Agenda and minutes

Presentation by Chief Superintendent Ivor Marshall.

The Convener welcomed Chief Superintendent Ivor Marshall to the meeting.  Chief Superintendent Marshall was the commanding officer of J Division which included the Scottish Borders Council area and gave Members a presentation on current policing in the area and the vision for the service going forward.  He thanked the Police, Fire & Rescue and Safer Communities Board of the Council for their support.  Policing covered a wide area from international matters including terrorism to local rural issues.  Chief Constable Gormley had set out a 10 year Strategy 2016-2026 which was divided into a series of 1, 3 and 5 year delivery plans and he urged Members to take part in the consultation on these plans.  The key elements were prevention, protection, communities, cybercrime, growth of knowledge and innovation for the service of the future.  A study of how police officers spent their time had revealed that only 20% of their time was dealing with crime and the remaining 80% dealing with other issues such as sudden deaths, missing people etc. which highlighted the importance of a partnership approach.  A sustainable operating model which focussed on outcomes was needed.  Chief Superintendent Marshall commented on recent improvements at the Bilston Glen Centre and outlined recent activities in the force area.  He then answered Members’ questions on matters including the provision of statistics, future use of Hawick Police Station and the police estate review, responses following the reporting of crime, confusion over which contact number to use, and policing of social media.  The Convener thanked Chief Superintendent Marshall for his presentation.

DECISION

NOTED the presentation.

Consider Minutes of Scottish Borders Council held on 22 December 2016 and 9 February 2017 for approval and signing by the Convener.  (Copies (a) and (b) attached.)

The Minutes of the Meetings held on 22 December 2016 and 9 February 2017 were considered. 

DECISION

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

Consider Minutes of the following Committees:-

(a)     Peebles Common Good Fund                           23 November 2016

(b)     Tweeddale Area Forum                                     23 November 2016

(c)     Berwickshire Area Forum                                  1 December 2016

(d)     Cheviot Area Forum                                           7 December 2016

(e)     Pension Fund Committee                                  8 December 2016

(f)      Pension Board                                                    8 December 2016

(g)     Galashiels Common Good Fund                       8 December 2016

(h)     Eildon Area Forum                                             8 December 2016

(i)      Teviot & Liddesdale Area Forum                       13 December 2016

(j)      Lauder Common Good Fund                             14 December 2016

(k)     Civic Government Licensing                              16 December 2016

(l)      Local Review Body                                            19 December 2016

(m)    Planning & Building Standards                           9 January 2017

(n)     Executive                                                           17 January 2017

(o)     Teviot & Liddesdale Area Forum                       17 January 2017

(p)     Civic Government Licensing                              20 January 2017       

(q)     Local Review Body                                            23 January 2017

(r)      Scrutiny                                                              26 January 2017

(s)     Innerleithen Common Good Fund                     26 January 2017

(t)      Executive                                                           31 January 2017

(u)     Jedburgh Common Good Fund                         1 February 2017

(v)     Kelso Common Good Fund                               1 February 2017

(Please see separate Supplement containing the public Committee Minutes.)

The Minutes of the following Committees had been circulated:-

Peebles Common Good Fund                                     23 November 2016

Tweeddale Area Forum                                               23 November 2016

Berwickshire Area Forum                                            1 December 2016

Cheviot Area Forum                                                    7 December 2016

Pension Fund Committee                                            8 December 2016

Pension Board                                                             8 December 2016

Galashiels Common Good Fund                                 8 December 2016

Eildon Area Forum                                                       8 December 2016

Teviot & Liddesdale Area Forum                                 13 December 2016

Lauder Common Good Fund                                      14 December 2016

Civic Government Licensing                                       16 December 2016

Local Review Body                                                      19 December 2016

Planning & Building Standards                                    9 January 2017

Executive                                                                     17 January 2017

Teviot & Liddesdale Area Forum                                 17 January 2017

Civic Government Licensing                                       20 January 2017       

Local Review Body                                                      23 January 2017

Scrutiny                                                                        26 January 2017

Innerleithen Common Good Fund                               26 January 2017

Executive                                                                     31 January 2017

Jedburgh Common Good Fund                                  1 February 2017

Kelso Common Good Fund                                         1 February 2017

DECISION

APPROVED the Minutes listed above subject to paragraph 3 below.

Consider the recommendations made by the following Committees:-

Tweeddale Area Forum – 23 November 2016

Jedburgh Common Good Fund – 1 February 2017

(Copy attached.)

4.1    Tweeddale Area Forum

         With reference to paragraph 3 of the Minute of the Tweeddale Area Forum held on 23 November 2016, Council was asked to approve a number of recommendations relating to the A72 Action Sub-Committee and its continuation after the Council elections in May.

         DECISION

         AGREED:-

          (a)     the Tweeddale  Area Forum, or its successors,  create an action group, in the next Council term, comprising of Councillors (both local and with relevant portfolios), Community Councillors, and other interested parties such as local parliamentarians,  and the group should also take into account how future works on the A72 could benefit business development in Tweeddale, such as cycling tourism; 

         (b)     the replacement of the existing anti-skid surfacing at the approaches to The Nest Roundabout be considered in future Road Maintenance Programmes;

          (c)     Officers be asked to investigate the provision for a crossing for cyclists on the Innerleithen Road, Peebles beyond the entrance to the Peebles Hotel Hydro to facilitate a connection with the multi-use path where it came out at Whitestone Park and that meantime, Community Councillor Tatler would liaise with the developers of the Hydro Gardens houses to ascertain if access could be provided through the estate;

          (d)     Officers explore the possible provision of a traffic  island in the middle of the road where the 30 mph limit was at the west end of Clovenfords to  stop vehicles speeding before leaving the village;

          (e)     Officers recognise the strategic importance of the A72 in light of the volume of traffic it carried when determining Council’s roads budgets;

          (f)      the Tweeddale Area Forum, or its successors, request Officers to provide a further report on the condition of the A72 to be brought to the Area Forum, or its successors, at a future date (to be agreed), and that the report requested indicate whether the spend, or repairs, to the road infrastructure were comparable in any of the following 3 sections of the A72; West of Peebles, East of Peebles, and in Peebles;

          (g)     Officers prepare an audit or review of the signage and street furniture on the A72;

          (h)     the A72 Woodend – Tighnuilt section be given consideration in the Council’s Capital Plan, as budgets allow;

          (i)      the  Area Forum, or its successors, consider and  act on any information that may come from any forthcoming, or future investigations into vehicle collisions and vehicle related accidents on the A72; and

          (j)      Officers investigate the possibility of reducing the speed limit at the junction of the A72 and the A701.

4.2     Jedburgh Common Good Fund Sub-Committee

          With reference to paragraph 5 of the Minute of the Jedburgh Common Good Fund Sub-Committee, the Council was asked to approve an award of grant to Jedforest RFC towards the refurbishment of their clubrooms.

          DECISION

          AGREED that Jedburgh Common Good Sub-Committee award a grant of £50,000 to the Jedforest RFC towards the major refurbishment of the Clubrooms commencing May 2017.

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

DECISION

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

Consider report by Depute Chief Executive Place.  (Copy attached.)

There had been circulated copies of a report by the Depute Chief Executive Place providing an update on the development of the Preferred Scheme through the Outline Design process and seeking authority for the Scheme’s Project Board to commence taking this Preferred Scheme through the statutory process under the Flood Risk Management (Scotland) Act 2009 and the Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Regulations 2010; as the Scheme required an Environmental Impact Assessment.  The report explained that in 2013 the project team had obtained Council approval to develop the Preferred Scheme through the Outline Design stage and the publication of the Scheme through the statutory process.  The key principles of the Preferred Hawick Flood Protection Scheme (the Scheme) had been maintained through the development of the Outline Design Process.  The project team had continued to deliver the output in accordance with the programme reported in September 2016 to maintain the target of publishing the Scheme in April 2017.  It was important to publish the Scheme in April 2017 so that the project team had sufficient time to resolve objection(s), to allow the Council to ‘Confirm’ the Scheme in September 2017.  The publication of the Scheme was the most important stage of the project for determining the programme and successfully obtaining funding as it opened up the Final Outline Design to public query and challenge that could result in an objection.  If the programmed objection resolution process went beyond the estimated three months it put at risk delivering flood protection by June 2021 and the funding of the Scheme.  The project team had mitigated this as far as possible with proactive engagement with statutory consultees and the community over the past two years to overcome key concerns.  The project team had undertaken a robust land referencing process to identify all land owners, land occupiers, businesses, individuals, agencies and community groups that needed to be legally notified of the Scheme publication.  The project team were currently undertaking a due diligence review of this information and using all reasonable endeavours to fill any gaps in owner or occupier details.  This process would be complete prior to publication.  Members welcomed the report, thanked officers for their work to date and expressed the hope that any objections could be resolved.

DECISION

AGREED to:-

(a)     note the progress made on the project since the update in September 2016;

(b)     approve the Final Outline Design for the Hawick Flood Protection Scheme that has been developed over the last two years;

(c)     authorise the project team to commence the Statutory Approvals processes identified in the Flood Risk Management (Scotland) Act 2009 and the 2010 Regulations; and

(d)       instruct the project team to present the Hawick Flood Protection Scheme to Council for a decision (as detailed in the Flood Risk Management (Scotland) Act 2009 and the 2010 Regulations) as soon as possible after the end of the formal 28 days objection period.

Consider report by Service Director Regulatory Services.  (Copy attached.)

There had been circulated copies of a report by the Service Director Regulatory Services on proposed changes to the governance structure of Scottish Borders Housing Association (SBHA), including the removal of guaranteed places for Local Authority Members nominations and the reserved vacancies for tenant Shareholding Members of SBHA on the Board of Management.  The report explained that SBHA had carried out a review to strengthen and future-proof their governance structure.  The result of this review included a proposal to move away from a constituency model to a skills-based Board of Management.  Community and tenant involvement would be a key part of the new skills-based Board, and Councillors and tenants would be encouraged to apply for Board Membership through the new skills-based process.  The permission of the Council for this change was required as the Stock Transfer Agreement between Scottish Borders Council and SBHA stated at Schedule 2, Part A, paragraph 6.1 that: ‘The Association shall - not change the Rules of the Association so as to reduce the level of Local Authority or tenant representation or the ability of tenants to participate in the running of the Association (including, without limitation, the ability of tenants to participate in direct elections for the appointment of tenant Board or Committee Members) without the Council’s prior written consent.’  The Leader commented on the changes to the operation of SBHA since the stock transfer and commended this change which would still allow Councillors to apply if they wished.

DECISION

AGREED to approve the changes to SBHA’s Rules to future-proof and strengthen their governance structure by moving to a skills-based Board.

DECLARATIONS OF INTEREST

Councillors Davidson, Fullarton, Herd and Mountford 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.

MEMBER

Councillor Fullarton left the meeting.

Consider report by Depute Chief Executive People.  (Copy attached.)

There had been circulated copies of a report by the Depute Chief Executive People on proposals developed by the Trimontium Trust to refurbish and extend their existing museum in the Ormiston Institute, Melrose and seeking approval for a £60,000 capital grant from the Emergency and Unplanned Fund and for circa £63,000 of in-kind support.  The report explained that the Trimontium Trust had approached the Council for assistance to deliver a c£1.9m project to expand and improve the offer which their Trimontium Museum located in the Ormiston Institute, Melrose currently provided.  The main capital project had been costed at approximately £1.2m with the balance in display and interpretation and an ambitious activity plan.  The Trimontium Trust previously submitted a Heritage Lottery Fund (HLF) bid in autumn 2016 but this was unsuccessful.  HLF subsequently met with the Trust and provided feedback on the initial submission.  HLF indicated that for a project of this scale, and one involving a Council-administered building, they would have expected a Council contribution.  HLF had also encouraged the Trust to resubmit a revised bid.  The Trust was working to address the advice received from HLF and now intended to submit a new Stage 1 HLF application in early March 2017.  The Trust was working with many partners, specifically Live Borders and SBC Education, to develop their submission as part of a wider scheme to develop its community outreach and grow the museum’s influence beyond that achieved to date in its 25 year history.  The Trust was looking for SBC to provide support in the region of 10% of the capital cost of £1.2m.  It was proposed that SBC offer £63,000 of benefit in-kind, in the form of officer time, and provide a £60,000 capital contribution from the Emergency and Unplanned Fund.  The benefit in-kind comprised approximately £56,000 of architectural services and £7,000 of Clerk of Works services which it was planned would be delivered internally by SBC.  The total contribution therefore would be £123,000.  An amended wording for recommendation was tabled at the meeting.  Members welcomed the proposals.

DECISION

AGREED:-

(a)     to note the proposals that had been developed by the Trimontium Trust to expand and improve the offer which their Trimontium Museum in the Ormiston Institute, Melrose currently provided;

(b)     to provide the project with a £60,000 capital contribution from the Emergency and Unplanned Fund and provide £63,000 of in kind support; and

(c)     on the assumption that the stage 1 HLF application was successful, to instruct the Depute Chief Executive People to bring a progress report back to the Executive before the Trimontium Trust submitted a Stage 2 HLF application.  SBC Support for the Stage 2 application would be subject to all identified funding being agreed in advance.

Consider motion by Councillor Renton in the following terms:-

“After carefully considering the Findings of the Inquiry, and if those findings do not inhibit her from doing so, this Council asks that the Chief Executive seeks to work positively with all relevant parties to restore the Jim Clark Rally as quickly as possible.”

9.1    In advance of considering this item the Convener cautioned Members that they must not discuss the tragic events which occurred at the 2014 Rally nor make any statement which could be considered to influence the conduct of resolution of the Inquiry in any way.

9.2    Councillor Renton, seconded by Councillor Aitchison, moved the Motion, as detailed on the agenda, in the following terms:-

          “This Council notes the commencement of the Fatal Accident Inquiry into the tragic deaths which occurred at the 2014 Jim Clark Rally.

          After carefully considering the Findings of the Inquiry, and if those findings do not inhibit her from doing so, this Council asks that the Chief Executive seeks to work positively with all relevant parties to restore the Jim Clark Rally as quickly as possible.”

          Councillor Renton spoke in support of her Motion which was unanimously supported.

DECISION

          AGREED to approve the Motion as detailed above.

MEMBER

Councillor Cockburn left the meeting.

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 Minute of Scottish Borders Council held on 22 December 2016.  (Copy attached.)

The private section of the Council Minute of 22 December 2016 was approved. 

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

(a)     Pension Fund                                                     8 December 2016     

(b)     Civic Government Licensing                              16 December 2016   

(c)     Civic Government Licensing                              20 January 2017

(Please see separate Supplement containing private Committee Minutes.)

The private sections of the Committee Minutes as detailed in paragraph3 of this Minute were approved.

Consider report by Service Director Regulatory Services.  (Copy attached.)

Members approved a report by the Service Director Regulatory Services on the disposal of housing stock owned by the Tweedside National Housing Trust 2011 Limited Liability Partnership.

Under Section 50B(4)(b) of the Local Government (Scotland) Act 1973, the Convener was of the opinion that the item dealt with in the following paragraph should be considered at the meeting as a matter of urgency, in view of the need to make an early decision.

Members approved a report by the Corporate Transformation and Services Director on the submission of a formal proposal to the Scottish Government.