Agenda and minutes

Launch of the new Awards developed to recognise the commitment and excellent work of individuals in communities who have made a significant contribution addressing violence against women/girls in the Scottish Borders.

Louise MacLennan, Chair of the Violence Against Women Partnership, and Councillor Moffat were pleased to launch the first Scottish Borders Violence against Women (VAW) Partnership Awards 2015.  The awards had been developed to recognise the commitment and excellent work of individuals in Borders’ communities who had made a significant contribution addressing violence against women/girls in the Scottish Borders. The VAW Partnership collectively agreed that there should be some way to recognise these efforts, and that “partnership” also included communities. This was the first award but it was hoped in future years that additional awards could be made to a wider range of individuals and/or organisations. The 2015 Award was sponsored by Scottish Borders Council’s Safer Communities Team.  The closing date for nominations was Friday 2 October, with the winner being announced on 25 November, which was the International Day for the Elimination of Violence Against Women.

DECISION

WELCOMED the introduction of these awards.

The Convener commented on the Borders Railway Willie Wonka chocolate treats in schools.  An enormous amount of work had gone, and continued to go, into organising the various opening events and he paid tribute to the Leader, Chief Executive and the whole SBC Team while looking forward to this truly historic day.  He also asked those present that, during this celebratory period, they spare a thought for the desperate people in Africa and the Middle East struggling to survive and escape from horrific situations.

DECISION

NOTED.

Consider Minutes of Meetings of Scottish Borders Council held on:-

25 June 2014                                                                                  Pages 1-10

The Minute of the Meeting held on 25 June 2105 was considered. 

DECISION

AGREED that the Minute be approved and signed by the Convener.

Consider Minutes of the following Committees:-

(a)   Police, Fire & Rescue and Safer

        Communities Board                      15 May 2015            Pages 11-18

(b)   Cheviot Area Forum                     3 June 2015             Pages 19-28

(c)   Scrutiny                                         11 June 2015           Pages 29-32

(d)   Community Planning Strategic

        Board                                            11 June 2015           Pages 33-40

(e)   Local Review Body                       15 June 2015           Pages 41-58

(f)    Lauder Common Good Fund        16 June 2015           Pages 59-60

(g)   Teviot & Liddesdale Area Forum  16 June 2015           Pages 61-66

(h)   Pension Board                               18 June 2015           Pages 67-68

(i)     Pension Fund                                18 June 2015           Pages 69-74

(j)     Civic Government Licensing        19 June 2015           Pages 75-76

(k)   Health & Social Care Joint

        Integration Board                           22 June 2015           Pages 77-82

(l)     Peebles Common Good Fund      25 June 2015           Pages 83-86

(m)  Selkirk Common Good Fund        25 June 2015           Pages 87-88

(n)   Planning & Building Standards      29 June 2015           Pages 89-98

(o)   Audit & Risk                                  30 June 2015           Pages 99-108

(p)   Civic Government Licensing        24 July 2015            Pages 109-110

(p)   Planning & Building Standards      3 August 2015          Pages 111-114

(Circulated in paper format only – electronic version can be accessed under relevant committee.)

The Minutes of the following Committees had been circulated:-

Police, Fire & Rescue and Safer Communities Board         15 May 2015    

Cheviot Area Forum                                                              3 June 2015     

Scrutiny                                                                                  11 June 2015   

Community Planning Strategic Board                                  11 June 2015   

Local Review Body                                                                15 June 2015   

Lauder Common Good Fund                                                16 June 2015   

Teviot & Liddesdale Area Forum                                          16 June 2015   

Pension Board                                                                       18 June 2015   

Pension Fund                                                                        18 June 2015   

Civic Government Licensing                                                 19 June 2015   

Health & Social Care Joint Integration Board                       22 June 2015   

Peebles Common Good Fund                                              25 June 2015   

Selkirk Common Good Fund                                                25 June 2015   

Planning & Building Standards                                              29 June 2015   

Audit & Risk                                                                           30 June 2015   

Civic Government Licensing                                                 24 July 2015    

Planning & Building Standards                                               3 August 2015

DECISION

APPROVED the Minutes listed above subject to paragraph 4.1 below.

4.1    AUDIT AND RISK COMMITTEE

         With reference to paragraph 4 of the Minute of the Audit and Risk Committee of 30 June 2015, approval was recommended in respect of the revised Corporate Counter Fraud Policy and Strategy.

         DECISION

         AGREED to approve the revised Corporate Counter Fraud Policy and Strategy.

MEMBER

Councillor Davidson joined the meeting during the undernoted item.

OPEN QUESTIONS

The questions submitted by Councillors Logan, Mountford, Bell and Cockburn were answered. 

DECISION

NOTED the replies as detailed in Appendix I to this Minute.

Consider report by the Chief Officer Audit & Risk on the Audit & Risk Committee Annual Report 2014/15 which incorporates its annual self-assessment using the CIPFA Audit Committees Guidance.  (Copy attached.)

There had been circulated copies of a report by the Chief Officer Audit & Risk containing the Audit & Risk Committee Annual Report 2014/15 which incorporated its annual self-assessment using the CIPFA Audit Committees Guidance. The report detailed the outcome of the self-assessments which indicated a high degree of performance against the good practice principles. However, some areas of improvement to enhance and fully demonstrate the effectiveness of the Audit & Risk Committee were identified.  The key improvement actions were to:-:

·                Formally obtain feedback on its performance from those interacting with the Committee;

·                Monitor compliance and outcomes of the Committee’s recommendation to apply Gateway Review and lessons learned to major projects and programmes;

·                Enhance the Committee’s review of the effectiveness of performance management arrangements; and

·                Improve the Committee’s scrutiny of arrangements for ensuring value for money.

Steps would be taken to consider the business of the Committee during 2015/16 to cover those themes.  Councillor Ballantyne, Chairman, commented on the work of the Committee and thanked officers for their input.  She advised that new external representatives were about to be recruited.

DECISION

AGREED:-

(a)     to approve the Audit & Risk Committee Annual Report 2014/15 appended to the report which incorporated its self-assessments using the CIPFA Audit Committees Guidance; and

(b)     that the Audit & Risk Committee Annual Report 2014/15 would be published on the Council’s website.

Consider report by Service Director Commercial Services seeking approval of SEPA’s Flood Risk Management Strategies, Prioritisation of Actions Version 4.0 as prepared by SEPA for delivery by the Council as part of the Flood Risk Management Planning Cycle 2016-2022.  (Copy attached.)

With reference to paragraph 11 of the Minute of 19 February 2015, there had been circulated copies of a report by the Service Director Commercial Services seeking approval of SEPA’s Flood Risk Management Strategies, Prioritisation of Actions Version 4.0 as prepared by SEPA for delivery by the Council as part of the Flood Risk Management Planning Cycle 2016-2022.  The report listed the actions identified by SEPA to be taken forward by Scottish Borders Council in the Flood Risk Management Planning Cycle 1 2016 -2022.  There were subject to Scottish government funding, the mechanism for the allocation of funding was still currently under development and would be finalised in September.  There was a high degree of confidence that the funding allocation for Flood Schemes would cover all 41 proposed schemes with Hawick Flood Protection Scheme ranked number 15 nationally.  Council approval was now required for SEPA’s Prioritisation of Actions Version 4.0_DRAFT prior to SEPA gaining internal approval and taking the final Flood Risk Management Strategies which will include v4.0_FINAL of the Prioritisation of Actions to the Scottish Minister.  Members questions on funding, surface water management plans, and specific schemes were answered.

DECISION

AGREED to approve SEPA's Flood Risk Management Strategies, Prioritisation of Actions Version 4.0_DRAFT as prepared by SEPA for delivery by the Council as part of the Flood Risk Management Planning Cycle 2016 -2022

Consider report by Chief Social Worker on progress in implementing the duties of the Social Care (Self-directed Support) (Scotland) Act 2013 which came into force on 1 April 2014.  (Copy attached.)

DECLARATION OF INTEREST

Councillor Edgar declared an interest in the following item of business in terms of Section 5 of the Councillors Code of Conduct and left the Chamber during the discussion.

With reference to paragraph 14 of the Minute of 26 June 2013, there had been circulated copies of a report by the Chief Social Work Officer detailing progress in implementing the duties of the Social Care (Self-directed Support) (Scotland) Act 2013 which came into force on 1 April 2014.   Whilst the Act applied to all age groups, the report focused on implementation within adult services.  The report explained that the Social Care (Self-directed Support) (Scotland) Act 2013 (the Act) came into force in April 2014.  Its aim was to ensure that people eligible for social care support had control and choice over their support arrangements.  As of August 2015 there were 349 people receiving support through the Act.  In order to ensure that new duties were being met a review had been undertaken and this report highlighted the key findings.  The review was informed by people using the self-directed support (SDS) approach, social work managers and practitioners, and providers who responded to a questionnaire.  The majority of people felt that the Council was fully adhering to the duties of the Act.  In some duties it was recognised that there was a need for further progress.  This Act was in year five of a ten year national SDS strategy, and it was recognised nationally that this was a large scale transformational change that would take time.  The questionnaire responses from social work staff and providers had helped to identify what was working well within SDS and what were the challenges.  Most staff were very positive about SDS and its focus on the person’s choices and outcomes.  Learning from the review had confirmed that key areas to address included an urgent need for the SDS documentation to be incorporated into the social work information system, frameworki; the need for a review of the resource allocation system to follow from this; the extension of public information; opportunities for continuous learning and the need for continuing leadership support with the change.  Members discussed the report and asked that future reports include users’ comments.

DECISION

AGREED to:-

(a)     note the Council’s progress in meeting the duties under the Act; and

(b)     endorse key actions to progress implementation as detailed below:

          (i)      implement the new paperwork to reflect SDS. This would provide people with clear information about the option chosen, and on the budget for their support.  It would also reduce paperwork for practitioners;

          (ii)     collect information on whether people’s outcomes were being met through their support and report on this;

          (iii)    promote cultural change through the organisation by continuing to facilitate shared learning amongst stakeholders. This should improve understanding about SDS;

          (iv)    meet the duty to provide information on a range of resources within service provision and the community by exploring the provision of a resource directory with providers and the  ...  view the full minutes text for item 8.

Consider report by Service Director Neighbourhood Services outlining the implications of the decision to terminate the contract with New Earth Solutions for the treatment of waste, on Easter Langlee Landfill Site and the proposed way forward.  (Copy attached.)

DECLARATION OF INTEREST

Councillor Cranston declared an interest in the following item of business in terms of Section 5 of the Councillors Code of Conduct and left the Chamber during the discussion.

With reference to paragraph 10 of the Minute of 25 June 2015, there had been circulated copies of a report by the Service Director Neighbourhood Services on the implications of the Council’s decision to terminate the contract with New Earth Solution (NES) for the treatment of waste, on Easter Langlee Landfill Site and the proposed way forward.  The report explained that under the NES Contract it was anticipated that the majority of the Council’s Residual waste (i.e. black bin waste) would in future have been diverted from landfill via the Waste Treatment Facility planned for the Easter Langlee Site. The termination of the NES contract meant that residual waste would continue to be landfilled at current levels while an alternative solution was developed and as a result the currently operational landfill void was expected to reach capacity in the Summer/Winter of 2017.  In addition from January 2021, landfill sites in Scotland would no longer be able to accept biodegradable municipal waste without the material having met stringent pre-treatment processes.  In order to comply with these new requirements the Council would either have to treat its biodegradable municipal waste in the Borders prior to landfill, or transfer it out of the Borders for treatment.  The development of a Waste Treatment Facility in the Borders was not a viable option at the current time and an interim solution was required. The development of a permanent waste treatment facility would be considered and evaluated during the development of the new Waste Management Plan in consultation with the Member-Officer Reference Group.  A landfill options appraisal had now been undertaken to assess the options available to manage residual waste in the Borders and ensure compliance with the 2021 landfill bans.  Three options had been considered all of which involved the closure of the landfill site and development of a new Waste Transfer Station but at different points over the period 2017 to 2021.  Following appraisal of the three options it was proposed that Option A, to close the landfill in Summer/Winter 2017 when current capacity had been reached and construct a waste transfer station at Easter Langlee on the old proposed NES site in time for the transfer of waste from all regions onto alternative facilities from Summer/Winter 2017, was the best way forward.  Members received a presentation from the Service Director and the Chief Financial Officer on the proposal which included details of the financial implications and the flexibility to accommodate the new Waste Strategy.  Members discussed the proposal in detail including the use of the same consultants, transporting waste out of the region, the closing of  Easter Langlee landfill site, the waste transfer building, the NES technology and gate fees.  Officers gave assurance to Members that they would be regularly apprised of progress.

DECISION

AGREED:-

(a)     to support and agree the  ...  view the full minutes text for item 9.

Consider appointment of Member to Standards Committee.

Councillor Edgar, seconded by Councillor Torrance, moved that Councillor Renton be appointed to fill the vacancy on the Standards Committee and this was unanimously approved.

DECISION

AGREED that Councillor Renton be appointed to the Standards Committee.

Consider Motion by Councillor Logan in the following terms:-

"The Scottish Borders Council instructs the Leader to write to the Scottish Government expressing concerns over its proposals for the River Tweed in their Wild Fisheries Review.”

Councillor Logan, seconded by Councillor Nicol, moved approval of the following Motion as detailed on the agenda:-

“The Scottish Borders Council instructs the Leader to write to the Scottish Government expressing concerns over its proposals for the River Tweed in their Wild Fisheries Review.”

Copies of a proposed draft letter were tabled at the meeting.  Councillor Logan spoke in support of his motion.  Councillor Nicol highlighted the importance of the River Tweed, which currently supported 500 jobs and contributed £20m per annum to the Borders economy.  Members agreed that the management system in place for the River Tweed should be used as an example for other areas where there was poor management but that there should be no changes to the current operating model.  Councillor Nicol proposed that the motion be extended to include seeking a meeting with Scottish Ministers and all stakeholders to discuss the position of the Tweed.  Members unanimously agreed to accept the expanded Motion.

DECISION

AGREED that the Leader write to the Scottish Government expressing concerns over its proposals for the River Tweed in their Wild Fisheries Review - as per the draft letter circulated at the meeting - subject to the addition of a request that Scottish Ministers meet with the Council and any other River Tweed Stakeholders to discuss the retention of the current arrangements.

Before proceeding with the private business, the following motion should be approved:-

“That under Section 50A(4) of the Local Government (Scotland) Act 1973 the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in the relevant paragraphs of Part 1 of Schedule 7A to the aforementioned Act.”

DECISION

AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in  Appendix II to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 1, 6, 8 and 9 of Part I of Schedule 7A to the Act.

      SUMMARY OF PRIVATE BUSINESS

Consider private Section of Scottish Borders Council Meeting held on:-

25 June 2105                                                                    Pages 115-118

The private section of the Council Minute of 25 June 2015 was approved. 

Consider private sections of the Minutes of the following Committees:-

(a)     Scrutiny                                       11 June 2015      Pages 119-120

(b)     Pension Fund                              18 June 2015      Pages 121-122

(c)     Civic Government Licensing      19 June 2015      Pages 123-124

(d)     Selkirk Common Good Fund     25 June 2015      Pages 125-126

(e)     Civic Government Licensing      24 July 2015        Pages 127-128

(f)      Planning & Building Standards   3 August 2015     Pages 129-130

The private sections of the Committee Minutes as detailed in paragraph4 of this Minute were approved.

Consider joint report by SB Cares Managing Director and the Chief Social Work Officer.  (Copy attached.)

DECLARATIONS OF INTEREST

Councillors Cockburn and Edgar declared an interest in the following item of business in terms of Section 5 of the Councillors Code of Conduct and left the Chamber during the discussion.

Members considered and approved a joint report by the SB Cares Managing Director and the Chief Social Work Officer.