address to the Electoral Register. Any mechanism whereby change of address can be notified simply must be a step forward. But, as noted, a person’s address for electoral registration can be different from their address for Council Tax purposes and different again from their principal private residence for Income Tax purposes. An entitlement card could, however, be used to support new ways of voting, for example by making it easier to cast a vote at a polling station other than the designated one or (with further safeguards) by voting by telephone or on-line.
Views are sought on whether an entitlement card should display emergency medical information and/or act as a organ donor card and, if so, what sort of emergency information would be most useful to include.
Response
It would provide a sensible opportunity for individuals to enable medical information to be carried with them and available, for example, in the event of an accident. However, this should be entirely at the option of the cardholder.
5. COMBATING IDENTITY FRAUD
Identity fraud arises when someone takes over a totally fictitious name or adopts the name of another person with or without their consent. Some instances of identity fraud are recorded as other crimes – an example being the theft of a credit card, but when the stolen card is used, the thief is adopting the cardholder’s identity. The Government considers that the consensus is that identity fraud is increasing in the public and private sectors.
The Government invites comments on whether an entitlement card scheme should be based around a passport card and a photo driving licence (including a non-driving licence/entitlement card), and on whether having a family of cards rather than a single card would be helpful or confusing.
Response
Whilst a single card would be preferable, there is no particular difficulty with a family of cards provided there is sufficient commonality. Consideration should be given to issuing entitlement cards semi-automatically to young people when they are issued with a National Insurance Number, albeit that additional information may be required if the card is to be based on biometric information.
The Government seeks views on whether an entitlement card scheme should include the recording of biometric information with particular regard to the cost, feasibility and acceptability of the three most likely options (finger prints, iris patterns and facial recognition).
Response
If cards are to be effective against identity fraud, some level of biometric information must be recorded. Local authorities are used to providing easily accessible services on a local basis and could be partners in assisting access to individuals who might otherwise be disadvantaged.
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The Government seeks views on what benefits issuing an entitlement card as a smart card (ie with a microchip) would bring to cardholders, and whether the use of a smart card chip could be shared by a number of organisations.
Response
While a card based on smart card technology would be more expensive to produce, potentially the savings nationally in the public and private sectors could be significant in terms of increasing the range of services (at the cardholder’s discretion) which might be available from other organisations which the cardholder deals with by allowing that organisation access to certain categories of the information contained in the chip.
Views are invited on the different ways in which a card system could be used to help validate face to face, post, telephone and on-line transactions.
Response
For many transactions, the display of the card or quoting the unique personal identifier can be treated as sufficient proof of identity. Where higher standards of identity checking are required for post/telephone/on-line transactions, the difficulty is in not disclosing the identifier to a multiplicity of different organisations where security may be breached. Thus one single on-line authentication service is considered to be the most preferable.
The Government seeks views on what information should be held in any central register which might be used to administer a card scheme and what information should be displayed or stored on the card.
Response
Information held on the register should be: Name, date of birth, address, unique personal number, sex, photograph, digitised image of signature, validity dates, any biometric information.
It is important not to include information which changes too frequently, for example employment.
Nigel Stewart Director of Corporate and Legal Services
9 January 2003
N 1412 – Entitlement Cards Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Agenda Item 7b
ARGYLL AND BUTE COUNCIL
MINUTES of MEETING of the POLICY DEVELOPMENT GROUP ON THE WHAT AND HOW REVIEW held in THE COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on TUESDAY 7 JANUARY 2003
PRESENT: Councillor Allan Macaskill (In the Chair) Councillor Robin Banks Councillor Alison Hay Councillor Campbell Cameron Councillor Donald MacMillan Councillor George Freeman Councillor John Stirling Councillor Ian Gillies Councillor Dick Walsh
ATTENDING: Councillor Len Scoullar James McLellan, Chief Executive Alistair Gow, Director of Transportation & Property Services Stewart McGregor, Director of Finance Douglas Hendry, Director of Housing & Social Work George Harper, Director of Development & Environment Services Charles Reppke, Head of Democratic & Community Services Danny Longwill, Head of Personnel Services
The Committee resolved in terms of Section 50A (4) of the Local Government (Scotland) Act 1973, to exclude the 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 1 and 11 of part 1 of Schedule 7a to the Local Government (Scotland) Act 1973.
1. THE FUTURE OF THE ORGANISATION
The Chief Executive submitted a report on the future of the organisation which sought guidance from Members on a range of issues to take forward the action set out in the motion approved by the Council on 19 December 2002.
A wide ranging discussion on the issues highlighted by the submitted paper then took place.
Decision
To recommend to the Council:-
1. That the recommendations set out in Paragraph 10 (a) and (b) (Pages 2 & 3) of the Chief Executive’s Report be accepted and that appropriate budgetary provision be made as set out therein and spread out over the maximum number of years possible. (Note: In response to a question re maximum added years for pension purposes, it was intimated that this was 6 years)
2. That there be a Department of Community Services as outlined on Page 7 of the Chief Executive’s report with the addition, for the avoidance of doubt, of libraries to the list of functions. (Councillor Alison Hay did not agree to this proposal and stated that more work required to be done to demonstrate the business case and benefits from reducing the Directorate to the level outlined on Page 7)
Page 110
3. To note that a meeting with Union Representatives would take place on 15th January 2003.
4 That there be no external assessment of candidates for the posts of Strategic Directors as proposed by the Chief Executive.
5. The majority of Members favoured utilising internal personnel advice as opposed to the previous practice of an external adviser as recommended by the Chief Executive. The remainder proposed that there should be an external adviser.
6. That there be an appointments panel of 9 Members to be appointed by the Council on 16 January 2003 with powers to take forward the appointment of the new Strategic Directors.
7. a. The majority of Members present favoured Option B on pages 13 & 14 subject to looking at more detail in regard to the DLO/DSO location within the Directorate and the retention of Development and Building Control options within two of the suggested Directorates for fine tuning after Directors are appointed.
b. Councillor Dick Walsh favoured 3 Directors with the Chief Executive assuming a greater departmental operational responsibility.
c. Councillor Robin Banks favoured the structure set out on page 7 of the papers submitted which was that contained in the appendix to the resolution of the Council on 19 December 2002.
d. Councillors Stirling and Hay were not prepared to support any of the models outlined as they felt that insufficient time had been given to look at the models nor had any business case setting out the benefits for any particular model been advanced at the meeting.
8. The Chairman then moved to adjourn the meeting until 9.00am on Thursday 9 January 2003 to resume consideration of the proposed structure and the points in the Chief Executive’s note which had not yet been addressed.
(Reference: Report by Chief Executive, Paper from Councillor Walsh and Paper from Councillor MacIntyre (not considered), Submitted)
PDG 7 Jan Page 111
ARGYLL AND BUTE COUNCIL
MINUTES of RESUMED MEETING of the POLICY DEVELOPMENT GROUP ON THE WHAT AND HOW REVIEW held in THE COUNCIL CHAMBER, KILMORY, LOCHGILPHEAD on THURSDAY 9 JANUARY 2003
PRESENT: Councillor Allan Macaskill (In the Chair) Councillor Robin Banks Councillor Alison Hay Councillor Campbell Cameron Councillor Donald MacMillan Councillor George Freeman Councillor John Stirling Councillor Ian Gillies Councillor Dick Walsh
ATTENDING: James McLellan, Chief Executive Nigel Stewart, Director of Corporate & Legal Services Alistair Gow, Director of Transportation & Property Services Stewart McGregor, Director of Finance George Harper, Director of Development & Environment Services Archie Morton, Director of Education Danny Longwill, Head of Personnel Services
The previous meeting of the Group held on 7 January 2003 which had been adjourned now reconvened to consider questions/issues which still required to be considered.
The Group resolved in terms of Section 50A (4) of the Local Government (Scotland) Act 1973, to exclude the 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 1 and 11 of part 1 of Schedule 7a to the Local Government (Scotland) Act 1973.
1. MINUTE
The Group approved the minutes of their meeting of 7 January 2003 as a correct record.
2. THE FUTURE OF THE ORGANISATION
The discussion on 7 January 2003 had concluded, as noted in decision 7a of the minutes of that meeting, on the basis that a majority of Members present favoured Option B in the report by the Chief Executive subject to looking in more detail in regard to the location of DLO/DSO’s and the retention of Development and Building control options within two of the suggested Directorates for fine tuning after Directors are appointed.
Decision
1. The group resumed consideration of this matter by reference to a paper submitted by the Director of Transportation and Property Services and the majority of Members present favoured the structure which is appended to this minute subject to the following qualifications and notes of dissent:- Page 112
a) That while the distribution of functions envisaged in the appendix represented a basis for the appointment of Strategic Directors, certain functions including, for example, the location of Development and Building Control in Development and Transportation or in Corporate and Democratic Services, would be the subject of subsequent consideration as part of the further development work envisaged after the Directors were appointed.
b) Similarly, the nomenclature of the various Directorates might be the subject of subsequent revision.
c) Councillor Hay repeated her dissent (intimated on 7 January 2003) from this model on the grounds that the business case setting out the benefits of any of the models being considered had not been established.
d) Councillor Walsh dissented from the model particularly in relation to the proposed Combined Services Directorate.
e) Councillor Cameron dissented from the inclusion of IT within Corporate and Democratic Services, preferring it to be located with the Chief Executive’s.
2. The Group agreed the “advert” (Paragraph 4 and the associated Appendix 2 of the Chief Executive’s report) to recruit 4 Strategic Directors particularly in relation to clarifying the roles of the Chief Executive and the Strategic Directors and considered that at least the final two sentences in the “or” section be incorporated in the “either” section.
3. That person and post specifications be drawn up by the Chief Executive in light of the agreement on the preceding matter.
4 To recommend that with effect from the date of appointment, the salary level for the post of Strategic Director be fixed in future at 80% of that of the Chief Executive.
5. To recommend that the salary level for the Heads of Services in the eventual new structure will maintain the current percentage relationship by reference to the revised salary level for Strategic Directors.
6. That the budgetary provision for redundancies for severance/retirement be reviewed in light of the fact that the recommendation is to appoint 4 Strategic Directors and that the cost should be spread over the maximum number of years.
7. To recommend that there is a period of 4 months free from existing commitments for Strategic Directors to take forward development work including that envisaged in paragraph 11 of the Chief Executive’s report.
8. To acknowledge therefore that sufficient capacity must be retained in the organisation including the need to retain “unsuccessful Directors” until plans are agreed for transition.
9. That sufficient budgetary provision is made to support a change management programme. Page 113
10. The Group accepted that the following matters raised in the report by the Chief Executive would be considered as part of ongoing development/change management following the appointment of the Strategic Directors -
o High profile, more focused Member/Officer Leadership o Developing the changing role of the new directors and Chief Executive o The creation of a Customer Contact and Access Centre and the associated front office/back office change o The proposed creation of new posts of Area Manager - their role and relationships within the organisation o Achieving sustainable service delivery over the medium term within the context of declining resources o Forming a new basis for the relationship between senior officers and members - a joint change management development programme o Delivering on cultural change; joined-up working, removing the blame culture - improving the morale of the workforce o Working better in partnership with public agencies, voluntary sector etc. o Addressing the issues around strategic procurement, asset management, contract development o Scrutiny of SPC/Area Committee relationships o Role, number, remit of spokespersons.
The Chairman adjourned the meeting at 10.25am. The meeting reconvened at 11.15am in the absence of the Directors of Education and Finance. The Director of Housing & Social Work joined the meeting at this time.
11. The majority recommend that the Chief Executive and the 4 Strategic Directors be based (for work purposes) in Lochgilphead – Councillors Cameron, Gillies and Stirling dissented.
12. To recommend that the current conditions relating to residency in respect of the Chief Executive, Directors and Heads of Service be discontinued as a contractual requirement.
13. That all Members of the Group be invited to attend the meeting with Union Representatives on 15 January 2003 and that the following documents be made available for this meeting:-
a. Report by Chief Executive for meeting of the Group on 7 January 2003. b. Minutes of the Policy Development Group on the What and How Review of 7 January 2003 and 9 January 2003.
(Reference: Submission by Director of Transportation and Property Services, tabled)
PDG 9 Jan APPENDIX Chief Executive Development & Community Services Corporate & Democratic Combined Transportation Services Services
Human Resources Economic Development Education Services Public Protection Vehicle Maintenance & Tourism Corporate Policy Social Work Democratic Services Area Road Maintenance Statutory Plans Services INCL DLO Strategic Finance & Legal Services Budgeting *Development / building Residue of Housing Piers & Harbours Control Information Technology Community Planning Arts, Culture & leisure Ground Maintenance/ Transportation Strategy / Incl. Libraries Contact Centres Amenity Services Design Incl. DSO Financial Services - Page 114 Public Transport Council tax, wages etc Building Maintenance Incl air / ferry services INCL DLO Licencing Asset Strategy / Catering & Cleaning Property Design Services *Development/ building Services Control Flood Prevention / Home Care Services Coastal protection School Crossing Emergency Planning Patrols
Emergency Response NOTES
*Development/Building Control and certain other services including such as Emergency Planning, Health & Safety, Home Care to be subject to futher "fine tuning" consideration following appointment of Strategic Directors Page 115
CONFIDENTIAL NOTE
POLICY DEVELOPMENT GROUP - 7 JANUARY 2003
The Future of the Organisation Report by the Chief Executive
1. There is attached at Appendix 1, for ease of reference, the successful motion approved by the Council on 19th December 2002 as its response to the Amey report, which was before the Council that day.
2. In looking to take this forward, I have set out the issues I feel need to be addressed. The Amey report raised a number of matters that need to be tackled and questions which require to be answered, so that we can take the organisation and the community we serve forward with clarity of purpose. The Council decision – on the face of it – deals primarily with the structure of the Council though I appreciate that there is a level of thought behind this, which I was not party to.
3. For my own part, I wish to make it clear that the issue is as much about the culture of the organisation – if not more so – than it is about the structure. We did a structural reorganisation in 1997/98 but did not subsequently support this with a change management programme. What we did was ask fewer people to do better with fewer resources, the jobs previously done by a greater number. I do not recommend going down that road again simply putting the work of six directors on to three and expecting them to manage the change associated with that, take on a wider departmental role within the Council and improve service delivery at the same time without this being supported by a structured change management programme.
4. It is essential therefore that there is a clear understanding of what the expectations are of the Chief Executive, Strategic Director, Head of Service.
To help us get to that understanding, I have drafted, as a basis for discussion, an internal “advert” (Appendix 2), to set our context for service delivery, our aspirations for the area, our relationships with our partners, staff and the community. In the context of this “advert” and the later appendices, I have also brought out the points raised by Amey and which have not yet been answered, so that the Council understand the nature of the post of strategic director and their role in the development of partnership working with Councillors and as a background against which to assess applicants for the post of Strategic Director.
5. There is also to be developed and attached – Appendix 3 – which will be a draft specification for the post of Strategic Director. Obviously this will require to be adjusted in the light of discussions under the foregoing paragraph and the intention is it will be available for the meeting on 7th January 2003.
1 Page 116
6. There is also attached as Appendix 4, the allocation of services to Strategic Directors as outlined in the motion to the Council and which was to be taken forward as the basis for discussion along with a number of questions which I have in relation to the rationale behind this configuration.
7. There is included alternative structural models to demonstrate that there are a range of different approaches and to ensure that the one we choose fits as closely as possible to Argyll and Bute’s situation and the Council’s aspirations.
Again I would make the comment that these are very much at an overview level and have not been the subject of any discussion nor consultation with Directors and unions. Therefore while I am confident enough in them as a basis for discussion, they have not been through any rigorous examination in terms of a business risk assessment. I would reiterate the caution I expressed about going to a structural model without a rigorous review and the concern I have previously expressed to the Leader over this timescale to come up with a new structure within effectively four working days when the experience of other Councils has been to allow this in terms of months. The Amey proposal - in addition to the three months to prepare the outline business case – was also recommending a four month period for a full business case to test their outline proposals. The external auditor has expressed an interest in the process being followed and the planning regime behind it and I am keen to ensure that Members are aware of the magnitude of this move.
8. If however, Members still wish to move to recruitment on the basis of one of the models without going through a period of assessment, consultation and consideration, then I would suggest that there is some scope left to adjust the allocation of services in light of experience without the “boxes” being sealed into place.
9. In terms of recruitment, I recommend that the process to be followed be that all Directors be given the opportunity to apply for one/all (?) of the Strategic Director posts, that an assessment of each be carried out by ? on ? to assess their strategic abilities and that a report be submitted to the Appointments Panel on the following day. This report along with performance at interview would then be used as the basis for making the appointment or advertising thereafter on an open basis. In the past, the Council has felt that there was merit in having an external personnel adviser on the day of the interview and it is recommended that we appoint XXXXXXXXX for this purpose.
10. In respect of those Directors who decline to apply or are not appointed to the new Strategic Director posts and in the event of redeployment not being appropriate nor practicable I recommend that at an appropriate time (I will return to this later in paragraph 11) the following arrangements, which are the same as in the 1997/98 re- organisation, will apply:-
a. Directors over the age of 50 retire from the Council’s service in a redundancy situation with maximum enhancements and according to the provisions of the current legislation as adopted by the Council.
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b. Directors under the age of 50 would be made redundant with maximum enhancements. Outplacement support would be offered.
Consideration needs to be given to the salary points for Directors – both those leaving who previously had an expectation that the 80% relationship to the Chief Executive would have been implemented from 1st April 2002 and those who continue as Strategic Directors should, at a minimum, have this as a starting point.
Budgetary provision will require to be made for these redundancy costs and contribution to the Pension Fund. The range – depending on whether the appointments are internal or external and on who is appointed – is from £200,000 to £700,000 and it would be prudent to budget at the mid point of £450,000. In addition there will be an annual payment to the pension fund of between £9.000 to £25,000 [Note This requires to be formally considered in terms of the Audit Commission’s “Bye now Pay Later” report].
Heads of Service have not been mentioned in the motion but if there is an expectation of a reduction not yet quantified then some provision for redundancies/retirement should be made, amounting to £300,000.
The salary level for Heads of Service would also require to be reviewed to maintain the current relationship to Directors as would third tier officers, in any reallocation of responsibilities.
11. I mentioned earlier “the appropriate time” for retirals. I cannot currently indicate the most appropriate point for that. The timing depends on whether the appointments are internal/external though for the purpose of this I am assuming the appointments are all internal.
I believe the Strategic Directors should be given a period of four months free from their existing service responsibilities (this period takes account of the fact that the Director of Democratic Services and Governance could be involved with the election process) to:
• Review the scope of their new services • Identify the issues facing the service • Review with the Council and the Chief Executive the corporate plan and any consequential adjustments to it and their service plans • To bring together a plan and timescale for integration and delivery of the new services • To produce (corporately) a department structure • To undertake a business risk assessment of the proposals
During this time the Strategic Directors will require to build a relationship with Spokespersons and the role, number and remit of Spokespersons may require to be reviewed so that the interests are cotermimous.
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All the foregoing will affect retiral dates. It is essential that we retain sufficient capacity which could include the unsuccessful Directors continuing during this period to carry on “business as usual”, conclude statutory processes like closure of the accounts and continue to progress key strategic projects like the schools PPP and the Housing Stock Transfer and thus protect the public, staff and the Councillors by ensuring an orderly transition.
The appointment of the Strategic Directors is simply the start of a long process to change and develop the organisation and I would recommend budgetary provision of £100,000 to support this change management programme and to restore and rebuild staff morale.
12 Irrespective of who is appointed, the Directors should be based in Lochgilphead. This is essential to assist corporate working.
13 We will require to have Union consultation before the report of the PDG comes back to the Council.
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Appendix 1
The following motion was passed by a meeting of the full Council today. Further information on the amendments and the vote will be made available later today.
MOTION
That the Council:-
1. Thank Amey Plc for their report and Outline Business Case arising from the “What and How” Review of Argyll and Bute Council.
2. Agree that the status quo within Argyll and Bute Council is not a sustainable option.
3. Agree to further consider the Report on an “in house” basis.
4. Values its staff and their commitment to public service and wishes to reassure them that the Council is committed to retaining service delivery in house as far as is possible.
5. Agree that the Statutory Head of the Council’s Paid Service continues to be designated as Chief Executive.
6. That a group of nine Members be appointed, one of which will be the Leader of the Council who will Chair the Group, to look into the reconstruction of the Directorate of the Council and to use the basis set out in the Appendix as a starting point for this discussion with a report back to the Council on 16 January 2003.
7. That the selection process thereafter for the Directors be in the first instance restricted to existing Directors with the Appointments Panel meeting not later than 28 February 2003.
8. Agree that a Member/Officer Group consisting of the Chief Executive and the Directors appointed in terms of paragraph 6 hereof, plus 3 other officials, together with 9 Members, one of which will be the Leader of the Council who will Chair the Group, be appointed to further consider the findings within the Report and report back to the Council with further recommendations as necessary.
9. To note the need to develop and approve the following strategic documents –
(a) Corporate Strategy (b) Information and Communications Technology Strategy (c) Human Resources Strategy
And that
(i) (a) above be submitted in draft to the Council on 13 February 2003 (ii) (b) above be presented to the Council for approval in the first half of 2003 (iii) (c) above be developed alongside the general change management programme that results from the Organisation Review and that a further report on how this will be done be submitted to a future meeting.
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10. To note in respect of the Building Services DLO the decision of the Commercial Operations Board to endorse the proposal that an updated Business Plan be submitted to the March 2003 meeting of the Board; and to request that the Head of Facilities Management and the Board have regard to the recommendations from Amey when preparing and considering the report.
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APPENDIX TO MOTION
STRATEGIC COMMUNITY DEMOCRATIC CHIEF DEVELOPMENT SERVICES SERVICES AND EXECUTIVE AND INWARD GOVERNANCE INVESTMENT
- - Economic - - Schools - - - - HR Strategy - - Out of Democratic (including - - Structure Schools support Health and Planning and - - SEN Elections Safety Environment - - - - Business - - IT/ICT - - Strategic Children’s risk - - Corporate Transport and Services management Communicati Infra-structure - - Adults - - H&S ons planning - - Housing Emergency - - Research - - Asset (pre LSVT) Planning and Strategy (Post - - Housing - - Disaster Innovation LSVT Core (post Recovery - - Corporate investments) LSVT) - - Internal and Area - - Strategic - - Area Audit Strategy procurement liaison - - Client side - - Business - - - - Joint care – contract Information Development and health design, - - BV and Building planning management, Quality and Control - - Strategic monitoring Performance - - Facilities community and - - PI’s Management services arts enforcement statistical - - Amenity culture and - - Trading returns Services leisure Standards - - DLO/DSO - - Licensing - - Roads - - District Transport Courts Management - - Public - - Health Enforcement - - Property Management - - Maintenance and Repairs - - Technical Services - - Legal Services - - Financial Services - - Ctax, NDR Page 122
Collection - - Wages and Salaries - - Office Services - - Strategic Finance and Resources - -
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Appendix 2
“Advert” for Directors
Argyll & Bute Council covers a unique geographic area comprising a range of rural, island and urban communities. It extends to 7,000 square kilometres making it one of the largest Council areas in the UK. The geography makes transport and communications difficult and consequently the delivery of services, particularly to the more remote mainland and island areas, is more expensive and time consuming. It is one of the most sparsely populated local authority areas in Scotland. There is a net outward migration of young adults and the age profile is poor.
The Council, along with its Community Planning Partners and its staff, is determined to build a sustainable future for the area and turn the uniqueness of our geography, its rich biodiversity and cultural heritage to our advantage. In terms of service delivery the Council has recently undertaken a review and key challenges have been identified.
The Council’s response to this is to build over the next five years a council, which is: -
EITHER
"Argyll and Bute Council wants to become the best rural authority in Scotland. We have - with our partners - identified three priority themes for action:
Promoting health and well-being; Improving opportunities for learning, employment and skills development; Sustaining and developing our communities, culture and environment.
As a council we need to focus our attentions on the big picture: Argyll and Bute is an an area with unparalleled natural assets, but with significant economic and social challenges. Effective service delivery is vital, but so too is the ability to work effectively with partners in all sectors - locally, nationally and in Europe to promote the sustainable development of the area and to increase the capacity of Argyll and Bute Council as an organisation to deliver effectively on its priorities."
OR
"Argyll and Bute Council has faced a series of challenges over the years since its creation. It continues to do so. In order to succeed as an organisation it intends to focus its efforts on the delivery of quality services to its public. Delivery of services in Argyll and Bute is not easy: the area is geographically challenging, resources are under pressure and lines of communications are both long and thin. The organisation needs to turn around many areas of activity where - despite the best efforts of staff and management - there remain significant difficulties in achieving consistent levels of service. It also needs to build on areas where there have been real achievements and innovation in the delivery of service. The increased use of ICT, customer focused service delivery and locality-based action plans will feature in the success story that will be Argyll and Bute Council in 2010."
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The Council has clarified that the role of the Chief Executive is to:-
• Develop, lead and deliver an extensive change programme while ensuring a continued improvement in service delivery while progressing to a conclusion the Housing Stock Transfer and Schools PPP • Build on the existing Community Planning Partnership and develop with them objectives for the area and appropriate networks for the delivery of these. • Develop the Council’s relationship both within and outwith Argyll & Bute with leaders in the voluntary, business and political worlds.
To support the Council and the Chief Executive in this we are looking to appoint ? Strategic directors.
Job Descriptions will be developed.
The strategic directors are responsible for sharing the leadership in improvement and change management and supporting the corporate development of the council as outlined earlier. The strategic directors are also responsible for setting the key strategic direction for their services and for monitoring delivery against key performance targets (operational responsibility rest primarily with heads of service).
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Appendix 4 Organisation Review Thoughts arising from Council decision Structure The annex to the motion sets out a series of service areas within columns representing directorates. The contents of the columns are heavily influenced by the structure identified by Amey. (It has to be borne in mind however that in making their recommendation s Amey acknowledges that their overview had to be the subject of a Full Business Case) Some changes have been made to their structure and there is a need to ascertain the thinking behind this Development and Building Control has been moved into the Strategic Development section – although other regulatory functions that are currently within DES have been left within the Democratic Services structure. This return of Development Control goes against the one door approach to licensing recommended by Amey and seems to go against the thrust of designing services around the customer. Services identified by Amey as ‘non-core’ have been replaced into a departmental home broadly based on their current location. An alternative model would have been to take the Amey proposal and have a fourth Director in charge of the non- core services. Again, clarification of why this was rejected is sought. This is shown later as Model B. Other changes implied by Amey have been left as Amey recommended: e.g Emergency Planning remains within Democratic Services and Governance, as do Trading Standards and Public Health. In summary the variations from Amey’s proposals to the annex are as follows: Service area Amey Annex proposal Development and Building Control DSG SDI Facilities Management Non core SDI Amenity Services Non-core SDI DLS/DSO Non-core SDI Roads Transport Management Non-core SDI Health and Safety DSG Appears twice – DSG and CX Property Management Non-core DSG Maintenance and repairs Non-core DSG Technical services Non-core DSG Legal Services Non-core DSG Financial services Non-core DSG Page 126
Service area Amey Annex proposal Ctax, NDR collection Non-core DSG Wages and Salaries Non-core DSG Office services Non-core DSG Finance and Resources SDI (with DSG Procurement) (Procurement remains in SDI) HR Non-core CX IT/ICT Non-core CX PIs Statistical Returns DSG CX Partnerships CX Does not appear Observations Many of the labels incorporated in the Annex do not represent a single or complete bloc of service and thereby implies significant disruption to the ‘current’ running of the organisation; eg. economic strategy, strategic procurement. Some elements of uncertainty that existed within Amey’s proposals remain unresolved: e.g. the positioning of the public libraries. Mostly the removal of the separate non-core bloc has resulted in the units ‘returning’ to the successor to their current department. This is not universally the case, however – technical services sit within DSG rather than SDI and yet facilities management is in SDI. Likewise asset strategy is now separated from property management. In the Amey model - strategic procurement and strategic finance were grouped together. The title strategic finance has now gone from SDI to DSG --- should strategic procurement go there also or both into SDI? The client side in DSG was a significant role with the separation of non-core. Now this split disappears the scale of this role diminishes …… possibly disappears as the basis for it has gone. Detailed consideration will need to be given to where the statutory officer roles sit - eg. Social Work Officer, Finance Officer etc. Alternative models Obviously any number of alternative models could be produced. I offer two – which build on the current proposals. Model A seeks to ensure that (in the short term) existing services are not split, but otherwise to replicate the proposals in the annex. Model B comes closest to reflecting the themes set out in the Amey Report. In neither case should it be expected that the services would remain as they are indefinitely: rather that in the first instance services can be moved as a unit with subsequent changes fine-tuning the directorates to move closer to their intended purpose. In the interests of ensuring this happens the basic direction of subsequent Page 127
changes should be agreed at the outset with a timeframe for the changes to be implemented.
Model A Strategic Development and Economic Development, Tourism and Leisure Inward Investment Development and Building Control Statutory Plans Amenity Services Current Transportation and Property services (inc. DLO/DSO) Community Services Current Education Services Current Housing and Social Work Services Democratic Services and Public Protection Governance Democratic and Community Services Legal Services Accounting Services Financial Services Chief Executives Personnel Services IT Corporate Policy
Model B Chief Executives Corporate and Area Strategy Research and Innovation Best Value and Business Information Corporate Communications PI’s Organisational Development and Change Management Community Planning and Partnership Development Strategic Development and Economic Strategy and Development Inward Investment Strategic/Statutory Planning and Environment (including Development Control)* Community Planning Themes o Improving opportunities for learning, employment and skills development o Sustaining and developing our communities, culture and environment Transportation Infrastructure (Planning and Management) Asset Strategy Strategic Finance and Budgeting/Resourcing and Strategic Procurement Community Services Education and Lifelong Learning (Planning, Management and Delivery) Housing (Development/Policy and Management) – then Development/Policy post Housing Stock Transfer Page 128
Social Work/Joint Care/Health Planning (Planning, Management and Delivery) Arts, Culture and Leisure (including libraries) – (Planning, Management and Delivery) Amenity Services Community Planning Theme – Promoting Health and Wellbeing Democratic and Governance Democratic Support/Elections/Members Services Public Health Enforcement Trading Standards Building Contol (and Development Control)* Licensing Legal Services and District Court Risk Management/Internal Audit/Health and Safety Emergency Planning Support Services Facilities Management (including Property Maintenance and Management) Financial Services/Council Tax/Wages and Salaries Personnel IT DLO/DSO Issues A number of issues identified by Amey are not addressed in the Council decision and require to be answered to give clarity for the way ahead: • Establish a high profile, more focussed Member/Officer Leadership • The need for a fundamental change of role for the new directors and chief executive. • The creation of a Customer Contact and Access Centre and the associated front office/back office change • The proposed creation of new posts of Area Manager – their role and relationships within the organisation • Achieving sustainable service delivery over the medium term within the context of declining resources • Forming a new basis for the relationship between senior officers and members – a joint change management development programme • Delivering on cultural change: joined-up working, removing the blame culture – improving the morale of the workforce • Working better in partnership with public agencies, voluntary sector etc. • Addressing the issues around strategic procurement, asset management, contract development. • Scrutiny of SPC/Area Committee relationships. Page 129
If the proposal set out in the council resolution is pursued on a simple basis (i.e. changing lines of accountability and units of management but without any change in the expectations placed on the roles of directors etc) then it will be doomed to failure. Widening people’s span of control without adjusting the expectations of the role is not sustainable. The role of Chief Executive and Directors needs to be based on them being the strategic leadership of the council’s paid officials. It should not be the job of directors to ensure that letters are answered timeously, nor is it the job of the chief executive to ensure that the directors are ensuring that letters are answered. If responsiveness to public enquiries is an issue that concerns councillors (and it may well be) then this should be addressed through the creation of appropriate monitoring systems and reporting. A move towards the CCAC as described by Amey would deliver some of this type of information.
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STRATEGIC DIRECTOR
LOCHGILPHEAD SALARY £………………
Argyll & Bute Council covers a unique geographic area comprising a range of remote rural, island and urban communities. It extends to 7,000 square kilometres making it one of the largest Council areas in the UK. The geography makes transport and communications difficult and consequently the delivery of services, particularly to the more remote mainland and island areas, is more expensive and time consuming. It is one of the most sparsely populated local authority areas in Scotland. There is a net outward migration of young adults and the population has a high proportion of elderly.
The Council, along with its Community Planning Partners and its staff, is determined to build a sustainable future for the area and turn the uniqueness of our geography, its rich biodiversity and cultural heritage to our advantage. In terms of service delivery the Council has recently undertaken a review and key challenges have been identified.
The Council’s response to this is over the next five years to become the best rural authority in Scotland. We have – with our partners – identified three priority themes for action:
Promoting health and well-being; Improving opportunities for learning, employment and skills development; Sustaining and developing our communities, culture and environment.
Argyll and Bute is an area with unparalleled natural assets, but with significant economic and social challenges. Effective service delivery is vital, but so too is the ability to work effectively with partners in all sectors – locally, nationally and in Europe to promote the sustainable development of the area and to increase the capacity of Argyll and Bute Council as an organisation to deliver effectively on its priorities.
We have faced a series of challenges over the years and continue to do so. To succeed as an organisation the Council intends to focus its efforts on the delivery of quality services to its public. Delivery of services in Argyll and Bute is not easy: the area is geographically challenging, resources are under pressure and lines of communications are difficult. The organisation needs to turn around many areas of activity where – despite the best efforts of staff and management – there remain significant difficulties in achieving consistent levels of service. It also needs to build on areas where there have been real achievements and innovation in the delivery of service. The increased use of ICT, customer focused service delivery and locality-based action plans will feature in the success story that will be Argyll and Bute Council in 2010.
The Council has clarified that the role of the Chief Executive is to:-
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• Develop, lead and deliver an extensive change programme with a continued improvement in service delivery while progressing to a conclusion the Housing Stock Transfer and Schools NPDO • Build on the existing Community Planning Partnership and develop with them objectives for the area and appropriate networks for the delivery of these. • Develop the Council’s relationship both within and outwith Argyll and Bute with leaders in the voluntary, business and political worlds.
To support the Council and the Chief Executive in this we are looking to appoint Strategic Directors. The Strategic Directors are responsible for sharing the leadership in improvement and change management and supporting the corporate development of the council as outlined earlier. The Strategic Directors are also responsible for setting key strategic direction for their services and for monitoring delivery against key performance targets (operational responsibility rests primarily with Heads of Service).
Applications in the form of a c.v should be submitted to the Head of Personnel Services at Whitegates Offices, Lochgilphead by Friday 31st January 2003.
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ARGYLL & BUTE COUNCIL
JOB DESCRIPTION
Job Title: STRATEGIC DIRECTOR
Department: Location: LOCHGILPHEAD
Section: Grade: Ref:
£ …………….. SCP: ………
Responsible To: CHIEF EXECUTIVE
Responsible For:
Class of Car User: Essential
The Council has clarified that the role of the Chief Executive is to:-
1. Develop, lead and deliver an extensive change programme while ensuring a continued improvement in service delivery while progressing to a conclusion the Housing Stock Transfer and Schools NPDO.
2. Build on the existing Community Planning Partnership and develop with them objectives for the areas and appropriate networks for the delivery of these.
3. Develop the Council’s relationship both within and outwith Argyll and Bute with leaders in the voluntary, business and political worlds.
4. To give Strategic Directors guidance for the Council’s Finance, People Management and other resources in accordance with modern business best practice.
In addition to supporting the Chief Executive in this role, the Strategic Directors are responsible for sharing the leadership in improvement and change management and supporting the corporate development of the council as outlined earlier.
OVER/
Director 2 130103 Page 134
Strategic Directors will also be required to:-
1. As part of the Corporate Management Team, to actively develop and deliver the vision, values and strategic objectives of the Council in partnership with the Elected Members and residents of Argyll and Bute, public, private, and voluntary sector.
2. To develop services in collaboration with other Directors and Managers to ensure that there is a corporate approach to service provision in the interests of delivering best value to service users.
3. To work strategically with other Directors and Managers to actively facilitate the integration of support services and the consistent application of Council policies.
4. To ensure that all appropriate mechanisms are in place for achieving continuous improvement in the performance of the service, responding positively to statutory, other external and internal requirements.
5. To promote equality and inclusion across all service provision and employment through policy initiatives, personal example, open commitment, clear action and direction.
6. To demonstrate personal commitment to customer care by ensuring regular communication, visibility and feedback to service users and employees.
7. To meet the key work objectives, targets and outcomes set for the post and, in turn, to ensure that within their Service robust work objectives, targets and outcomes are set and achieved.
8. To have overall responsibility for the budgets for the services within your remit, taking account as appropriate of the Council’s scheme of decentralisation.
9. To work within the corporate framework in building joint public service arrangements with other partners.
Director 2 130103 Page 135
ARGYLL AND BUTE COUNCIL
PERSON SPECIFICATION
TITLE OF POST: STRATEGIC DIRECTOR POST NO: ......
SERVICE: ......
The post does not require a particular discipline, but the ability to operate in a cross-functional, multi- disciplinary environment, with the ability to work in partnership with others, taking a lead, where appropriate, to ensure the delivery of the Council’s strategic objectives.
QUALIFICATIONS a) Candidates must be educated to degree level. & b) Candidates must have 10 years post qualifying experience with at EXPERIENCE least 5 years at a senior level.
ATTRIBUTES ASSESSMENT CRITERIA
1. Leadership • The ability to develop a vision and express it for the Qualities comprehension of others. • The ability to communicate regularly and clearly at all levels, both within and outside the organisation. • The ability to delegate, with confidence. • The ability to recognise good performance and give praise. • The ability to spot talent amongst others and provide fresh challenges to stretch it. • The confidence to take responsibility for one’s own actions and that of others. • The confidence to act as a personal example of the organisation’s management style and embody the ethos and culture of the organisation.
2. Personal Qualities • Self awareness. • The ability to view life from a broader, systematic point of view and to look outside the organisation. • The ability to develop personal and social skills. • The ability to think creatively. • The ability to learn from experience and admit mistakes. • The ability to challenge and question accepted norms both within and external to the organisation.
3. Cognitive Skills • Intellectual effectiveness, including analytical ability, speed of thinking and creativity.
Persnl/jobdesc/Strategic Director 241202.doc Page 136
• Effective relationships, including the ability to work individually or as a team member, with the ability to delegate and provide support. • Work discipline, including the ability to plan, control and monitor one’s own work and that of others, including the ability to set objectives and standards. • Energy and drive, in terms of the ability to stay with a problem, demonstrated by persistence, enthusiasm and continued motivation. • Decision making in terms of the quality of judgement on both personnel and technical matters, including the willingness and ability to take and sell decisions to others. • Emotional stability in terms of the ability to work under pressure and respond to setbacks and failures. • Flexibility, demonstrated by the ability to adapt to new and different people, technology and environments. • Responsiveness to change in terms of the willingness to take on innovative and creative new ways of working.
4. Change • The ability to identify and select the correct change strategy. management • The ability to successfully champion, lead and manage change. • The ability to demonstrate real and evidenced service improvement. • The ability to give people the knowledge, skills and tools to improve performance. • The ability to work in partnership with others to change the way the organisation works to enhance the value of service for users. • The ability to translate reviews and assessments into effective improvement programmes. • The ability to promote a culture of continuous improvement in service delivery. • The ability to respond to internal and external drivers for change. • The ability to channel resources to meet changing needs and demands.
5. Emotional • Openness with others. intelligence • Concern for the wellbeing of others. • Approachability. • Valuing diversity. • Encouragement of critical thinking. • Balanced respect for the individual as against the task.
Persnl/jobdesc/Strategic Director 241202.doc Page 137
• Demonstrate integrity to gain trust and confidence from others.
6. General • The ability to manage significant levels of resources, competencies including the monitoring and controlling of budgets. • The ability to take strategic responsibility for the Council, including the people and finances associated with the Council. • The ability to take overall responsibility for the resources of the Council. • The ability to make significant improvement to the social, educational and environmental wellbeing of the local community. • The ability to maintain work-life balance whilst meeting the needs of the service.
Signed:...... Date: ......
NOTE: The information on this form should be carried forward to the Requirements Column of the Interview Assessment Form and shall be considered for leeting purposes.
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WHAT AND HOW REVIEW
POLICY DEVELOPMENT GROUP: 7 AND 9 JANUARY 2003
CONSOLIDATED MAJORITY SUPPORTED CONCLUSIONS/RECOMMENDATIONS
(1) The majority favoured the structure of a Chief Executive and four Strategic Directors set out in the appendix to the Minute of the Policy Development Group of 9 January 2003, subject as follows –
(a) That while the distribution of functions envisaged in the appendix represented a basis for the appointment of Strategic Directors, certain functions including, for example, the location of Development and Building Control in Development and Transportation or in Corporate and Democratic Services, would be the subject of subsequent consideration as part of the further development work envisaged after the Directors were appointed;
(b) Similarly, the nomenclature of the various Directorates might be the subject of subsequent revision.
(2) That the recommendations set out in paragraph 10(a) and (b) of the Chief Executive’s report be accepted and that appropriate budgetary provision be made as set out therein and spread over the maximum number of years, subject that the budgetary provision for severance/retirement be reviewed in light of the fact that the recommendation is to appoint four Strategic Directors and that the cost should be spread over the maximum number of years.
(3) The Group recommended the “advert” in the Chief Executive’s report for the purpose of recruiting, initially on a ring-fenced basis restricted to existing Directors, and in relation to clarifying the roles of the Chief Executive and the Strategic Directors and considered that at least the final two sentences in the “or” section be incorporated in the “either” section.
(4) That an Appointments Panel of 9 Members be appointed by the Council, with powers to take forward the appointment of the new Strategic Directors.
(5) That person and post specifications be drawn up by the Chief Executive, and that internal personnel advice be utilised in relation to the appointments process.
(6) That with effect from the date of appointment, the salary level for the post of Strategic Director be fixed in future at 80% of that of the Chief Executive.
(7) That the salary level for the Heads of Service in the eventual new structure maintain the current percentage relationship by reference to the revised salary level for Strategic Directors.
(8) The majority recommended that the Chief Executive and the four Strategic Directors be based (for work purposes) in Lochgilphead.
(9) That the current conditions relating to residency in respect of the Chief
(1418 – What and How) Page 140
Executive, Directors and Heads of Service be discontinued as a contractual requirement.
(10) That there is a period of four months free from existing commitments for Strategic Directors to take forward development work including that envisaged in paragraph 11 of the Chief Executive’s report.
(11) That the Council acknowledge that sufficient capacity must be retained in the organisation including the need to retain “unsuccessful Directors” at least until plans are agreed for transition.
(12) That sufficient budgetary provision is made to support a change management programme.
(13) The Group accepted that the following matters raised in the report by the Chief Executive should be considered as part of ongoing development/change management following the appointment of the Strategic Directors –
C High profile, more focused Member/Officer Leadership
C Developing the changing role of the new directors and Chief Executive
C The creation of a Customer Contact and Access Centre and the associated front office/back office change
C The proposed creation of new posts of Area Manager - their role and relationships within the organisation
C Achieving sustainable service delivery over the medium term within the context of declining resources
C Forming a new basis for the relationship between senior officers and members - a joint change management development programme
C Delivering on cultural change; joined-up working, removing the blame culture - improving the morale of the workforce
C Working better in partnership with public agencies, voluntary sector etc.
C Addressing the issues around strategic procurement, asset management, contract development
C Scrutiny of SPC/Area Committee relationships
C Role, number, remit of spokespersons.
(1418 – What and How)