Dumfries and Galloway Council Minutes

Date:
Thursday 25 September 2014
Time:
10:30am
Place:
Council Offices, English Street, Dumfries (Reports)

Attendance Details

Members:
Ronnie Nicholson (Leader)-North West Dumfries
Graham Bell-North West Dumfries
Ian Blake-Abbey
Ian Carruthers-Annandale South
Karen Carruthers-Annandale East and Eskdale
Finlay Carson-Castle Douglas and Glenkens
Brian Collins-Castle Douglas and Glenkens
Rob Davidson-Abbey
Jim H Dempster-Mid and Upper Nithsdale
Iain Dick-Stranraer and North Rhins
Archie Dryburgh-Annandale East and Eskdale
Gillian Dykes-Mid and Upper Nithsdale
Andy Ferguson-North West Dumfries
Grahame Forster-Wigtown West
Alistair Geddes-Mid Galloway
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
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
Colin Wyper-Dee
Apologies:
Richard Brodie - Annandale South
Peter Diggle - Annandale North
Item Number Item/Description
PUBLIC
1 SEDERUNT AND APOLOGIES

PROCEDURE - The Leader paid tribute to the work of the Counting Officer, Electoral Registration Officer and their respective staff teams during the process of the Referendum. He acknowledged the large turnout, both in terms of postal and voting in person and the considerable efforts put into preparations by all staff involved in the Poll and overnight Count.

 

45 Members present, 2 apologies

2 DECLARATIONS OF INTEREST

2.1      Brian Collins declared an interest in item 10 (Appointments to Outside Bodies) but determined that his interest was such that he did not require to leave the meeting during consideration of this item.

2.2     Declarations of Interest were made by the following Members in relation to item 12 (Notice of Motion - The Implementation of Long Term Empty Property Legislation) by virtue of either personal or familial interests as property owners or owners of leased property:-

2.2.1  Graham Bell, Jim Dempster, Patsy Gilroy, Yen Hongmei Jin, Jim McColm, Marion McCutcheon, Ronnie Nicholson, Graham Nicol, Craig Peacock, John Syme, Stephen Thompson, Ted Thompson, Andrew Wood, Colin Wyper - and determined that their interest was such that they would leave the meeting during consideration of this item.

 

2.2.2  Finlay Carson, Gill Dykes (familial interest), Jim McClung and Alastair Witts also declared an interest in item 12 but determined that their interest was such that they did not require to leave the meeting during consideration of this item.

 

2.2.3  Ivor A Hyslop - having received Governance advice, determined that his future interest in a property was such that he would leave the meeting during consideration of this item.

2.2.4  Jeff Leaver - having received Governance advice regarding a property outwith the region, determined that his interest was such that he did not require to leave the meeting during consideration of this item.

3 MINUTE OF MEETING OF 26 JUNE 2014

Decision

 

APPROVED subject to the following amendments:-

 

3.1      to reflect that David J McKie left the meeting during consideration of item 11 (Scottish Fire and Rescue: Dumfries and Galloway Local Plan 2014-2017);

 

3.2      that the decision at paragraph 14 (Notice of Motion - Stranraer Waterfront Regeneration) be preceded with a procedural note to reflect that Members had agreed to withdraw delegation from the Policy and Resources Committee prior to agreeing to defer consideration of this item to a future meeting to enable additional information to be provided; and

3.3      that the word "which" be substituted for "when" in the terms of the amendment at paragraph 16.2.

4 MINUTE OF MEETING OF 9 JULY 2014

Decision

 

APPROVED.

5 COMMITTEE ARRANGEMENTS - REPORT BY DIRECTOR CHIEF EXECUTIVE

PROCEDURE - In response to the recommendation in the report requesting that Members consider the vacant positions for Senior Councillors, Chairmen and Vice Chairmen, the Leader seconded by Colin Smyth tabled a proposed slate of salaried Chairs and Vice Chairs (Appendix 1) and called for nominations for the remaining vacant positions.

 

Ivor A Hyslop, seconded by Graham Nicol, on behalf of the Dumfries and Galloway Conservative & Unionist Council Group, proposed the following Members to the remaining vacant positions:-

 

Audit and Risk Management Committee Chair - Gill Dykes (salaried)
Audit and Risk Management Committee Vice Chair - Patsy Gilroy (not a salaried Senior Councillor position)
Stewartry Area Committee Chair - Finlay Carson (salaried)
Stewartry Area Committee Vice Chair - Ian Blake (not a salaried Senior Councillor position)
Employment and Appeals Sub Committee Chair - Graham Nicol (not a salaried Senior Councillor position)

 

PROCEDURE - The Leader, seconded by Colin Smyth, proposed that the number of Members on Committees be increased from 19 to 21 Members to be more proportionate and inclusive.

 

The Director Chief Executive Service advised that the basis of proportionality for 21 Member Committees would be as follows:- Administration 7, Scottish National Party 4, Dumfries and Galloway Conservative & Unionist Council Group 4; The Dumfries and Galloway Council Conservative & Unionists’ Group 3, Independent Group 2, Non Aligned Group 1

 

VOTE

 

5.1      MOTION by WILLIE SCOBIE seconded by ANDREW S WOOD that all Sub Committees should comprise 11 Members.

 

5.2      AMENDMENT by COLIN SMYTH seconded by RONNIE NICHOLSON that the status quo, insofar as Sub Committees were concerned, should apply (11 Members) other than Employment and Appeals and Licensing Panels which comprised 7 and 5 Members respectively selected from a pool of 21 Members, Welfare Reform Sub Committee 7 Members, and ad hoc Sub Committees whose size and composition were determined by the parent Committee.


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


Motion - 4 votes being:-

 

Grahame Forster, Jane S Maitland, Willie Scobie and Andrew S Wood


Amendment - 40 votes being:-

 

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


Abstention - 1 being:- Stephen Thompson


Decision


AGREED


5.4      the appointments of Senior Councillors, Chairmen and Vice Chairmen for the vacant positions as detailed at Appendix 2;


5.5      that the number of Members on Committees be increased from 19 to 21, based on proportionality; and


5.6      that the status quo, insofar as Sub Committees were concerned, should apply (11 Members) other than Employment and Appeals and Licensing Panels which comprised 7 and 5 Members respectively selected from a pool of 21 Members, Welfare Reform Sub Committee 7 Members, and ad hoc Sub Committees whose size and composition were determined by the parent Committee.

6 ANNUAL TREASURY MANAGEMENT REPORT 2013/14 - REPORT BY HEAD OF FINANCE

Decision

 

6.1      the treasury management activities for the year 2013/14 which had resulted in a net debt position of £168.325m at 31 March 2014; and

 

6.2      the transactions and debt performance during 2013/14, including net interest paid of £8.093m during the year.
 

7 REVIEW OF STANDING ORDERS AND SCHEMES - REPORT BY DIRECTOR CHIEF EXECUTIVE SERVICE

Decision

 

AGREED

 

7.1      that Standing Orders be amended to include for the recording of dissent at any Council or Committee meeting, other than the Employment and Appeals Sub Committee, in the form of minuting the terms of any motion or amendment that was not seconded;

 

7.2      the amendments to the Scheme of Administration and Delegation to Committees, firstly, in relation to (a) the composition of the Employment and Appeals Sub Committee which would comprise 21 Members for the purpose of Chief Officer appointments, with a panel of 7 Members comprising the Chairman and 6 other Members rotated from the 21 Member Sub Committee for disciplinary and grievance hearings; secondly, that substitution would be permitted on the panel for grievance and disciplinary hearings provided that the substitution took place 3 clear days before the hearing; and further to adopt the recommendation from the Community and Customer Services Committee that Health and Wellbeing issues would fall within the remit of that Committee; and

 

7.3      to receive further recommendations from the ad hoc Sub Committee Review of Schemes on (1) reporting lines for the Social Work Sub Committee and the Housing Sub Committee; and (2) the recording of dissent and/or a ballot in minutes of hearings of the Employment and Appeals Sub Committee in relation to disciplinary and grievance issues.

 

MEMBER - Tom McAughtrie left the meeting - 44 Members present

8 REVIEW OF COUNCIL'S PRIORITIES AND COMMITMENTS - REPORT BY CHIEF EXECUTIVE

PROCEDURE - The Leader, seconded by Colin Smyth, tabled revised proposed Priorities and Commitments for the Council as proposed by the Administration (Appendix 3).

 

Decision

AGREED

 

8.1      the revised Priorities and Commitments;

 

8.2      that these should be embedded within departmental business plans; and

 

8.3      to receive a further report on Member engagement in the implementation of the Priorities and Commitments.

 

MEMBERS- Tom McAughtrie re-entered the meeting - 45 Members present; and Graham Bell left the meeting during consideration of the following item of business - 44 Members present

 

PROCEDURE - The Director Chief Executive Service left the meeting during consideration of the following item of business. The Governance Policy Officer assumed the role of Governance Officer in the Director’s absence.
 

9 SHAPE OF THE COUNCIL - DEVELOPMENT OF PROPOSALS - REPORT BY CHIEF EXECUTIVE

Decision

 

NOTED

 

9.1      the approach and actions being taken by the Chief Executive for the Programme of Change, which would align service management with the necessary governance and decision-making structures of the Council, and would be presented for consideration at the next meeting of the Full Council in December 2014; and

 

9.2      the arrangements that have been made to sustain capacity to manage services in the interim period with effect from 22 September 2014.

 

PROCEDURE - The Director Chief Executive Service re-entered the meeting and resumed the role of Governance Officer. 

10 APPOINTMENTS TO OUTSIDE BODIES - REPORT BY DIRECTOR CHIEF EXECUTIVE SERVICE

Decision

 

NOTED that the report had been withdrawn and would be presented for consideration at the next meeting of the Full Council in December 2014.

 

MEMBERS - Ian Carruthers, Karen Carruthers, Jack Groom, Gail Macgregor and Roberta Tuckfield left the meeting - 39 Members present
 

11 NOTICE OF MOTION - STRANRAER WATERFRONT REGENERATION- REPORT BY DIRECTOR CHIEF EXECUTIVE SERVICE

MEMBERS - Marion McCutcheon left the meeting and Gail Macgregor entered the meeting during consideration of this item - 39 Members present

 

VOTE

 

11.1     MOTION by JIM McCLUNG seconded by ALISTAIR GEDDES that Council allocate all of the money so far received, and to be received in future, from Scottish Water from the sale and lease of the land on Stranraer Waterfront to the ongoing Waterfront Regeneration Project.

 

11.2     AMENDMENT by COLIN SMYTH seconded by JEFF LEAVER that the allocation of resources to the Stranraer Waterfront Project be considered as part of the Council’s Capital Investment Strategy and capital programme, which would be reported to the Policy and Resources Committee in November 2014.

 

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

 

Motion - 13 votes being:-


Brian Collins, Rob Davidson, Iain Dick, Andy Ferguson, Grahame Forster, Alistair Geddes, Yen Hongmei Jin, Jim McClung, Jim McColm, Willie Scobie, Stephen Thompson, Alastair Witts and Andrew S Wood

 

Amendment - 24 votes being:-


Ronnie Nicholson, Ian Blake, Finlay Carson, Jim Dempster, Archie Dryburgh, Gill Dykes, Patsy Gilroy, Ivor A Hyslop, Jeff Leaver, Tom McAughtrie, David J McKie, Jane S Maitland, Denis R Male, Sean W Marshall, John Martin, Graham Nicol, Ronnie Ogilvie, Craig Peacock, George N Prentice, Colin Smyth, David Stitt, John Syme, Graeme Tait and Ted Thompson

 

Abstentions - 2 being:- Gail Macgregor and Colin Wyper

 

Decision

 

NOTED

 

11.4     the decision of the Council on 26 June 2014 to defer consideration of the Notice of Motion to a future meeting to enable additional information to be provided;

 

11.5     the withdrawal of delegation from the Policy and Resources Committee; and

 

11.6     AGREED that the allocation of resources to the Stranraer Waterfront Project be considered as part of the Council’s Capital Investment Strategy and capital programme, which would be reported to the Policy and Resources Committee in November 2014.

 

MEMBERS - Ronnie Nicholson, Jim Dempster, Patsy Gilroy, Yen Hongmei Jin, Ivor A Hyslop, Jim McColm, Graham Nicol, Craig Peacock, John Syme, Stephen Thompson, Ted Thompson, Andrew S Wood and Colin Wyper, having previously declared an interest left the meeting - 26 Members present

 

PROCEDURE - Colin Smyth assumed the role of Chairman in the absence of the Leader. 

12 NOTICE OF MOTION - LONG TERM EMPTY PROPERTIES - REPORT BY DIRECTOR OF COMMUNITY AND CUSTOMER SERVICES

VOTE

 

12.1     MOTION by WILLIE SCOBIE seconded by GRAHAME FORSTER that delegation be withdrawn from the Policy and Resources Committee in order to consider the Notice of Motion.

 

12.2     AMENDMENT by FINLAY CARSON seconded by GEORGE N PRENTICE that delegation be not withdrawn from the Policy and Resources Committee.

 

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

 

Motion - 12 votes being:-


Archie Dryburgh, Grahame Forster, Jeff Leaver, Tom McAughtrie, David J McKie, Sean W Marshall, John Martin, Ronnie Ogilvie, Willie Scobie, Colin Smyth, Davie Stitt and Graeme Tait

 

Amendment - 13 votes being:-


Ian Blake, Finlay Carson, Brian Collins, Rob Davidson, Iain Dick, Gill Dykes, Andy Ferguson, Alistair Geddes, Jim McClung, Gail Macgregor, Jane S Maitland, Denis R Male and George N Prentice

 

Abstention - 1 being:- Alastair Witts

 

Decision

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

 

MEMBERS - Ronnie Nicholson, Jim Dempster, Patsy Gilroy, Yen Hongmei Jin, Ivor A Hyslop, Jim McColm, Marion McCutcheon, Graham Nicol, Craig Peacock, John Syme, Stephen Thompson, Ted Thompson and Colin Wyper re-entered the meeting - 39 Members present

 

PROCEDURE - The Leader re-assumed the role of Chairman.

13 NOTICE OF MOTION - RECENTS EVENTS IN GAZA - REPORT BY ASSISTANT CHIEF EXECUTIVE

VOTE

 

13.1      MOTION by WILLIE SCOBIE seconded by ALISTAIR GEDDES that, from a humanitarian perspective, the Council notes with grave concern, recent events in Gaza; notwithstanding the current ceasefire, calls upon both the Israeli Government and Hamas to cease the targeting of hospitals, schools and other buildings used by the civilian population of both sides in this conflict; requests that every possible effort is made to ensure that the current ceasefire is followed by a just and lasting peace; until this objective is achieved, endorses the Palestinian Civil Society’s call for the implementation of a campaign of boycott and sanctions against the state of Israel until it complies with U.N. resolutions and observes the principles of International Law; deprecates Israel’s continued ignoring of these resolutions and its flouting of International Law; and calls upon the UK Government to take the lead in implementing the campaign of boycott and sanctions on a European and Global basis.

 

13.2     AMENDMENT by RONNIE NICHOLSON seconded by TOM McAUGHTRIE that, from a humanitarian perspective, the Council notes with grave concern, recent events in Gaza; notwithstanding the current ceasefire, calls upon both the Israeli Government and Hamas to cease the targeting of hospitals, schools and other buildings used by the civilian population of both sides in this conflict; requests that every possible effort is made to ensure that the current ceasefire is followed by a just and lasting peace.

 

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

 

Motion - 11 votes being:-


Brian Collins, Rob Davidson, Iain Dick, Andy Ferguson, Grahame Forster, Alistair Geddes, Yen Hongmei Jin, Jim McClung, Willie Scobie, Stephen Thompson and Alastair Witts

 

Amendment - 28 votes being:-


Ronnie Nicholson, Ian Blake, Finlay Carson, Jim Dempster, Archie Dryburgh, Gill Dykes, Patsy Gilroy, Ivor A Hyslop, Jeff Leaver, Tom McAughtrie, Jim McColm, Marion McCutcheon, Gail Macgregor, David J McKie, Jane S Maitland, Denis R Male, Sean W Marshall, John Martin, Graham Nicol, Ronnie Ogilvie, George N Prentice, Colin Smyth, Davie Stitt, John Syme, Graeme Tait, Ted Thompson and Colin Wyper

 

Decision

 

AGREED, from a humanitarian perspective, that the Council notes with grave concern, recent events in Gaza; notwithstanding the current ceasefire, calls upon both the Israeli Government and Hamas to cease the targeting of hospitals, schools and other buildings used by the civilian population of both sides in this conflict; and requests that every possible effort is made to ensure that the current ceasefire is followed by a just and lasting peace.

 

MEMBERS - Sean W Marshall, Grahame Forster, Iain Dick, Ian Blake, Yen Hongmei Jin, Colin Wyper and Tom McAughtrie left the meeting - 32 Members present

14 MINUTES FOR APPROVAL/NOTING

Decision

 

Summary as detailed at Appendix 4.

15 ANY OTHER BUSINESS DEEMED URGENT BY THE CHAIRMAN DUE TO THE NEED FOR A DECISION

Decision

 

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