Dumfries and Galloway Council Minutes

Date:
Thursday 28 March 2013
Time:
10:30am
Place:
Council Offices, English Street, Dumfries

Attendance Details

Members:
Ivor A Hyslop (Leader)-Lochar
Brian Collins (Depute Leader)-Castle Douglas and Glenkens
Graham Bell-North West Dumfries
Ian Blake-Abbey
Richard Brodie-Annandale South
Ian Carruthers-Annandale South
Karen Carruthers-Annandale East and Eskdale
Rob Davidson-Abbey
Jim H Dempster-Mid and Upper Nithsdale
Iain Dick-Stranraer and North Rhins
Peter Diggle-Annandale North
Archie Dryburgh-Annandale East and Eskdale
Gillian Dykes-Mid and Upper Nithsdale
Andy Ferguson-North West Dumfries
Grahame Forster-Wigtown West
Patsy Gilroy-Dee
Jack Groom-Nith
Yen Hongmei Jin-Lochar
Jeff Leaver-Lochar
Gail Macgregor-Annandale North
Jane S Maitland-Dee
Denis R Male-Annandale East and Eskdale
Sean W Marshall-Annandale South
John Martin-Nith
Tom A McAughtrie-Abbey
Jim McClung-Wigtown West
Jim McColm-Mid Galloway
Marion McCutcheon-Stranraer and North Rhins
David J McKie-North West Dumfries
Ronnie Nicholson-North West Dumfries
Graham Nicol-Mid Galloway
Ronnie E Ogilvie-Annandale South
Craig Peacock-Annandale East and Eskdale
George N Prentice-Castle Douglas and Glenkens
Willie Scobie-Stranraer and North Rhins
Colin Smyth-Nith
Davie Stitt-Abbey
John Syme-Mid and Upper Nithsdale
Graeme Tait-Annandale North
Stephen Thompson-Annandale North
Ted Thompson-Lochar
Roberta Tuckfield-Wigtown West
Alastair Witts-Nith
Andrew S Wood-Mid and Upper Nithsdale
Apologies:
Finlay Carson - Castle Douglas and Glenkens
Alistair Geddes - Mid Galloway
Colin Wyper - Dee
Item Number Item/Description Action
PUBLIC
1 SEDERUNT AND APOLOGIES

44 Members present, 3 apologies

 

1.1      The Leader, on behalf of the Council, paid tribute to the great team effort of everyone involved in helping to clear roads, restore power and care for others across the region over the weekend of 22/23/24 March and, following comments by the Depute Leader and the leader of the Labour Group, confirmed that the Council would host an event or events across Dumfries and Galloway for local people, volunteers, partner agencies, staff and employees who had responded to the severe weather emergency, in the late Spring/early Summer.

 

1.2      Following comments by a number of Members, the Leader confirmed that the Council would host a civic event to recognise the achievements of a number of sporting teams across Dumfries and Galloway, including Queen of the South, Solway Sharks and various Curling teams which had participated in national events and had achieved a curling world record.

 

PROCEDURE - The Leader intimated that with the agreement of Members he intended to take items 6 and 7 on the agenda calling the meeting in reverse order and that the Minute of the Council meeting of 7 February 2013 (listed as Item 85 on the agenda) would be dealt with at item 3. He also confirmed that he had received a Notice of Motion regarding the Announced Closure of Dalarran Care Home (Welcome Homes Ltd) Langholm, which, in the circumstances, he intended to deal with as an urgent item of business (listed as Item 87 on the agenda).

 

The items are recorded in this minute in the order that they appeared on the agenda.

 
2 DECLARATIONS OF INTEREST

2.1      Jim McColm, Craig Peacock, Marion McCutcheon and John Syme each declared an interest in respect of Item 6 - Non Residential Community Care Services Charging Policy due to a relative being in receipt of social care and intimated that they would leave the meeting during consideration of this item of business.

 

2.2      Ian Blake, Jim McClung and Andy Ferguson each declared an interest in respect of Item 17 - Notice of Motion Review of Cases in Scotland of Miners Convicted during the 1984/85 Strike due to their previous employment and intimated that they would leave the meeting during consideration of this item of business.

 

2.3      Patsy Gilroy, Graham Bell, Andrew Wood, Graham Nicol and Jim Dempster each declared an interest in respect of Item 19 - Registration of Private Landlords due to ownership of a property and determined that, having taken advice, they would not leave the meeting during consideration of this item.

 

2.4      Ronnie Nicholson declared an interest in respect of Item 19 - Registration of Private Landlords due to ownership of a property and intimated that he would leave the meeting during consideration of this item of business.

 

2.5      Brian Collins declared an interest in respect of Item 20 - Funding for the Scottish National War Memorial due to being a Board member and intimated that he would leave the meeting during consideration of this item of business.

 

MEMBERS - Denis R Male, Gill Dykes and Iain Dick left the meeting during consideration of the following item - 41 Members present

 
REPORTS
3 LOCAL POLICING PLAN - REPORT BY CHIEF SUPERINTENDENT

Decision

 

3.1      CONGRATULATED Superintendent Kate Thomson on her appointment to the post of Dumfries and Galloway Local Police Commander in the Scottish Police Service;

 

3.2      AGREED the Local Policing Plan for implementation and publication on 1 April 2013 by Police Scotland;

 

NOTED

 

3.3      the role of the Council as Police authority in scrutinising policing performance and the arrangements through which performance would be reported and monitored; and

 

3.4      that the plan provided for robust scrutiny of local policing performance.

 

MEMBER - Iain Dick re-entered the meeting - 42 Members present

 
4 SCOTTISH FIRE AND RESCUE SERVICE - DUMFRIES AND GALLOWAY LOCAL PLAN - REPORT BY LOCAL SERVICE OFFICER

Decision

 

4.1      AGREED the contents of the Local Fire and Rescue Plan and Action Plan for implementation from 1 April 2013; and

 

4.2      THANKED Acting Deputy Chief Fire Officer Hamish McGhie for his stewardship of the Dumfries and Galloway Fire and Rescue Authority over the preceding year.

 

MEMBERS - Rob Davidson left the meeting and Denis R Male re-entered the meeting - 42 Members present

 
5 REVIEW OF SCHEMES OF DELEGATION - REPORT BY DIRECTOR CHIEF EXECUTIVE SERVICE

Decision

 

AGREED that

 

5.1      a Sub Committee of the Full Council be established with a membership of 11, based on proportionality, and that its remit be initially focused on Police and Fire and Rescue matters;

 

5.2      the Ad Hoc Sub Committee established to undertake a Review of Schemes of Administration and Delegation would give formal consideration to Police Fire and Rescue matters being part of a wider public protection/community safety remit;

 

5.3      the long term arrangements be agreed by the Summer 2013 recess;

 

5.4      Area Committees should continue to be the focus for local reporting on Police and Fire and Rescue matters; and

 

5.5      the Sub Committee would consolidate partnership working, relationships and communications with appropriate input from partners, NOTING that there would be a continuation of the existing partnership/group arrangements involving Police and Fire and Rescue personnel for 2013-14.

 

MEMBERS - Iain Dick, Gill Dykes, Grahame Forster, Jim McColm, Gail Macgregor, Denis R Male, Sean W Marshall, Craig Peacock, Roberta Tuckfield, Andrew Wood left the meeting - 34 Members present

 
6 REVIEW AND ANNUAL UPLIFT - NON-RESIDENTIAL COMMUNITY CARE SERVICES CHARGING POLICY - REPORT BY DIRECTOR OF SOCIAL WORK

Decision

 

AGREED

 

6.1      to withdraw delegation from the Social Work Services Committee;

 

6.2     the revised Non Residential Community Care Services Charging Policy and annual uplift including:-

 

•    the reintroduction of a maximum contribution set at £455 per week;

•    a change to the treatment of Disability Living Allowance or Attendance Allowance for assessing income;

 

6.3      to apply the annual uplift with effect from 27 April 2013;

 

6.4      that a seminar for all Members be arranged on the impact of the charging policy; and

 

6.5      NOTED that the Social Work Services Committee would receive further reports on national developments as they occurred and that the Welfare Reform Sub-Committee would make recommendations to the Policy and Resources Committee and Social Work Services Committee as appropriate.

 

MEMBERS - Rob Davidson, Iain Dick, Gill Dykes, Grahame Forster, Jim McColm, Gail Macgregor, Denis R Male, Sean W Marshall, Craig Peacock, Roberta Tuckfield and Andrew Wood re-entered the meeting - 44 Members present

 
7 NON-RESIDENTIAL COMMUNITY CARE SERVICES CHARGING POLICY - ACTIVITY AND RESOURCE CENTRES - REPORT BY DIRECTOR OF SOCIAL WORK

VOTE

 

7.1      MOTION by RONNIE NICHOLSON seconded by WILLIE SCOBIE to note the recommendations of the Social Work Services Committee and agree that the use of Activity and Resource Centres should not have been included within the day care component as a chargeable policy.

 

7.2      AMENDMENT by JANE S MAITLAND seconded by RICHARD BRODIE to note the recommendations of the Social Work Services Committee and agree to remit to the Social Work Services Committee to take forward a decision based on a full business case.

 

7.3      On a vote taken by roll call, Members voted as follows:-

 

Motion - 35 votes being:-


Ivor A Hyslop, Brian Collins, Graham Bell, Ian Blake, Ian Carruthers, Karen Carruthers, Rob Davidson, Jim Dempster, Iain Dick, Peter Diggle, Archie Dryburgh, Andy Ferguson, Grahame Forster, Jack Groom, Yen Hongmei Jin, Jeff Leaver, Tom McAughtrie, Jim McClung, Marion McCutcheon, David J McKie, Sean W Marshall, John Martin, Ronnie Nicholson, Graham Nicol, Ronnie Ogilvie, Willie Scobie, Colin Smyth, David Stitt, John Syme, Graeme Tait, Stephen Thompson, Ted Thompson, Roberta Tuckfield, Alastair Witts and Andrew Wood

 

Amendment - 8 votes being:-


Richard Brodie, Patsy Gilroy, Jim McColm, Gail Macgregor, Jane S Maitland, Denis R Male, Craig Peacock and George N Prentice

 

Abstention - 1 being: Gill Dykes

 

Decision

 

7.4      NOTED the recommendations of the Social Work Services Committee; and 

 

7.5      AGREED that the use of Activity and Resource Centres should not have been included within the day care component as a chargeable policy.

 

MEMBERS - Jim McClung and Andy Ferguson left the meeting - 42 Members present

 
8 TREASURY MANAGEMENT STRATEGY AND PRUDENTIAL INDICATORS - REPORT BY HEAD OF FINANCE

Decision

 

AGREED

 

8.1      the Prudential Indicators, as detailed at Appendix 1 to the report, as the underlying framework to support the Council’s Capital Investment Strategy;

 

8.2      the Council’s Treasury Management Strategy Statement for 2013/14, as detailed at Appendix 2 to the report;

 

NOTED

 

8.3      the Treasury Management 2012/13 Mid-Year Review as detailed at Appendix 3 to the report; and

 

8.4      that both the prudential indicators and treasury management activities would be subject to continual monitoring and, where appropriate, amendment during the course of the upcoming financial year.

 

MEMBERS - John Martin and Rob Davidson left the meeting - 40 Members present

 
9 DUMFRIES AND GALLOWAY COUNCIL EQUAL PAY REPORT - REPORT BY ASSISTANT CHIEF EXECUTIVE

Decision

 

9.1      APPROVED the information for publication; and

 

9.2      NOTED that the related actions to address identified pay disparity would be incorporated into the Council’s Equality Action Plan 2013.

 

MEMBERS - Jim McClung, Gill Dykes, John Martin and Andy Ferguson entered the meeting - 44 Members present

 
10 DUMFRIES AND GALLOWAY COUNCIL EQUALITY OUTCOMES - REPORT BY ASSISTANT CHIEF EXECUTIVE

Decision

 

AGREED

10.1      the Council’s Equalities Outcomes, as detailed at Appendix 2 to the report; and

 

10.2      the draft action plan at Appendix 3 to the report, NOTING that the proposed final actions would be incorporated into Business Plans updates for 2013-15.

 
11 DUMFRIES AND GALLOWAY COUNCIL MAINSTREAMING EQUALITY REPORT - REPORT BY ASSISTANT CHIEF EXECUTIVE

Decision

 

AGREED the Council's Mainstreaming Equalities Report as detailed at Appendix 2 to the report.

 
12 HEAD OF STRATEGIC PLANNING AND CUSTOMER SERVICES - RECRUITMENT AND SELECTION - REPORT BY DIRECTOR COMMUNITY AND CUSTOMER SERVICES

Decision

 

AGREED

 

12.1      the timetable and key stages for the appointment to the post of Head of Strategic Planning and Customer Services within Community and Customer Services; and

 

12.2      that the appointment process for this post should be subject to external and internal advert.

 

ADJOURNMENT OF MEETING - the meeting adjourned for lunch at 12.20pm and reconvened at 1.00pm with 42 Members present, being:-

 

Ivor A Hyslop, Brian Collins, Graham Bell, Ian Blake, Ian Carruthers, Karen Carruthers, Rob Davidson, Jim Dempster, Iain Dick, Archie Dryburgh, Gillian Dykes, Andy Ferguson, Grahame Forster, Patsy Gilroy, Jack Groom, Yen Hongmei Jin, Jeff Leaver, Tom McAughtrie, Jim McClung, Jim McColm, Marion McCutcheon, Gail Macgregor, David J McKie, Jane S Maitland, Denis R Male, Sean W Marshall, John Martin, Ronnie Nicholson, Graham Nicol, Ronnie Ogilvie, Craig Peacock, George Prentice, Willie Scobie, Colin Smyth, David Stitt, John Syme, Graeme Tait, Stephen Thompson, Ted Thompson Roberta Tuckfield, Alastair Witts and Andrew Wood

 
13 NOTICE OF MOTION - BEDROOM TAX - REPORT BY DIRECTOR COMMUNITY AND CUSTOMER SERVICES

VOTE

 

13.1     MOTION by COLIN SMYTH seconded by RONNIE OGILVIE that delegation be withdrawn from the Policy and Resources Committee.

 

13.2     AMENDMENT by IVOR A HYSLOP seconded by IAN CARRUTHERS that delegation be not withdrawn from the Policy and Resources Committee.

 

13.3     On a vote taken by roll call, Members voted as follows:-

 

Motion - 18 votes being:-


Jim Dempster, Archie Dryburgh, Grahame Forster, Jeff Leaver, Tom McAughtrie, Jim McColm, Marion McCutcheon, David J McKie, Sean W Marshall, John Martin, Ronnie Nicholson, Ronnie Ogilvie, Craig Peacock, Willie Scobie, Colin Smyth, David Stitt, John Syme, Ted Thompson

 

Amendment - 24 votes being:-


Ivor A Hyslop, Brian Collins, Graham Bell, Ian Blake, Ian Carruthers, Karen Carruthers, Rob Davidson, Iain Dick, Gillian Dykes, Andy Ferguson, Patsy Gilroy, Jack Groom, Yen Hongmei Jin, Jim McClung, Gail Macgregor, Jane S Maitland, Denis R Male, Graham Nicol, George Prentice, Graeme Tait, Stephen Thompson, Roberta Tuckfield, Alastair Witts and Andrew Wood

 

Decision

 

AGREED that delegation be not withdrawn from the Policy and Resources Committee.

 

MEMBER - Richard Brodie entered the meeting - 43 Members present

 
14 NOTICE OF MOTION - STRANRAER TASK FORCE - REPORT BY DIRECTOR PLANNING, HOUSING AND ENVIRONMENT SERVICES

VOTE

 

14.1     MOTION by ROBERTA TUCKFIELD seconded by JIM MCCLUNG that delegation be not withdrawn from the Planning, Housing and Environment Services Committee.

 

14.2     AMENDMENT by GRAHAME FORSTER seconded by WILLIE SCOBIE that delegation be withdrawn from the Planning, Housing and Environment Services Committee.

 

14.3     On a vote taken by roll call, Members voted as follows:-

 

Motion - 22 votes being:-


Ivor A Hyslop, Brian Collins, Graham Bell, Ian Blake, Ian Carruthers, Karen Carruthers, Rob Davidson, Iain Dick, Gillian Dykes, Andy Ferguson, Patsy Gilroy, Jack Groom, Yen Hongmei Jin, Jim McClung, Gail Macgregor, Denis R Male, Graham Nicol, Graeme Tait, Stephen Thompson, Roberta Tuckfield, Alastair Witts and Andrew Wood

 

Amendment - 20 votes being:-


Jim Dempster, Archie Dryburgh, Grahame Forster, Jeff Leaver, Jane S Maitland, Tom McAughtrie, Jim McColm, Marion McCutcheon, David J McKie, Sean W Marshall, John Martin, Ronnie Nicholson, Ronnie Ogilvie, Craig Peacock, George N Prentice, Willie Scobie, Colin Smyth, David Stitt, John Syme and Ted Thompson

 

Abstention - 1 being: Richard Brodie

 

Decision

 

AGREED that delegation be not withdrawn from the Planning, Housing and Environment Services Committee.

 
15 NOTICE OF MOTION - CLUSTER WORKING REVIEW (CWR) - REPORT BY DIRECTOR EDUCATION SERVICES

VOTE

 

15.1     MOTION by GAIL MACGREGOR seconded by ROB DAVIDSON that delegation be not withdrawn from the Education Committee.

 

15.2     AMENDMENT by GRAHAME FORSTER seconded by WILLIE SCOBIE that delegation be withdrawn from the Education Committee.

 

15.3     On a vote taken by roll call, Members voted as follows:-

 

Motion - 27 votes being:-


Ivor A Hyslop, Brian Collins, Graham Bell, Ian Blake, Richard Brodie, Ian Carruthers, Karen Carruthers, Rob Davidson, Iain Dick, Gillian Dykes, Andy Ferguson, Patsy Gilroy, Jack Groom, Yen Hongmei Jin, Jim McClung, Jim McColm, Gail Macgregor, Jane S Maitland, Denis R Male, Graham Nicol, Craig Peacock, George N Prentice, Graeme Tait, Stephen Thompson, Roberta Tuckfield, Alastair Witts and Andrew Wood

 

Amendment - 15 votes being:-


Jim Dempster, Archie Dryburgh, Grahame Forster, Jeff Leaver, Tom McAughtrie, David J McKie, Sean W Marshall, John Martin, Ronnie Nicholson, Ronnie Ogilvie, Willie Scobie, Colin Smyth, David Stitt, John Syme and Ted Thompson

 

Decision

 

AGREED that delegation be not withdrawn from the Education Committee.

 

MEMBER - Andy Ferguson left the meeting - 41 Members present
 

 
16 NOTICE OF MOTION - BLACKLISTED WORKERS - REPORT BY DIRECTOR CHIEF EXECUTIVE SERVICE

Decision

 

16.1     AGREED that the Council believed in justice for blacklisted workers;

 

16.2     NOTED that the 44 construction companies exposed as blacklisters had escaped punishment or penalty and expressed alarm at the recent evidence to the Scottish Affairs Committee that representatives of the Information Commissioner's Office confirmed that they had only seized five to ten percent of files held by the Consulting Association;

 

FURTHER AGREED

 

16.3     to support the campaign by Trade unions against the operation of blacklists against Trade Unionists;

 

16.4     where permitted by legislation, to exclude companies involved in blacklisting of trade unionists from future approved suppliers’ lists;

 

16.5     where permitted by legislation, to ensure that companies included in future approved suppliers lists demonstrated that they had processes in place to encourage the reporting of workers, including those who were Trade Union members, of workplace concerns, particularly in respect of health, safety and welfare; and

 

16.6     to urge the Scottish Government to include clauses in future Scottish Bills covering public procurement to prevent companies involved in blacklisting of Trade Unionists from securing future public sector contracts.

 

MEMBERS - Jim McClung , Ian Blake and Andy Ferguson left the meeting - 38 Members present

 
17 NOTICE OF MOTION - REVIEW OF CASES IN SCOTLAND OF MINERS CONVICTED DURING THE 1984/5 STRIKE - REPORT BY DIRECTOR CHIEF EXECUTIVE SERVICE

Decision

 

AGREED

 

17.1     to note with concern the recent revelations regarding the actions of South Yorkshire Police and the alleged duplications of statements, fabrication of police reports, instances of perjury, assault, perverting the course of justice and misconduct in public office in relation to police conduct at Hillsborough and Orgreave; and to further note that South Yorkshire Police had referred itself to the Independent Police Complaints Commission for an investigation into these complaints; and

 

17.2     to ensure that no alleged malpractice occurred in Scotland and to call upon the Justice Secretary, Kenny MacAskill, to initiate an independent review of all cases of Miners and others convicted in Scotland and instruct the Chief Executive to write to the Scottish Government supporting the call for such a review.

 

MEMBERS - Ian Blake, Andy Ferguson and Jim McClung re-entered the meeting - 42 Members present

 
18 OPERATIONAL ARRANGEMENTS FOR COMMON GOOD FUND SUB COMMITTEES - REPORT BY DIRECTOR CHIEF EXECUTIVE SERVICE

VOTE

 

18.1     MOTION by IAN CARRUTHERS seconded by GAIL MACGREGOR to receive a report on our Council’s rights, liabilities and obligations, at law, with regard to Common Goods and Common Good Funds; to the provision of training for Members of Common Good Fund Sub-Committees and all interested members; and to clarify elected Members’ eligibility to sit on the Common Good Fund Sub-Committee ie whether the elected Members should be living in the burgh where the Common Goods are located or whether all elected Members whose wards are within Common Good areas should be eligible for election to the relevant Sub-Committee.

 

18.2     AMENDMENT by COLIN SMYTH seconded by RONNIE NICHOLSON to receive a report on our Council’s rights, liabilities and obligations, at law, with regard to Common Goods and Common Good Funds; to request that the Scottish Ministers make regulations under Section 14 of the Local Government and Housing Act 1989 giving Community Council representatives appropriate voting rights at meetings of Common Good Fund Sub-Committees within Dumfries and Galloway; to the provision of training for Members of Common Good Fund Sub-Committees and all interested members; and to clarify elected Members’ eligibility to sit on the Common Good Fund Sub-Committee ie whether the elected Members should be living in the burgh where the Common Goods are located or whether all elected Members whose wards are within Common Good areas should be eligible for election to the relevant Sub-Committee.

 

18.3     On a vote taken by roll call, Members voted as follows:-

 

Motion - 21 votes being:-


Ivor A Hyslop, Brian Collins, Graham Bell, Ian Blake, Ian Carruthers, Karen Carruthers, Rob Davidson, Iain Dick, Gillian Dykes, Andy Ferguson, Patsy Gilroy, Jack Groom, Yen Hongmei Jin, Jim McClung, Gail Macgregor, Denis R Male, Graham Nicol, Graeme Tait, Stephen Thompson, Roberta Tuckfield and Andrew Wood

 

Amendment - 21 votes being:-


Richard Brodie, Jim Dempster, Archie Dryburgh, Grahame Forster, Jeff Leaver, Tom McAughtrie, Jim McColm, David J McKie, Jane S Maitland, Sean W Marshall, John Martin, Ronnie Nicholson, Ronnie Ogilvie, Craig Peacock, George N Prentice, Willie Scobie, Colin Smyth, David Stitt, John Syme, Ted Thompson and Alastair Witts

 

There being an equality of votes, the Chairman exercised his right to a casting vote, which fell in favour of the Motion.

 

Decision

 

AGREED

 

18.4     to receive a report on our Council’s rights, liabilities and obligations, at law, with regard to Common Goods and Common Good Funds;

 

18.5     to the provision of training for Members of Common Good Fund Sub-Committees and all interested members; and

 

18.6     to clarify elected Members’ eligibility to sit on the Common Good Fund Sub-Committee ie whether the elected Members should be living in the burgh where the Common Goods were located or whether all elected Members whose wards were within Common Good areas should be eligible for election to the relevant Sub-Committee.

 

ADJOURNMENT OF MEETING - the meeting adjourned at 2.00pm in order to allow the Pensions Sub Committee to take place and reconvened at 2.20pm with 40 Members present being:-

 

Ivor A Hyslop, Brian Collins, Graham Bell, Ian Blake, Richard Brodie, Ian Carruthers, Karen Carruthers, Rob Davidson, Jim Dempster, Iain Dick, Archie Dryburgh, Gill Dykes, Andy Ferguson, Grahame Forster, Patsy Gilroy, Jack Groom, Yen Hongmei Jin, Jeff Leaver, Gail Macgregor, Jane S Maitland, Sean W Marshall, John Martin, Tom McAughtrie, Jim McClung, Jim McColm, David J McKie, Ronnie Nicholson, Ronnie Ogilvie, Craig Peacock, George N Prentice, Willie Scobie, Colin Smyth, David Stitt, John Syme, Graeme Tait, Stephen Thompson, Ted Thompson, Roberta Tuckfield, Alastair Witts and Andrew Wood

 

MEMBER - Ronnie Nicholson, having declared an interest, left the meeting - 39 Members present

Senior Manager Legal and Regulatory

19 REGISTRATION OF PRIVATE LANDLORDS - REPORT BY DIRECTOR CHIEF EXECUTIVE SERVICE

Decision

 

AGREED

 

19.1     that the current delegation to Officers of all decisions in relation to the Fit and Proper Person test for Landlord Registration be removed;

 

19.2      where incomplete applications were received, the decision to refuse registration be delegated to Officers;

 

19.3      where minor concerns were identified, Officers be delegated to negotiate a mutually agreeable solution that would allow the landlord to be registered; and

 

19.4      where there were significant concerns that a landlord might be considered a Fit and Proper Person that this decision should be referred to the Licensing Panel for determination.

 

MEMBERS - Ronnie Nicholson re-entered and Brian Collins, having declared an interest, left the meeting - 39 Members present

 
20 FUNDING FOR THE SCOTTISH NATIONAL WAR MEMORIAL - REPORT BY HEAD OF CORPORATE SUPPORT

Decision

 

AGREED to provide financial assistance of up to £1,500 to support the work of the Scottish National War Memorial in preparation for the 100th anniversary, in August 2014, of the start of the First World War.

 
MINUTES FOR APPROVAL
21 MINUTE OF EMPLOYMENT AND APPEALS SUB COMMITTEE OF 8 FEBRUARY 2013

Decision

 

APPROVED.

 
22 MINUTE OF EMPLOYMENT AND APPEALS SUB COMMITTEE OF 1 MARCH 2013

Decision

 

APPROVED.

 
23 MINUTE OF PENSIONS SUB COMMITTEE OF 28 FEBRUARY 2013

Decision

 

APPROVED.

 
24 MINUTE OF PENSIONS SUB COMMITTEE OF 4 MARCH 2013

Decision

 

APPROVED.

 
25 MINUTE OF AUDIT AND RISK MANAGEMENT COMMITTEE OF 8 JANUARY 2013

Decision

 

APPROVED.

 
26 MINUTE OF DGFIRST MANAGEMENT COMMITTEE OF 19 FEBRUARY 2013

Decision

 

APPROVED.

 
27 MINUTE OF LICENSING PANEL OF 23 OCTOBER 2012

Decision

 

APPROVED.

 
28 MINUTE OF LOCAL REVIEW BODY OF 15 AUGUST 2012

Decision

 

APPROVED.

 
29 MINUTE OF LOCAL REVIEW BODY OF 16 JANUARY 2013

Decision

 

APPROVED.

 
30 MINUTE OF LOCAL REVIEW BODY OF 13 FEBRUARY 2013

Decision

 

APPROVED.

 
31 MINUTE OF LOCAL REVIEW BODY OF 13 MARCH 2013

Decision

 

APPROVED.

 
MINUTES FOR NOTING
32 MINUTE OF AUDIT AND RISK MANAGEMENT COMMITTEE OF 8 NOVEMBER 2012

Decision

 

NOTED.

 

 
33 MINUTE OF DGFIRST MANAGEMENT COMMITTEE OF 30 OCTOBER 2012

Decision

 

NOTED.

 
34 MINUTE OF DGFIRST MANAGEMENT COMMITTEE OF 13 DECEMBER 2012

Decision

 

NOTED.

 

 
35 MINUTE OF EDUCATION COMMITTEE OF 13 NOVEMBER 2012

Decision

 

NOTED.

 
36 MINUTE OF EDUCATION COMMITTEE OF 17 JANUARY 2013

Decision

 

NOTED.

 
37 MINUTE OF EDUCATION COMMITTEE OF 14 FEBRUARY 2013

Decision

 

NOTED with the amendment that Ronnie Nicholson had returned to the meeting before the conclusion of item 6.

 
MINUTES FOR APPROVAL
38 MINUTE OF PLANNING APPLICATIONS COMMITTEE OF 28 NOVEMBER 2012

Decision

 

APPROVED.

 
39 MINUTE OF PLANNING APPLICATIONS COMMITTEE OF 12 DECEMBER 2012

Decision

 

APPROVED.

 
MINUTES FOR NOTING
40 MINUTE OF PLANNING APPLICATIONS COMMITTEE OF 30 JANUARY 2013

Decision

 

NOTED.

 
41 MINUTE OF PLANNING APPLICATIONS COMMITTEE OF 27 FEBRUARY 2013

Decision

 

NOTED.

 
42 MINUTE OF PLANNING, HOUSING AND ENVIRONMENT SERVICES COMMITTEE OF 13 NOVEMBER 2012

Decision

 

NOTED.

 
43 MINUTE OF PLANNING, HOUSING AND ENVIRONMENT SERVICES COMMITTEE OF 15 JANUARY 2013

Decision

 

NOTED.

 
44 MINUTE OF PLANNING, HOUSING AND ENVIRONMENT SERVICES COMMITTEE OF 14 FEBRUARY 2013

Decision

 

NOTED.

 
45 MINUTE OF POLICE, FIRE AND RESCUE COMMITTEE OF 22 NOVEMBER 2012

Decision

 

NOTED.

 
46 MINUTE OF POLICE, FIRE AND RESCUE COMMITTEE OF 6 DECEMBER 2012

Decision

 

NOTED.

 
47 MINUTE OF POLICE, FIRE AND RESCUE COMMITTEE OF 10 JANUARY 2013

Decision

 

NOTED.

 
48 MINUTE OF POLICE, FIRE AND RESCUE COMMITTEE OF 31 JANUARY 2013

Decision

 

NOTED.

 
49 MINUTE OF POLICY AND RESOURCES COMMITTEE OF 4 DECEMBER 2012

Decision

 

NOTED.

 
50 MINUTE OF POLICY AND RESOURCES COMMITTEE OF 22 JANUARY 2013

Decision

 

NOTED.

 

 
51 MINUTE OF POLICY AND RESOURCES COMMITTEE OF 26 FEBRUARY 2013

Decision

 

NOTED.

 
52 MINUTE OF SCRUTINY AND PERFORMANCE COMMITTEE OF 15 NOVEMBER 2012

Decision

 

NOTED.

 
53 MINUTE OF SCRUTINY AND PERFORMANCE COMMITTEE OF 29 JANUARY 2013

Decision

 

NOTED.

 
54 MINUTE OF SOCIAL WORK SERVICES COMMITTEE OF 27 NOVEMBER 2012

Decision

 

NOTED.

 
55 MINUTE OF SOCIAL WORK SERVICES COMMITTEE OF 13 DECEMBER 2012

Decision

 

NOTED.

 
MINUTES FOR APPROVAL
56 MINUTE OF SOCIAL WORK SERVICES COMMITTEE OF 21 FEBRUARY 2013

Decision

 

APPROVED subject to an amendment at paragraph 5.3.1 to read “that the recommendation to Full Council should not have been progressed due to the errors in the March 2011 report and that the decisions taken did not give authority for a charge to be levied for ARC service users and therefore no charge should have been levied”.

 
57 MINUTE OF ANNANDALE AND ESKDALE AREA COMMITTEE (COMMUNITY) OF 7 NOVEMBER 2012

Decision

 

NOTED.

 
58 MINUTE OF ANNANDALE AND ESKDALE AREA COMMITTEE (COMMUNITY) OF 13 NOVEMBER 2012

Decision

 

NOTED.

 
MINUTES FOR NOTING
59 MINUTE OF ANNANDALE AND ESKDALE AREA COMMITTEE (BUSINESS) OF 21 NOVEMBER 2012

Decision

 

 
60 MINUTE OF ANNANDALE AND ESKDALE AREA COMMITTEE (BUSINESS) OF 19 DECEMBER 2012

Decision

 

NOTED.

 
61 MINUTE OF ANNANDALE AND ESKDALE AREA COMMITTEE (BUSINESS) OF 23 JANUARY 2013

Decision

 

NOTED.

 
62 MINUTE OF ANNANDALE AND ESKDALE AREA COMMITTEE (COMMUNITY) OF 24 JANUARY 2013

Decision

 

NOTED.

 
63 MINUTE OF ANNANDALE AND ESKDALE AREA COMMITTEE (COMMUNITY) OF 30 JANUARY 2013

Decision

 

NOTED.

 
64 MINUTE OF ANNANDALE AND ESKDALE AREA COMMITTEE (BUSINESS) OF 20 FEBRUARY 2013

Decision

 

NOTED.

 
65 MINUTE OF NITHSDALE AREA COMMITTEE (COMMUNITY) OF 25 OCTOBER 2012

Decision

 

NOTED.

 
66 MINUTE OF NITHSDALE AREA COMMITTEE (COMMUNITY) OF 31 OCTOBER 2012

Decision

 

NOTED.

 
67 MINUTE OF NITHSDALE AREA COMMITTEE (BUSINESS) OF 7 NOVEMBER 2012

Decision

 

NOTED.

 
68 MINUTE OF NITHSDALE AREA COMMITTEE (COMMUNITY) OF 14 NOVEMBER 2012

Decision

 

 
69 MINUTE OF NITHSDALE AREA COMMITTEE (BUSINESS) OF 5 DECEMBER 2012

Decision

 

NOTED.

 
70 MINUTE OF NITHSDALE AREA COMMITTEE (BUSINESS) OF 9 JANUARY 2013

Decision

 

NOTED.

 
71 MINUTE OF NITHSDALE AREA COMMITTEE (BUSINESS) OF 6 FEBRUARY 2013

Decision

 

NOTED.

 
72 MINUTE OF NITHSDALE AREA COMMITTEE (COMMUNITY) OF 21 FEBRUARY 2013

Decision

 

NOTED.

 
73 MINUTE OF NITHSDALE AREA COMMITTEE (BUSINESS) OF 6 MARCH 2013

Decision

 

NOTED.

 
74 MINUTE OF STEWARTRY AREA COMMITTEE (BUSINESS) OF 21 NOVEMBER 2012

Decision

 

NOTED.

 
75 MINUTE OF STEWARTRY AREA COMMITTEE (BUSINESS) OF 19 DECEMBER 2012

Decision

 

NOTED.

 
76 MINUTE OF STEWARTRY AREA COMMITTEE (BUSINESS) OF 23 JANUARY 2013

Decision

 

NOTED.

 
77 MINUTE OF STEWARTRY AREA COMMITTEE (BUSINESS) OF 20 FEBRUARY 2013

Decision

 

NOTED.

 
78 MINUTE OF WIGTOWN AREA COMMITTEE (COMMUNITY) OF 15 NOVEMBER 2012

Decision

 

NOTED.

 
79 MINUTE OF WIGTOWN AREA COMMITTEE (BUSINESS) OF 5 DECEMBER 2012

Decision

 

NOTED.

 
80 MINUTE OF WIGTOWN AREA COMMITTEE (BUSINESS) OF 9 JANUARY 2013

Decision

 

NOTED.

 
81 MINUTE OF WIGTOWN AREA COMMITTEE (BUSINESS) OF 6 FEBRUARY 2013

Decision

 

NOTED.

 
82 ANY OTHER BUSINESS DEEMED URGENT BY THE LEADER DUE TO THE NEED FOR A DECISION

Decision

 

NOTED that there was an item of business deemed urgent by the Leader, being the Notice of Motion - Announced Closure of Dalarran Car Home (Welcare Homes Ltd) Langholm which he intended to take at item 87.

 

82.1     VALEDICTORY: DUMFRIES AND GALLOWAY POLICE AND FIRE AND RESCUE AUTHORITY

 

The Leader made reference to the fact that 1 April 2013 would mark the end of an era, with the Council no longer being the Police and Fire and Rescue Authority. He paid tribute to the work of successive Chief Constables and Chief Fire Officers and their staff in making Dumfries and Galloway one of the safest places to live in Britain. He wished staff continuing with the new National Police and Fire and Rescue Services every success for the future and reiterated the Council’s commitment to placing a high priority on joint working with the new Authorities.

 
83 LOCAL GOVERNMENT (SCOTLAND) ACT 1973

Decision

 

AGREED to adopt the resolution to exclude the public from the meeting in terms of Section 50A(4) and paragraph 1 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

 
84 CHIEF OFFICER RETIREMENT - REPORT BY CHIEF EXECUTIVE

 

Report Summary: The Director of Social Work Services applied for early retirement because of a change in family circumstances. The Council’s Early Retirement Policy provides a framework and process by which an application for early retirement can be considered. The application was progressed on the grounds of efficiency since the post of Director was not being deleted. The Council were provided with full financial information regarding the costs associated with early retirement.

 

Decision

84.1     NOTED the request for early retirement from the Director of Social Work Services with effect from 30 June 2013 and the associated costs; and

 

84.2     APPROVED the recommendation by the Chief Executive that the request be acceded to on the grounds of the efficiency of the service.

 
85 MINUTE OF MEETING OF 7 FEBRUARY 2013

Decision

 

APPROVED.

 
HOMOLOGATION
86 CONSULTATION ON THE DRAFT STRATEGIC POLICE PLAN - REPORT BY CHIEF EXECUTIVE AND CLERK TO THE POLICE AND FIRE AND RESCUE AUTHORITY

Decision

 

HOMOLOGATED the decision of the Chief Executive, in consultation with the Chairman and Vice Chairman, to participate in the joint response with other local partners to the Scottish Police Authority on the consultation on its draft Strategic Police Plan and any additions or amendments to the draft response.

 
87 NOTICE OF MOTION - ANNOUNCED CLOSURE OF DALARRAN CARE HOME (WELCARE HOMES LTD), LANGHOLM - REPORT BY DIRECTOR OF SOCIAL WORK

ADJOURNMENT OF MEETING - the meeting adjourned at 2.45pm to consider the terms of the Notice of Motion and reconvened at 3.10pm with 37 Members present being:-

 

Ivor A Hyslop, Brian Collins, Graham Bell, Ian Blake, Ian Carruthers, Karen Carruthers, Rob Davidson, Jim Dempster, Iain Dick, Archie Dryburgh, Andy Ferguson, Grahame Forster, Patsy Gilroy, Jack Groom, Yen Hongmei Jin, Jeff Leaver, Tom McAughtrie, Jim McClung, Jim McColm, David J McKie, Gail Macgregor, Denis R Male, Sean W Marshall, John Martin, Ronnie Nicholson, Ronnie Ogilvie, Craig Peacock, George N Prentice, Willie Scobie, Colin Smyth, David Stitt, John Syme, Graeme Tait, Stephen Thompson, Ted Thompson, Roberta Tuckfield and Alastair Witts

 

Decision
 

87.1     AGREED to withdraw delegation from the Social Work Services Committee;

 

NOTED

 

87.2     the concerns shown by the people in the Esk Valley on the services provided for care for the elderly in the form of care/residential homes;

 

87.3     the work carried out by Social Services to help Dalarran residential home to stay open for as long as possible, even after Care Commission reports had raised issue with the state of bedrooms other than single occupancy;

 

87.4     RECOGNISED the excellent service provided by staff for a very long time, in a period of uncertainty;

 

87.5     the Council having already committed, through 2013-14 budget, to work with all our partners to ensure our communities have access to the care and support that people need and want, RE-AFFIRMED our full support in assisting the local community and providers to develop a sustainable and viable business model for residential care for the elderly and disabled in the Esk Valley, to meet the communities’ current and future needs; and

 

87.6     FURTHER AGREED that the Council would assist, where necessary, provision of help to ensure that staff being made redundant were given every opportunity to find work in the local area.

 

Action Details

ItemDetail
18 Action by Senior Manager Legal and Regulatory - Training for Members arranged and delivered;