Dumfries and Galloway Council Minutes

Date:
Tuesday 26 September 2017
Time:
10:30am
Place:
Council Offices, English Street, Dumfries (Reports)

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
Karen Carruthers-Annandale East and Eskdale
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:
Willie Scobie - Stranraer and the Rhins
Item Number Item/Description
PUBLIC
1 SEDERUNT AND APOLOGIES

41 Members present, 1 apology and 1 not present at the start of the meeting.

2 DECLARATIONS OF INTEREST

Decision

 

2.1     Andy Ferguson, declared an interest at item 5 - Dumfries and Galloway Integration Joint Board Health and Social Care Annual Performance Report 2016-17 by virtue of his membership of the Integration Joint Board but determined that the interest was such that he would remain in the meeting;

 

2.2     Ian Carruthers, declared an interest at item 5 - Dumfries and Galloway Integration Joint Board Health and Social Care Annual Performance Report 2016-17 by virtue of his membership of the Integration Joint Board but determined that the interest was such that he would remain in the meeting;

 

2.3     Jane Maitland, declared an interest at item 5 - Dumfries and Galloway Integration Joint Board Health and Social Care Annual Performance Report 2016-17 and at Item 7 - Council Plan by virtue of her membership of the Integration Joint Board and the virtue of her husband's business connections with the Kite Project with is mentioned in the report but determined that the interest was such that she would remain in the meeting; and

 

2.4     Gail McGregor, declared an interest at item 5 - Dumfries and Galloway Integration Joint Board Health and Social Care Annual Performance Report 2016-17 and item 8 - Council Financial Strategy 2018-19 - 2022/23 by virtue of her position as Resources Spokesperson for COSLA and that these issues were being dealt with at National Level but determined that the interest was such that she would remain in the meeting.

3 MINUTE OF MEETING OF 27 JUNE 2017

Decision

 

APPROVED

4 MINUTE OF MEETING OF 4 JULY 2017

Decision

 

APPROVED

5 DUMFRIES AND GALLOWAY INTEGRATION JOINT BOARD HEALTH AND SOCIAL CARE ANNUAL PERFORMANCE REPORT 2016-17 - REPORT BY CHIEF EXECUTIVE

MEMBER - Ronnie Nicholson entered the meeting - 42 Members present.

 

MEMBER - Graham Nicol left the meeting - 41 Members present.

 

Decision

 

NOTED

 

5.1     that at its meeting on 27 July 2017, the Dumfries and Galloway Integration Joint Board approved the first Annual Performance Report on progress made by  the Dumfries and Galloway  Health and Social Care Partnership in 2016-17 (paragraphs 3.8, 3.10 and 3.12 of the report);

 

5.2     that the Annual Performance Report was published on 31 July 2017 in accordance with the Public Bodies (Joint Working) (Scotland) Act 2014 and related national guidance (Appendix 1 to the report) (paragraph 3.8 of the report); 

 

5.3     that to ensure transparency and accountability, there will be a public event on Thursday 12 October 2017 to review the Integration Joint Board’s progress against the Scottish Government’s nine National Health and Wellbeing Outcomes in 2016-17 and that the Annual Performance Report will provide the basis for the review (paragraph 3.13 of the report); 

 

5.4     in advance of the public review, and in line with the Council’s Standing Orders, review delivery of the Dumfries and Galloway Health and Social Care Strategic Plan, as outlined in the Annual Performance Report (Appendix 1 to the report) and abbreviated handout (Appendix 2 to the report), in relation to functions delegated by  the Local Authority within the Integration Scheme between NHS Dumfries and Galloway and Dumfries and Galloway Council (Appendix 3 to the report) (paragraph 3.7 of the report);

 

5.5     that the Annual Performance Report will be submitted to Dumfries and Galloway NHS Board on 2 October 2017 for noting (paragraph 3.8 of the report); and

 

5.6     that Integration Joint Board Members present would reflect on comments made in the course of discussion at this meeting.

 

6 ANNUAL TREASURY MANAGEMENT REPORT 2016/17 - REPORT BY HEAD OF FINANCE AND PROCUREMENT

MEMBER - Graham Nicol entered the meeting - 42 Members present.

 

Decision

 

NOTED

 

6.1     the contents of the Annual Treasury Management Report 2016/17 (Appendix 1 to the report) which covers treasury management activities for the year 2016/17 resulting in a net debt position of £197.212 Million as at 31 March 2017;

 

6.2     the transactions and debt performance during 2016/17 as detailed in section 5.0 of the Annual Treasury Management Report 2016/17 (Appendix 1 to the report);

 

6.3     that net interest paid in the year was £8.476 Million and expenses £0.112 Million as detailed in section 10.0 of the Annual Treasury Management Report (Appendix 1 to the report);

 

6.4     that the Treasury and Capital Team are actively working to improve internal communication around the notification and timing of significant cash receipts to ensure compliance with Treasury Limits; and

 

6.5     that the appropriateness of existing Treasury Limits is currently under review and changes, if appropriate would be presented to Members for consideration.

7 COUNCIL PLAN 2017-2022 - REPORT BY CHIEF EXECUTIVE

VOTE

 

7.1     MOTION by  ARCHIE DRYBURGH seconded by RONNIE NICHOLSON to (1) note the approach taken to developing the Council Plan, described at section 4 to the report; (2) note the incorporation of the Administration’s Partnership Agreement within this Plan; (3) note the alignment of this Plan with workforce and financial strategies and plans, and the actions added set out in Appendix 2 of the report and (4) consider and agree the Council Plan 2017-2022 document attached as Appendix 1 to the report.

 

7.2     AMENDMENT by IAN CARRUTHERS seconded by  GRAHAM NICHOL to defer decision, to allow for Opposition consultation for one month.

 

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

 

7.3     Motion - 25 Votes being:-

 

Elaine 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, David Stitt, Ros Surtees, Stephen Thompson, Adam Wilson, Andrew wood and John Young 

 

7.4     Amendment - 16 Votes being:-

 

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

 

7.5     Abstain - 1 being:-

 

Richard Brodie

 

Decision

 

NOTED

 

7.1     the approach taken to developing the Council Plan, described at section 4 to the report;

 

7.2     the incorporation of the Administration’s Partnership Agreement within this Plan;

 

7.3     the alignment of this Plan with workforce and financial strategies and plans, and the actions added set out in Appendix 2 of the report;

 

7.4     AGREED the Council Plan 2017 - 2022 document attached as Appendix 1 to the report and to incorporate suggestions of Members in relation to Chapelcross; investment of the arts in the whole region; tidal energy project in the Solway; and the Viking Hoard.
 

8 COUNCIL FINANCIAL STRATEGY 2018/19 - 2022/23 - REPORT BY HEAD OF FINANCE AND PROCUREMENT

MEMBER - Gail McGregor left the meeting - 41 Members present.

 

Decision

 

NOTED

 

8.1     that initial projections indicate that the Council has a potential 5 year funding gap of between £64 Million and £98 Million, before council tax increases, with a mid-range estimate of £81 Million.  On these estimates, savings required over the 5 year period would equate to 19% - 29% of current annual revenue spending.
 

8.2     that tackling this gap is likely to result in a radically different Council because of the impact on activities and resources;

 

8.3     that the extent of these challenges will require the further development of the approach to budget and service planning to allow these challenges to be addressed effectively; 

 

8.4     AGREED the Financial Strategy 2018/19 - 2022/23 document attached as Appendix 1 to this report as the basis for the development of medium term service and financial plans, recognising that this document will be subject to ongoing review and that Members will be kept informed of revisions to initial assumptions as the service and financial planning processes are progressed;

 

8.5     NOTED the potential for the level of required revenue savings reflected in the Financial Strategy document to be further increased should Members wish to increase capital investment levels beyond those currently reflected in the agreed 10 Year Capital Investment Strategy.

9 DEVELOPMENT OF THE BUDGET SETTING PROCESS 2018/2019 - REPORT BY DIRECTOR CORPORATE SERVICES

MEMBER - Gail McGregor entered the meeting - 42 Members present.

 

Decision

 

9.1     NOTED the work carried out to support an enhanced budget setting process, which aligns to the delivery of the Council Plan and Financial Strategy, and

 

9.2     AGREED the recommended budget setting process as set out in Appendix 1 to the report, which would support a three year budget process and we should continue to capture savings as part of ongoing financial management.

10 DG ONE - INDEPENDENT INQUIRY - REPORT BY CHIEF EXECUTIVE

MEMBER - David McKie left the meeting - 41 Members present.

 

PROCEDURE - in accordance with Standing Order 15.4,  the issue whether there had been a material change in circumstances which would seek to alter or revoke a decision of Council within the last 6 months was raised.  This requires support from two thirds of Members before any  motion to alter or move a decision can be considered.

 

VOTE

 

 

10.1   17 Members voted in support:-

 

Graham Bell, Ian Blake, Ian Carruthers, Karen Carruthers, John Charteris, Doug Fairbairn, Patsy Gilroy, Andrew Giusti, Iain Howie, Ivor Hyslop, David Inglis, David James, Malcolm Johnstone, Jane Maitland, Graham Nicol, Matthew Ronnie and Ronnie Tait.

 

10.4    24 Members voted against:-

 

Elaine Murray, Rob Davidson, Richard Brodie, Dougie Campbell, John Campbell, Jim Dempster, Archie Dryburgh, Andy Ferguson, Katie Hagmann, Jeff Leaver, Tracey Little, Gail McGregor, Sean Marshall, John Martin, Henry McClelland, Jim McColm, Ronnie Nicholson, Tommy Sloan, David Stitt, Ros Surtees, Stephen Thompson, Adam Wilson, Andrew wood and John Young.

 

The requisite two thirds was therefore not received.

 

Decision

 

AGREED the terms of reference and timescales for the Inquiry as proposed by the Independent Inquiry Chair.

11 SCOTTISH FIRE AND RESCUE SERVICE DUMFRIES AND GALLOWAY COUNCIL CONSULTATION RESPONSE ON NEW DRAFT LOCAL PLAN - REPORT BY DIRECTOR COMMUNITIES

ADJOURNMENT OF MEETING - The meeting was adjourned at 1.10pm and reconvened at 1.45pm - 41 Members present.

 

Decision

 

AGREED the draft response at Appendix 2 to the report  as the Dumfries and Galloway Council response to the consultation on the Scottish Fire and Rescue Service Dumfries and Galloway draft Local Fire and Rescue Plan 2017 following the amendment at item 10 where it should read:-

 

"Dumfries and Galloway Council would like to see greater emphasis within the Local Plan on how the SFRS will fulfil its enhanced leadership role for community planning in light of the new statutory duty under the Community Empowerment (Scotland) Act 2015.  This would include a commitment to work with the Community Planning Partnership (Dumfries and Galloway Strategic Partnership) including on the implementation of the Local Outcomes Improvement Plan and to participate in discussions about the relocation of services to Dumfries and Galloway Scottish Fire and Rescue Service jobs and services to Dumfries and Galloway."

12 DUMFRIES AND GALLOWAY LOCAL OUTCOMES IMPROVEMENT PLAN AND LOCALITY PLANS - REPORT BY DIRECTOR COMMUNITIES

Decision

  

12.1    Examined and discussed the Dumfries and Galloway Local Outcomes Improvement Plan (Appendix 2 to the report) for consideration by  the Dumfries and Galloway Community Planning Partnership;

 

12.2     AGREED amendments and additions to the Locality Plan for Food Sharing (Appendix 3 to the report) for consideration by the Dumfries and Galloway Community Planning Partnership namely to include (1) information on centres and organisation operating in Kirkconnel, Kelloholm, Annan and the Stewartry and  (2)figures from the Oasis Centre and the number of parcels distributed; and

 

12.3     NOTED that the final Plans will be agreed by the Dumfries and Galloway Community Planning Partnership at its meeting on 17 November 2017 as detailed at paragraph 3.2.3 to the report.
 

13 DUMFRIES AND GALLOWAY COUNCIL AREA WORKING AND LOCAL COMMUNITY ENGAGEMENTS ARRANGEMENTS - REPORT BY DIRECTOR COMMUNITIES

Decision

 

AGREED

 

13.1    the proposed remit for Area Committees (Appendix 1to the report);

 

13.2     the proposed frequency and schedule of meetings and these should take place during the daytime (Appendix 2 and paragraph 3.15 to the report);

 

13.3     to the addition of four liaison meetings each year, held in local venues, between the Strategic Leadership Team and the eight Chairs and Vice Chairs of the Area Committees, and Members of Area Committees (paragraph 3.16 to the report);

 

13.4     the membership and boundaries of Area Committees (Appendix 3 (Option 1) and paragraph 3.17 to the report);

 

13.5     the proposals for improving the Council’s arrangements for community participation and engagement with a progress report to the Review of Standing Orders Sub Committee before the summer recess in 2018 (paragraphs 3.18 to 3.20 to the report); and

 

13.6     the proposed Operating Protocol for Ward events which provides for a ‘bottom-up’ approach to identifying topics for the Ward events (Appendix 5 to the report) with amendments at item 3. Making arrangements which should read:-

 

"3.1 Lead Member - Each Ward Member will have the opportunity to be the lead for one of the Ward Events (this will be undertaken alphabetically based on Ward Members surnames during the course of the year.  The role will be: chair/host the event; approve the Event Note for issue.  The final programme and invitees will be approved by no less than 2 on a 3 Member Ward and 3 on a 4 Member Ward".
 

14 DISPOSAL AND ACQUISITION POLICY - REPORT BY HEAD OF ORGANISATIONAL DEVELOPMENT, HUMAN RESOURCES AND ASSETS

Decision

 

AGREED

 

14.1    to withdraw delegation from Policy and Resources Committee;

 

14.2     to adopt the Disposal and Acquisition Policy contained at Appendix 3 to the report, and summarised in the flowcharts at Appendix 4 to the report, to replace the existing Acquisition and Disposal Policies shown in Appendices 1 and 2 to the report respectively; and

 

14.3    to amend the flowchart at Appendix  4 to the report to consult Community Councils and Groups advised by the Area Committee with regard to any  potential community uses.
 

15 AMENDMENTS TO STANDING ORDERS - REPORT BY HEAD OF LEGAL AND DEMOCRATIC SERVICES

MEMBER - Gail McGregor left the meeting - 40 Members present.

 

Decision

 

AGREED the terms of Standing Order 8 and the amendment of the Scheme of Administration and Delegation to Committees at para 4.6 of the Scheme to allow for the use of substitutes at Common Good Fund Sub Committees, with the amendment that the substitute can be from any party (or non-aligned) and the substitute member requiring a substitute shall advise the appropriate officer of their intention to be present .

16 LICENSING (SCOTLAND) ACT 2005 VACANCIES ON DIVISIONAL LICENSING BOARDS - NOMINATIONS TO DIVISIONAL LICENSING BOARDS - REPORT BY HEAD OF LEGAL AND DEMOCRATIC SERVICES

MEMBERS - Gail McGregor and David McKie entered the meeting - 42 Members present.

 

MEMBER - Stephen Thomson left the meeting - 41 Members present.

 

Decision

 

16.1     NOTED the current membership of the Licensing Boards; and 

 

16.2   AGREED that Henry McClelland would fill the vacancy in Annandale and Eskdale Divisional Licensing Board later in October, Dougie Campbell would fill the vacancy in the Wigtown Divisional Licensing Board and John Young would fill the vacancy in the Stewartry Divisional Licensing Board.

 


 

17 CONFIRMATION OF OUTSIDE BODIES APPOINTMENTS - REPORT BY HEAD OF LEGAL AND DEMOCRATIC SERVICES

Decision

 

AGREED representation on outside bodies as set out in Appendix 1 attached to the report and agreed to remove Champions from this list which should be restricted to Outside Bodies.

18 MINUTES FOR APPROVAL/NOTING

Decision

 

see separate volume

19 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

20 LOCAL GOVERNMENT (SCOTLAND) ACT 1974

VOTE

 

20.1    MOTION by IAN CARRUTHERS seconded by DAVID JAMES to not exclude the public from this meeting in terms of Section 50A (4) paragraphs 6, 8 and 9 of Part 1 of Schedule 7A  to the Local Government (Scotland) Act 1973.

 

20.2    AMENDMENT by ARCHIE DRYBURGH seconded by JEFF LEAVER to exclude the public from the meeting in terms of Section 50A (4) paragraphs 6, 8 and 9 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

 

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

 

20.3    Motion - 16 Votes being:-

 

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

 

20.4    Amendment - 25 votes being:-

 

Elaine Murray, Rob Davidson, Richard Brodie, 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, David Stitt, Ros Surtees, Adam Wilson, Andrew Wood and John Young.

 

Decision

 

20.5    AGREED to adopt a resolution to exclude the public from the meeting in terms of Section 50A (4) paragraphs 6, 8 and 9 of Part 1 of Schedule 7A to the Local Government (Scotland) Act 1973.

EXEMPT
21 DGONE - UPDATE - REPORT BY DIRECTOR CHILDREN, YOUNG PEOPLE AND LIFELONG LEARNING

Summary of Report

The report provided information to Members on action taken since the Full Council meeting on 4 July 2017, in relation to the costs of completing the remedial works, including the further safety issues identified, and bringing back the facility into operation.  The report provided an update on projected costs and a programmed timeline and sought Members approval of additional funding to complete the remedial project. 

  

Summary of Decision

 

Following a vote Members agreed to proceed with the DGOne Project and to grant additional funding and that progress reports be presented to each Full Council meeting for scrutiny and monitoring.