The Moray Council

THE MORAY COUNCIL

WEDNESDAY 30 JANUARY 2013

COUNCIL OFFICE, ELGIN

PRESENT

Councillors J S Cree (Convener), A G Wright (Council Leader), G G Alexander, J S Allan, G S Coull, L Creswell, J A Divers, P Gowans, M Howe, B Jarvis, G Leadbitter, J Mackay, M J McConachie, G McDonald, E M McGillivray, A C McKay, A J McLean, S M Morton, F Murdoch, P Paul, , D G Ross, M Shand, R H Shepherd, A A Skene and C P Tuke.

IN ATTENDANCE

The Chief Executive, the Corporate Director (Corporate Services), the Corporate Director (Environmental Services), the Corporate Director (Education and Social Care), the Head of Financial Services, the Head of Human Resources and ICT, the Head of Legal and Democratic Services and the Democratic Services Manager as Clerk to the Meeting.

ALSO IN ATTENDANCE

Chief Superintendant Mark McLaren and Superintendant Mark Cooper, both Grampian Police, David Rout, Fire Head of Operations and Kevin Lackie, Local Commander, both Grampian Fire and Rescue Services, Mark Hadfield, Ascension Trust, Sarah Johnson, Co-ordinator Elgin Street Pastors and Ian Ross, Chairman Elgin Street Pastors.

1. DECLARATION OF GROUP DECISIONS

In terms of Standing Order 20 and the Councillors‟ Code of Conduct the meeting noted there were no declarations from group leaders or spokespersons in regard to any prior decisions taken on how members will vote on any item on the Agenda nor any declarations of Members Interest in respect of any Item on the Agenda.

2. ADDITIONAL BUSINESS

In terms of Standing Order 28(d) the Meeting agreed to accept the undernoted report at Item 6(b) (paragraph 6 of the Minute refers) as additional business on the Chairman certifying that in his opinion it required to be considered on the grounds of urgency in order to give early consideration due to the timescales involved:-

“Police and Fire and Rescue Services Reform – Governance Arrangements – Report by the Chief Executive”

3. ORDER OF BUSINESS

In terms of Standing Order 28, the meeting agreed to vary the order of business set down on the agenda and take Item 7 “Street Pastors” (paragraph 5 of the Minute refers), as the first item of business followed by the urgent item „Police and Fire and Rescue Services Reform – Governance Arrangements” in order to allow those presenting the report on Street Pastors and the representatives from the Police and Fire Services respectively to depart the meeting at their earliest convenience.

4. EXEMPT INFORMATION

The meeting resolved that under Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Item 20 of business on the grounds that they involve the likely disclosure of exempt information of the class described in Paragraph 1 of Part 1 of Schedule 7A of the Act.

Para No of Minute Para No of Schedule 7A 14 1

5. STREET PASTORS

There was submitted a report by the Corporate Director (Environmental Services) inviting the Moray Council to note the establishment of a Street Pastor Service in Elgin and to ask the Council to endorse its support to the introduction of the service to the streets of Elgin

On the invitation of the Chairman, Mr Mark Hadfield, Ascension Trust and Sarah Johnson, Co-ordinator Elgin Street Pastors, gave a short presentation to the Meeting providing information on the background to the Elgin Street Pastors initiative and outlining the management structure of the Elgin team, how the initiative is funded and detailing its aims and objectives.

At the conclusion of the presentation they responded to various questions raised by the Meeting and thereafter the Chairman thanked them for their informative presentation.

Thereafter the Council agreed to:-

(i) note the establishment of a Street Pastor Service in Moray; and

(ii) endorse the Moray Council‟s support of the introduction of the service to the streets of Elgin.

6. POLICE AND FIRE AND RESCUE SERVICE REFORM – GOVERNANCE ARRANGEMENTS

There was submitted a report by the Chief Executive asking the Council to give early consideration to the recent developments as regards police and fire reform and to agree in principle upon the governance arrangements for scrutiny and engagement relative to the Police and Fire and Rescue Services after 1 April 2013.

Following consideration the Council agreed:-

(i) to note recent developments in the reform of Police and Fire Services;

(ii) to note that progress with Pathfinders varies significantly across the country as does the approach to governance;

(iii) as regards the best means by which to discharge the Council‟s governance responsibilities in relation to the Scottish Police Authority, the Police Service of Scotland and the Scottish Fire and Rescue Service in Moray, to note both the recommendation of the Police and Fire Working Party and the views of the Community Planning Board in this respect;

(iv) in principle upon future governance arrangements as set out in (v) below, adjustments to the Scheme of Administration and associated formalities to be prepared and reported for approval to the Council at its meeting on 27 March 2013;

(v) that a new Council Committee is the preferred option, and agreed that it be delegated to Group Leaders to indicate:

(a) the preferred number of members on this Committee/Board;

(b) the preferred political balance; and

(c) the nominees to be proposed to sit on that Committee at the meeting of the Council on 27 March 2013 with a view to arranging for induction training of the members of this Committee/Board in advance of the go live date of 1 April 2013.

7. MINUTES

The following Minutes were submitted and approved:

(a) THE MORAY COUNCIL – MINUTE OF MEETING DATED 14 NOVEMBER 2012

The Minute of the meeting of the Moray Council dated 14 November 2012 was submitted and approved.

(b) SPECIAL LICENSING COMMITTEE – MINUTE OF MEETING DATED 15 NOVEMBER 2012

The Minute of the meeting of the Special Licensing Committee dated 15 November 2012 was submitted and approved.

The Minute of the Meeting of the Children and Young People‟s Services Appointments Committee dated 16 November 2012 was submitted and approved.

(d) LOCAL REVIEW BODY – MINUTE OF MEETING DATED 22 NOVEMBER 2012

The Minute of the Meeting of the Local Review Body dated 22 November 2012 was submitted and approved subject to under New Cases Ward 4: Fochabers and Lhanbryde being amended to read Ward 5: Heldon and Laich.

(e) POLICY AND RESOURCES COMMITTEE – MINUTE OF MEETING DATED 27 NOVEMBER 2012

The Minute of the Meeting of the Policy and Resources Committee dated 27 November 2012 was submitted and approved.

(f) HEALTH AND SOCIAL CARE SERVICES COMMITTEE – MINUTE OF MEETING DATED 28 NOVEMBER 2012

The Minute of the Meeting of the Health and Social Care Services Committee dated 28 November 2012 was submitted and approved.

(g) PLANNING AND REGULATORY SERVICES COMMITTEE – MINUTE OF MEETING DATED 4 DECEMBER 2012

The Minute of the Meeting of the Planning and Regulatory Services Committee dated 4 December 2012 was submitted and approved.

(h) SPECIAL PLANNING AND REGULATORY SERVICES – MINUTE OF MEETING DATED 19 DECEMBER 2012

The Minute of the Meeting of the Special Planning and Regulatory Services Committee dated 19 December 2012 was submitted and approved.

(i) COMMUNITIES COMMITTEE – MINUTE OF MEETING DATED 11 DECEMBER 2012

The Minute of the Meeting of the Communities Committee dated 11 December 2012 was submitted and approved.

(j) CHILDREN AND YOUNG PEOPLE’S SERVICES COMMITTEE – MINUTE OF MEETING DATED 12 DECEMBER 2012

The Minute of the Meeting of the Children and Young People‟s Services Committee dated 12 December 2012 was submitted and approved.

(k) CHILDREN AND YOUNG PEOPLE’S SERVICES COMMITTEE – MINUTE OF MEETING DATED 13 DECEMBER 2012

The Minute of the Meeting of the Children and Young People‟s Services Appointments Committee dated 13 December 2012 was submitted and approved.

(l) ECONOMIC DEVELOPMENT AND INFRASTRUCTURE SERVICES COMMITTEE – MINUTE OF MEETING DATED 18 DECEMBER 2012

The Minute of the Meeting of the Economic Development and Infrastructure Services Committee dated 18 December 2012 was submitted and approved subject to the suggestion made by Councillor Paul regarding Keith being put forward in respect of the rail freight project being recorded in the minute.

(m) SPECIAL PLANNING AND REGULATORY SERVICES COMMITTEE – MINUTE OF MEETING DATED 19 DECEMBER 2012

The Minute of the Meeting of the Special Planning and Regulatory Services Committee dated 19 December 2012 was submitted and approved.

(n) LICENSING COMMITTEE – MINUTE OF MEETING DATED 19 DECEMBER 2012

The Minute of the Meeting of the Licensing Committee dated 19 December 2012 was submitted and approved.

(o) FLOOD ALLEVIATION SUB COMMITTEE – MINUTE OF MEETING DATED 19 DECEMBER 2012

The Minute of the Meeting of the Flood Alleviation Sub Committee dated 19 December 2012 was submitted and approved.

(p) LOCAL REVIEW BODY – MINUTE OF MEETING DATED 20 DECEMBER 2012

The Minute of the Meeting of the Local Review Body dated 20 December 2012 was submitted and approved. 18

(q) THE MORAY COUNCIL – MINUTE OF SPECIAL MEETING DATED 20 DECEMBER 2012

The Minute of the Special Meeting of the Moray Council dated 20 December 2012 was submitted and approved.

(r) POLICY AND RESOURCES COMMITTEE – MINUTE OF MEETING DATED 15 JANUARY 2013

The Minute of the Meeting of the Policy and Resources Committee dated 15 January 2013 was submitted and approved.

(s) AUDIT AND PERFORMANCE REVIEW COMMITTEE – MINUTE OF MEETING DATED 16TH JANUARY 2013

The Minute of the Meeting of the Audit and Performance Review Committee dated 16th January 2013 was submitted and approved.

8. WRITTEN QUESTIONS

There were no written questions.

9. NOTICE OF MOTION SUBMITTED BY COUNCILLORS S M MORTON AND B JARVIS

There was submitted a Notice of Motion by Councillor S Morton, seconded by Councillor B Jarvis, in the following terms:-

“That following the recent site visit and public meeting, officers present a report on options for short-term / temporary renewal of the shingle bank at Kingston.

In particular, officers would take into consideration expert advice given to the Council on local beach management and take into account environmentally- friendly remedial work being carried out on beaches by local authorities around Scotland”.

During discussion, Councillor Murdoch sought clarification on whether there was a need to suspend standing orders in order for the Notice of Motion to be considered as this issue had been the subject of discussion at the Economic Development and Infrastructure Services Committee held on 18 December 2012.

In response the Head of Legal and Democratic Services advised that she had had the opportunity to review the webcast of the Economic Development and Infrastructure Services Committee on this particular issue and that the distinction between the shingle bank and the land face bank was fully discussed during that debate as were the issues around the pros and cons of immediate action as against requesting a report outlining options for action 19

and as shown in the minute at paragraph 4(l) although the committee instructed a report to be prepared regarding work to the land face bank, the committee did not ask for a report to be prepared relative to the shingle bank despite the fact that the issue of a requirement for a report before action was mentioned several times during the debate. In light of this she was satisfied that the standing order is engaged and that it was not open for Councillor Morton to propose that a report on options regarding the shingle bank, which is the first paragraph of the motion, now be agreed by the Council unless he can outline a material change in circumstance and has the requisite two thirds support from Members. She further advised, for clarity, that this was not to say that the hands of the Council were effectively tied in that it can never call for a report on the shingle bank beyond that which is minuted as the standing order only operates for a period of 6 months from the date of the decision and even then if there is a material change in circumstances, Members can look at the position of new.

In response the Chairman stated that, whilst Councillor Morton has a right to highlight the continuing concerns of his constituents, those concerns have been made well known to the Members as recently as the Economic Development and Infrastructure Services Committee on 18 December 2012 and he found personal difficulty in the finding Councillor Morton‟s comments as justification that there had been a material change in the circumstances since that time.

Following further discussion, during which the respective Ward Members noted their support for the Notice of Motion by Councillor Morton to be debated, the Chairman reaffirmed that in his opinion the matter could only be debated if two thirds of the Council agree to suspend standing orders and in order to do this Members must be satisfied that there has been a material change in circumstances and therefore he would only allow a debate at this point on whether the meeting was satisfied that there had been a material change in circumstances that being the point of order which had to first be decided.

Councillor Morton stated that in his opinion there had been material changes as a significant number of things had happened since the meeting of the Economic Development and Infrastructure Services Committee, namely:

(i) that a site visit had taken place and Members were now, in his opinion, in possession of knowledge they were not in possession of before; (ii) that a public meeting in Kingston, and (iii) discussions held at the Scottish Parliament Petitions Committee.

The Chairman then advised that the matter regarding whether the meeting considers that there has been a material change in circumstances to allow the suspension of standing orders would be taken to the vote.

On a division there voted:

For the Motion: (9) Councillors Morton, Jarivs, Alexander, Allan, Coull, Divers, Howe, J Mackay and Ross

For the Amendment: (16) Councillors Cree, Creswell, Gowans, Leadbitter, McConachie, McDonald, McGillivray, A McKay, McLean, Murdoch, Paul, Shand, Shepherd, Skene, Tuke and Wright

Abstentions: (0)

Accordingly, the meeting agreed not to suspend standing orders and thereafter the Motion fell.

10. PUBLIC CONSULTATION RESPONSES

There was submitted a report by the Corporate Director (Corporate Services) formally noting the publication of the responses received to the Council‟s public consultation on Council priorities.

During discussion Councillor Coull sought clarification regarding the selection and invitation to attend in respect of the focus groups used, in particular the business and the elderly focus groups and in response the Council Leader advised that there was not an open invite to attend the focus groups as in order for a focus group to be effective it had to be manageable. He further advised that there were approximately 10 representatives at each of the business and elderly focus groups with a wide radius being represented at the elderly focus group in particular and stated that he would be happy to circulate the paper relating to what the focus groups had discussed, suggested and asked for and the Council‟s responses provided and also to provide the names of those attending the focus groups to Councillor Coull.

Following consideration, the Council agreed:-

(i) to note the publication of the responses to the public consultation on Council priorities;

(ii) to note the further information to be published in relation to the responses received as detailed in this report;

(iii) that the paper relating to what the focus groups had discussed , suggested and asked for and the Council‟s responses provided be circulated to all members, and

(iv) that the list of those attending the focus groups be provided to Councillor Coull.

Thereafter Meeting joined the Chairman in thanking the staff involved in the public consultation programme of events.

11. STORM EVENT RESPONSE – FINANCIAL IMPLICATIONS

There was submitted a report by the Head of Direct Services providing the Council with an indication of the financial implications arising from the storms of 15 December 2012 and providing an update on the financial implications and authorise expenditure on remedial measures

There was also circulated a briefing paper providing background information to the Meeting on the Bellwin Scheme which exists to give financial assistance to local authorities who would otherwise be faced with an undue financial burden as a result of providing relief and carrying out immediate work due to large scale emergencies.

During discussion the meeting noted that in response to a question raised in the Scottish Parliament Mr Swinney, Scottish Government Finance Minister, had stated that he was aware of the difficulties relating to the Bellwin Scheme and that would be willing to enter into discussions with the Moray Council on the issues in respect of how the Bellwin Scheme currently works and how it may be improved to assist and also in relation to the recent storm event response and it was agreed that this offer be accepted and that the Council Leader write to him in this regard.

Councillor Murdoch advised the Meeting that she had recently written as the Chair of the Economic Development and Infrastructure Services Committee to the Environment Minister in this regard and had received reply and opened discussions.

Following discussion it was agreed that it be remitted to the Leader of the Council and Councillor Murdoch to discuss how to take forward the invitation from Mr Swinney MSP to discuss with this Council the issues in respect of the Bellwin Fund in relation to the recent storm event response.

Following further discussion Councillor Morton, in referring to a report written for the Scottish Government by the Centre for Expertise for Waters proposed a further recommendation that a report be presented to the Economic Development and Infrastructure Services Committee outlining proposals to work with neighbouring authorities on implementing a shore line management plan for the Moray Firth coast.

In response the Chairman stated that as Councillor Morton had quoted from a document that no other Members had access to it was his understanding that the Council could not make a decision unless all had the information that he referred to as they might not feel that information supported his proposal. He further stated that the issue was related only in part to what was before the Council and suggested that there were other ways this could be brought forward and thereafter sought legal advice.

The Head of Legal and Democratic Services advised that whilst it was difficult to advise as to the competency of the motion it was correct to say that as Councillor Morton referred to a document in support of his proposal which 22

apparently draws certain conclusions, as Members did not have an opportunity to consider that document and form their own view on the conclusions and evidence in the document they could not take an informed decision on whether they consider that document supports the requirement for a report.

Following further discussion the Chief Executive advised that Councillor Morton accept the advice of the Chairman that there were other ways to pursue this. He further advised that the report under consideration was about a very specific incident and that Members have been asked to consider this specific item of business and three specific recommendations and Members were now being asked to consider looking into a recommendation which could have quite substantial consequences for the Council. This is not the proper course of action as the issue proposed by Councillor Morton was not validly included on the agenda of business for the meeting, would require investigation as regards its source and there were other ways this could be taken forward. The Chief Executive advised he was willing to discuss the matter outwith the meeting with Councillor Morton. Councillor Morton accepted this offer.

Clarification was sought in regard to the cost comparison in relation to the use of Euro Blocks as a temporary repair with the Euro Blocks being required to be returned for use by Elgin Flood Scheme as opposed to leaving them in place and purchasing new blocks for the Elgin Flood Scheme.

In response the Consultancy Manager advised that the Euro blocks were not affecting a complete repair and would require to be returned for use on the Elgin Flood Scheme once a permanent repair had been carried out. He further advised that although these blocks were not intended as a permanent repair they would stand up to a similar storm event, but Members would require cost information to fully assess options.

Thereafter, the Council agreed:-

(i) to note the contents of this report;

(ii) to approve expenditure incurred in dealing with the emergency response and repair work set out in this report subject to a further report providing information regarding the cost of purchasing new Euro blocks to replace those used from the Elgin Flood Scheme if those currently used as a temporary repair to the harbour wall at Lossiemouth remained in place,; and

(iii) that processes to effect repairs progress, and that reports will be submitted to the relevant Committee on progress and financial implications

(iv) that it be remitted to the Leader of the Council and Councillor Murdoch to discuss how to take forward the invitation from Mr Swinney MSP to 23

discuss with this Council the issues in respect of the Bellwin Fund in relation to the recent storm event response; and

(v) that the Chief Executive discusses with Cllr Morton the issue he raised regarding coastal protection and how this can be dealt with.

12. VENUE ARRANGEMENTS FOR ELECTIONS AND REFERENDUMS IN 2014

There was submitted a report by the Corporate Director (Corporate Services) inviting the Council to note the proposed venues to be used for the purposes of electoral administration during polls scheduled in 2014.

Following consideration, the Council noted the proposed arrangements, as detailed in the Sections 4 – 7, for the venues to be used for elections administration during polls held in 2014.

13. CHILDREN’S HEARING (SCOTLAND) ACT 2011 – NOMINATION TO JOINT AREA SUPPORT TEAM

There was submitted a report by the Corporate Director (Corporate Services) seeking a new nomination of a local authority representative to sit as the Moray Council member on the future Joint Area Support Team covering Moray and Highland Councils.

Following consideration, the Council agreed:-

(i) that the change in circumstances set out in Section 4 of the report represents a relevant and material change in circumstances, in terms of Section 84 of the Council‟s Standing Orders, and agreed to suspend Standing Order 83; and thereafter

(ii) that Councillor Morton be appointed as the representative to sit as a local authority member of the Joint Area Support Team to be formed by Moray Council and Highland Council and that Councillor Gowans be nominated as a further representative should the National Convener agree to appoint more than one local authority member for Moray.

14. APPOINTMENTS TO LANDFILL TAX SUB COMMITTEE

There was submitted a report by the Corporate Director (Corporate Services) inviting the Council to establish the membership of the Landfill Tax Sub Committee and appointing a Chair as appropriate.

Following consideration, the Council agreed that the membership of the Landfill Tax Sub Committee be set at 7 and it be remitted to Group Leaders to determine the membership of and political balance and thereafter to provide the names of those Members appointed to the Clerk.

15. GLASGOW CITY COUNCIL MOTION ON ROYAL MAIL CLOSURES 24

There was submitted a report by the Corporate Director (Corporate Services) advising the Council of a letter received from Glasgow City Council highlighting its opinion that there is a disparity between the need for consultation over the closure of post offices, but not Royal Mail sorting offices and to note that Glasgow City Council has written to the relevant UK Government minister to ask that legislation be amended to make formal consultation over any planned Royal Mail closures affecting front line services in communities compulsory.

Following consideration, the Council agreed to note the issue raised by Glasgow City Council in relation to the closure of Royal Mail sorting offices.

16. QUESTIONS ON COUNCIL MINUTES

Minute of the Moray Council dated 14 November 2012 Under reference to branch 14 of the Minute Councillor Coull sought an update on when Members would receive a briefing on Dial a Bus services and in response the Chief Executive advised that this would be included in the future training programme due to be circulated to Members.

Under reference to branch 3 of the Minute Councillor Howe asked when Members would receive copies of the presentation given to Members on emergency planning. In response the Chairman advised that he had thought that this had been circulated and assured her that the presentation would be circulated following this meeting.

Minute of the Children & Young People‟s Services Committee dated 12 December 2012 Under reference to reference to the Joint Parent Representatives Councillor Howe asked that as she was aware the joint parent representatives had resigned, what the timescale was regarding their replacement. In response the Corporate Director (Education and Social Care) advised that the closing date for nominations was 31 January 2013 and to date only one nomination had been received and an update would be given to the next meeting of the Children & Young People‟s Services Committee. In response to a further query from Councillor Howe regarding a parent council advising that they were not aware of the vacancy, the Corporate Director advised that as far as he was aware all parent councils had been notified of the vacancy and agreed to discuss the matter with Councillor Howe outwith the meeting.

Minute of the Economic Development & Infrastructure Services Committee dated 18 December 2012 Under reference to branch 18 of the Minute Councillor Coull sought an update on the timescales and progress for the station car park extension at Keith. In response the Corporate Director (Environmental Services) advised that there was no progress to report and advised that this was due to part of the land required is owned by the Council but is let to a party who has sub-let to another party and the difficulty is finding a relocation for that third party before matters can be progressed. 25

Under reference to branch 6(iii) of the Minute Councillor Leadbitter asked what progress there had been regarding the partner contributions for the marketing and communications strategy. In response Councillor Murdoch, Chair of Economic Development and Infrastructure Services Committee advised that HIE, Skills Development, Moray College, the NHS and HITRANS have so far contributed and a report will be presented to Policy and Resources Committee once the match funding contributions are in place.

17. CHILDREN AND YOUNG PEOPLE WITH ADDITIONAL NEEDS: INTEGRATED SERVICE DELIVERY STRUCTURE IN EDUCATION AND CHILDREN & FAMILIES SOCIAL WORK [Para 1]

There was submitted a report by the Corporate Director (Education and Social Care) inviting the Council to agree recommendations from the Children and Young People‟s Services Committee on 12 December 2012 and Policy and Resources Committee on 15 January 2013 to agree the recommendation set out in Section 3.1 of this report.

Following consideration, the Council approved the proposal to alter the staffing establishment in the new integrated service delivery structure in Education and Social Care for those posts in the staffing establishment on or above SCP92 of the spinal column of hourly rates.