14 Minute Minute DUMFRIES AND GALLOWAY COUNCIL Meeting of Thursday 26 April 2007 at 10.30am in Council Offices, English Street, Dumfries Members Thomas K Sloan (Convener) David J McKie (Depute Convener) John Agnew Helen F Bell Ian Callander Andrew R Campbell Christopher H Carruthers Brian D Conchie Michael Dickie Grahame A Forster John W Forteath Patsy Gilroy Beth Gordon Allan Graham Roger B Grant Alfred Hannay Bruce Hodgson lvor A Hyslop Ian Lindsay Billy Little Jane S Maitland Denis R Male Sean W Marshall Thomas A McAughtrie George L McBurnie Sandra McDowall Neil McKay Marjory 0 McQueen Fred B Murray Ronnie Nicholson Ronald E Ogilvie Wilma R Paterson George N Prentice Jock Purdie Willie Scobie Lavinia Vaughan Lord Vaux of Harrowden Allan G Wright S tran raer North Lincluden Rhins North Dalbeattie - Milton Lochvale Castle Douglas - Urr Hoddom and Kinmount G eo rgetow n Lochmaben Rhins South Marchmount Kirkcudbright - Tarff Lochar Solway Border Moffat Maxwelltown Criffel Nithsdale East Canonbie and Kirtle Caerlaverock Kirkcudbright - Bengairn Langholm and Upper Eskdale Chapelcross Troq uee r Palmerston Wigtown Mid Nithsdale Lockerbie and Upper Annandale Luce Lochside Annan East Annan West Stewartry North Castle Douglas - Dee Stranraer South Dryfe and Lockerbie East Stewartry West Cairn Valley
Transcript
14 Minute Minute
DUMFRIES AND GALLOWAY COUNCIL
Meeting of Thursday 26 April 2007 at 10.30am in Council Offices, English Street, Dumfries
Members Thomas K Sloan (Convener)
David J McKie (Depute Convener) John Agnew Helen F Bell
Ian Callander Andrew R Campbell
Christopher H Carruthers Brian D Conchie
Michael Dickie Grahame A Forster
John W Forteath Patsy Gilroy
Beth Gordon Allan Graham Roger B Grant Alfred Hannay
Bruce Hodgson lvor A Hyslop
Ian Lindsay Billy Little
Jane S Maitland Denis R Male
Sean W Marshall Thomas A McAughtrie
George L McBurnie Sandra McDowall
Neil McKay Marjory 0 McQueen
Fred B Murray Ronnie Nicholson
Ronald E Ogilvie Wilma R Paterson George N Prentice
Jock Purdie Willie Scobie
Lavinia Vaughan Lord Vaux of Harrowden
Allan G Wright
S tran raer North Lincluden Rhins North Dalbeattie - Milton Lochvale Castle Douglas - Urr Hoddom and Kinmount G eo rg e tow n Lochma ben Rhins South Marchmount Kirkcudbright - Tarff Lochar Solway Border Moffat Maxwelltown Criffel Nithsdale East Canonbie and Kirtle Caerlaverock Kirkcudbright - Bengairn Langholm and Upper Eskdale C hapelcross Troq u ee r Palmerston Wigtown Mid Nithsdale Lockerbie and Upper Annandale Luce Lochside Annan East Annan West Stewartry North Castle Douglas - Dee Stranraer South Dryfe and Lockerbie East Stewartry West Cairn Valley
Minute Minute
Apologies Kenneth Cameron
Kathleen Davidson James H Dempster
Alistair Geddes Thomas E Holmes
Robert J Higgins Moses 0 Kungu
Joan Mitchell Tony Turner
- Heathhall - Dalbeattie - Craignair - Sanquhar and District - Whithorn - Loreburn - Stranraer East - Kirkconnel - Cree - Annan Central
Alex Haswell Group Manager Corporate Support & Governance
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Minute Minute 14 1. PRAYER
The meeting was opened with prayer by Rev. Cannon David Bayne, Rector of St. Ninian’s Episcopal Church, Castle Douglas
2. SEDERUNT AND APOLOGIES
38 Members present, 9 apologies
3. MINUTE OF MEETING OF FULL COUNCIL OF 27 MARCH 2007
Decision
APPROVED Thomas K Sloan and David J McKie
4. MINUTE OF AD HOC LEISURE COMPLEX SUB-COMMITTEE OF 29 MARCH 2007
Decision
APPROVED Andrew R Campbell and David J McKie
5. MINUTE OF AD HOC LEISURE COMPLEX SUB-COMMITTEE OF 24 APRIL 2007
Decision
APPROVED Andrew R Campbell and Thomas A McAughtrie
6. MINUTE OF SCHOOLS’ PUBLlClPRlVATE PARTNERSHIP (PPP) SUB-COMMITTEE OF 30 MARCH 2007
Decision
APPROVED David J McKie and George L McBurnie
7. 4 APRIL 2007
AD HOC MODERNISING LOCAL GOVERNMENT SUB COMMITTEE OF
Decision
APPROVED Jane S Maitland and Thomas K Sloan
8. Corporate Director of Corporate Services
APPOINTMENT OF CHIEF CONSTABLE - Report dated 24 April 2007 by
Decision
NOTED
8.5 and Galloway Constabulary; and
the appointment of Mr Patrick John Shearer as Chief Constable of Dumfries
Minute Minute
8.6 and Galloway Constabulary with his current employers with a view to taking up his position as Chief Constable in the next few weeks.
that Mr Shearer was discussing his transfer from Grampian Police to Dumfries
9. REVIEW OF WIGTOWN BAY LOCAL NATURE RESERVE BYELAWS - Report dated 19 April 2007 by Group Manager Economic Regeneration
Decision
AGREED
9.1 (Appendix 1); and 9.2 ratification and endorsement.
to support the changes highlighted to the existing Byelaws sections 3 and 8
that the amendments to the Byelaws be sent to the Scottish Executive for
10. 2007 by Corporate Director for Corporate Services
CORPORATE PLAN FOR 2003-7 AND 2007-1 1 - Report dated 24 April
Decision
I O . 1 ENDORSED the progress on implementation of the 2003-7 Plan; and
10.2 NOTED that the arrangements proposed for the development of the new Corporate Plan for 2007-1 1 would be submitted to the new Council.
11. FARRIES BUILDING - IMPLEMENTATION OF STANDING ORDER 18 Report dated 18 April 2007 by Corporate Director of Planning and Environment Services.
PROCEDURE - noted advice from the Group Manager Corporate Support and Governance that, given the implication of Standing Order 18, it was not necessary to withdraw delegation from any committee and that the Council had the power to make a decision on this issue without further reference to any committee.
VOTE
11 .I property be declared surplus to the requirements of the Council and advertised for sale on the open market.
MOTION by NEIL MACKAY seconded by BRUCE HODGSON that the
11.2 AMENDMENT by GEORGE L MCBURNIE seconded by RONNIE NICHOLSON that the Council should support the proposed transfer of the property for the purpose of developing a Social Enterprise Park subject to a timescale for assembling the funding package extending to no later than December 2007.
11.3 On a vote taken by roll call Members voted as follows:-
Motion - 22 votes being:-
John Agnew, Helen F Bell, Ian Callander, Andrew R Campbell, Christopher H Carruthers, Brian D Conchie, Michael Dickie, Patsy Gilroy, Beth Gordon, Allan Graham, Roger B Grant, Bruce Hodgson, lvor A Hyslop, Ian Lindsay, Sandra
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Minute 14
Minute
McDowall, Neil McKay, Marjory 0 McQueen, Denis R Male, George N Prentice, Lavinia Vaughan, Tony Vaux and Allan G Wright.
Amendment - 15 votes being:-
Thomas K Sloan, David J McKie, Grahame A Forster, John W Forteath, Alfred Hannay, William Little, Thomas A McAughtrie, George L McBurnie, Sean W Marshall, Fred B Murray, Ronnie Nicholson, Ronald E Ogilvie, Wilma R Paterson, Jock Purdie and Willie Scobie.
Abstention - 1 being Jane S Maitland
Decision
AGREED that the property be declared surplus to the requirements of the Council and advertised for sale on the open market.
MEMBERS - Ronnie Nicholson and Allan Graham left the meeting - 36 Members present
12. Manager Corporate Support and Governance
CHANGE TO STANDING ORDERS - Report dated 17 April 2007 by Group
Decision
12.1 NOTED the change in name of the Education and Community Services Committee to Education, Social Work and Community Services Committee and that the Scheme of Administration and Delegation to Committees had been amended to this effect; and
12.2 ADOPTED the change to Standing Orders at 4.1 as recommended by the Ad- Hoc Modernising Sub Committee at its meeting on 4 April 2007 to provide that the first meeting of the Council after any ordinary election of Councillors shall be held within 21 days from the day of the Election.
12.3 AGREED to remit to the Chief Executive to arrange a date for the first meeting of the new Council.
MEMBER - Allan Graham re-entered the meeting - 37 Members present
13. Executive -
MANAGING THE TRANSITION - Report dated 18 April 2007 by Chief
Decision
APPROVED the arrangements in place on the work and responsibilities of the Council’s senior management groups to ensure a smooth transition to the new Council.
MEMBER - Beth Gordon left the meeting - 36 members present
Minute Minute
14. April 2007 by Corporate Director for Corporate Services
SINGLE STATUS AGREEMENT - PROGRESS REPORT - Report dated 19
Decision
14.1 AGREED to endorse the work done towards a Single Status Agreement; and
14.2 RE-AFFIRMED the delegation granted by the Finance Sub Committee, at its meeting of 15 March 2007, to the Chief Executive in pursuit of a full Single Status Agreement. NOTING that in the event of a “no vote” in the ballot of staff the Chief Executive would report back to the Council.
15. MODERNISING MEMBER COMMUNICATIONS - POST MAY 2007 ELECTIONS - Report dated 17 April 2007 by Group Manager Corporate Support and Governance
Decision
AGREED
15.1 with a standard corporate laptop or tablet capable of providing wireless network connectivity, together with a Docking station connected to a full sized keyboard, monitor, mouse and multi function device (printer, scanner, copier);
to support the Working from Home equipment solution and provide members
15.2 that protocols for Multi-member working should be informal, locally agreed and based on the principles contained in the Draft Guidance produced by the Single Transferable Vote Working Group; (Appendix 2);
15.3 to offer the laptops and/or PC’s which had been supplied to Members at the inception of this Council for sale to existing Members on the basis that the Council’s authorised disposals contractor would eradicate data on PC or laptop to Council’s data security standards and national legislative requirements and install a new Operating System at a price of E95 - f 130 ex vat (dependant on XP Home or XP pro version);
AGREED
15.4 that Council meeting rooms should be furnished and adapted to serve as multi-functional working environments recognising that these were prime accommodation and to remit to the Group Manager Corporate Support and Governance to progress the refurbishment of the Council Hall in English Street within the resources available; and
15.5 to recommend to the new Council not to invest in the Improvement Service’s Caseload Management system as the CRM solution commissioned by this Council had been designed with Members in mind and had specific Member portals which would meet the requirements of Members in respect of caseload management and information needs.
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Minute Minute 14 16. OFFER OF ADDITIONAL CAPITAL GRANT FOR 2007-2008 SUGGESTED CAPITAL PROJECTS TO BENEFIT FROM GRANT - Report dated 17 April 2007 by Director of Finance
Decision
AGREED
16.1 that the additional capital grant o f f 1.9M be used to develop and progress the priority Corporate Projects of Customer Relationship Management, Call Centre, Geographical Information System, and E-procurement; 16.2 to receive a report back to Committee on the realisation of the efficiency savings associated with this grant;
NOTED
16.3 that the ICT Board would manage the development of these projects including the use of additional capital grant; and 16.4 that further projects would be brought before Members for approval to utilise the balance of grant available.
17. ESTATE, ADJACENT TO HARTHILL DEPOT, LOCKERBIE
LEASE OF INDUSTRIAL UNIT AT BROOMHOUSES INDUSTRIAL
Decision
NOTED that the report had been withdrawn
18. MINUTES OF MEETING OF COMMITTEES
18.1
18.2
18.2.1
18.2.2
PLANNING & ENVIRONMENT SERVICES 10 April 2007 - George L McBurnie and David J McKie
Decision
APPROVED
ASSET MANAGEMENT 22 March 2007 -Thomas A McAughtrie and Thomas K Sloan
Decision
APPROVED
RATES RELIEF SUB COMMITTEE 4 April 2007 - Thomas A McAughtrie and David J McKie
Decision
APPROVED
HEALTH AND SAFETY SUB COMMITTEE
Minute Minute
18.2.3
18.2.4
18.3
18.4
18.5
18.5.1
18.6
12 April 2007 - David J McKie and Brian D Conchie
Decision
APPROVED
PENSION FUND SUB COMMITTEE 19 April 2007 - Thomas A McAughtrie and David J McKie 20 April 2007 - David J McKie and George Prentice subject to an amendment stating that 2 consultants had been appointed.
Decision
APPROVED
EMPLOYMENT AND APPEALS SUB COMMITTEE 23 March 2007 - David J McKie and Christopher H Carruthers 20 April 2007 - Christopher H Carruthers and Helen Bell
Decision
APPROVED BUSINESS REVIEW & PERFORMANCE 3 April 2007 - Allan G Wright and Neil McKay
Decision
APPROVED
EDUCATION & COMMUNITY SERVICES 24 April 2007 -William Scobie and Wilma Paterson
Decision
APPROVED
POLICE, FIRE AND RESCUE 17 April 2007 - Ronald E Ogilvie and Patsy Gilroy
Decision
APPROVED
SELECTION OF CHIEF OFFICERS SUB COMMITTEE 3 April 2007 - Ronald E Ogilvie and Brian D Conchie 23 April 2007 - Ronald E Ogilvie and Brian D Conchie
Decision
APPROVED
AUDIT 2 April 2007 - Bruce Hodgson and Jane S Maitland
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Minute Minute 14
Decision
18.7
18.8
18.8.1
18.8.2
APPROVED
CO M B I N ED S E RVI C E S 17 April 2007 - Sean W Marshall and Grahame A Forster
Decision
APPROVED
FINANCE SUB COMMITTEE 15 March 2007 - David J McKie and Thomas K Sloan
Question by Sandra McDowall on Minute of meeting of Finance Sub Committee of 15 March 2007. Page 9133:-
In light of the cancellation of the April Finance Sub-committee could you provide:
7 . The indicative out-turn of departmental budgets at the end of financial year 2006/07.
2. A summary of the unbudgeted spending pressures for 2007/08 for each committee, including Police Fire and Rescue, indicating the progress made by the officers' scrutiny panel which is addressing these issues.
Response by David J McKie (Vice Convener)
I have arranged for a written reply to be circulated. (Appendix 3) and I would make the following points:-
@ Capital Receipts of f 4 m Planning and Environment under spend of f 850,000 Education Social Work and Community Services overspend reduced to f 700k and attempts being made to further reduce this figure Combined Services overspend o f f 1.5m All other budgets on target So far f3.2m unavoidable budget pressures with controllable budget pressures of f4 .9 m have been identified Scrutiny Panel has met several times and will report to the Council as soon as possible.
Decision
APPROVED
19. MINUTES OF AREA COMMITTEES FOR APPROVAL
19.1 MID and UPPER NITHSDALE 4 April 2007 - Neil McKay and Allan G Wright
Minute Minute
19.2
19.3
19.4
19.5
19.6
19.7
19.8
Decision
APPROVED
UPPER ANNANDALE and ESKDALE 16 April 2007 - Marjory 0 McQueen and Christopher H Carruthers
Decision
APPROVED
MID GALLOWAY 11 April 2007 - Tony Vaux and Sandra McDowall
Decision
APPROVED
WIGTOWN REGULATORY April 2007 - Grahame A Forster and William Scobie
Decision
APPROVED
STEWARTRY 16 April 2007 - Patsy Gilroy and Jane S Maitland
Decision
APPROVED
STE WARTRY REG U LATORY 28 March 2007 - Jane S Maitland and George N Prentice
Decision
APPROVED
NITHSDALE AREA REGULATORY COMMITTEE 18 April 2007 - David J McKie and Thomas A McAughtrie
Decision
APPROVED
WIGTOWN WEST AREA COMMITTEE 18 April 2007 - Grahame A Forster and Thomas K Sloan
Decision
APPROVED
Minute Minute 14
19.9 WIGTOWN WEST NEIGHBOURHOOD RENEWAL SUB COMMITTEE 7 March 2007 -William Scobie and Thomas K Sloan
Decision
APPROVED
19.10 DUMFRIES AND LOWER NITHSDALE AREA COMMITTEE 19 April 2007 - David J McKie and Alfred Hannay
Decision
APPROVED
19.1 1 DUMFRIES and LOWER NITHSDALE NEIGHBOURHOOD RENEWAL SUB COMMITTEE 28 March 2007 - George L McBurnie and David J McKie
Decision
APPROVED
19.12 LOWER ANNANDALE AREA COMMITTEE 23 April 2007 -Wilma R Paterson and Sean W Marshall
Decision
APPROVED
19.13 ANNANDALE AND ESKDALE AREA COMMITTEE 23 April 2007 - Marjory 0 McQueen and Lavinia Vaughan
Decision
APPROVED
20. INDEX OF MINUTES OF AREA COMMITTEES FOR NOTING
Decision
NOTED
21. CONCLUDING REMARKS BY CHIEF EXECUTIVE
Decision
21 .I Council during the last four years; and
NOTED the Chief Executive’s comments on the work undertaken by the
21.2 THANKED Members and all Staff for the work undertaken during the “life” of the Council.
Minute Minute
22. CONCLUDING REMARKS BY CONVENER
Decision
NOTED the following concluding remarks of the Convener:-
The Convener made mention that this Council had seen four years of investment, change and significant progress.
The End of Term Report on the Corporate Plan represented a detailed reminder of where Members decided they wanted to go four years ago and of how far the Council had managed to travel along that road. During this period Members had successfully taken forward a number of major projects which would be of benefit to Dumfries and Galloway for many years to come.
It was a record of success and had been achieved with a local Council Tax rate which remained the lowest in mainland Scotland.
Kev infrastructure proiects: The Council now had
0 High bandwidth broadband to all schools and main council offices currently being installed by Thus
0 DGI Leisure Complex well under construction 0 Waste treatment plants at Stranraer, Castle Douglas and Dumfries up and
running for a cleaner, greener Dumfries and Galloway 0 New schools at Lincluden, Troqueer and Cargenbridge at planning permission
stage and about to appoint a Preferred Bidder for the PPP contract to build a further 10 new schools and complete upgrading of Stranraer Academy
0 Customer Service Centres and key building upgraded and made accessible
Key people projects: The Council had
Created Anti Social Behaviour Team and Benefit Maximisation Team Won two national Community Planning awards Led the way in rolling out entitlement cards for school meals, bus passes with other services in the pipeline Key Council services were achieving the Investors in People Award and the whole Council had recently been awarded the Bronze Award by the Scottish Health at Work Organisation. An offer on a new set of pay and conditions was about to be made to staff. The challenge of implementing Single Status would fall to the new Council, but the budget provision had been planned.
Kev partnership projects:
f63million through the Neighbourhood Renewal Masterplan
now being implemented
Local Housing Strategy was in place and had helped to secure investment of
Regeneration programmes for Stranraer and Dumfries were developed and
Key political projects:
12
Minute 14 Minute
Members have Kept the needs of rural areas high on the Scottish political agenda and argued successfully for the government change agenda to be delivered on a regional basis. Examples being:
0 the creation of the South West Scotland Transport Partnership -Swestrans and the Social Work Community Justice Authority
0 lobbying Scottish Water to get an appropriate share of investment over the next 10 years
0 lobbying Europe to retain funding opportunities for the area 0 promoting joint working with the NHS and other agencies
Several Councillors had been crucial to this process over the last four years, including Andrew Campbell in his role as Vice Convener of COSLA , Joan Mitchell on Transport and Europe and George McBurnie and Willie Scobie for their sustained lobbying of Scottish Executive Ministers on a number of issues.
This Council was about to lose a vast amount of experience; 22 Councillors were bowing out and their knowledge of the Council and the area would be hard to replace.
23. VALEDICTORY - KENNETH CAMERON
23.1 NOTED in particular the retirement of Provost Ken Cameron, one of the longest serving councillors in Scotland who had served the people of Dumfries for 42 years; and
AGREED
23.2 to wish Provost Cameron a long and healthy retirement; and 23.3 to recommend that the new Council consider how best to recognise Provost’s Cameron 42 years of service to the Community.
24. SCHOOLS PPP
NOTED that e4d&g consortium had been selected as Preferred Bidder for the Smarter Schools Pu blic/Private Partnership, the appointment being subject to Scottish Executive approval.
APPENDIX 1 APPENDIX 1
WIGTOWN BAY LOCAL NATURE RESERVE BYELAWS (as amended)
The Dumfries and Galloway Council, in exercise of the powers conferred upon them by sections 20,21 and 106 of the National Parks and Access to the Countryside Act 1949 in accordance with sections 201 to 204 of the Local Government (Scotland) Act 1973 hereby make the following byelaws for the protection of the Local Nature Reserve in Wigtown Bay in the former Counties of Wigtownshire and Kirkcud brig htshire.
Bye laws
1. Under these byelaws:
(a) "The Council" means the Dumfries and Galloway Council.
(b) "Reserve" means the areas of the Cree Estuary, Wigtown Sands, Baldoon Sands and the Bladnoch Channel being in the Parishes of Wigtown, Kirkmabreck, Kirkinner, Sorbie, Minnigaff and Penninghame, being described in the declared Local Nature Reserve within the meaning of the National Parks and Access to the Countryside Act 1949 and delineated in red on the plan annexed and signed as relative to these byelaws.
(c) "Sanctuary Area" means the areas of the Reserve comprising of intertidal mudflats west of the main channel of the River Cree being in the Parishes of Wigtown, Kirkinner, Sorbie and Penninghame. This area is shown delineated and hatched in green on the plan annexed and signed as relative to these byelaws.
2. (a) Nothing in these byelaws shall interfere with the exercise by any person of a right vested in that person as owner, lessee or occupier of land in the Reserve, or as owner of any interest in the land, including the rights of riparian owners and the owners and operators of salmon netting stations, or with the exercise of any public right of way or right of navigation or in respect of any other right or function referred to in the proviso to section 20(2) of the 1949 Act.
(b) Nothing in these byelaws shall interfere with the exercise of the right of owners and occupiers of land to carry out works in connection with erosion or flood prevention to property within or adjacent to the reserve.
(c) Nothing in these byelaws shall interfere with the exercise of the public right of white fishing in tidal waters within the Reserve.
APPENDIX I APPENDIX 1 14
(d) These byelaws are not binding on the Crown.
3. Within the boundary of the Reserve:
(a) Any Person, together with any wheelchair or perambulator, may enter in any part of the Reserve except the Sanctuary Area.
(b) No person shall knowingly cause or permit any dog or other animal to enter or remain within the Reserve unless it is kept under proper control and is effectively restrained from disturbing, injuring or killing any living creature.
4. No person shall:
wilfully bring any living creature, or the egg of any living creature, into the Reserve in such circumstances that it is likely that such creature will reproduce or that such egg will hatch.
wilfully remove or damage any vegetation in the Reserve.
wilfully remove any soil, sand or mud or damage any form of substrate in the Reserve.
wilfully or negligently remove, displace or deface, damage or destroy any notice-board, apparatus, bank, breakwater, barrier, fence, railing, post, bridge or other man made features, structures or facilities in the Reserve.
Take or wilfully disturb, injure or destroy any living creature or the nest or the egg of any living creature in the Reserve.
bring or cause to be brought into the Reserve any wheeled or tracked vehicles or any hovercraft or any remote-controlled vehicles, excepting for the purpose of launching a boat
APPENDIX 1 APPENDIX 1
(9) erect a tent, hide or concealing structure in such a way as to cause disturbance to any living creature in the Reserve.
(h) carry or discharge a firearm, including a shotgun, or other instrument designed to propel freely a missile within the Reserve excepting necessary apparatus for signalling distress (such as verey pistol or similar).
(i) kill or attempt to kill, trap, molest, injure or wilfully disturb any living creature in the Reserve or spread or use any net or set up or use any lamp or other instrument or snare or lure for the taking, injuring or destruction of any living creature in the Reserve.
(j) wilfully obstruct any landowner or his representatives in respect of the exercise of any such rights or the carrying out of any of their functions in the Reserve.
5. The Council may, by the issue of permits or by public notice, authorise, the doing of anything within the reserve which would otherwise be unlawful under these byelaws and any such permit or notice shall specify the acts that are permitted.
6. Any such permit shall include the following details:
(a) the period for which it is valid, subject to earlier revocation.
(b) the area of the Reserve in respect of which the activity authorised by the permit may be carried out.
(c) a statement to the effect that the permit remains the property of the Council and may be revoked by the Council at any time.
(d) the activity authorised by the permit.
(e) the name of the person or persons authorised to carry out any activity by the permit.
(9 the requirement that the permit must be carried whenever a visit is made to the Reserve and produced for inspection when required by any authorised officer of the Council, or any voluntary warden or owner or farmer, lessee or occupier of the land in the Reserve, or any Police Officer.
7. The said public notice shall include the following:-
(a) the period for which it is valid.
APPENDIX I APPENDIX 1
14 (b) the area or areas of the Reserve in respect of which the activity
authorised by the notice may be carried out.
(c) the activity authorised by the notice.
8. Any person who without reasonable excuse contravenes or fails to
comply with any of the above byelaws shall be guilty of an offence and
liable on summary conviction to a fine not exceeding Level 2 on the
standard scale, except where the acting's which constitute an offence
. . under these byelaws k
h r -also constitute a statutory
offence or an offence at common law.
9. In any proceedings of an offence under these byelaws, it shall be a defence for the person charged to prove:
(a) that he took all reasonable precautions and exercised all due diligence to avoid the commission of an offence; or
(b) that he had a reasonable excuse for his act or failure to act.
[Sign at u re]
Brendan Matthew Kearney, Proper Officer, Head of Legal Services, Dumfries
and Galloway Council
Signed at Dumfries on the
These byelaws are hereby confirmed by the Scottish Ministers on
GUIDANCE ON PROTOCOL FOR RELATIONSHIPS BETWEEN WARD MEMBERS
Introduction
1. This note offers guidance to Councillors on the principles of working in multi-member wards and the development of constructive working relationships between Members. How these principles are put into practice can best be decided by individual Councils and Councillors taking into account the differing circumstances of the ward and the Council area.
Key Principles
2. Members may find the following principles useful in representing a multi-member ward:
e All Members have equal status as representatives of a multi- member ward.
e All ward Members have a duty to be accessible to all the people of the area they have been elected to serve and to represent their interests to the best of their ability.
e Constituents may choose to approach any or all of the ward Members about issues that affect them. The wishes and the interests of constituents are of paramount importance.
e Any ward Member can take an interest in or take up a matter affecting the ward for which they are elected. Members are likely to have a greater impact where they work collectively for a common cause. All ward Members should seek to work in an atmosphere of mutual trust and respect.
e Any division of duties amongst Members should be made clear to constituents as far as possible.
Putting principles into practice
3. Members will wish to consider how the work of the ward is to be allocated and conducted. Practice in multi-member wards elsewhere in the UK suggests that this might be on a geographical or subject basis but there is no hard and fast rule on multi-member working and it is expected that Councils and Members will adapt existing working practices and conventions or develop new patterns of working over time.
14 4. Constituents should be advised how the work of the ward is handled
and information on this made publicly available through, for example, the Council’s website and press advertisements.
Minute Minute
Appendix 3 ANSWER TO QUESTIONS TABLED BY COUNCILLOR SANDRA MCDOWALL - 23 APRIL 2007
I. Present forecast outturns for each Committee for 2006/07 have already been reported to the relevant Committees. The current summary is as follows:
The March meeting of the Finance Sub Committee received the latest corporate monitoring report and the summary statement supporting that report is attached as Appendix I to this note.
The main changes to the position reported at that stage are as follows:-
Capital receipts generated prior to the 31st March 2007 totalled f4Million thus exceeding the target level by f 900k resulting in a corresponding increase in projected year-end balances. As reported to the April meeting of the P&E Committee, the receipt of additional Private Sector Housing Grant income from Communities Scotland has meant that the vacancy savings and increased planning & building warrant fees that P&E had been intending to use to help balance the Private Sector Housing Grant account are no longer required for that purpose and P&E are now forecasting an underspend of around f850k. The P&E Committee have requested that f419k of this amount be used to reinstate the Militia House Repair & Renewal Fund and this will be subject to further Member consideration.
As reported to this week’s ECS Committee, the projected 2006107 overspend against ECS has been reduced to just under f700k and attempts are being made to further reduce this figure.
The position summarised above will be subject to change as part of the closure of the Council’s year-end accounts and the final 2006/07 position will be reported to Members in June.
2. follows:
The present unbudgeted spending pressures for each Committee are as
As presented to the March meeting of the Finance Sub Committee, Education, Social Work & Community Services have identified unavoidable budget pressures of f 3.2 Million and controllable budget pressures of f4.9Million. As presented to the Finance Sub Committee in January, Planning & Environment have identified unavoidable budget pressures of f 196k, Corporate Services f 300k, Combined Services f407k and Police f60k.
3. process to be followed is mapped out as follows:
The Officer Scrutiny Panel have met on 22nd March and 24‘h April. The
a) b)
c) iterative process.
Identify responsible officer for each budget pressure. Collect information on each “uncontrollable” budget pressure -work in progress. Scrutinise pressures based on guidance previously issued (this will be an
14 Minute Minute
4. a) Review funding options within Directorates’ existing resources to finance agreed “uncontrollable budget pressures; and
b) Budgeting as an alternative to the existing policy of each Directorate being expected to accommodate Budget Pressures within existing resources.
In addition bring forward recommendations for applying Policy Led
Actions 3, 4a and 4b have been the subject of further consideration at the Scrutiny Panel of 24‘h April. The Scrutin Panel have been guided in consideration of the CMT and AGMT meeting of 30‘ March 2007 which endorsed a view that spending pressures should be prioritised based on a policy driven approach.
x
The Panel have considered that spending pressures should be considered within a framework which has regard to:
e policy priority e service efficiency and the capacity in the short term to release savings
the practical effects of not funding spending pressures e the quality of information available
Revenue Budget Monitoring Report 2006107 Forecast Outturn as at 31st January 2007
Appendix 1
SERVICE DEPARTMENT
Education & Community Services Planning & Environment Combined Operations Corporate Services Executive Unit & Area Management Financial Services 8 Benefits Corporate and Democratic Core Police Fire Budget Provision to be Allocated Non Distributable Costs Support Service Recharges
Operational Budgets
Capital Charges Loan Charges Interest on Revenue Balances CFCR Transfers to/ from ReserveslFunds Combined Operations Surplus Net Operating Costs
Financed By : Government Grant (excluding specific grants) and NDR Council Tax
Total Financing
Surplus I (Deficit) Balance from Previous Year Balance clfwd
Transfers1 Reserves/ Adjusts. Funds
2006/07 2006107 eOOOs fOOOs
Budaet Provision to be Allocated fOOOs Single Status I Equal Pay 4,500 Schools PPP 4,000 Building Safety Requirements (to be transferred to address spending) 500
-208 80
-261
Transfer of Funding Between Years (QOLICommunity Wardens) Policy Headroom FundinglBroadband (not now required)
AEF Adjustments'" -1 33 Savings still to be allocated to Services'
I 8,478
As previously reported the f250k of 'Savings still to be allocated to Services' relating to
Service R~sarves Released
Procurement will not now be reaiised in the current year.
** Attempts are currently being made to assess the extent to which other Scottish Executive funding received could be diverted to address this shortfall.
Notes to Appendix 1 As at As at As at As at
3010612006 3010912006 3111 212006 3110112007 f 000's f 000's f 000's f 000's 14
Education and Communitv Services School Services Childrens Services Ad uI t Services Community Services Business Services AdjustmentsNirements identified in report to ECS Committee Savings to be Identified
Plannina and Environment Directorate and Support Development & Environment Economic Regeneration Strategic Planning and Transportation Savings to be Identified
Combined Services (General Fund) Burial Services Refuse Collection Service Street and Other Cleansing Roads and Infrastructure Public Convenience Service Parks Development Janitorial Service Savings to be Identified
Executive Unit & Area Management Area Managers Customer Service Centres Executive Unit Savings to be Identified
Corporate Services CS Directorate and Support Policy and Improvement Human Resources Corporate Support and Governance Courier Service Savings to be Identified
Financial Services Financial Services Cost of Collection Benefits Savings to be Identified
