Dumfries and Galloway Council Minutes

Date:
Thursday 29 March 2018
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
John Charteris-Lochar
Archie Dryburgh-Annandale East and Eskdale
Doug 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
Jane S Maitland-Dee and Glenkens
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
Willie Scobie-Stranraer and the Rhins
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:
Ian Carruthers - Annandale South
Karen Carruthers - Annandale East and Eskdale
Jim H Dempster - Mid and Upper Nithsdale
Gail Macgregor - Annandale North
Sean W Marshall - Annandale South
Matthew Ronnie - Mid and Upper Nithsdale
Item Number Item/Description
PUBLIC
1 SEDERUNT AND APOLOGIES

36 Members present, 6 apologies and 1 Member not present at the start of the meeting.

2 DECLARATIONS OF INTEREST

NONE declared.

3 MINUTE OF MEETING OF 27 FEBRUARY 2018

Decision

 

APPROVED

4 POLICE SCOTLAND - DUMFRIES AND GALLOWAY LOCAL POLICING PLAN 2017-2020

Decision

 

AGREED 

 

4.1    the Police Scotland Dumfries and Galloway Local Policing Plan 2017 - 2020 attached in the Appendix to the report; and

 

4.2    that the Local Commander, in conjunction with Members of the Police, Fire and Rescue Sub Committee, develop a performance report template to improve scrutiny of the Local Policing Plan 2017-2020 through the Police, Fire and Rescue Sub Committee.
 

5 HEALTH AND SOCIAL CARE INTEGRATION - TRANSFER OF FURTHER BUDGETS TO THE INTEGRATED JOINT BOARD- REPORT BY DIRECTOR CHILDREN, YOUNG PEOPLE AND LIFELONG LEARNING

Decision

 

NOTED the transfer of budget from Children, Young People and Lifelong Learning (CYPLL) Directorate to the overall Social Work budget delegated to the Integrated Joint Board (IJB) and that this would be reduced by £60,000 as agreed as part of the Council’s budget setting process 2018/19.

6 HOUSING (SCOTLAND) ACT 2006 SCHEME OF ASSISTANCE - REPORT BY DIRECTOR COMMUNITIES

Decision

 

6.1    NOTED that the funding recommendations set out in the report were considered at the 6 February 2018 meeting of the Council’s Communities Committee and were recommended to be referred to Dumfries and Galloway Council for agreement;

 

6.2    AGREED the transfer of £1.198 million from the Council to the Dumfries and Galloway Health and Social Care Integration Joint Board to support the ongoing delivery of the Care and Repair service as detailed at section 3.2 of the report;

 

6.3    AGREED the transfer of £149k from the Council to the Dumfries and Galloway Integration Joint Board to fund the Small Repairs and Home Support services as detailed at section 3.3 of the report;

 

6.4    AGREED the transfer of £37,400 from the Council to the Dumfries and Galloway Integration Joint Board to fund Food Train Extra as detailed at section 3.4 of the report; and

 

6.5    AGREED the transfer of £15,000 from the Council to the Dumfries and Galloway Integration Joint Board to fund the Dementia Friendly Design project as detailed at section 3.5 of the report.

 

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

Decision

 

NOTED

 

7.1     the revised 5 Year Financial Strategy, reflected at Appendix 1 to the report, which had been updated to reflect the impact of the 2018/19 local government finance settlement and the recent agreement of the Council’s 2018/19 budget within a 3 year budget plan covering the period 2018/19 to 2020/21;

 

7.2    that, within the financial strategy, the estimated funding gap for the 3 year period to 2020/21 was £47.668 Million with Members budget setting decisions at Full Council on 27 February 2018 reducing the funding gap to 30.215 Million, as summarised at para 3.11 to the report;

 

7.3    AGREED that senior officers would seek to develop savings proposals to a value of at least £40 Million, based on the agreed Modernisation Programme themes, to mitigate against the risk of further pressures and to provide scope for choice in budget setting for the period 2019/20 - 2020/21; and

 

 7.4    NOTED that the financial strategy would continue to be regularly reviewed and that further updates would be provided to Full Council when key assumptions are subjected to change.

 

MEMBER - Willie Scobie entered the meeting - 37 Members present.

 

8 TREASURY MANAGEMENT STRATEGY 2018/19 - REPORT BY HEAD OF FINANCE AND PROCUREMENT

Decision

 

AGREED

 

8.1    the Council’s Treasury Management Strategy Statement incorporating the Prudential Indicators and Annual Investment Strategy for 2018/19, as detailed in the Appendix to the report;

 

8.2    that the counterparty limit with the Council's bank (Bank of Scotland) be increased from £20 million to £25 million on a permanent basis, as detailed in 4.6 to the report;

 

8.3    NOTED that both the prudential indicators and treasury management activities would be subject to continual monitoring and, where appropriate, amendment during the course of the upcoming financial year; and

 

8.4    AGREED that a Members Seminar on the Council's Financial Management be arranged.

9 AMENDMENT OF SCHEME OF ADMINISTRATION AND DELEGATION TO COMMITTEE - REPORT BY HEAD OF LEGAL AND DEMOCRATIC SERVICES

Decision

 

AGREED the recommendation from Review of Standing Orders Sub Committee to amend the Scheme of Administration and Delegation to Committees as detailed at paragraphs 3.2 to 3.4 to the report.

10 WRITTEN DECISION OF STANDARDS COMMISSION PANEL - REPORT BY HEAD OF LEGAL AND DEMOCRATIC SERVICES

Decision

 

10.1    NOTED the findings in the Standards Commission report as attached in the Appendix to the report; and

 

10.2    AGREED that Diversity training be arranged for Elected Members.

 

MEMBER - Andrew Wood left the meeting - 36 Members present

11 DG ONE UPDATE - REPORT BY DIRECTOR CHILDREN YOUNG PEOPLE AND LIFELONG LEARNING

Decision

 

11.1   NOTED that the construction contingency provision remains intact as detailed in paragraph 4.12 in the report;

 

AGREED

 

11.2   to release the £362,000 professional fee provision referenced at Full Council in September 2017 to facilitate the finalisation of revised fee agreements as detailed in paragraph 4.13 in the report;

 

11.3   to release the £200,000 inflation provision referenced at Full Council in September 2017 as detailed in paragraph 4.15 in the report; 

 

NOTED

 

11.4   the construction completion date and opening date remains as reported to Full Council in December 2017 as detailed in paragraphs 4.16 to 4.22 in the report;

 

11.5   the quality assurance measures/processes ensuring the prescribed material and workmanship standards were being delivered as detailed in paragraphs 4.30 and 4.31 in the report; and

 

11.6   the health and safety site audits delivering industry leading results as detailed in paragraph 4.32 in the report and HSE Form F10 update as detailed in paragraph 4.33 in the report.

12 SENIOR COUNCILLOR POSITIONS AND OUTSIDE BODIES - REPORT BY DIRECTOR CORPORATE SERVICES

VOTE

 

12.1   MOTION proposed by PATSY GILROY seconded by JANE MAITLAND to keep the senior councillor designation of Chair of Enterprising Services Sub Committee and not to designate a senior councillor designation to the position of Chair of Pensions Sub Committee.

 

12.2   AMENDMENT proposed by ARCHIE DRYBURGH seconded by ANDY FERGUSON to remove senior councillor designation from the position of Chair of the Enterprising Services Sub Committee and to designate as a senior councillor the position of the Chair of Pensions Sub Committee.

 

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

 

12.3   Motion - 14 being:-

 

Graham Bell, Ian Blake, John Charteris, Doug Fairbairn, Patsy Gilroy, Andrew Guisti, Ivor Hyslop, David Inglis, David James, Malcolm Johnstone, Jane Maitland, Jim McColm, Graham Nicol and Ronnie Tait.

 

12.4   Amendment - 21 being:-

 

Elaine Murray, Rob Davidson, Dougie Campbell, John Campbell, Archie Dryburgh, Andy Ferguson, Katie Hagmann, Iain Howie, Jeff Leaver, Tracey Little, John Martin, Henry McClelland, David McKie, Ronnie Nicholson, Willie Scobie, Tommy Sloan, David Stitt, Ros Surtees, Stephen Thompson, Adam Wilson and John Young.

 

12.5   Abstention - 1 being:-

 

Richard Brodie

  

VOTE

 

12.6   MOTION by RONNIE NICHOLSON seconded by ARCHIE DRYBURGH to appoint Adam Wilson to the vacant position on the South West of Scotland Transport Partnership (SWestrans) board.

 

12.7   AMENDMENT by GRAHAM NICOL seconded by IAN BLAKE to appoint Ian Carruthers to the vacant position on the South West of Scotland Transport Partnership (SWestrans) board.

 

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

 

12.8   Motion - 21 being:-
  
Elaine Murray, Rob Davidson, Dougie Campbell, John Campbell, Archie Dryburgh, Andy Ferguson, Katie Hagmann, Jeff Leaver, Tracey Little, Jane Maitland, John Martin, Henry McClelland, David McKie, Ronnie Nicholson, Willie Scobie, Tommy Sloan, David Stitt, Ros Surtees, Stephen Thompson, Adam Wilson and John Young.

 

12.9   Amendment - 15 being:-

 

Graham Bell, Ian Blake, Richard Brodie, John Charteris, Doug Fairbairn, Patsy Gilroy, Andrew Guisti, Iain Howie, Ivor Hyslop, David Inglis, David James, Malcolm Johnstone, Jim McColm, Graham Nicol and Ronnie Tait.
 

Decision


12.10     AGREED to remove the senior councillor designation from the position of Chair of the Enterprising Services Sub Committee and to designate as a senior councillor the position of the Chair of Pensions Sub Committee
 

12.11   AGREED to appoint Adam Wilson to the vacant position on the South West of Scotland Transport Partnership (SWestrans) board.
 

13 MINUTES FOR APPROVAL/NOTING

Decision

 

See seperate volume.

14 LOCAL GOVERNMENT (SCOTLAND) ACT 1973

Decision

 

AGREED not to exclude the public from the meeting in terms of Section 50A (4) and paragraphs 6 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.

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 Leader due to the need for a decision.

EXEMPT
16 SOUTH OF SCOTLAND ECONOMIC PARTNERSHIP: WORK PLAN - REPORT BY DIRECTOR ECONOMY, ENVIRONMENT AND INFRASTRUCTURE

Decision

 

NOTED that this item had been withdrawn by the Director Economy Environment and Infrastructure and would not be heard at the meeting.

17 STANDING ORDER 18 - ECONOMY ENVIRONMENT AND INFRASTRUCTURE - 20 MARCH 2018: - PROJECT LOAN REQUEST - REPORT BY DIRECTOR ECONOMY, ENVIRONMENT AND INFRASTRUCTURE

Members Graham Bell and Willie Scobie left the meeting - 34 Members present.

 

Decision

 

AGREED

 

17.1     that the requisition received in respect of the decision made by the Economy, Environment and Infrastructure Committee on 20 March 2018, in relation to the loan request from DHBT, met the provisions of Standing Order 18;

 

17.2     that the referral is in accordance with the provisions of Standing Order 18 and that Full Council consider the terms of the report presented to the Economy, Environment and Infrastructure Committee on 20 March 2018

 

VOTE

 

17.3   MOTION by Adam Wilson seconded by JEFF LEAVER to (1) note the proposal of the Dumfries Historic Building Trust (DHBT) as detailed in Appendix 1 to the report; (2) note that the DHBT proposes to purchase only part of the Rosefield Mills as detailed in Appendix 2 to the report; (3) note that the State Aid Implications have been considered and declared in Appendix 3 to the report; (4) note that Community Engagement has been undertaken regarding the proposed development in Appendix 4 to the report; (5) agree that Dumfries and Galloway Council provides the DHBT with a grant of £37,000; (6) to confirm that Dumfries and Galloway Council fully supports the project.

 

17.4   AMENDMENT by RICHARD BRODIE seconded by JANE MAITLAND to (1)  note the proposal of the Dumfries Historic Building Trust (DHBT) as detailed in Appendix 1 to the report; (2) note that the DHBT proposes to purchase only part of the Rosefield Mills as detailed in Appendix 2 to the report; (3) note that the State Aid Implications have been considered and declared in Appendix 3 to the report; (4) note that Community Engagement has been undertaken regarding the proposed development in Appendix 4 to the report; (5) note the loan mechanism described in paragraphs 3.4 and 3.5 to the report; (6) agree that Dumfries and Galloway Council provides the DHBT with a secured loan of up to £37,000 for a three year period; (7) agree that the DHBT be responsible for the Council's legal fees and outlays in attending to this matter; and (8) to confirm that Dumfries and Galloway Council fully supports the project.

 

17.5   COUNTER AMENDMENT by IAN BLAKE seconded by PATSY GILROY to (1) note the proposal of the Dumfries Historic Building Trust (DHBT) as detailed in Appendix 1 to the report; (2) note that the DHBT proposes to purchase only part of the Rosefield Mills as detailed in Appendix 2 to the report; (3) note that the State Aid Implications have been considered and declared in Appendix 3 to the report; (4) note that Community Engagement has been undertaken regarding the proposed development in Appendix 4 to the report; (5) agree that Dumfries and Galloway Council provides the DHBT with a grant of  £37,000 but that the gift aid element be recovered; (6) that Dumfries and Galloway Council fully supports the project.

 

On a vote between the AMENDMENT and COUNTER AMENDMENT,  Members voted as follows:-

 

17.6   Amendment - 8 being:-

 

Richard Brodie, John Charteris, Doug Fairbairn, Iain Howie, Malcolm Johnstone, Jane Maitland, Jim McColm and Ronnie Tait.

 

17.7   Counter Amendment - 7 being:-

 

Ian Blake, Patsy Gilroy, Andrew Guisti, Ivor Hyslop, David Inglis, David James and Graham Nicol.

 

17.8   Abstentions - 19 being:-

 

Elaine Murray, Rob Davidson, Dougie Campbell, John Campbell, Archie Dryburgh, Andy Ferguson, Katie Hagmann, Jeff Leaver, Tracey Little, John Martin, Henry McClelland, David McKie, Ronnie Nicholson, Tommy Sloan, David Stitt, Ros Surtees, Stephen Thompson, Adam Wilson and John Young.

 

On a vote between the MOTION and the AMENDMENT, Members voted as follows:-
 

17.9    Motion - 25 being

 

Elaine Murray, Rob Davidson, Ian Blake, Dougie Campbell, John Campbell, Archie Dryburgh, Andy Ferguson, Patsy Gilroy, Andrew Guisti, Katie Hagmann, Ivor Hyslop, David Inglis, Jeff Leaver, Tracey Little, John Martin, Henry McClelland, David McKie, Graham Nicol, Ronnie Nicholson, Tommy Sloan, David Stitt, Ros Surtees, Stephen Thompson, Adam Wilson and John Young.
 

17.10   Amendment - 9 being

 

Richard Brodie, John Charteris, Doug Fairbairn, Iain Howie, David James, Malcom Johnstone, Jane Maitland, Jim McColm and Ronnie Tait.

 

Decision

 

AGREED

 

17.11   to note the proposal of the Dumfries Historic Building Trust (DHBT) as detailed in Appendix 1 to the report;

 

17.12   to note that the DHBT proposes to purchase only part of the Rosefield Mills as detailed in Appendix 2 to the report;

 

17.13   to note that the State Aid Implications have been considered and declared in Appendix 3 to the report;

 

17.14   to note that Community Engagement has been undertaken regarding the proposed development in Appendix 4 to the report;

 

17.15   that Dumfries and Galloway Council provides the DHBT with a grant of £37,000;

 

17.16   CONFIRMED that Dumfries and Galloway Council fully supports the project.