Dundee City Council - 21/05/2012

At a MEETING of the DUNDEE CITY COUNCIL held at Dundee on 21st May, 2012.

 

Present:-

 

COUNCILLORS

 

Ken GUILD

Vari McDONALD

Lesley BRENNAN

John ALEXANDER

Craig MELVILLE

Georgia CRUICKSHANK

Jimmy BLACK

Gregor MURRAY

Tom FERGUSON

David BOWES

Christina ROBERTS

Brian GORDON

Bill CAMPBELL

Alan G ROSS

Richard McCREADY

Kevin CORDELL

Willie SAWERS

Norma McGOVERN

Will DAWSON

Kevin KEENAN

Helen WRIGHT

Bob DUNCAN

Mohammed ASIF

Ian BORTHWICK

Stewart HUNTER

Laurie BIDWELL

Fraser MACPHERSON

Ken LYNN

 

Derek J SCOTT

 

David K DORWARD, Returning Officer, in the Chair.

 

I DECLARATION OF POLL

 

There was submitted Report No 189-2012 by the Returning Officer intimating, for information and record purposes, that following the counting of votes on 3rd May, 2007, the undernoted members had been declared to have been duly elected to serve as Councillors for the Wards shown:-

 

WARD 1 - STRATHMARTINE - Turnout - 37.13%

Elected at Stage

John Alexander - Scottish National Party (SNP)

1

Ian Borthwick - Independent

3

Stewart Hunter - Scottish National Party (SNP)

9

Kevin Keenan - Scottish Labour Party

1

 

WARD 2 - LOCHEE - Turnout - 37.57%

Elected at Stage

Bob Duncan - Scottish National Party (SNP)

1

Tom Ferguson - Scottish Labour Party

1

Norma McGovern - Scottish Labour Party

9

Alan Ross - Scottish National Party (SNP)

2

 

WARD 3 - WEST END - Turnout - 34.81%

Elected at Stage

Bill Campbell - Scottish National Party (SNP)

1

Fraser Macpherson - Liberal Democrat Focus Team

1

Richard McCready - The Labour and Co-operative Party Candidate

1

Vari McDonald - Scottish National Party (SNP)

7

 

WARD 4 - COLDSIDE - Turnout - 35.83%

Elected at Stage

Mohammed Asif - Scottish Labour Party

1

Jimmy Black - Scottish National Party (SNP)

1

David Bowes - Scottish National Party (SNP)

2

Helen Wright - Scottish Labour Party

4

 

WARD 5 - MARYFIELD - Turnout - 29.72%

Elected at Stage

Georgia Cruickshank - Scottish Labour Party

7

Ken Lynn - Scottish National Party (SNP)

1

Craig Melville - Scottish National Party (SNP)

3

 

WARD 6 - NORTH EAST - Turnout - 31.64%

Elected at Stage

Brian Gordon - Scottish Labour Party

1

Gregor Murray - Scottish National Party (SNP)

1

Willie Sawers - Scottish National Party (SNP)

2

 

 

WARD 7 - EAST END - Turnout - 34.7%

Elected at Stage

Lesley Brennan - Scottish Labour Party

5

Will Dawson - Scottish National Party (SNP)

1

Christina Roberts - Scottish National Party (SNP)

2

 

WARD 8 - THE FERRY - Turnout - 48.08%

Elected at Stage

Laurie Bidwell - Scottish Labour Party

5

Kevin Cordell - Scottish National Party (SNP)

5

Ken Guild - Scottish National Party (SNP)

3

Derek Scott - Scottish Conservative and Unionist

1

 

II APPOINTMENTS

 

There was submitted Agenda Note AN70-2012 relative to the above.

 

Councillor Dawson, seconded by Councillor Hunter, moved approval of the undernoted appointments and allocations.

 

 

NOMINATIONS

 

2 APPOINTMENTS

 

 

(a) Lord Provost (Convener of the Council)

 

Bob Duncan

 

(b) Depute Lord Provost (Depute Convener of the Council)

 

Christina Roberts

 

 

(c) Conveners of Standing Committees

 

(i) City Development Committee

Will Dawson

 

(ii) Development Management Committee

David Bowes

 

(iii) Education Committee

Stewart Hunter

 

(iv) Environment Committee

Craig Melville

 

(v) Housing Committee

Jimmy Black

 

(vi) Licensing Committee

Stewart Hunter

 

(vii) Policy and Resources Committee

Leader of the Administration

(ex-officio) - Ken Guild

 

(viii) Scrutiny Committee

Leader of the Major Opposition Group (ex-officio)

 

(ix) Social Work and Health Committee

Ken Lynn

 

 

(d) Depute Conveners of Standing Committee

 

(i) City Development Committee

Bill Campbell

 

(ii) Development Management Committee

Kevin Cordell

 

 

 

NOMINATIONS

 

(iii) Education Committee

Gregor Murray

 

(iv) Environment Committee

Vari McDonald

 

(v) Housing Committee

John Alexander

 

(vi) Licensing Committee

David Bowes

 

(vii) Policy and Resources Committee

Willie Sawers

 

(viii) Scrutiny Committee (Opposition Member)

Depute Leader of Major Opposition Group

 

(ix) Social Work and Health Committee

Alan Ross

 

 

(e) Local Review Body

 

(i) Convener

Christina Roberts

 

(ii) Depute Convener

Craig Melville

 

 

(f) Conveners - Sub-Committees

 

(i) Superannuation Investment Sub-Committee

Willie Sawers

 

(ii) Personnel Appeals Sub-Committee

Jimmy Black

 

(iii) Personnel Appointments Sub-Committee

Convener of the Policy and Resources Committee (ex‑officio) - Ken Guild

 

 

(g) Appointment to Outside Bodies

 

OUTSIDE BODIES

ALLOCATION

ADMINISTRATION

GROUP

(1)

Ardler Village Trust - representative (1)

(member from the Strathmartine Ward)

 

Member from the Strathmartine Ward

Stewart Hunter

(2)

Association for Public Sector Excellence - representative (1)

 

1 Administration

Craig Melville

(3)

A T Cathro Bequest - representatives (9)

including Lord Provost - (ex-officio)

Lord Provost

(ex-officio + 8)

4 Administration, 3 Lab and 1 Other

Bob Duncan, Will Dawson, Stewart Hunter, Christina Roberts and Alan Ross

 

(4)

Carolina House Trust - representative (1)

(Lord Provost or nominee)

 

Lord Provost or

Nominee

Bob Duncan

 

OUTSIDE BODIES

ALLOCATION

ADMINISTRATION

GROUP

(5)

Central Waterfront Partnership Board - representatives (2) - Leader of Administration and Convener of City Development

 

Leader of Administration and Convener of City Development

Ken Guild and Will Dawson

(6)

Children's Panel Advisory Committee - representatives (2)

 

1 Administration

and 1 Lab

Alan Ross

(7)

Citizens' Advice Bureau - representative (1)

 

1 Administration

John Alexander

(8)

City of Dundee Educational Trust -

representatives (5)

 

3 Administration

and 2 Lab

Stewart Hunter, Gregor Murray and Alan Ross

(9)

City of Dundee Sports Council -

representatives (3)

 

2 Administration

and 1 Lab

Bill Campbell and Bob Duncan

(10)

Construction Licensing Executive -

representative (1)

 

1 Administration

Will Dawson

(11)

COSLA - Convention - representatives (5)

4 Administration

and 1 Lab

Ken Guild, Bob Duncan, Willie Sawers and Jimmy Black

 

 

COSLA - Executive Group - Community Wellbeing and Safety - representative (1)

 

1 Administration

Jimmy Black

 

COSLA - Executive Group - Education, Children and Young People - representative (1)

 

1 Administration

Stewart Hunter

 

COSLA - Executive Group - Health and

Wellbeing - representative (1)

 

1 Administration

Ken Lynn

 

COSLA - Executive Group - Regeneration and Sustainable Development - representative (1)

 

1 Administration

Will Dawson

 

COSLA - Executive Group - Resources and Capacity - representative (1)

 

1 Administration

Willie Sawers

 

COSLA - Executive Group - Strategic Human Resource Management - representative (1)

 

1 Administration

David Bowes

 

COSLA - Older People's Champion Network - representative (1)

 

1 Administration

Ken Lynn

(12)

Dovetail Enterprises - representatives (4)

 

2 Administration

and 2 Lab

Craig Melville and Willie Sawers

 

(13)

Dundee Blind and Partially Sighted Society - representatives (2)

1 Administration

and 1 Lab

Ken Lynn

 

OUTSIDE BODIES

ALLOCATION

ADMINISTRATION

GROUP

(14)

Dundee City Sports Association for the Disabled - representatives (4)

 

2 Administration

and 2 Lab

Alan Ross and Bill Campbell

(15)

Dundee College Board of Management -

representative (1)

 

1 Administration

Stewart Hunter

(16)

Dundee Community Health Partnership -

representative (1)

 

1 Administration

Ken Lynn

(17)

Dundee Contemporary Arts Ltd -

representatives (4)

 

2 Administration, 1 Lab and 1 Other

Vari McDonald and

Ken Lynn

(18)

Dundee Fairtrade Forum - representative (1)

 

1 Administration

Bill Campbell

(19)

Dundee Heritage Trust - representative (1)

 

1 Administration

Vari McDonald

(20)

Dundee Ice Arena - representatives (4)

2 Administration, 1 Lab and 1 Other

Alan Ross and

John Alexander

 

(21)

Dundee International Women's Centre -

representative (1)

 

1 Administration

Christina Roberts

(22)

Dundee Partnership -

 

 

 

(a)

Forum - representatives (8)

(Lord Provost and Leader of the Administration+ 6)

Lord Provost and Leader of the Administration+ 6

3 Administration, 2 Lab and 1 Other

 

Bob Duncan, Ken Guild, Will Dawson, Bill Campbell and Stewart Hunter

 

(b)

Management Group - representatives (2)

(Leader of the Administration and Leader of the Major Opposition Group)

 

Leader of Administration and Leader of Major Opposition Group

Ken Guild

(23)

Dundee, Perth, Angus and North Fife Strategic Development Planning Authority - representatives (3)

 

2 Administration

and 1 Lab

Will Dawson and

Bill Campbell

(24)

Dundee Repertory Theatre - representatives (4) (Lord Provost + 3)

 

Lord Provost + 3

2 Administration

and 1 Lab

 

Bob Duncan, Ken Guild, and Jimmy Black

(25)

Dundee School Children's Holiday Fund - representatives (5) (Lord Provost + 4)

Lord Provost + 4

2 Administration

and 2 Lab

 

Bob Duncan, Stewart Hunter and Gregor Murray

(26)

Dundee Science Centre - representative (1)

 

1 Administration

Gregor Murray

(27)

Dundee University Court - representative (1)

(Lord Provost or Nominee)

Lord Provost or

Nominee

Bob Duncan

 

OUTSIDE BODIES

ALLOCATION

ADMINISTRATION

GROUP

(28)

Dundee Voluntary Action - representatives (2)

(Lord Provost and Convener of Social Work and Health Committee)

Lord Provost and Convener of Social Work and Health Committee

 

Bob Duncan and

Ken Lynn

(29)

East of Scotland Loan and Development Fund - representative (1)

 

1 Administration

Will Dawson

(30)

Fleming Trust Supervisory Committee - representatives (2) (Lord Provost + 1)

 

Lord Provost and

1 Administration

Bob Duncan and

Jimmy Black

(31)

Focus on Alcohol Dundee - representative (1)

 

1 Administration

David Bowes

(32)

Grey Lodge Settlement Association -

representatives (2)

 

1 Administration

and 1 Lab

Jimmy Black

(33)

Highland Forces and Cadet Association -

representative (1)

 

1 Administration

Kevin Cordell

(34)

International Mayors for Peace - representative (1) (Lord Provost)

 

Lord Provost

Bob Duncan

(35)

Leisure and Culture Dundee - representatives (4)

 

2 Administration

and 2 Lab

Bob Duncan and Stewart Hunter

(36)

Mars Training Ship Fund - representative (1)

 

1 Administration

Bob Duncan

(37)

Morgan Trust - representatives (4)

2 Administration

and 2 Lab

 

Stewart Hunter and Gregor Murray

(38)

NHS Tayside Board - nomination (1)

(Convener or Depute Convener of Social Work and Health Committee)

Convener or Depute Convener of Social Work and Health Committee

 

Alan Ross

(39)

Nuclear Free Local Authorities (Scotland) - representative (1)

 

1 Administration

John Alexander

(40)

Royal Scottish National Orchestra Society Ltd - representatives (2)

 

1 Administration

and 1 Lab

Vari McDonald

(41)

Scotland Excel Joint Committee -

representative (1)

 

1 Administration

Willie Sawers

(42)

Scottish Council's Committee on Radioactive Substances - representative (1)

 

1 Administration

John Alexander

(43)

Scottish Council for Deafness - representative (1)

 

1 Administration

Alan Ross

(44)

Scottish Parliament Cross Party Group -

Supporting Veterans - representative (1)

(Lord Provost)

 

Lord Provost

Bob Duncan

 

OUTSIDE BODIES

ALLOCATION

ADMINISTRATION

GROUP

(45)

SOLAR Cities Scotland - representative (1)

 

1 Administration

Christina Roberts

(46)

Sustain (Dundee) - representatives (3)

2 Administration

and 1 Lab

John Alexander and

Christina Roberts

 

(47)

Tay Road Bridge Joint Board - representatives (6)

4 Administration, 1 Lab and 1 Other

David Bowes, Will Dawson, Bill Campbell and Ken Lynn

 

(48)

Tayside and Central Scotland Transport

Partnership - representatives (3)

 

2 Administration

and 1 Lab

Will Dawson and

Bill Campbell

(49)

Tayside Business Gateway - representative (1)

 

1 Administration

Will Dawson

(50)

Tayside Community Justice Authority - representatives (2)

 

1 Administration

and 1 Lab

Ken Lynn

(51)

Tayside Contracts Joint Committee -

representatives (6)

4 Administration

and 2 Lab

David Bowes, Christina Roberts, Jimmy Black and John Alexander

 

(52)

Tayside Council on Alcohol - representative (1)

 

1 Administration

David Bowes

(53)

Tayside Fire and Rescue Board -

representatives (7)

4 Administration, 2 Lab and 1 Other

David Bowes, Christina Roberts, Jimmy Black and John Alexander

 

(54)

Tayside Joint Police Board - representatives (7)

4 Administration, 2 Lab and 1 Other

David Bowes, Christina Roberts, Jimmy Black and John Alexander

 

(55)

Tayside Regional Advisory Board - representative (1)

 

1 Administration

Ken Guild

(56)

Tayside Valuation Joint Board - representatives (6)

4 Administration and 2 Lab

David Bowes, Christina Roberts, Jimmy Black and John Alexander

 

(57)

Travelling People's Advisory Group -

representatives (2) (Convener and

Depute Convener of Housing)

 

Convener and Depute Convener of Housing

Jimmy Black and

John Alexander

(58)

WaterAid (Tayside) - representative (1)

 

1 Administration

Craig Melville

(59)

Webster and Davidson Mortification for the Blind - representative (1)

(Lord Provost)

Lord Provost

Bob Duncan

 

As an amendment, Councillor Keenan, seconded by Councillor McCready, moved that the City Council delegation to the COSLA Convention should consist of 2 SNP members, 2 Labour members and 1 other member.

 

On a division, there voted for the motion - Councillors Guild, Alexander, Black, Bowes, Campbell, Cordell, Dawson, Duncan, Hunter, Lynn, McDonald, Melville, Murray, Roberts, Ross, Sawers, Macpherson and Scott (18); and for the amendment - Councillors Keenan, Asif, Bidwell, Brennan, Cruickshank, Ferguson, Gordon, McCready, McGovern, Wright and Borthwick (11) - whereupon the motion was declared carried. Councillor Duncan subscribed the Declaration de fideli administratione officii prior to taking the Chair.

 

III APPOINTMENT OF BAILIES

 

It was agreed that in accordance with length of service, the undernoted be appointed to assist the Lord Provost in civic duties and civic events.

 

 

Continuous Service

 

Councillor Borthwick

49 years

Councillor Wright

32 years

Councillor Scott

22 years

Councillor Sawers

20 years

 

IV CHURCH/RELIGIOUS/TEACHER REPRESENTATIVES ON THE EDUCATION COMMITTEE

 

There was submitted Agenda Note AN72-2012 proposing that it be remitted to the Head of Democratic and Legal Services to make the necessary arrangements to seek nominations for the appointments in the usual way and that the previous church/religious/teacher representatives continue in their present capacity for a period of up to six months to allow arrangements to be made for representatives to be appointed to the Committee.

 

The Council approved accordingly.

 

It was noted that the appointees would need to comply with the Code of Conduct in accordance with the Standards Commission's Guidance on this matter.

 

V EDUCATION APPEAL COMMITTEE (EXCLUSIONS FROM SCHOOL AND PLACING REQUESTS FOR SCHOOLS)

 

There was submitted Agenda Note AN73-2012, whereby it was noted that the Education Appeal Committee which dealt with appeals relative to exclusions from school and refusal of placing requests for schools, required to be set up under the Education (Scotland) Act 1980.

 

It was reported that at present, there were three Chairpersons for the Appeal Committee appointed by the Education Committee, Mary Reid, Gavin Smith and Grant Simmons who Chair the Committee by rotation. All had intimated that they were prepared to carry on this role for a further period. In addition, it was proposed that Mrs Marion Brand (former Head Teacher of Glebelands Primary School) be appointed as an additional Chairperson for the Appeal Committee.

 

In order to allow continuity for appeal hearings, especially during the period May/June, when Primary 1 and Secondary 1 placing appeals were heard, it was agreed that Mrs Reid, Mr Smith, Mr Simmons and Mrs Brand be appointed, along with the Convener of Education, or their nominee, and that the Appeal Committee comprise the Convener of Education, or their nominee, together with an Independent Chairperson and one Parent Council representative.

 

VI COMPLAINTS REVIEW COMMITTEE (SOCIAL WORK)

 

There was submitted Agenda Note AN74-2012 advising that the Council required to set up a Complaints Review Committee, the remit of which would be to review on the request of the complainant any response or action to be taken by the authority.

 

The Committee previously comprised two elected members and one non-elected member.

 

It was agreed that Councillor Roberts and one Opposition member be appointed and that it be remitted to the Chief Executive in terms of paragraph 13 of the Council's Scheme of Delegation of Powers to Officers (Chief Executive) to appoint a chairperson (non-elected member).

 

VII MEMBERSHIP OF STANDING COMMITTEES, LICENSING BOARD, LOCAL REVIEW BODY AND AD HOCSUB-COMMITTEES ETC

 

After considering Agenda Note AN75-2012 relative to the above, the Council approved the undernoted:-

 

 

ALLOCATION

 

ADMINISTRATION GROUP

Licensing Committee (8) + 8 Trained Substitutes

4 Administration

3 Labour

1 Other

 

Substitutes

4 Administration

3 Labour

1 Other

 

Stewart Hunter, David Bowes, John Alexander and Jimmy Black

 

Alan Ross, Craig Melville, Bob Duncan and Kevin Cordell

Scrutiny Committee (8)

4 Administration

2 Labour

1 Conservative

1 Liberal Democrat

 

Willie Sawers, Craig Melville, Jimmy Black and Kevin Cordell

Personnel Appointments Sub‑Committee (6) -

Proposal to increase to (7)

4 Administration

2 Labour

1 Other

 

Ken Guild, Bob Duncan, Willie Sawers, John Alexander

Personnel Appeals Sub‑Committee (3)

2 Administration

1 Labour

 

Jimmy Black and Stewart Hunter

Social Work Cases Sub‑Committee (3)

2 Administration

1 Labour

 

Ken Lynn and Alan Ross

Superannuation Investment Sub‑Committee (6)

3 Administration

2 Labour

1 Other

 

Willie Sawers, Jimmy Black and Gregor Murray

Licensing Board (10)

6 Administration

3 Labour

1 Other

 

David Bowes, Stewart Hunter, Kevin Cordell, Christina Roberts, Ken Guild and Gregor Murray

Licensing Sub-Committee (3)

2 Administration

1 Labour

 

Stewart Hunter and David Bowes

Local Review Body (3)

2 Administration

1 Labour

 

Christina Roberts and Craig Melville

Local Review Body

Substitutes (6)

4 Administration

2 Labour

 

Gregor Murray, Stewart Hunter, Vari McDonald, and Kevin Cordell

Appointments Panel of the Education Committee - (elected member representatives) (3)

2 Administration

1 Labour

Stewart Hunter and Gregor Murray

(no proposed change to Directorate, Parent Council and Roman Catholic representatives).

 

VIII LICENSING (SCOTLAND) ACT 2005 - LICENSING LIAISON FORUM MEMBERSHIP

 

The Council approved the undernoted membership and remitted to the Forum to appoint or co-opt further members as necessary.

 

1

Chris Sloan

Licensee (DUSA)

2

John Pearson/James Marr

Licensee (Public House)

3

Jonathan Stewart

Licensee (Public House)

4

Bryan Coleman

Police

5

Morag Beattie

DUNCAN Scheme

6

Simon Goulding

Licensing Standards Officer

7

Graeme Petrie

Licensing Standards Officer

8

Paul Ballard

Public Health

9

Vered Hopkins/Eric Knox

Alcohol and Drug Partnership/Tayside Council on Alcohol

10

Katrina Finnon

Social Work Department

11

Matt Landsburgh

Dundee Youth Council

12

Paul Howie

(Off-Sales)

13

Liz Kay

Communities and Policy Division, Dundee City Council

14

Douglas Winton

Tayside Fire and Rescue Representative

15

(Forum to appoint)

Community Representatives (2)

16

(Forum to appoint)

Education Department

 

IX REVIEW OF FINANCIAL REGULATIONS AND TENDER PROCEDURES

 

There was submitted Report No 185-2012 by the Director of Corporate Services and Head of Democratic and Legal Services relative to the above.

 

The Council approved the amendments appended to the report and remitted to the Director of Corporate Services and Head of Democratic and Legal Services to amend the Scheme of Administration on Financial Regulations and Tender Procedures accordingly.

 

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 7A of the Act.

 

X PRISON VISITING COMMITTEES

 

Councillor McDonald declared a non-financial interest in this item by virtue of her employment at Castle Huntly.

 

After considering Agenda Note AN77-2012, the Council approved the appointments to the Open Estate Prison Visiting Committee and Perth Prison Visiting Committee, subject to enhanced disclosure checks.

 

 

 

 

Mr David K DORWARD, Returning Officer.

Lord Provost Bob DUNCAN, Convener.