-993 Notice of meeting and agenda Midlothian Council Venue: Council Chambers, Midlothian House, Dalkeith, EH22 1DN Date: Tuesday, 27 June 2017 Time: 11:00 - 15:00 John Blair Director of Resources Contact: Clerk Name: Kyle Clark-Hay Clerk Telephone: 0131 270 5796 Clerk Email: [email protected] Further Information: This is a meeting which is open to members of the public. Recording Notice: Please note that this meeting will be recorded. The recording will be publicly available following the meeting, including publication via the internet. The Council will comply with its statutory obligations under the Data Protection Act 1998 and the Freedom of Information (Scotland) Act 2002. Page 1 of 324 1 Welcome, Introductions and Apologies Including any apologies from Members who are unable to attend 2 Order of Business Including notice of new business submitted as urgent for consideration at the end of the meeting. 3 Declarations 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 No deputations have been received for consideration. 5 Minutes of Previous Meeting Submitted for approval as a correct record: 5.1 Note of Meeting of Midlothian Council of 23 May 2017 5 - 26 6 Questions to the Council Leader The following questions have been received for consideration and response by the Council Leader: 6.1 Written Questions To Leader - no1 - report by Director, Resources 6.2 Written Questions To Leader - no2 - report by Director, Resources 6.3 Written Questions To Leader - no3 - report by Director, Resources 7 Motions The following motions have been received for consideration by the Council: 7.1 Notice of motion - moved by Councillor Hackett and seconded by Councillor Russell 7.2 Notice of motion - moved by Councillor McCall and seconded by Councillor Baird Page 2 of 324 7.3 Notice of motion - moved by Councillor Parry and seconded by Councillor Johnstone 8 Public Reports 8.1 Schedule of Meeting Dates - report by Director, Resources 39 - 46 8.2 Outside Bodies - Appointments - report by Director Resources 47 - 50 8.3 Social Work Complaints Review Panel - report by Director, Resources 51 - 54 8.4 Business Transformation Steering Group - report by Chief Executive 55 - 58 8.5 TO FOLLOW - Midlothian House - Office Accommodation - report by 59 - 60 Director, Resources 8.6 Audit Scotland Report - Local Government in Scotland - Performance 61 - 72 and Challenges 2017 - report by Chief Executive 8.7 Financial Monitoring 2016-17 – General Fund Revenue - report by 73 - 94 Head of Finance and Integrated Service Support 8.8 Housing Revenue Account - Revenue and Capital Final Outturn 2016- 95 - 102 17 and Capital Plan 2017-18 - 2021-22 - report by Head of Finance and Integrated Service Support 8.9 Annual Treasury Management Report 2016-17 - report by Head of 103 - 128 Finance and Integrated Service Support 8.10 General Services Capital Plan Outturn 2016-17 - report by Head of 129 - 138 Finance and Integrated Service Support 8.11 Financial Strategy 2018-19 to 2021-22 - report by Head of Finance 139 - 158 and Integrated Service Support 8.12 TO FOLLOW - Financial Accounts 2016-17 - report by Head of 159 - 160 Finance and Integrated Service Support 8.13 Community Empowerment Act - Implementation - report by Director, 161 - 166 Education, Communities and Economy 8.14 Single Midlothian Plan 2017-18 - report by Chief Executive 167 - 220 8.15 Midfest - 2017 - report by Director, Resources 221 - 230 8.16 Voluntary Sector Grants - report by Director, Education, Communities 231 - 252 and Economy Page 3 of 324 8.17 Update on Digital Centre for Excellence - Newbattle Community High 253 - 258 School - report by Head of Education 8.18 Saltersgate School Adaptations - report by Head of Education 259 - 266 8.19 Naming of New Centre at Newbattle - report by Head of Property and 267 - 270 Facilities Management 8.20 Update on Current Position of Complaint Handling Procedure - report 271 - 276 by Director, Education, Communities and Economy 8.21 National Mental Health Strategy - report by Joint Director, Health and 277 - 280 Social Care 8.22 Sustainable and Affordable Social Care Services - report by Head of 281 - 316 Service 8.23 Carers Act - report by Joint Director, Health and Social Care 317 - 324 9 Private Reports THE COUNCIL IS INVITED (A) TO CONSIDER RESOLVING TO DEAL WITH THE UNDERNOTED BUSINESS IN PRIVATE IN TERMS OF PART 1 OF SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973 – THE RELEVANT REPORTS AND 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 TO FOLLOW - Education Appointments - report by Director, Education, Communities and Economy 9.2 Scottish Government Regeneration Capital Grant Fund – Call for Applications - report by Director, Resources Page 4 of 324 Minute of Meeting Item 5.1 Midlothian Council Date Time Venue 23 May 2017 10am Council Chambers, Midlothian House, Buccleuch Street, Dalkeith Present: Councillor Alexander Councillor Baird Councillor Cassidy Councillor Curran Councillor Hackett Councillor Hardie Councillor Imrie Councillor Johnstone Councillor Lay-Douglas Councillor McCall Councillor Milligan Councillor Montgomery Councillor Muirhead Councillor Munro Councillor Parry Councillor Russell Councillor Smaill Councillor Winchester Religious Representatives (Non-voting observers for Education Business): In attendance: Matin Khan Page 5 of 324 2 1. Welcome, Introductions and Apologies 1.1 It was noted that the Returning Officer (the Chief Executive) would assume the Chair of the meeting until the Provost was elected by the Council under the terms of Section 4(4) of the Local Government (Scotland) Act 1994. 1.2 In light of the terrorist attack in Manchester during the previous evening, the Chief Executive asked that the meeting stand to observe a minute silence in memory of the victims. 1.3 It was noted that apologies had been received from Rev. Ruth Halley and Vic Bourne. 2. Order of Business 2.1 The order of business was confirmed as that which was outlined in the agenda that had been circulated. 2.2 The Clerk further confirmed that when elected, the Provost would confirm whether they would agree to items in item 3.15 to be considered at the meeting. 3. Public Reports Agenda Report Title Presented by: No. 3.1 Election Return – Midlothian Local Chief Executive Government Election 2017 Outline of report and summary of discussion The Council heard from the Chief Executive who in his capacity as Returning Officer and in terms of Rule 56 of The Scottish Local Government Elections Order referred to the letter circulated which set out the results of the Local Government Elections on 4 May 2017. Further the Chief Executive confirmed that all Councillors concerned had been written to. In conclusion the Chief Executive offered congratulations to all Councillors on their election. Decision The Council agreed to note the result Page 6 of 324 3 Report No. Report Title Presented by: 3.2 Declaration of Acceptance of Director, Resources Office of Councillor Outline of report and summary of discussion The Council heard from the Director, Resources began by offering all Councillors a warm welcome to the first meeting of the Council. The Director, Resources then confirmed that all Members had made their Declaration of Acceptance of Office of Councillor to a Proper Officer of the Council and therefore were eligible to participate at the meeting. Decision The Council agreed to note the update from the Director, Resources Report No. Report Title Presented by: 3.3 Election of Provost ; Director, Resources 3.4 Election of Depute Provost; 3.5 Election of Council Leader; 3.6 Election of Depute Council Leader Outline of report and summary of discussion The Council heard from the Director, Resources who presented a report requesting that, in line with the Local Government (Scotland) Act 1994 and the Council’s Standing Orders, the Council elect a Provost from their number. The Council then heard from Councillor Imrie who, in order to expedite matters, presented a motion covering items 3.3 to 3.6 of the business before the Council. Councillor Imrie continued that the terms of the motion were as follows: Councillor Montgomery be elected as Provost; Councillor Russell be elected as Depute Provost; Councillor Milligan be elected as Leader and Councillor Muirhead be elected as Depute Council Leader. Councillor Curran seconded Councillor Imrie’s motion. Councillor Parry moved that items 3.3 to 3.6 were not taken en bloc and moved that they were taken separately. Councillor Johnstone seconded Councillor Parry’s motion. The Chief Executive thereafter asked the Council to vote in relation to whether items 3.3 to 3.6 were considered together as per Councillor Imrie’s motion or separately as per Councillor Parry’s motion. Six Members voted in favour of Councillor Parry’s motion and twelve Members voted in favour of Councillor Imrie’s motion and therefore it was decided that items 3.3 to 3.6 would be considered together. Following this the Chief Executive asked the Council whether there were further nominations for the positions. Page 7 of 324 4 Councillor Parry moved the following: Councillor Cassidy be elected as Provost; Councillor Alexander be elected as Depute Provost; and Councillor Johnstone be elected as Depute Leader. Councillor Johnstone moved that Councillor Parry be elected as Leader. This motion was seconded by Councillor Cassidy. Councillor Parry made a further request that a roll call vote be taken which was agreed by six Members which satisfied the Standing Order requirements for a roll call vote. The Chief Executive confirmed that the Council were voting for either the motion put forward by Councillor Imrie or the amendment put forward by Councillor Parry.