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Midlothian Council Notice of Meeting and Agenda Midlothian Council Venue: Council Chambers, Midlothian House, Dalkeith, EH22 1DN Date: Tuesday, 20 August 2019 Time: 11:00 Director, Resources Contact: Clerk Name: Mike Broadway Clerk Telephone: 0131 271 3160 Clerk Email: [email protected] Further Information: This is a meeting which is open to members of the public. Privacy notice: Please note that this meeting may be recorded. The recording may be publicly available following the meeting. If you would like to know how Midlothian Council collects, uses and shares your personal information, please visit our website: www.Midlothian.gov.uk Page 1 of 164 1 Welcome, Introductions and Apologies 2 Order of Business Including notice of new business submitted as urgent for consideration at the end of the meeting. 3 Declaration of Interest Members should declare any financial and non-financial interests they have in the items of business for consideration, identifying the relevant agenda item and the nature of their interest. 4 Deputations None received 5 Minutes Minute of Meeting of Midlothian Council of 25 June 2019 submitted for approval as a correct record. Minutes of Meetings for noting, information and consideration of any recommendations contained therein - Minute Volume attached Minute Volume Index 5 - 6 6 Questions to the Council Leader None received. 7 Motions 7.1 Motion by Councillor Hardie, seconded by Councillor Smaill 7 - 8 7.2 Motion by Councillor Smaill, seconded by Councillor Munro 9 - 10 8 Public Reports 8.1 Best Value Assurance - Report by Chief Executive 11 - 74 8.2 Audit Committee Annual Report 2018-19 - Report by Chair of the 75 - 82 Audit Committee 8.3 Financial Monitoring 2019/20 – General Fund Revenue - Report 83 - 106 by Head of Finance and Integrated Service Support Page 2 of 164 8.4 Housing Revenue Account - Revenue Budget and Capital Plan 107 - 112 2019-20 - Report by Head of Finance and Integrated Service Support 8.5 General Services Capital Plan 2019-20 - Report by Head of 113 - 122 Finance and Integrated Service Support 8.6 Low Emission Zones (LEZ) Consultation - Report by Director, 123 - 130 Resources 8.7 Learning Estate Strategy Update - Report by Director, Education, 131 - 138 Communities and Economy 8.8 Learning Estate Strategy Investment Programme and Funding 139 - 142 Model – Report by Director, Education, Communities and Economy 8.9 European Social Fund Programmes 2014 - 2020 - Report by 143 - 146 Director, Education, Communities and Economy 8.10 Lease/Purchase Electric Vehicles and Provide Electric Vehicle 147 - 150 Charging Infrastructure - Report by Director, Resources 8.11 Standards Commission Decisions - Report by Monitoring Officer 151 - 164 9 Private Reports (A) TO CONSIDER RESOLVING TO DEAL WITH THE UNDERNOTED BUSINESS IN PRIVATE IN TERMS OF PARAGRAPH 1 OF PART 1 OF SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973 - THE RELEVANT REPORTS ARE THEREFORE NOT FOR PUBLICATION; AND (B) TO NOTE THAT NOTWITHSTANDING ANY SUCH RESOLUTION, INFORMATION MAY STILL REQUIRE TO BE RELEASED UNDER THE FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 OR THE ENVIRONMENTAL INFORMATION REGULATIONS 2004. 9.1 Senior Leadership Review - Report by Chief Executive • 1. Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office holder, former office-holder or applicant to become an office-holder under, the authority. 9.2 Appointment of Joint Director, Health and Social Care - Report by Chief Executive • 1. Information relating to a particular employee, former employee or applicant to become an employee of, or a Page 3 of 164 particular office holder, former office-holder or applicant to become an office-holder under, the authority. 10 Date of Next Meeting The next meeting will be held on 1 October 2019 at 11.00am. Page 4 of 164 Midlothian Council Minute Volume Presented to the Meeting of Midlothian Council on Tuesday, 20 August 2019 Page 5 of 164 1 Minutes of Meetings submitted for Approval Midlothian Council 25 June 2019 3 - 26 2 Minutes of Meetings submitted for Consideration Approved Minutes for Noting, Information and Consideration of any recommendations contained therein Performance, Review and Scrutiny Committee 19 March 2019 27 - 34 Community Asset Transfer Committee 30 April 2019 35 - 40 Planning Committee 14 May 2019 41 - 50 Business Transformation Steering Group 20 May 2019 51 - 56 Cabinet 21 May 2019 57 - 78 Audit Committee 28 May 2019 79 - 86 Business Transformation Steering Group 10 June 2019 87 - 92 Business Transformation Steering Group 17 June 2019 93 - 96 Business Transformation Steering Group 24 June 2019 97 - 100 Business Transformation Steering Group 25 June 2019 101 - 104 3 Minutes of Meetings submitted for Information Approved Minutes of Outside Organisations to which Council appoints representatives No Minutes submitted for information Short Life Working Group Cross Cutting Service Review – Waste Services 6 June 2019 105 - 110 Page 6 of 164 Midlothian Council Tuesday 20 August 2019 Item No 7.1 Scottish�� Conservatives ?� Midlothian Council Conservative Group Midlothian Council recognises that Scotland has been identified as having the highest death rate from drug use in Europe. Furthermore that Midlothian was identifiedas being in the worst half of Local Authorities within Scotland fordrug deaths per thousand residents. Despite the tough financial pressure that the council faces it is clear that council needs to do more to take action on the devastating drug crisis, which is especially harmful on some of our most vulnerable communities. Council resolves to: 1. Recognise that Midlothian has a significantdrug problem and is in the highest half of local authorities for drug deaths per thousand people. 2. To ensure that the Police Community Action Teams continue to take a particularfocus on tackling supply of drugs, and congratulates them on the reported£1m of seizures in the last 12 month reportingperiod 3. Investigate via a paper, to be presented at full Council on 12th of November 2019, the opportunitiesto fund a dedicated counter drugs team forvulnerable residents in social housing: to be funded by up to £500,000 per annum from the Housing Revenue account, subject to ScottishGovernment approval 4. To include an easily accessed, dedicated drugs advice section on the Midlothian Council Website. 5. To work with partnerorganisations to include additional anti-drugs advice in both primary and SecondarySchools Proposed by: Seconded by: Councillor Andrew Hardie Councillor Peter Smail! Page 7 of 164 Page 8 of 164 Midlothian Council Tuesday 20 August 2019 Item No 7.2 Scottish�� Conservatives �� Midlothian Council Conservative Group Midlothian Council recognises the concerns of local residents due to litter, and in particular instances of fly tipping. The council furtherunderstands the limited resources and power it has in order to tackle these issues. Council should do more to tackle these issues. Some residents have also raised concerns that they have been unexpectedly turned away from Penicuik Recyclingcentre due to the perceived size of their vehicles, including standard people carriers, conventional four wheel drives and private residents' own pick-up style vehicles. Turning residents away who have a legitimate expectation to use the recyclingfacilities increases the likelihood of fly tipping. Council further notes the damage that fly-tipping causes to Midlothian's environment and wildlife and recognises the statement from Keep Britain Tidy imploring that "It's got to be easy for people to do the right thing otherwisewe will see an increase in fly-tipping." Council resolves that: 1. Officers should investigate the opportunities to toughen the procedures in tackling littering and fly tipping. 2. We supportincreasing the fixed-penalty notice for littering from £80 to £100 and maximum fly tipping finesto be increased from £50,000 to £100,000. 3. We send a letter from the local authority to the Scottish Government to advise of Midlothian Council's support for increasing the default on-the-spot litter finefrom £80 to £100, fly-tipping fine from £50,000 to £100,000 and to request that Ministers implement this change as quickly as possible. 4. Our staffensure that local residents are able to have reasonable use of their private vehicles at the recycling centres for private waste, including residents who use larger vehicles. 5. We, and the police authorities, Investigate opportunities for naming and shaming offenders in relation fly tipping, including both commercial and private offenders. Proposed by: Seconded by: Councillor Peter Smaill Councillor Kieran Munro Page 9 of 164 Page 10 of 164 Midlothian Council Tuesday 20 August 2019 Item No 8.1 Best Value Assurance Report Report by: Dr Grace Vickers, Chief Executive 1. Purpose of Report The purpose of this report is to advise council of the publication, by the Accounts Commission of the Best Value Assurance Report for Midlothian Council on 4 July 2019. The report was considered by the Accounts Commission at their meeting on 13 June 2019 and their findings added to the published report attached at Appendix 1. In response to the report a supporting action plan is included in Appendix 2. 2. Background 2.1 Audit Work to support the Best Value Assurance Report for Midlothian Council was carried out between January and March 2019. The audit focused on 5 key questions: 1. Does the council have clear strategic direction? 2. How well is the council performing? 3. Is the council using its resources effectively? 4. Is the council working well with its partners? 5. Is the council demonstrating continuous improvement? 2.2 The audit work was carried out by a team of auditors and best value auditors from Ernst & Young and Audit Scotland and involved an extensive review of documentation and interviews with elected members, council officers and partners. 2.3 The report concludes that the Council has delivered a number of ambitious projects since the Council’s last Best Value report, in particular in relation to schools, community campuses, housing and transport.
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