Dumfries and Galloway Council Minutes

Date:
Tuesday 17 April 2012
Time:
10.30a.m.
Place:
Council Offices, English Street, Dumfries

Attendance Details

Members:
Ivor A Hyslop (Leader)-Lochar
Patsy P Gilroy (Convener)-Dee
Graham G Bell-North West Dumfries
Ian I Blake-Abbey
Richard R Brodie-Annandale South
Ted T Brown-Annandale North
Ian I Carruthers-Annandale South
John J Charteris-Lochar
Brian B Collins-Castle Douglas and Glenkens
Rob R Davidson-Abbey
James H Dempster-Mid and Upper Nithsdale
Iain I Dick-Stranraer and North Rhins
Michael M Dickie-Annandale North
John J Dougan-Stranraer and North Rhins
Archie A Dryburgh-Annandale East and Eskdale
Peter P Duncan-Castle Douglas and Glenkens
Gillian G Dykes-Mid and Upper Nithsdale
Grahame G Forster-Wigtown West
Alistair A Geddes-Mid Galloway
Allan A Graham-Annandale East and Eskdale
Roger R Grant-Annandale North
Jack J Groom-Nith
Thomas T Jacques-Dee
Jeff J Leaver-Lochar
Ian I Lindsay-Annandale East and Eskdale
Gail G MacGregor-Annandale North
Jane S Maitland-Dee
Denis R Male-Annandale East and Eskdale
Sean W Marshall-Annandale South
John J Martin-Nith
Tom A McAughtrie-Abbey
Sandra S McDowall-Mid Galloway
Lorna L McGowan-Lochar
David J McKie-North West Dumfries
Ronnie R Nicholson-North West Dumfries
Graham G Nicol-Mid Galloway
Ronald E Ogilvie-Annandale South
George N Prentice-Castle Douglas and Glenkens
William W Scobie-Stranraer and North Rhins
Colin C Smyth-Nith
Doug D Snell-North West Dumfries
David D Stitt-Abbey
John J Syme-Mid and Upper Nithsdale
Roberta R Tuckfield-Wigtown West
Alastair A Witts-Nith
Andrew S Wood-Mid and Upper Nithsdale
Apologies:
Robert J Higgins - Wigtown West
Item Number Item/Description
PUBLIC
1 SEDERUNT AND APOLOGIES

0.1   REFLECTION - Rev Neil Campbell, Minister at Dumfries Northwest Church

 

0.2   ROBERT J HIGGINS - The Convener made reference to the fact that Mrs Catherine Higgins was shortly scheduled to undergo major surgery and the Council extended their best wishes to Councillor and Mrs Higgins and their family.

 

45 Members present, 1 apology

2 DECLARATIONS OF INTEREST

2.1  Richard J Brodie and Lorna J McGowan declared an interest in item 4 by virtue of the fact of being representatives on Dumfries and Galloway Citizens' Advice Service and left the meeting during consideration of that item

 

2.2  John Syme and Andrew S Wood declared an interest in item 6 by virtue of the fact of being Dumfries Prison Visiting Committee members and left the meeting during consideration of this item.

 

2.3  Ian B Carruthers and Ian Lindsay declared an interest in item 7 by virtue of the fact of being former representatives on Annandale and Eskdale Sport and Leisure Trust and left the meeting during consideration of that item.

 

2.4  Gill Dykes declared an interest in item 8 by virtue of the fact of her involvement through work with Alex Fergusson MSP and left the meeting during consideration of that item.

3 MINUTE OF DUMFRIES AND GALLOWAY COUNCIL OF 8 MARCH 2012

Decision

 

APPROVED

 

MEMBERS - Richard J Brodie and Lorna J McGowan, having declared an interest, left the meeting - 43 Members present

 

MEMBER - Peter Duncan entered the meeting - 44 Members present.

REPORTS
4 FINANCIAL INCLUSION: COMMISSION OF ADVICE AND INFORMATION SERVICES - REPORT BY DIRECTOR COMMUNITY AND CUSTOMER SERVICES

Decision

 

4.1   AGREED to withdraw delegation from the Policy and Resources Committee;

 

VOTE

 

4.2   MOTION by PATSY GILROY seconded by IVOR A HYSLOP to agree the Service Specification for the Advice and Information Service Strategic Commission.

 

4.3   AMENDMENT by ROB DAVIDSON seconded by BRIAN COLLINS (1) that the commissioning process for Financial Inclusion and Advice Services be suspended; (2) that a report be submitted to the appropriate Committee of the new Council establishing the Welfare Reform Member/Officer Working Group referred to in previous reports, its remit and timescales and that the report should also cover the options for continuing to fund existing services at their current levels for the remainder of this financial year, with a view to assessing the potential implications of welfare reform on the levels of demand for advice services and future arrangements for levels of funding support.

 

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

 

Motion - 32 votes being:-

 

Patsy Gilroy, Ivor A Hyslop, Graham J Bell, Ian Blake, Ted Brown, Ian B Carruthers, John A Charteris, Jim Dempster, Michael Dickie, John Dougan, Archie Dryburgh, Gill Dykes, Grahame Forster, Roger B Grant, Jack Groom, Jeff Leaver, Ian Lindsay, Thomas A McAughtrie, Sandra McDowall, Gail MacGregor, David J McKie, Denis R Male, Sean W Marshall, John Martin, Graham Nicol, Ronnie Nicholson, Ronnie Ogilvie, Willie Scobie, Colin Smyth, Davie Stitt, John Syme and Roberta Tuckfield.

 

Amendment - 11 votes being:-

 

Brian Collins, Rob Davidson, Iain W Dick, Alistair Geddes, Allan Graham, Thomas Jacques, Jane Mailtand, George N Prentice, Doug Snell, Alastair Witts and Andrew S Wood.

 

Abstention - 1 being:- Peter Duncan

 

Decision

 

4.5   AGREED the Service Specification for the Advice and Information Service Strategic Commission

 

MEMBERS - Richard J Brodie and Lorna J McGowan re-entered the meeting - 46 Members present.

5 AMENDMENT TO SCHEME OF ADMINISTRATION AND DELEGATION TO COMMITTEES - REPORT BY DIRECTOR CHIEF EXECUTIVE SERVICE

Decision

 

AGREED

 

5.1   to remove the delegation from the Head of Strategic Housing, Commissioning and Environmental Standards; and

 

5.2   that decisions regarding House in Multiple Occupation Licence Applications, including consideration of the enhanced fit and proper person test, be delegated to the Civic Government Licensing Panel

 

MEMBERS - John Syme and Andrew S Wood, having declared an interest, left the meeting - 44 Members present

6 APPOINTMENTS TO OUTSIDE BODIES - DUMFRIES PRISON VISITING COMMITTEE - REPORT BY DIRECTOR CHIEF EXECUTIVE SERVICE

Decision

 

AGREED

 

6.1   to withdraw delegation from the Policy and Resources Committee on this matter; and

 

6.2   the appointment of Mr Donald Gibson and Mr Peter Patrick as non-council members on the Dumfries Prison Visiting Committee

 

MEMBERS - John Syme and Andrew S Wood re-entered the meeting - 46 Members present

 

MEMBERS - Ian B Carruthers and Ian Lindsay, having declared an interest, left the meeting - 44 Members present

7 ANNANDALE AND ESKDALE LEISURE TRUST FINAL REPORT - REPORT BY DIRECTOR CHIEF EXECUTIVE SERVICE

Decision

 

NOTED

 

7.1   the transfer of all the Council's Leisure and Sport operations (including staff) from the Annandale and Eskdale Sports and Leisure Trust back to the Council, with effect from 1 April 2010;

 

7.2   that the Annandale and Eskdale Sports and Leisure Trust had gone into voluntary liquidation on 11 October 2010;

 

7.3   that the liquidation had occurred as result of the Trust being unable to meet its debts as they fell due;

 

7.4   that Dumfries and Galloway Council were owed £389k by the Trust;

 

7.5   that the Trust had cash balances of £280k;

 

7.6   that, after payment of liquidation costs and other creditors, Dumfries and Galloway Council had received £246k; and

 

7.7   that debts of £143k would require to be written off and the net loss to the Council, after taking into account VAT Bad Debt Relief, £126k

 

MEMBERS - Ian B Carruthers and Ian Lindsay re-entered the meeting - 46 Members present

 

MEMBER - Gill Dykes, having declared an interest, and Andrew S Wood left the meeting - 44 Members present

8 PROVISION OF RESIDENTIAL CHILDCARE UNIT, CAIRNRYAN HOUSE, STRANRAER - REPORT BY DIRECTOR CHIEF EXECUTIVE SERVICE

PROCEDURE -  The Director Chief Executive Service referred to a separate paper which had been tabled relating to a question and answer session following a meeting of Wigtown Area Committee in Cairnryan on 29 February 2012. At that meeting, a number of issues had been raised and answered, the minute of which had gone to the Area Committee on 4 April for approval. The Area Committee had not approved the decision taken on 29 February, but deferred consideration of the minute to Full Council, to determine if the Area Committee minute was to be approved and whether the question and answer session was to be attached to the minute. The tabled paper referred solely to the minute of Wigtown Area Committee of 4 April 2012.

 

Decision

 

AGREED

 

8.1   to withdraw delegation from the Social Work Services Committee;

 

8.2   the request to undertake an appropriate, independently chaired, inquiry into the process and decision to provide a children's home at Cairnryan; and

 

8.3   to remit, with powers, to the Chief Executive to appoint a suitable Chairman, independent of Social Work Services, and to agree the terms of reference, the inquiry to be funded from within existing budgets, and to receive a report within 3 months of the new Council coming into being

 

MEMBER - Gill Dykes re-entered the meeting - 45 Members present

9 NOTICE OF MOTION - DALARRAN NURSING HOME, LANGHOLM - REPORT BY DIRECTOR CHIEF EXECUTIVE SERVICE

Decision

 

NOTED that the Notice of Motion had been withdrawn

10 NOTICE OF MOTION - FEWER AND BETTER ASSETS - REPORT BY DIRECTOR COMMUNITY AND CUSTOMER SERVICES

VOTE

 

10.1   MOTION by JOHN A CHARTERIS seconded by DENIS R MALE, that delegation be not withdrawn from the Policy and Resources Committee.

 

10.2  AMENDMENT by IAIN W DICK seconded by RONNIE NICHOLSON, that delegation be withdrawn from the Policy and Resources Committee

 

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

 

Motion - 17 voted being:-

 

Ivor A Hyslop, Graham J Bell, Ian Blake, Ian B Carruthers, John A Charteris, Michael Dickie, Peter Duncan, Gill Dykes, Allan Graham, Roger B Grant, Jack Groom, Ian Lindsay, Sandra McDowall, Gail MacGregor, Denis R Male, Graham Nicol and Roberta Tuckfield

 

Amendment - 28 votes being:-

 

Patsy Gilroy, Richard J Brodie, Ted Brown, Brian Collins, Rob Davidson, Jim Dempster, Iain W Dick, John Dougan, Archie Dryburgh, Grahame Forster, Alistair Geddes, Thomas Jacques, Jeff Leaver, Thomas A McAughtrie, Lorna J McGowan, David J McKie,  Jane Maitland, Sean W Marshall, John Martin, Ronnie Nicholson, Ronnie Ogilvie, George N Prentice, Willie Scobie, Colin Smyth, Doug Snell, Davie Stitt, John Syme and Alastair Witts

 

PROCEDURE - Members were advised of a typographical error in Appendix 2 to the report and papers calling the meeting and to disregard that version for a revised Appendix 2 to the report, copies of which had been circulated to Members in advance of the meeting.

 

MEMBERS - Allan Graham, Brian Collins and Thomas Jacques left the meeting - 42 Members present

 

VOTE

 

10.4   MOTION by JANE MAITLAND seconded by ROB DAVIDSON that the Council notes (1) that the Integrated Facilities Review in Kirkcudbright, instigated in 2008, was the precursor to the Council's Needs and Property Issues (SNAPi) programme; (2) that the project was developed through engagement with local community, with staff and other stakeholder agencies; (3) that on 15 June 2011, Stewartry Area Committee agreed the finalised business case for an Integrated Facilities project based in Kirkcudbright Town Hall and agreed to make recommendations to Policy and Resources Committee that the project now be submitted for scoring; (4) that the services included in the integrated model were Customer Service Centre, Library, VisitScotland, Art Gallery, and that opportunities for a partnership with Job Centre Plus should be explored as well as the possible provision of some basic Police services; (5) that the Policy and Resources Committee at its meeting on 6 September 2011 agreed to submit the Kirkcudbright Integrated Services Project for development scoring; (6) the report to Policy and Resources Committee on 20 March 2012 Capital Programme 2012/2013 stated that unallocated funding of £1.428 million and the £3.551 million unused borrowing allowance carried forward have not yet been allocated to the new projects and is therefore subject to further Member decision; and agrees (1) to ring-fence £1m of the resources indicated in paragraph 5 above for an integrated facilities project based at the flagship building Kirkcudbright Town Hall; and (2) to instruct officers to explore all other potential sources of funding.

 

10.5   AMENDMENT by RONNIE NICHOLSON seconded by GAIL MACGREGOR (1) to note the significant benefits which would arise from the Kirkcudbright Town Hall project for the Customer Service Centre, Library, Visit Scotland and Art Gallery and (2) to agree to refer this project to the Policy and Resources Committee for further scrutiny in line with other projects, in accordance with the Council's existing policies and scoring processes.

 

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

 

Motion - 10 votes being:-

 

Patsy Gilroy, Rob Davidson, Iain W Dick, Alistair Geddes, Sandra McDowall, Lorna J McGowan, Jane Maitland, George N Prentice, Doug Snell and Alastair Witts

 

Amendment - 32 votes being:-

 

Ivor A Hyslop, Graham J Bell, Ian Blake, Richard J Brodie, Ted Brown, Ian B Carruthers, John A Charteris, Jim Dempster, Michael Dickie, John Dougan, Archie Dryburgh, Peter Duncan, Gill Dykes, Grahame Forster, Roger B Grant, Jack Groom, Jeff Leaver, Ian Lindsay, Thomas A McAughtrie, Gail MacGregor, David J McKie, Denis R Male, Sean W Marshall, John Martin, Graham Nicol, Ronnie Nicholson, Ronnie Ogilvie, Willie Scobie, Colin Smyth, Davie Stitt, John Syme and Roberta Tuckfield.

 

Decision

 

AGREED

 

10.7   to withdraw delegation from the Policy and Resources Committee; and

 

10.8   to note the significant benefits which would arise from the Kirkcudbright Town Hall project for the Customer Service Centre, Library, Visit Scotland and Art Gallery and to refer this project to the Policy and Resources Committee for further scrutiny in line with other projects, in accordance with the Council's existing policies and scoring processes.

MINUTES
11 MINUTE OF MEETING OF AUDIT AND RISK MANAGEMENT OF 12 APRIL 2012

Decision

 

APPROVED

12 MINUTE OF MEETING OF DGFIRST MANAGEMENT ON 10 APRIL 2012

Decision

 

APPROVED subject to amendment of the figure for Facilities Management Vehicle Replacement Programme at paragraph 4.1 to read £103,700

 

MEMBER - Ted Brown left the meeting - 41 Members present

13 MINUTE OF MEETING OF EDUCATION SERVICES ON 22 MARCH 2012

Decision

 

APPROVED

14 MINUTE OF MEETING OF LICENSING PANEL ON 6 MARCH 2012

Decision

 

APPROVED

15 MINUTE OF MEETING OF LICENSING PANEL ON 3 APRIL 2012

Decision

 

APPROVED

16 MINUTE OF MEETING OF LOCAL REVIEW BODY ON 14 MARCH 2012

Decision

 

APPROVED

17 MINUTE OF MEETING OF PLANNING APPLICATIONS COMMITTEE ON 28 MARCH 2012

Decision

 

APPROVED

18 MINUTE OF MEETING OF PLANNING APPLICATIONS COMMITTEE ON 13 APRIL 2012

Decision

 

APPROVED

19 MINUTE OF MEETING OF PLANNING, HOUSING AND ENVIRONMENT SERVICES ON 10 APRIL 2012

Decision

 

APPROVED

20 MINUTE OF MEETING OF POLICE, FIRE AND RESCUE COMMITTEE ON 27 MARCH 2012

Decision

 

APPROVED

21 MINUTE OF MEETING OF POLICE, FIRE AND RESCUE COMMITTEE ON 5 APRIL 2012

Decision

 

APPROVED

22 MINUTE OF MEETING OF POLICY AND RESOURCES COMMITTEE ON 20 MARCH 2012

Decision

 

APPROVED

23 MINUTE OF MEETING OF SCRUTINY AND PERFORMANCE COMMITTEE ON 22 MARCH 2012

Decision

 

APPROVED

24 MINUTE OF MEETING OF SOCIAL WORK SERVICES COMMITTEE ON 29 MARCH 2012

Decision

 

APPROVED

25 MINUTE OF MEETING OF DGFIRST MANAGEMENT COMMITTEE ON 23 FEBRUARY 2012

Decision

 

NOTED

26 MINUTE OF MEETING OF EDUCATION SERVICES COMMITTEE ON 28 FEBRUARY 2012

Decision

 

NOTED

27 MINUTE OF MEETING OF PLANNING APPLICATIONS COMMITTEE ON 22 FEBRUARY 2012

Decision

 

NOTED

28 MINUTE OF MEETING OF PLANNING APPLICATIONS COMMITTEE ON 29 FEBRUARY 2012

Decision

 

NOTED

29 MINUTE OF MEETING OF PLANNING APPLICATIONS COMMITTEE ON 14 MARCH 2012

Decision

 

NOTED

30 MINUTE OF MEETING OF PLANNING APPLICATIONS COMMITTEE ON 28 MARCH 2012

Decision

 

NOTED

31 MINUTE OF MEETING OF PLANNING, HOUSING AND ENVIRONMENT SERVICES COMMITTEE ON 13 MARCH 2012

Decision

 

NOTED

32 MINUTE OF MEETING OF POLICY AND RESOURCES COMMITTEE ON 21 FEBRUARY 2012

Decision

 

NOTED

33 MINUTE OF MEETING OF ANNAN COMMON GOOD SUB COMMITTEE ON 11 APRIL 2012

Decision

 

APPROVED

34 MINUTE OF MEETING OF CHIEF CONSTABLE PERFORMANCE AND DEVELOPMENT REVIEW PANEL ON 27 MARCH 2012

Decision

 

APPROVED

35 MINUTE OF MEETING OF COMPLAINTS AGAINST THE POLICE SUB COMMITTEE ON 5 APRIL 2012

Decision

 

APPROVED

36 MINUTE OF MEETING OF DUMFRIES COMMON GOOD FISHING SUB COMMITTEE ON 22 FEBRUARY 2012

Decision

 

APPROVED

37 MINUTE OF MEETING OF LOCKERBIE AND LOCHMABEN COMMON GOOD SUB COMMITTEE ON 10 APRIL 2012

Decision

 

APPROVED

38 MINUTE OF MEETING OF SOCIAL WORK SERVICES SUB COMMITTEE ON 16 MARCH 2012

Decision

 

APPROVED

39 MINUTE OF MEETING OF ANNANDALE AND ESKDALE AREA COMMITTEE ON 11 APRIL 2012

Decision

 

APPROVED

40 MINUTE OF MEETING OF NITHSDALE AREA COMMITTEE (BUSINESS) ON 4 APRIL 2012

Decision

 

APPROVED

41 MINUTE OF MEETING OF STEWARTRY AREA COMMITTEE (BUSINESS) ON 11 APRIL 2012

Decision

 

APPROVED

42 MINUTE OF MEETING OF WIGTOWN AREA COMMITTEE (BUSINESS) ON 4 APRIL 2012

Decision

 

APPROVED

43 MINUTE OF MEETING OF ANNANDALE AND ESKDALE AREA COMMITEE (BUSINESS) ON 15 FEBRUARY 2012

Decision

 

NOTED

44 MINUTE OF MEETING OF ANNANDALE AND ESKDALE AREA COMMITTEE (BUSINESS) ON 21 MARCH 2012

Decision

 

NOTED

45 MINUTE OF MEETING OF NITHSDALE AREA COMMITTEE (BUSINESS) ON 1 FEBRUARY 2012

Decision

 

NOTED

46 MINUTE OF MEETING OF NITHSDALE AREA COMMITTEE (BUSINESS) ON 7 MARCH 2012

Decision

 

NOTED

47 MINUTE OF MEETING OF STEWARTRY AREA COMMITTE (BUSINESS) ON 15 FEBRUARY 2012

Decision

 

NOTED

48 MINUTE OF MEETING OF STEWARTRY AREA COMMITTEE (BUSINESS) ON 21 MARCH 2012

Decision

 

NOTED

49 MINUTE OF MEETING OF WIGTOWN AREA COMMITTEE (BUSINESS) ON 1 FEBRUARY 2012

Decision

 

NOTED

50 MINUTE OF MEETING OF WIGTOWN AREA COMMITTEE (COMMUNITY) ON 29 FEBRUARY 2012

Decision

 

APPROVED

51 MINUTE OF MEETING OF WIGTOWN AREA COMMITTEE (BUSINESS) ON 7 MARCH 2012

PROCEDURE - It was noted that an interpretation of the questions and answers at Wigtown Area Committee on 29 February 2012 in relation to the decision on the development of Cairnryan House as a Children's Home had been tabled at the meeting (Appendix)

52 ANY OTHER BUSINESS WHICH THE CONVENER MAY DECIDE IS URGENT DUE TO THE NEED FOR A DECISION

CONVENER'S VALEDICTORY

 

On behalf of the Council, the Convener, Mrs Patsy Gilroy, thanked the Chief Executive and all staff for their support to the Council over the past 5 years; wished all those Members who were standing for re-election every success; and paid tribute to those who were not standing for re-election - Michael Dickie, Peter Duncan, Robert Higgins, Ian Lindsay, Sandra McDowall and Lorna McGowan - for their unstinting work as Councillors.