Dumfries and Galloway Council Minutes

Date:
Thursday 3 March 2016
Time:
12:00pm
Place:
Council Offices, English Street, Dumfries

Attendance Details

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

26 Members present, 18 apologies, 3 Members not present at the start of the meeting

2 DECLARATIONS OF INTEREST

NONE declared

3 STANDING ORDER 6.6 SPECIAL MEETING OF FULL COUNCIL - REPORT BY DIRECTOR OF CORPORATE SERVICES

Decision

 

NOTED that, in accordance with the provisions of Standing Orders 6.6, this meeting of the Council had been properly called and that the business on the agenda related solely to business concerning DG One.

4 LOCAL GOVERNMENT (SCOTLAND) ACT 1973

Decision

 

AGREED to adopt a resolution to exclude the public from the meeting in terms of Section 50A(4) and Paragraphs 6 and 12 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

 

MEMBERS - Finlay Carson, Jim Dempster, Colin Symth entered the meeting - 29 Members present

EXEMPT
5 DGONE - UPDATE POSITION - REPORT BY DIRECTOR COMMUNITIES

Decision

 

Summary - This report provided Members with the updated position in relation to the legal position of the Council’s claims against Kier and progress with the mediation process.

NOTED


5.1     that a final position had been reached in the mediation process; and

 

5.2    the main terms of the proposed extra judicial settlement agreement reached with Kier.
 

6 DGONE - FURTHER UPDATE - REPORT BY DIRECTOR COMMUNITIES

Decision

 

Summary - This report provided Members with an update on a revised offer of extra judicial settlement by Keir, as part of the mediation process.

 

AGREED


6.1      the terms of the extra judicial settlement now offered by Kier;

 

6.2     to delegate irrevocable authority to the Head of Legal and Democratic Services, Rhona Lewis, to finalise the details of the settlement agreement and execute any settlement agreement, and any other documents necessary for the proper implementation of the agreed settlement terms on behalf of the Council and thus bind the Council; and

 

6.3     that the relevant Service Committee progresses the remedial works for DGOne.