Dumfries and Galloway Council Minutes

Date:
Tuesday 27 June 2017
Time:
10:30am
Place:
Council Offices, English Street, Dumfries

Attendance Details

Members:
Elaine Murray (Leader)-Nith
Rob Davidson (Depute Leader)-Abbey
Graham Bell-North West Dumfries
Ian Blake-Abbey
Richard Brodie-Annandale South
Dougie Campbell-Dee and Glenkens
John Campbell-Nith
Ian Carruthers-Annandale South
John Charteris-Lochar
Jim H Dempster-Mid and Upper Nithsdale
Archie Dryburgh-Annandale East and Eskdale
Douglas Fairbairn-Annandale North
Andy Ferguson-North West Dumfries
Patsy Gilroy-Dee and Glenkens
Andrew Giusti-Stranraer and the Rhins
Katie Hagmann-Mid Galloway and Wigtown West
Iain Howie-Castle Douglas and Crocketford
Ivor A Hyslop-Lochar
David Inglis-Mid Galloway and Wigtown West
David James-Castle Douglas and Crocketford
Malcolm Johnstone-Nith
Jeff Leaver-Lochar
Tracey Little-Lochar
Gail Macgregor-Annandale North
Jane S Maitland-Dee and Glenkens
Sean W Marshall-Annandale South
John Martin-Nith
Henry McClelland-Annandale South
Jim McColm-Mid Galloway and Wigtown West
David J McKie-North West Dumfries
Ronnie Nicholson-North West Dumfries
Graham Nicol-Mid Galloway and Wigtown West
Matthew Ronnie-Mid and Upper Nithsdale
Tommy Sloan-Stranraer and the Rhins
Davie Stitt-Abbey
Ros Surtees-Stranraer and the Rhins
Ronnie Tait-Annandale East and Eskdale
Stephen Thompson-Annandale North
Adam Wilson-Annandale North
Andrew S Wood-Mid and Upper Nithsdale
John Young-Castle Douglas and Crocketford
Apologies:
Karen Carruthers - Annandale East and Eskdale
Willie Scobie - Stranraer and the Rhins
Item Number Item/Description
PUBLIC
1 SEDERUNT AND APOLOGIES

38 Members present, 2 apologies and 3 not present at the start of the meeting

2 DECLARATIONS OF INTEREST

Decision

 

Jane Maitland declared an interest at Item 6 - Dumfries and Galloway Council - Priorities and Commitments by virtue of her family connection with Kellwood Engineering but declared that the interest was such that she would remain in the meeting

3 MINUTE OF MEETING OF 23 MAY 2017

Decision

 

APPROVED

 

MEMBER - Gail MacGregor entered the meeting - 39 Members present

SPECIAL ITEM
4 REVIEW OF THE SCHEME FOR ESTABLISHMENT OF COMMUNITY COUNCILS IN DUMFRIES AND GALLOWAY - REPORT BY DIRECTOR COMMUNITIES

Decision

 

NOTED

 

4.1     that the Review is progressing according to the agreed timetable as detailed in Appendix 1 to the report;

 

4.2     the feedback from the consultation as set out in paragraph 3.3 of the report; and

 

4.3    AGREED the updated Scheme as at Appendix 3 to the report to form part of the consultation for Phase 2.

REPORTS
5 UNAUDITED ACCOUNTS 2016/17 - REPORT BY HEAD OF FINANCE AND PROCUREMENT

Decision

 

NOTED the Council's unaudited Annual Accounts and the Pension Fund's unaudited Annual Report and Accounts for the financial year ended 31 March 2017 which would be submitted to the Council's external auditors for review. 

 

MEMBER - Andrew Wood entered the meeting - 40 Members present

6 DUMFRIES AND GALLOWAY COUNCIL - PRIORITIES AND COMMITMENTS - REPORT BY CHIEF EXECUTIVE

VOTE

 

6.1     MOTION by ARCHIE DRYBURGH seconded by STEPHEN THOMPSON to (1) note the progress made in delivering the Council’s Priorities and Commitments for 2016-17 as detailed in Appendix 1 of the report; (2) give authority for the detailed commitments in the Administration’s Partnership Agreement at Appendix 2 to the report to be incorporated into an overall Council Plan and Directorate Business Plans to deliver our Council Priorities for 2017-2022; and agreed that a Council Plan is presented at the Full Council meeting on 26 September 2017

 

6.2     AMENDMENT by JANE MAITLAND seconded by IVOR HYSLOP that (1) noted the progress made in delivering the Council’s Priorities and Commitments for 2016-17 as detailed in Appendix 1 of the report; (2) agree that a draft Council Plan be presented at the Full Council meeting on 26 September 2017 following consultation amongst Groups over the Summer Recess

 

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

 

6.3     Motion - 22 Votes being:-

 

Elaine Murray, Rob Davidson, Dougie Campbell, John Campbell, Jim Dempster, Archie Dryburgh, Andy Ferguson, Katie Hagmann, Jeff Leaver, Tracey Linn, Sean Marshall, John Martin, Henry McClelland, David McKie, Ronnie Nicholson, Tommy Sloan, Davie Stitt, Ros Surtees, Stephen Thompson, Adam Wilson, Andrew Wood and John Young

 

6.4     Amendment - 18 Votes being:-

 

Graham Bell, Richard Brodie, Ian Carruthers, John Charteris, Doug Fairbairn, Patsy Gilroy, Andrew Guisti, Iain Howie, Ivor Hyslop, David Inglis, David James, Malcolm Johnstone, Gail McGregor, Jane Maitland, Jim McColm, Graham Nicol, Matthew Ronnie and Ronnie Tait

 

Decision

 

6.5     NOTED the progress made in delivering the Council’s Priorities and Commitments for 2016-17 as detailed in Appendix 1 of the report;

 

AGREED

 

6.6     to give authority for the detailed commitments in the Administration’s Partnership Agreement at Appendix 2 to the report to be incorporated into an overall Council Plan and Directorate Business Plans to deliver our Council Priorities for 2017-2022; and

 

6.7    that a Council Plan is presented at the Full Council meeting on 26 September 2017.

7 ARMED FORCES CHAMPION - ANNUAL REPORT 2016/2017 - REPORT BY DIRECTOR COMMUNITIES

Decision

 

NOTED

 

7.1     the activities undertaken by the Armed Forces Champion as outlined in the Appendix to the report; and

 

7.2     the success of Dumfries and Galloway Council in being awarded a Silver Award by the Ministry of Defence’s (MOD) Employer Recognition Scheme as detailed at paragraph 3.3 of the report.

 

MEMBER - Ian Blake entered the meeting - 41 Members present

8 HEAD OF ECONOMIC DEVELOPMENT RECRUITMENT AND SELECTION - REPORT BY HEAD OF ORGANISATIONAL DEVELOPMENT, HUMAN RESOURCES AND ASSETS

Decision

 

AGREED

 

8.1     the appointment process for this post should be subject to external advert and internal advert; and

 

8.2     the timetable and key stages for the appointment to these posts, as detailed in the report at paragraph 3.7
 

MINUTES FOR APPROVAL
9 MINUTE OF NITHSDALE AREA COMMITTEE (BUSINESS) OF 7 JUNE 2017

Decision

 

WITHDRAWN

REPORTS
10 WHITESANDS PROJECT (FLOOD PROTECTION SCHEME AND PUBLIC REALM IMPROVEMENTS) - UPDATE AND PRELIMINARY DECISION - REPORT BY DIRECTOR ECONOMY, ENVIRONMENT AND INFRASTRUCTURE

Decision

 

10.1     AGREED to withdraw delegation from the Economy, Environment and Infrastructure Committee

 

VOTE

 

10.2     MOTION by ARCHIE DRYBURGH seconded by RONNIE NICHOLSON that Members:- (1) note the process that was followed in publishing the Whitesands Project, and details of the representations received as detailed in paragraphs 3.1 - 3.9 of the report; (2) note that, having received and considered the objections, the need for the Council to make a preliminary decision to confirm the scheme without modifications, confirm the scheme with modifications as detailed in paragraphs 3.10 - 3.13 of the report; (3) agree that given the scheme is that previously agreed by both the Economy, Environment and Infrastructure Committee on 19 December 2016 and by Full Council on 29 December 2016, the decision to be made is to confirm the scheme without modifications as detailed in paragraph 3.14 of the report;  (4) note that in making a preliminary decision to confirm the scheme without modifications it would be necessary to inform all those with outstanding objections and when doing so, information would be provided in response to the objections raised as detailed in paragraph 3.15 of the report; (5)  further note that in making a preliminary decision to confirm the scheme without modifications it would be necessary to advise Scottish Ministers of this decision, thus requiring them to consider whether to call the scheme in and hold a Public Local Inquiry or refer the scheme back to the Council who would be duty-bound to hold a Public Hearing as detailed in paragraphs 3.15 - 3.16 of the report; (6)  agree that, in advising Scottish Ministers of the preliminary decision to approve without modifications, a formal request is made to the Scottish Ministers to call in the Scheme and hold a Public Local Inquiry whereby the decision to confirm the scheme without modifications, confirm the scheme with modifications or reject the scheme is one for the Scottish Ministers based on the findings of the Public Local Inquiry as detailed in paragraph 3.17; and (8) agree to the Project Team working with Finance colleagues to investigate opportunities to make compensation payments for demonstrable losses available to businesses during the construction phase, rather than following scheme completion thus minimising the likelihood of business failure as detailed in paragraphs 3.19 - 3.24

 

10.3     AMENDMENT by IAN CARRUTHERS seconded by GRAHAM NICOL that Members note the process that was followed in publishing the Whitesands Project, and details of the representations received as detailed in paragraphs 3.1 - 3.9 and agree that, having received and considered the objections, the need for the Council to make a preliminary decision to reject the scheme as detailed in paragraphs 3.10 - 3.13 of the report

 

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

 

10.4     Motion - 25 Votes being:-

 

Elain Murray, Rob Davidson, Dougie Campbell, John Campbell, Jim Dempster, Archie Dryburgh, Andy Ferguson, Katie Hagmann, Iain Howie, Jeff Leaver, Tracey Little, Jane Maitland, Sean Marshall, John Martin, Henry McClelland, Jim McColm, David McKie, Ronnie Nicholson, Tommy Sloan, Davie Stitt, Ros Surtees, Stephen Thompson, Adam Wilson, Andrew Wood and John Young

 

10.5     Amendment - 16 Votes being:-

 

Graham Bell, Ian Blake, Richard Brodie, Ian Carruthers, John Charteris, Doug Fairbairn, Patsy Gilroy, Andrew Guisti, Ivor Hyslop, David Inglis, David James, Malcolm Johnstone, Gail Macgregor, Graham Nicol, Matthew Ronnie and Ronnie Tait

 

Decision

 

10.6     NOTED the process that was followed in publishing the Whitesands Project, and details of the representations received as detailed in paragraphs 3.1 - 3.9 of the report;

 

10.7     NOTED that, having received and considered the objections, the need for the Council to make a preliminary decision to confirm the scheme without modifications, confirm the scheme with modifications as detailed in paragraphs 3.10 - 3.13 of the report;

 

10.8     AGREED that given the scheme is that previously agreed by both the Economy, Environment and Infrastructure Committee on 19 December 2016 and by Full Council on 29 December 2016, the decision to be made is to confirm the scheme without modifications as detailed in paragraph 3.14 of the report;

 

10.9     NOTED that in making a preliminary decision to confirm the scheme without modifications it would be necessary to inform all those with outstanding objections and when doing so, information would be provided in response to the objections raised as detailed in paragraph 3.15 of the report;

 

10.10     FURTHER NOTED that in making a preliminary decision to confirm the scheme without modifications it would be necessary to advise Scottish Ministers of this decision, thus requiring them to consider whether to call the scheme in and hold a Public Local Inquiry or refer the scheme back to the Council who would be duty-bound to hold a Public Hearing as detailed in paragraphs 3.15 - 3.16 of the report;

  

10.11     AGREED that, in advising Scottish Ministers of the preliminary decision to approve without modifications, a formal request is made to the Scottish Ministers to call in the Scheme and hold a Public Local Inquiry whereby the decision to confirm the scheme without modifications, confirm the scheme with modifications or reject the scheme is one for the Scottish Ministers based on the findings of the Public Local Inquiry as detailed in paragraph 3.17; and

 

10.12     AGREED to the Project Team working with Finance colleagues to investigate opportunities to make compensation payments for demonstrable losses available to businesses during the construction phase, rather than following scheme completion thus minimising the likelihood of business failure as detailed in paragraphs 3.19 - 3.24

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

Decision

 

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