Agenda and minutes

Consider Minute of Scottish Borders Council held on 24 August 2017 for approval and signing by the Convener.  (Copy attached.)

The Minute of the Meeting held on 24 August 2017 was considered. 

DECISION

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

Consider Minutes of the following Committees:-

(a)     Planning & Building Standards                           7 August 2017

(b)     Executive                                                           15 August 2017

(c)     Hawick Common Good Fund                            15 August 2017

(d)     Teviot & Liddesdale Locality                              15 August 2017

(e)     Civic Government Licensing                              18 August 2017

(f)      Local Review Body                                            21 August 2017

(g)     Police, Fire & Rescue and Safer Comms.        25 August 2017

(h)     Audit & Scrutiny (Special)                                  28 August 2017

(i)      Selkirk Common Good Fund                             29 August 2017

(j)      Peebles Common Good Fund                           30 August 2017

(k)     Tweeddale Locality                                            30 August 2017

(l)      Planning & Building Standards                           4 September 2017

(m)    Executive                                                           5 September 2017

(n)     Duns Common Good Fund                                7 September 2017

(o)     Jedburgh Common Good Fund                         13 September 2017

(p)     Kelso Common Good Fund                               13 September 2017

(q)     Galashiels Common Good Fund                       14 September 2017

(r)      Eildon Locality                                                    14 September 2017

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

The Minutes of the following Committees had been circulated:-

(a)     Planning & Building Standards                           7 August 2017

(b)     Executive                                                           15 August 2017

(c)     Hawick Common Good Fund                            15 August 2017

(d)     Teviot & Liddesdale Locality                              15 August 2017

(e)     Civic Government Licensing                              18 August 2017

(f)      Local Review Body                                            21 August 2017

(g)     Police, Fire & Rescue and Safer Comms.        25 August 2017

(h)     Audit & Scrutiny (Special)                                  28 August 2017

(i)      Selkirk Common Good Fund                             29 August 2017

(j)      Peebles Common Good Fund                           30 August 2017

(k)     Tweeddale Locality                                            30 August 2017

(l)      Planning & Building Standards                           4 September 2017

(m)    Executive                                                           5 September 2017

(n)     Duns Common Good Fund                                7 September 2017

(o)     Jedburgh Common Good Fund                         13 September 2017

(p)     Kelso Common Good Fund                               13 September 2017

(q)     Galashiels Common Good Fund                       14 September 2017

(r)      Eildon Locality                                                    14 September 2017

DECISION

APPROVED the Minutes listed above.

The questions submitted by Councillors Robson, S. Scott, Drum, H. Anderson, Chapman and Jardine were answered. 

DECISION

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

Consider Motion by Councillor Haslam in the following terms:-

“That Scottish Borders Council approves the Administration’s vision “Connected Borders 2017 – 2022” for delivering better communities across the Scottish Borders”.  (Copy document attached.)

4.1       Councillor Haslam, seconded by Councillor Aitchison, moved her Motion as detailed on the agenda in the following terms:-

“That Scottish Borders Council approves the Administration’s vision “Connected Borders 2017 – 2022” for delivering better communities across the Scottish Borders”. 

Councillor Haslam spoke in support of her Motion. Members discussed the Vision document and a number of amendments were submitted by Members of the Opposition as follows:-

              (a)     Councillor Bell, seconded by Councillor H. Anderson, moved as an amendment that on Page 6 a second sentence be added to the end of the last bullet point of the “WE WILL” commitments – “So that the state of the Borders roads, as measured by the national Roads Condition Index, is at least at the average of comparable local authorities”.

              (b)     Councillor Laing, seconded by Councillor Bell, moved as an amendment that on Page 6 a second sentence be added to the end of the second (sub) bullet point of the first item of the “WE WILL” commitments – “We will work with our colleagues in Westminster to lobby Network Rail to ensure that the promises made to deliver Reston Station in control period 6 (2019-2024) will be realized.”

              (c)     Councillor Elaine Thornton-Nicol, seconded by Councillor Bell, moved as an amendment that on Page 6 a new bullet point be added to the end of the “WE WILL” commitments – “Defend the provision of local public bus services in the Borders.”

              (d)     Councillor A. Anderson, seconded by Councillor Bell, moved as an amendment that on Page 6 a new bullet point be added to the end of the “WE WILL” commitments – “Establish a cost effective enforcement solution to act as a deterrent in towns blighted by anti-social on-street parking.”

              (e)     Councillor H. Anderson, seconded by Councillor Bell, moved as amendment that on Page 8 a new section be added – Farming and fishing sectors are a vital component of our local economy, ensuring both food security and the achievement of climate change targets.  Recognizing that the proposed UK exit from the European Union will impact significantly on the economic vitality of both sectors

WE WILL

·                Commission an evaluation of the potential economic impact of withdrawal from the EU on both sectors and of the actions we as a Council can take to ameliorate any detrimental impact

·                Target our Business Gateway function to encourage and support co-operative investments by farmers and fishing interests to ensure as much value from the Borders primary production is processed by local manufacturing and marketing capacity.”

              (f)      Councillor Ramage, seconded by Councillor Bell, moved as amendment that on Page 12 that a second bullet point be added to the “WE WILL” commitments – “Maintain the average rate of the school building programme achieved in the last decade as this is rectifying the years of under investment, by accelerating the programme of repair and maintenance of our current schools, both old and new.”

              (g)     Councillor Drum, seconded by Councillor Bell, moved as an amendment that on Page 15  ...  view the full minutes text for item 4.

Consider report by Service Director Customer and Communities. (Copy to follow.)

With reference to paragraph 8 of the Minute of the meeting held on 27 June 2017, there had been circulated copies of a report by the Service Director Customer and Communities seeking approval for the application, assessment and voting process for the Localities Bid Fund as requested by Council at its meeting on 27 June 2017.  The report explained that the proposed model would be managed through Area Partnerships (Locality Committees), supported by Council officers and would address a specific theme or outcome within the Scottish Borders Community Planning Partnerships’ Community Plan, or an agreed local priority.  Bids would be invited from local communities and pre-assessed by the Borders Assessment Panel, which would be chaired by the Executive Member for Neighbourhoods and Locality Services and include all Area Partnership Chairs and key SBC officers, before going to a public vote.  The appendices to the report contained details of the proposed model together with the process, application form, guidance and timetable.  The first application process would commence on 15 October 2017 with applications being assessed in December 2017, publically voted on in January 2018 followed by the issue of funds in February 2018.  Evaluation would commence after stage 1 and be reported after stage 2 bids had been completed.  Members supported the proposals.

DECISION

AGREED:-

(a)     the proposed model as detailed in Appendix 1 to the report;

(b)    the proposed process as detailed in Appendix 2 to the report

(c)     to note the draft application form, guidance and proposed timetable as detailed in Appendices 3 and 4 to the report.

Consider report by Chief Executive.  (Copy to follow.)

There had been circulated copies of a report by the Chief Executive containing details of a review of the Council’s decision making structure and seeking approval for a new Scheme of Administration.  The report outlined the background to the current governance structure. The recent change in the corporate structure of the Council demonstrated a cross-cutting approach to service provision, not just within the Council, but in conjunction with other public bodies and organisations both nationally and in the Scottish Borders.  Any proposed new committee structure would need to take this changed way of working into account.  A new Scheme of Administration was attached as an Appendix to the report, which highlighted the suggested changes to the existing Scheme. The report also detailed the rationale behind each of the suggested changes.  It was also noted that should these changes be approved, the Scheme of Delegation would also require to be amended.  The Leader thanked officers for their work to date but advised that further amendment was still required.  Councillor Bell, seconded by Councillor Aitchison, proposed that the recommendations be amended to read as follows:

(a)     to retain the Executive/Scrutiny model for its decision making structure;

(b)     to approve the amended Scheme of Administration as attached in the Appendix, with the exception of the proposals for Area Partnerships, and instead - on an interim basis - retain the existing Locality Committees’ membership and remit, and include an additional function “Consider applications for financial assistance from the Localities Bid Fund”;

(c)     to appoint the members of the Major Contracts Governance Group;

(d)     that, with the functions from the Petitions and Deputations Committee transferring to the Audit and Scrutiny Committee, to delegate authority to the Clerk to the Council to amend the petitions procedure accordingly;

(e)     to amend the Scheme of Delegation and delegate authority to the Chief Executive to set up a Members Sounding Board, in consultation with the Convener, to consider any matters requiring broad political input prior to consideration by Council, as necessary;

(f)      that a report be brought back to Council on the final membership and remit of Area Partnerships, with the intention that these replace Locality Committees in due course.

These proposed amendments were unanimously accepted.  It was noted that reference to the Lothian & Borders Criminal Justice Authority would be deleted as it was no longer operational. It was further agreed that the appointment of members to the Major Contacts Governance Group be deferred until the next meeting of the Council.

DECISION

AGREED to approve the recommendations detailed above subject to recommendation (c) being deferred until the next Council meeting.

MEMBER

Councillor Marshall left the meeting.

Consider approval of Scottish Borders Local Police Plan 2017-2020.  (Copy Plan attached.)

There had been circulated copies of the Scottish Borders Local Police Plan 2017-2020.  Superintendent Jim Royan was present at the meeting and gave Members a presentation which sought to explain the rationale for the Scottish Borders Local Police Plan, 2017-2020, provide an overview of the content and priorities contained within the Policing Plan and to gain approval of the Scottish Borders Local Police Plan from Scottish Borders Council.  He explained that the priorities for the Borders had been identified as Domestic Abuse, Road Safety, Violent Crime, Anti-Social Behaviour, Drug & Alcohol Misuse, Protecting People and Acquisitive Crime.  He also commented on how outcomes and success would be measured.  Communities and partners would be provided with a comprehensive summary of crime trends and statistics to allow for appropriate and transparent scrutiny.  Performance Indicators had been identified from Police Scotland Quarterly Management Information, from Your View Counts Surveys and from User Satisfaction Surveys.  These would be used to measure how well they were achieving their outcomes.  These indicators would be considered in tandem with ‘partner indictors’ contained within the Scottish Borders Community Plan once it had been completed.  Councillor McAteer welcomed the Plan, acknowledged that Police Scotland was facing a difficult time and that the Council wanted to help them achieve their goals, to ensure that the Borders was a safe and secure place.   Superintendent Royan answered Members’ questions and agreed that there was a need to keep people updated on the outcome of their cases.  He would be happy to work with the Council on youth engagement and commented on an existing partnership protocol in the Borders relating to people who went missing from care settings.  With reference to officer numbers, he advised that J Division had just appointed 27 new recruits to J Division who had just started at Tulliallan Police College and 9 of those would be coming to the Scottish Borders.  With reference to rural crime he advised that Inspector John Scott had just been appointed to deal with rural crime.  He also commented on the use of “no cold calling” zones and SB Alert.  In response to a question on public confusion regarding 999/101/crime-stoppers numbers, he advised that he would look at how communication regarding the best number to use could be improved.

DECISION

AGREED to approve The Scottish Borders Local Police Plan 2017-2020.

MEMBER

Councillor Turnbull left during consideration of the above item.

ADJOURNMENT

The Convener adjourned the meeting for a short comfort break

MEMBERS

Councillors Haslam, Jardine, Miers, H. Scott and S. Scott did not re-join the meeting.

Consider the following:-

There had been circulated copies of a report by Audit Scotland, the Council’s Auditors, together with a report by the Chief Financial Officer and a copy of the Annual Accounts 2016/17.  The Chief Financial Officer’s report explained that the Council’s External Auditors were now Audit Scotland.  They also covered the Council’s related charities but KPMG continued to provide the external audit of SB Cares, SB Supports and Bridge Homes.  KPMG had concluded their audit and had raised no issues.  Audit Scotland had now completed the audit of the Council’s 2016/17 Annual Accounts and had provided an unqualified independent audit opinion.  The Annual Audit Report summarised Audit Scotland’s conclusions, including:

·                An unqualified audit opinion

·                They concurred with management’s accounting treatment and judgements;

·                They concluded positively in respect of financial management, financial sustainability, governance and transparency and value for money.

Audit Scotland had identified four recommendations requiring action and these had been accepted by management and would be enacted within the agreed timescales.  As required under the Local Authority Accounts (Scotland) Regulations 2014, the audited Annual Accounts for Scottish Borders Council, Scottish Borders Council’s Pension Fund, SBC Common Good Funds, the SBC Charitable Trusts, Bridge Homes LLP, SB Support and SB Cares - copies of which had also been circulated - had been presented to the Audit & Scrutiny Committee prior to signature.  Councillor Bell, as Chairman of the Audit and Scrutiny Committee, commented on that Committee’s review of the accounts and the unqualified opinion which had been received in respect of all accounts.  He noted that Mr Samson from Audit Scotland was in the public benches that day.

DECISION

AGREED to approve the following audited accounts:-

(a)     the Scottish Borders Council’s audited Annual Accounts for the year to 31 March 2017;

(b)     the Scottish Borders Council Common Good Funds’ (Charity SC031538) audited Annual Accounts for the year to 31 March 2017;

(c)     the SBC Welfare Trust (Charity SC044765) audited Annual Accounts for the year to 31 March 2017;

(d)     the SBC Education Trust (Charity SC044762) audited Annual Accounts for the year to 31 March 2017;

(e)     the SBC Community Enhancement Trust (Charity SC044764) audited Annual Accounts for the year to 31 March 2017;

(f)      the Thomas Howden Wildlife Trust (Charity SC015647) audited Annual Accounts for the year to 31 March 2017;

(g)     the Ormiston Trust for Institute Fund (Charity SC019162) audited Annual Accounts for the year to 31 March 2017;

(h)     the Scottish Borders Council Charity Funds’ (Charity SC043896) audited Annual Accounts for the year to 31 March 2017;

(i)      the Bridge Homes LLP audited Annual Accounts for the year to 31 March 2017;

(j)      the SB Supports audited Annual Accounts for the year to 31 March 2017;

(k)     the SB Cares audited Annual Accounts for the year to the 31 March 2017; and

(l)      the Scottish Borders Council’s Pension Fund audited Annual Accounts for the year to 31 March 2017.

Consider report by Chief Financial Officer.  (Copy attached.)

With reference to paragraph 12 of the Minute of 15 December 2016, there had been circulated copies of a report by the Chief Financial Officer containing the annual report of treasury management activities undertaken during the 2016/17 financial year.   The annual report provided an analysis of performance against targets set in relation to Prudential and Treasury Management Indicators.  All of the performance comparisons reported upon were based on the revised indicators agreed as part of the mid-year report approved in December 2016.  The report also detailed the Council’s borrowing requirement to fund capital investment undertaken during 2016/17, how much the council actually borrowed against the sums budgeted, and the level of external debt carried on the council’s balance sheet within approved limits.  During the year the Council had, where possible, deferred borrowing using surplus cash rather than undertaking new borrowing and therefore did not undertake additional long term borrowing during the year.  However, the Council did undertake short term borrowing for cash flow purposes and long term borrowing for capital purposes during the year, amounting to £9m and £12m respectively.  Treasury management activity for the year had been undertaken in compliance with approved policy and the Code and the Council remained under-borrowed against its Capital Financing Requirement (CFR) at 31 March 2017.

DECISION

AGREED:-

(a)     to note that treasury management activity in the year to 31 March 2017 had been carried out in compliance with the approved Treasury Management Strategy Policy; and

(b)     the annual report of Treasury Management activities for 2016/17 as detailed in Appendix 1 to the report.

Consider report by Chief Financial Officer.  (Copy attached.)

There had been circulated copies of a report by the Chief Financial Officer providing information on the rules for implementation of the Markets in Financial Instruments Directive (MiFID II), which was effective from 3 January 2018.  The report explained that following a review by the European Commission the rules for Markets in Financial Instruments Directive (MiFID) were due to change on 3^rd January 2018.  The change would result in all UK Local Authority pension funds being automatically reclassified from “professional investors” to “retail” clients by default.  The re-classification of “retail” would result in the Council being unable to invest any financial instrument including the Council’s current investments as set out in the Treasury Strategy.  To allow continued investment in the required classes the Council required to apply to “opt-up” to “professional” status. The Local Government Association was currently developing a reporting template in conjunction with the Investment Association, which the Council would be able to utilise for the “opt up” process.

DECISION

AGREED:-

(a)     to note the pending reclassification of the Council to “retail” status under MiFID II; and

(b)     that the Council would complete the required documentation to “opt up” to “professional” status.

Consider amendments to Calendar of Meetings for November 2017.  (Copy attached.)

There had been circulated copies of an amended calendar of meetings to allow the Council meeting to be moved away from the school holidays/in-service days in November.

DECISION

AGREED to approve the amended calendar as contained in appendix II to this Minute.

Consider report by Chief Social Work Officer.  (Copy attached.)

There had been circulated copies of a report by the Chief Social Work Officer containing the 10^th annual report on the work undertaken on behalf of the Council in the statutory role of Chief Social Work Officer.  The report provided the Council with an account of decisions taken by the Chief Social Work Officer in the statutory areas of Fostering and Adoption, Child Protection, Secure Orders, Adult Protection, Adults with Incapacity, Mental Health and Criminal Justice.  The report of the Chief Social Work Officer was attached as Appendix A to the report and also contained an overview of regulation and inspection, workforce issues and social policy themes over the year April 2016 to March 2017, and highlighted some of the key challenges for Social Work for the coming year. Members expressed their appreciation for the work of the Chief Social Work Officer, Elaine Torrance, who had recently retired from the post.

DECISION

AGREED to approve the report of the Chief Social Work Officer and noted the successes and challenges detailed in the covering report

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 24 August 2017.  (Copy attached.)

The private section of the Council Minute of 24 August 2017 was approved.

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

(a) Executive                                   15 August 2017

(b) Hawick Common Good Fund    15 August 2017

(c) Civic Government Licensing     18 August 2017

(d) Peebles Common Good Fund   30 August 2017

(e) Executive                                   5 September 2017

(Please see separate Supplement containing private Committee Minutes.)

The private sections of the Committee Minutes as detailed in paragraph2 of this Minute were approved.

Consider report by Chief Financial Officer.  (Copy attached.)

Members approved a report by the Chief Financial Officer.

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

Members approved a report by the Service Director Assets and Infrastructure.

DECLARATION OF INTEREST

Councillors McAteer and Paterson declared an interest in the above item of business in terms of Section 5 of the Councillors Code of Conduct and left the Chamber during the discussion.