Dumfries and Galloway Council Minutes

Date:
Thursday 15 December 2016
Time:
10:30am
Place:
Council Offices, English Street, Dumfries (Reports)

Attendance Details

Members:
Ronnie Nicholson (Leader)-North West Dumfries
Ted Thompson (Depute Leader)-Lochar
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
Archie Dryburgh-Annandale East and Eskdale
Gillian Dykes-Mid and Upper Nithsdale
Douglas Fairbairn-Annandale North
Andy Ferguson-North West Dumfries
Grahame Forster-Wigtown West
Patsy Gilroy-Dee
Jack Groom-Nith
Ivor A Hyslop-Lochar
Jeff Leaver-Lochar
Gail Macgregor-Annandale North
Jane S Maitland-Dee
Sean W Marshall-Annandale South
John Martin-Nith
Tom A McAughtrie-Abbey
Jim McClung-Wigtown West
Jim McColm-Mid Galloway
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
Stephen Thompson-Annandale North
Roberta Tuckfield-Wigtown West
Alastair Witts-Nith
Andrew S Wood-Mid and Upper Nithsdale
Apologies:
Finlay Carson - Castle Douglas and Glenkens
Brian Collins - Castle Douglas and Glenkens
Peter Diggle - Annandale North
Alistair Geddes - Mid Galloway
Yen Hongmei Jin - Lochar
Denis R Male - Annandale East and Eskdale
Marion McCutcheon - Stranraer and North Rhins
Colin Wyper - Dee
Item Number Item/Description
PUBLIC
1 SEDERUNT AND APOLOGIES

The Leader welcomed newly elected councillor for Annandale North Douglas Fairbairn to his first meeting of Full Council.

 

37 Members present, 8 apologies and 2 not present at the start.
 

2 DECLARATIONS OF INTEREST

 2.1 Graham Bell declared an interest in item 6 by virtue of the fact that his views in opposing some aspects of this report were widely known and having taken advice had determined that that his interest was such that he would leave the meeting for consideration of that item.

 

2.2 Archie Dryburgh declared an interest in tem 8 by virtue of the fact that he had helped one of the applicants with their policy but had determined that his interest was such that there was no requirement for him to leave the meeting during consideration of this item.

 

2.3 Gillian Dykes declared an interest in item 6 by virtue of being the subject of an investigation and had determined that her interest was such that she would leave the meeting for that item.

 

2.4 Andrew S.Wood declared an interest in item 6 by virtue of having entered into correspondence on the matter, but determined as he was a Member of the Audit and Risk Committee that he had a contribution to make to the discussions that there was no requirement for him to leave the meeting during consideration of that item.

 

2.5 Iain Dick declared an interest in item 8 by virtue of the fact that he rented a desk from Stranraer Credit Union as part of his work had and had determined that his interest was such that he would leave the meeting during consideration of that item.
 

3 MINUTE OF MEETING OF 20 SEPTEMBER 2016 AT 10.30AM

Decision

 

APPROVED

 

PROCEDURE - The Governance Officer provided advice to Full Council regarding administrative amendments to minutes due to errors on the Council’s website as follows:-

 

“Councillors Ferguson and Maitland brought to officers attention earlier this week that minutes which had been amended by Full Council had not been changed on the web. This has been caused by technical difficulties with the system in updating minutes. This has affected the publication of papers.
 

I wish to assure members that the amendment made by Full Council on 20 September to the Social Work minute from June has indeed been made and accepted and this is the official position. This will be reflected on egenda and on the web over the course of the next few days when the technical difficulties have been resolved.”
 

This was accepted.
 

4 MINUTE OF MEETING OF 20 SEPTEMBER 2016

Decision

 

APPROVED

5 FINANCIAL STRATEGY - UPDATE ON CORPORATE BUDGET POSITION 2017-18 - REPORT BY HEAD OF FINANCE AND PROCUREMENT

Decision

 

NOTED

 

5.1: the Council’s 2017/18 projected savings requirements, as outlined at Sections 5 & 6 of the report, based on the estimated implications of potential reductions in funding for Scottish local government; 

 

5.2 the significant uncertainty regarding the potential funding reductions that would be applied to Local Government and the commitments/conditions that would be attached to the Settlement, as highlighted at section 8 of the report; 

 

5.3 that a briefing note would be provided to Members on the details of the 2017/18 Local Government Finance Settlement, which was due to be announced by the Scottish Government on 15 December 2016, at the earliest opportunity and would be followed up by a formal report to Policy and Resources Committee in the new year; and 


5.4 that the current projections reflected in this report would be subject to change once the Settlement details are made available

 

MEMBERS - Graham Bell, Gillian Dykes and Jack Groom left the meeting - 34 Members present.

 

6 LOCAL DEVELOPMENT PLAN - MAIN ISSUES REPORT FOR PUBLIC ENGAGEMENT - REPORT BY DIRECTOR ECONOMY ENVIRONMENT AND INFRASTRUCTURE

MEMBER - Richard Brodie entered the meeting - 35 Members present.

 

Decision

 

AGREED 

 

 6.1 the Main Issues Report (Appendix 1 of the report) and the Strategic Environmental Assessment Environmental Report (Appendix 2 of the report) for public consultation from Monday 30 January to Monday 24 April 2017, along with the supporting documents listed in paragraph 3.10 of the report; and

 

6.2 to remit with powers to the Head of Planning and Regulatory Services to make further minor technical and consequential modifications to the Strategic Environmental Assessment Environmental Report and Main Issues Report as required to improve presentation and ensure consistency

 

MEMBERS - Graham Bell and Jack Groom entered the meeting - 37 Members present.
 


 

7 SCOTTISH GOVERNMENT ENTERPRISE AND SKILLS REVIEW - REPORT BY CHIEF EXECUTIVE

Decision

 

7.1 AGREED to withdraw delegation from the Economy, Environment and Infrastructure Committee as detailed at paragraph 1.2 of the report;

 

MEMBERS - Gillian Dykes and Patsy Gilroy entered the meeting - 39 Members present.

 

MEMBER - Ian Carruthers left the meeting - 38 Members present

 

NOTED

 

7.2 the outcome from Phase 1 of the Scottish Government Enterprise and Skills Review as detailed in the Appendix of the report; 

 

7.3 the collaboration between Scottish Borders Council and Dumfries and Galloway Council in progressing discussions with the Scottish Government as detailed at paragraph 3.5 of the report; 

 

AGREED

 

7.4 the principles which should underpin the establishment of the new enterprise vehicle for the South of Scotland as detailed in this report at paragraph 3.6 of the report; 

 

7.5 to remit, with powers, the Chief Executive to engage with Scottish Government, the Strategic Partnership and wider stakeholders in order to develop a detailed proposal for a South of Scotland enterprise vehicle as detailed at paragraph 3.10 of the report; and 

 

7.6 to receive a future report once further detail is available following the completion of 7.5 above.

 

MEMBERS - Iain Dick, and Andrew S Wood left the meeting - 36 Members present.


 

8 IMPLEMENTING OUR COUNCIL'S ANTI-POVERTY STRATEGY - REPORT BY DIRECTOR COMMUNITIES

MEMBER - Ian Carruthers entered the meeting - 37 Members present

 

Decision

 

8.1 NOTED the very positive progress in the implementation of the Tackling Poverty Action Plan and the wide range of related activity also being undertaken as set out in Section 3.3 - 3.27 and the Appendix of the report; and 

 

8.2 AGREED the allocation of funding to three projects detailed in Sections 4.1 - 4.1.4 of the report. 


 

9 AMENDMENTS TO STANDING ORDERS AND SCHEME OF ADMINISTRATION AND DELEGATION TO COMMITTEES - REPORT BY DIRECTOR CORPORATE SERVICES

MEMBER - Iain Dick entered the meeting - 38 Members present.

 

Decision

 

AGREED the proposed amendments to Standing Orders (Appendix 1) and the scheme of administration and Delegation to Committees (Appendix 2) as detailed in the report

10 AMENDMENTS TO SCHEME OF DELEGATION AND RESPONSIBILITIES TO OFFICERS - REPORT BY DIRECTOR CORPORATE SERVICES

Decision

 

AGREED the proposed amendments to Standing Orders (Appendix 1) and the scheme of administration and Delegation to Committees (Appendix 2) as detailed in the report

11 POLITICAL MEMBERSHIP AND COMMITTEE ARRANGEMENTS - REPORT BY DIRECTOR CORPORATE SERVICES

Decision

 

11.1 NOTED the changes to Political Group membership following the recent By-Election in Annandale North, as detailed at paragraph 3.2 of the report; and

 

AGREED

 

11.2  the appointments to the following positions: Ian Blake to Chairman of the Stewartry Area Committee; Sean Marshall to Vice Chairman of the Annandale and Eskdale Area Committee; and Craig Peacock to Chairman of the Harbours Sub Committee; and 

 

11.3  the allocation of Chairman of the Stewartry Area Committee as a Senior Councillor post.

 

12 LICENSING (SCOTLAND) ACT 2005 - VACANCY ON ANNANDALE AND ESKDALE DIVISIONAL LICENSING BOARD - REPORT BY HEAD OF LEGAL AND DEMOCRATIC SERVICES

Decision

 

NOTED the vacancy on the Annandale and Eskdale Divisional Licensing Board and AGREED to appoint Douglas Fairbairn to the position.

13 SHAPE OF THE COUNCIL - PROGRESS REPORT - REPORT BY CHIEF EXECUTIVE

MEMBERS - Graham Bell, Karen Carruthers and Jack Groom left the meeting - 35 Members present

 

Decision

 

NOTED

 

13.1 the progress achieved in the period since September 2016; 

 

13.2 the amendments to the service management structures as outlined at paragraphs 3.4 to 3.9, reflected in Appendix 2 of the report; 

 

AGREED

 

13.3 to receive a report at Full Council on 28 March, 2017 on the transformation programme; and 

 

13.4 that the Corporate Management Team establish information for Members to consider opportunities for sharing or partnering with other public bodies, including other local authorities, and report back during 2017

 

14 DUTIES AND RESPONSIBILITIES OF MONITORING OFFICER - REPORT BY HEAD OF LEGAL AND DEMOCRATIC SERVICES (MONITORING OFFICER)

PROCEDURE - During discussions on this item Rhona Lewis the Head of Legal and Democratic Services and Monitoring Officer for the Council declared that she considered she had a conflict of interest and was therefore unable to provide governance advice to Full Council, and determined that her interest was such that she would leave the meeting for the remainder of this item. The Governance advice for the remainder of this item was provided to Full Council by Claire Rogerson, Governance Officer.

 

Decision

 

NOTED

 

14.1 the duties of the Monitoring Officer, as detailed in the Local Government and Housing Act 1989 extracted in Appendix 1 of the report; and

 

14.2 the protocol by which the Monitoring Officer will perform her duties set out in Appendix 2 of the report which reflects legislative requirements and best practice.

 

PROCEDURE - Rhona Lewis re-entered the meeting and resumed the role of Governance Officer.
 

15 LOCAL GOVERNMENT ELECTIONS 4 MAY 2017 - DESIGNATION OF POLLING DISTRICTS AND POLLING PLACES - REPORT BY CHIEF EXECUTIVE

MEMBERS - Grahame Forster, George Prentice and Willie Scobie left the meeting - 32 Members present

 

Decision

 

AGREED

16.1 to designate polling districts and polling places for the electoral wards 1 to 12 as contained in the Appendix of the report; and 

 

16.2 to delegate to the Returning Officer, in consultation with local Members, to make any revisions as required.

 

16 COUNCIL PROCUREMENT STRATEGY 2016 - 2018 - REPORT BY HEAD OF FINANCE AND PROCUREMENT

MEMBERS- Grahame Forster, George Prentice and Willie Scobie re-entered the meeting - 35 Members present

 

MEMBERS - Ian Carruthers and Roberta Tuckfield left the meeting - 33 Members present
 

Decision

 

16.1 APPROVED the Council Procurement Strategy, within Appendix 1 of this report; and 

 

16.2 AGREED to receive an annual report to provide an update on progress and achievements from the Council Procurement Strategy in April 2018

 

17 TREASURY MANAGEMENT 2016/17 MID YEAR REVIEW - REPORT BY HEAD OF FINANCE AND PROCUREMENT

Decision

 

NOTED the transactions and debt performance for the period April 2016 to October 2016 as detailed in sections 3.6 to 3.7 in the report.

18 SCRUTINY AND PERFORMANCE COMMITTEE REVIEW - PUBLIC INVOLVEMENT - REPORT BY DIRECTOR CORPORATE SERVICES

Decision

 

AGREED the recommendations from the Scrutiny and Performance Committee Review of Public Involvement as detailed in the Appendix subject to a correction on the membership of the Scrutiny and Performance Committee from October - December 2016 as detailed on the last page of the report, namely that Councillor Wood and not Councillor Prentice had participated during that period.

19 STANDING ORDER 18 - COMMUNITIES COMMITTEE 20 OCTOBER 2016: COMMUNITY TRANSFER OF PORTPATRICK COMMUNITY HALL - REPORT BY DIRECTOR CORPORATE SERVICES

Decision

 

19.1 AGREED that the requisition received (Appendix 1 of the report) in respect of the decision made by the Communities Committee on 20 October 2016, in relation to the community transfer of Portpatrick Community Hall, meets the provisions of Standing Order 18.1;

 

19,2 Having considered the terms of the report presented to the Communities Committee on 20 October 2016 AGREED that the decision taken at Communities Committee on 20 October 2016 stood NOTING that work was being progressed by officers working with the community of Portpatrick.
 

20 MINUTES FOR APPROVAL/NOTING

Decision

 

Summary as detailed in the Appendix.

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

Decision


NOTED that there were no items of business deemed urgent by the Chairman die to the need for a decision.

22 LOCAL GOVERNMENT (SCOTLAND) ACT 1973

Decision

 

AGREED the adoption of a resolution to exclude the public from the meeting in terms of Section 50A (4) of and paragraph 12 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973

EXEMPT
23 LOCAL GOVERNMENT BOUNDARY COMMISSION FOR SCOTLAND - 5TH GENERAL REVIEW OF ELECTORAL ARRANGEMENTS - REPORT BY DIRECTOR CORPORATE SERVICES

Summary of Report - This report provided Members with Senior Counsel advice on the possible challenge to the Local Government Boundary Commission for Scotland’s final recommendations for councillor numbers and ward boundaries for the Dumfries and Galloway Council area,

 

Decision

23.1 AGREED to withdraw delegation from Policy and Resources Committee; and

 

23.2 NOTED the opinion of Senior Counsel on the possible challenge to the Local Government Boundary Commission’s final recommendations for councillor numbers and ward boundaries for Dumfries and Galloway Council area.