Dumfries and Galloway Council Minutes

Date:
Thursday 28 November 2013
Time:
10:30am
Place:
Council Offices, English Street, Dumfries (Reports)

Attendance Details

Members:
Ronnie Nicholson (Leader)-North West Dumfries
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
Finlay Carson-Castle Douglas and Glenkens
Rob Davidson-Abbey
Iain Dick-Stranraer and North Rhins
Peter Diggle-Annandale North
Archie Dryburgh-Annandale East and Eskdale
Andy Ferguson-North West Dumfries
Grahame Forster-Wigtown West
Patsy Gilroy-Dee
Jack Groom-Nith
Yen Hongmei Jin-Lochar
Ivor A Hyslop-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
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
John Syme-Mid and Upper Nithsdale
Graeme Tait-Annandale North
Stephen Thompson-Annandale North
Ted Thompson-Lochar
Alastair Witts-Nith
Andrew S Wood-Mid and Upper Nithsdale
Colin Wyper-Dee
Apologies:
Jim H Dempster - Mid and Upper Nithsdale
Gillian Dykes - Mid and Upper Nithsdale
Alistair Geddes - Mid Galloway
Davie Stitt - Abbey
Roberta Tuckfield - Wigtown West
Item Number Item/Description Action
PUBLIC
1 SEDERUNT AND APOLOGIES

42 Members present, 5 apologies

 

PROCEDURE - The Leader advised that Item 8 - Listen to Us - Presentation - had been withdrawn and would be presented to a future meeting of the Council

 
2 DECLARATIONS OF INTEREST

Andy Fergusson, Jim McClung and Ted Thompson declared an interest in Item 11 - Report by External Audit of Dumfries and Galloway Council Pension Fund by virtue of the fact that they were in receipt of Pensions from the Fund but intimated that their interest was such that they did not consider that they required to leave the meeting

 
MINUTES FOR APPROVAL
3 MINUTE OF MEETING OF 29 AUGUST 2013

Decision

 

APPROVED

 
4 MINUTE OF MEETING OF 20 SEPTEMBER 2013

Decision

 

APPROVED

 
5 MINUTE OF MEETING OF 25 SEPTEMBER 2013

Decision

 

APPROVED

 
6 MINUTE OF MEETING OF 1 OCTOBER 2013

Decision

 

APPROVED

 
7 MINUTE OF MEETING OF 11 OCTOBER 2013

Decision

 

APPROVED

 
8 "LISTEN2 US" - PRESENTATION

Decision

 

NOTED that this item had been withdrawn and that the Presentation would be submitted to a future meeting. 

 
PROCEDURAL REPORTS
9 DUMFRIES ACADEMY LEARNING COMMUNITY INSPECTION: EVIDENCE OF IMPACT - REPORT BY HEAD OF IMPROVEMENT AND ENGAGEMENT AND COMMUNITY SERVICES

Having received presentations from Young People, Adult Learners, Volunteeers and Community, Learning and Development partners from the Dumfries Academy Learning Community evidencing the achievements made through partners building on the assets and potential of local individuals, families and communities

 

Decision
 

NOTED

 

9.1     the findings of the recent Her Majesty’s Inspectorate of Education (HMIe) inspection of Dumfries Academy;  

 

9.2     the creative method of evidencing the delivery of outcomes achieved by individuals and communities and request Area Committees to consider a similar format for local delivery; and

 

9.3     AGREED to thank the presentors for their candid presentations.

Service Manager Area Framework Nithsdale

10 REPORT BY EXTERNAL AUDIT ON THE 2012/13 AUDIT OF DUMFRIES AND GALLOWAY COUNCIL - REPORT BY HEAD OF FINANCE

Decision

 

AGREED

 

10.1     to receive the certified Council Annual Accounts for the financial year ended 31 March 2013;

 

NOTED

 

10.2     that the External Auditor had given an unqualified opinion that the accounts provided a true and fair view of the Council’s financial position and the income and expenditure for the year; and

 

10.3     the External Auditor’s report and the action plan, and that updates on the actions would be presented to future Audit and Risk Management Committees.

Finance Officer - Fiona

11 REPORT BY EXTERNAL AUDIT ON THE 2012/13 AUDIT OF DUMFRIES AND GALLOWAY COUNCIL PENSION FUND - REPORT BY HEAD OF FINANCE

Decision

 

11.1     AGREED to receive the certified Pension Fund Annual Report and Accounts for the financial year ended 31 March 2013;

 

NOTED

 

11.2     that the External Auditor had given an unqualified opinion that the accounts provided a true and fair view of the Council’s financial position and the income and expenditure for the year; and

 

11.3     the External Auditor’s report and the Action Plan and that updates would be presented to future Pensions Sub Committees.

Treasury Insurance Officer

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

Decision

 

AGREED

 

12.1     the revised Scheme of Administration and Delegation to Committees as detailed at Appendix 1;

 

12.2     the additional guidance under section 6 of the Member and Officer Protocol - Involvement of Members in Local Issues;

 

12.3     the revised Members’ Role Descriptions;

 

NOTED

 

12.4     Counsel’s Opinion; and AGREED the position regarding Committee sizes; and

 

12.5     the outstanding business of the Sub-Committee.

 

PROCEDURE - The Leader then asked for nominations for the positions of Chairman and Vice Chairman of the newly established Community and Customer Services Committee

 

Tom McAughtrie and Alistair Geddes were duly elected Chairman and Vice Chairman respectively

Elections Manager

13 LICENSING (SCOTLAND) ACT 2005 - VACANCIES ON DIVISIONAL LICENSING BOARDS - REPORT BY DIRECTOR CHIEF EXECUTIVE SERVICE

Decision

 

AGREED

 

13.1     that Andy Fergusson be elected to the Nithsdale Divisional Licensing Board; and

 

13.2     that Colin Wyper be elected to the Wigtown Divisional Licensing Board

 

MEMBER - Yen Hongmei Jin left the meeting - 41 Members present

Licensing Manager

14 FOURTH PERIODIC REVIEW OF THE SCHEME FOR THE ESTABLISHMENT OF COMMUNITY COUNCILS IN DUMFRIES AND GALLOWAY - REPORT BY HEAD OF IMPROVEMENT & ENGAGEMENT AND COMMUNITY SERVICES

Decision

 

AGREED

 

14.1     the Scheme and its Schedules;

  

14.2     the recommendations regarding boundary and name changes in Appendix 3;

  

14.3    to authorise the Head of Improvement and Engagement and Community Services to make arrangements for the final stage of a statutory four-week public consultation on the draft Scheme and its associated documents; and

 

14.4    to receive a further report on how the Council should address proposed changes to the Boundaries of Community Councils in the Dumfries Area and the proposed establishment of a Royal Burgh of Dumfries Community Council;

 

NOTED

 

14.5     that the Periodic Review is progressing according to the previously agreed timetable
 

Head of Improvement Engagement and Community Services

15 MINUTES FOR APPROVAL/NOTING

Decision

 

Summary as detailed at the Appendix

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

Decision

 

NOTED that there was no business deemed urgent by the Leader due to the need for a decision.

 
17 LOCAL GOVERNMENT (SCOTLAND) ACT 1973

Decision

 

AGREED to adopt of a resolution to exclude the public from the meeting in terms of Section 50A(4) and Paragraph 11 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

 
EXEMPT
PROCEDURAL REPORTS
18 EQUAL PAY - REPORT BY CHIEF EXECUTIVE

Summary of report - This report updated Members on the arrangements for settling with claimants following the judgement of the Supreme Court in the North and Others -v- Dumfries and Galloway Council.

 

 

Decision

 

18.1     NOTED the Supreme Court judgement in North and Others -v- Dumfires and Galloway Council;

 

AGREED

 

18.2     the arrangements being put in place for settlement; and

 

18.3     to Delegate to the Head of Organisational Development and Human Resources to review all remaining equal pay claims and, in appropriate circumstances, settle these in accordance with Legal Advice received and with the agreement of the Head of Finance.

Head of Organisational Development and HR

Action Details

ItemDetail
9 Action by Service Manager Area Framework Nithsdale - Complete. Letters/emails of thanks sent to Presentors.
10 Action by Finance Officer - Fiona - Officers will monitor and report appropriately to Audit and Risk Management Committee
11 Action by Treasury Insurance Officer - Report received at this Committee and updates will be presented to future meetings as required.
12 Action by Elections Manager - Schemes updated and on website at:


http:www.dumgal.gov.uk/index.aspx?articleid=4688
13 Action by Licensing Manager - Agreed actions implemented
14 Action by Head of Improvement Engagement and Community Services - Action completed. Report going to Full Council 27 March 2014.
18 Action by Head of Organisational Development and HR - Arrangements put in place to negotiate the terms of settlement with Trades Unions representing claimants.