Agenda and minutes

The Convener congratulated the following:-

(a)     Councillor Paterson for 30 years’ service to the community having first been elected in May 1988;

(b)     Chief Inspector Andy McLean and Safer Communities & Community Justice Manager, Graham Jones on behalf of the Drivewise project which received the Partnership of the Year award sponsored by Crimestoppers; and

(c)     Kimberley O’May, employee of Scottish Borders Council, who was this years Gala Braw Lass.

DECISION

AGREED that congratulations be passed to those concerned.

Consider Minute of Scottish Borders Council held on 26 April 2018 for approval and signing by the Convener.  (Copy attached.)

The Minute of the Meeting held on 26 April 2018 was considered. 

DECISION

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

Consider Minutes of the following Committees:-

(a)     Tweeddale Area Partnership                              27 March 2018

(b)     Cheviot Area Partnership                                   28 March 2018

(c)     Major Contracts Governance Group                 12 April 2018

(d)     Local Review Body                                            16 April 2018

(e)     Teviot & Liddesdale Area Partnership                17 April 2018

(f)      Audit & Scrutiny                                                 19 April 2018

(g)     Civic Government Licensing                              20 April 2018

(h)     Planning & Building Standards                           30 April 2018

(i)      Executive                                                           1 May 2018

(j)      Peebles Common Good Fund                           9 May 2018

(k)     Galashiels Common Good Fund                       10 May 2018

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

The Minutes of the following Committees had been circulated:-

Tweeddale Area Partnership                                            27 March 2018

Cheviot Area Partnership                                                 28 March 2018

Major Contracts Governance Group                               12 April 2018

Local Review Body                                                          16 April 2018

Teviot & Liddesdale Area Partnership                              17 April 2018

Audit & Scrutiny                                                                19 April 2018

Civic Government Licensing                                            20 April 2018

Planning & Building Standards                                         30 April 2018

Executive                                                                          1 May 2018

Peebles Common Good Fund                                         9 May 2018

Galashiels Common Good Fund                                      10 May 2018

DECISION

APPROVED the Minutes listed above.

DECLARATION OF INTEREST

Councillor Weatherston declared an interest in the question asked by Councillor S. Scott in terms of Section 5 of the Councillors Code of Conduct and left the Chamber when this question was answered.

The questions submitted by Councillors Paterson, S. Scott, Fullarton, Brown, Bell, Ramage and H. Anderson were answered. 

DECISION

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

Consider report by Service Director Children and Young People.  (Copy attached.)

With reference to paragraph 7 of the Minute of 26 April 2018, there had been circulated copies of a report by the Service Director Children and Young People providing an update on progress in relation to implementing the Early Learning and Childcare Expansion to 1140 hours by 2020/21 since the report to the Executive Committee on 7 November 2017.  This included liaison with the Scottish Government on the Service Development and Implementation Plan, the 2018/19 revenue allocation for the expansion, a further medium-term revenue and capital allocation for the period 2017/18 to 2021/22 and the Council’s plans for the next phases of the expansion from August 2018.  The report outlined the implications for Council provision, partner providers and childminders.  The Service Director commented on the success of the pilot at Philiphaugh Primary School and the positive impact it had on the children involved.  Members welcomed the report and hoped that this provision would assist in closing the attainment gap.

DECISION

AGREED:-

(a)     the next phases of the expansion plan from August 2018; and

(b)     to increase Partner Providers Payment rates by 55p to £4.20 per hour for 3 and 4 year olds, and to £4.55 per hour for 2 year olds from August 2018.

Consider report by Chief Executive.  (Copy attached.)

There had been circulated copies of a report by the Chief Executive on the proposed response to the consultation ‘Your Service Your Voice: A consultation on the safe and planned future of the Scottish Fire and Rescue Service’ published on 13 February 2018.  The report explained that the Consultation envisioned a four-year programme that would transform both the Scottish Fire and Rescue Service (SFRS) and the role of its firefighters.  Potential areas of change included a more effective crewing model, new fully-harmonised conditions and more flexible working arrangements and mobility, use of the latest technology and new types of vehicles, a review of the national ‘fire station’ footprint and a strengthening of services to rural communities through the appointment of new whole-time rural manager positions in key locations across Scotland.  There were three important considerations for the Council, namely how these proposals would impact upon the type and quality of service provided by SFRS in the Scottish Borders, the impact upon the outcomes to which both the Council and the SFRS were committed through Community Planning, and how the proposals were viewed by the public of the Scottish Borders.  The draft response, which was appended to the report, sought to take a balanced view of the drivers for change, potential areas of change and to measure these against those three considerations.  An obvious challenge was that the proposed changes were currently at a high level, so the detailed implications and specifically the precise consequences for the Scottish Borders were not yet clear.  Members agreed that there was a need to better align resources and supported the proposed response.

DECISION

AGREEDthe draft response to ‘Your Service Your Voice: A consultation on the safe and planned future of the Scottish Fire and Rescue Service’ set out in Appendix 1 to the report.

Consider report by the Executive Director.  (Copy attached.)

With reference to paragraph 20 of Appendix II to the Minute of 29 March 2018, there had been circulated copies of a report by the Executive Director, Mr Dickson, seeking agreement to the Council’s response to the current Scottish Government pre-legislative consultation on a new Enterprise Agency for the South of Scotland.  The purpose of this pre-legislative consultation was to gather views on how the new South of Scotland Enterprise Agency could make the difference in delivering Inclusive Growth, increasing competitiveness, and tackling inequality across the South of Scotland and the proposed response was appended to the report as Appendix 2.  The consultation on a new Enterprise Agency for the South for Scotland closed on 7 June 2018 and, given the importance of the consultation and its proposals to the Scottish Borders, it was vital that Scottish Borders Council submitted a considered and comprehensive response before that deadline.  Members welcomed the proposed response.

DECISION

AGREED:-

(a)     to note the significance of the current Scottish Government pre-legislative consultation on the proposed South of Scotland Enterprise Agency; and

(b)     that the draft consultation response set out in Appendix 2 to the report was submitted to Scottish Government as the Council’s formal response to the consultation on a new Enterprise Agency for the South of Scotland.

Consider report by Service Director Assets and Infrastructure.  (Copy attached.)

With reference to paragraph 7 of the Minute of 25 February 2016, there had been circulated copies of a report by the Service Director Assets and Infrastructure providing an update on both the Responsible Dog Ownership Strategy and the pilot approach undertaken to enforcement in relation to dog fouling.  The report explained that Scottish Borders Council had agreed to pilot a new approach to dog fouling enforcement, as part of a wider Responsible Dog Ownership Strategy, in February 2016.  The Strategy encompassed three aims – reduce dog fouling; reduce incidents relating to noise caused by dogs; respond to reports of stray dogs and injury caused by dog attacks.  The report summarised the outcomes and lessons learned from the pilot and other work undertaken as part of the Responsible Dog Ownership Strategy around dog fouling detailing activities undertaken across six delivery action areas.  The pilot had created significant opportunities for lessons learned and these were detailed in the report and appendices.  However, the most significant and consistent message was that in order to have an effective Responsible Dog Ownership Strategy, it required to be integrated as part of a wider strategy to educate dog owners which needed to be resourced over a sustained period of time in order to measure its effectiveness and demonstrate its success within the community.   Councillor Aitchison emphasised the need for partnership working and commended the work of the “Dog Friendly Newtown” group.  Councillor Thornton-Nicol who was involved in the group advised that this approach could be replicated in any town or village in the Borders.

DECISION

(a)     NOTED the findings of the report on the Responsible dog Ownership Strategy and associated enforcement pilot.

(b)     AGREED to:-

          (i)      an updated Responsible Dog Ownership Strategy 2018-2022, as a publication, to be prepared based on outcomes and findings of the Pilot and reflective of the new Corporate Plan and that this would be available within six months;

          (ii)     instruct the Service Director Assets and Infrastructure to enter into negotiations for a contract for the future provision of dog bags from a third party, which had no costs to the Council in their provision or maintenance; and

          (iii)    the delivery of enforcement activity via the Police Community Action Team under the agreed Terms of Reference as part of a responsive, intelligence-led and prioritised service integral to the Local Policing Plan.

Consider report by Service Director Assets and Infrastructure.  (Copy attached.)

There had been circulated copies of a report by the Service Director Assets and Infrastructure setting out a proposed programme of work to deliver a strategic network of outdoor community spaces across the Borders, approved as part of the Council’s 2018/19 Financial Plan and proposing the establishment of an Elected Members Reference Group to oversee delivery.   The report explained that as part of the Council’s Financial Plan 2018/19 – 22/23, £2.8m would be invested in Outdoor Community Spaces with the aim of improving community wellbeing and enhancing activity levels for all ages with a beneficial impact on the health of the population.  Appendix A to this report outlined the programme of proposed projects across the Scottish Borders and provided an indicative timescale for delivery. The programme proposed a range of provision including Children’s Playparks, Pump bike/Skate tracks and Fitness/Youth Shelter provision as well as the rationalisation of obsolete equipment, where this was no longer fit for purpose.  The programme was subject to change, with possible new priorities emerging in consultation with communities and through the Elected Members Reference Group. Any recommendations for amendments would be brought to future meetings of the Executive Committee for consideration through the normal financial monitoring process.  The Members Reference Group would support the delivery of the Play area and Outdoor Community spaces investment over the next four years, and would:

·                oversee the procurement and delivery of the programme;

·                make recommendations on which obsolete play areas should be removed, particularly in areas where this programme would deliver significant new investment;

·                support community consultation in the delivery of the projects; and

·                make recommendations on appropriate changes to the programme should additional resources become available, particularly should projects not proceed to construction, or if delivery timescales changed.

Members welcomed the report.

DECISION

AGREED:-

(a)     to approve the proposed programme of work set out in Appendix A to the report;

(b)     to approve the establishment of the Members Reference Group, as detailed in the report to support delivery of the proposed programme and appoint the Convener as Chairman, the Executive Member for Neighbourhoods and Locality Services together with a representative from each of the five Area Partnerships as Members of the Group;

(c)     an addition to the Scheme of Delegation to give authority to the Service Director Assets & Infrastructure: “After consultation with local Members, the Chief Financial Officer and the Chief Legal Officer, declare play parks obsolete or those surplus to community requirements and arrange for the removal of equipment and disposal, if appropriate.”;

(d)     to approve the Capital budget adjustments required and the revenue funding requirement as detailed in the report; and

(e)     that recommendations on changes to the programme would be highlighted as part of the established Financial Monitoring process to the Executive Committee.

Consider report by Chief Executive.  (Copy attached.)

There had been circulated copies of a report by the Chief Executive detailing the allowances paid to Members during 2017/18, which the Council required to publish in terms of Regulation 6(5) of the Local Government (Allowances and Expenses) (Scotland) Regulations 2007.  Appendix 1 to the report detailed the allowances paid to Councillors in 2017/18 and Appendix 2 detailed attendance at training events and conferences.  Overall these payments totalled £747,698.02.  In response to a question on why a total column was included it was explained that the format was specified in the Regulations. 

DECISION

AGREED that the information in the Appendices to the report be published on the Council’s website, in order to meet the publicity requirements of the Local Government (Allowances and Expenses) (Scotland) Regulations 2007.

Consider Motion by Councillor H. Anderson in the following terms:-

“Valuing our Community Centres

Live Borders have recently completed an independent Appraisal of the operation, aptitude and ambitions of the house committees of the 10 community centres they have responsibility for.   The report states that whilst 2 of these 10 centres are interested in actively pursuing greater autonomy, the remaining 8 are more tentative.

Changing the management arrangements and responsibilities for these buildings requires careful facilitation in order to ensure that the capacity of the existing house committees is retained and strengthened, not weakened.

Whilst the centres are currently the responsibility of Live Borders, any potential transfer of the buildings will require the agreement of full council.  A key consideration must be the consequences of any transfer on the wider communities who use these facilities every day.

The Council therefore asks that the Executive Director and Council representatives on the Joint Officer Group and the Executive/Board Liaison Group monitor and take relevant action to ensure that any negotiations about potential transfer are sensitively and effectively managed to safeguard the community value these centres represent.”

Councillor H. Anderson, seconded by Councillor Haslam, moved her Motion as detailed on the agenda in the following terms:-

“Valuing our Community Centres

Live Borders have recently completed an independent Appraisal of the operation, aptitude and ambitions of the house committees of the 10 community centres they have responsibility for.   The report states that whilst 2 of these 10 centres are interested in actively pursuing greater autonomy, the remaining 8 are more tentative.

Changing the management arrangements and responsibilities for these buildings requires careful facilitation in order to ensure that the capacity of the existing house committees is retained and strengthened, not weakened.

Whilst the centres are currently the responsibility of Live Borders, any potential transfer of the buildings will require the agreement of full council.  A key consideration must be the consequences of any transfer on the wider communities who use these facilities every day.

The Council therefore asks that the Executive Director and Council representatives on the Joint Officer Group and the Executive/Board Liaison Group monitor and take relevant action to ensure that any negotiations about potential transfer are sensitively and effectively managed to safeguard the community value these centres represent.”

Councillor Anderson spoke in support of her Motion which was unanimously approved.

DECISION

AGREED to approve the Motion as detailed above.

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 26 April 2018.  (Copy attached.)

The private section of the Council Minute of 26 April 2018 was approved. 

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

(a)     Major Contracts Governance Group                 12 April 2018

(b)     Civic Government Licensing                              20 April 2018

(c)     Executive                                                           1 May 2018

(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 Assets and Infrastructure.  (Copy attached.)

It was decided to approve a joint report by the Executive Director and Service Director Assets and Infrastructure.

Consider report by Executive Director.  (Copy attached.)

A report on governance arrangements by the Executive Director was approved.