Scottish Borders Council

Agenda and minutes

Venue: Council Chamber, Council Headquarters, Newtown St. Boswells

Contact: Louise McGeoch Tel 01835 825005  email  lmcgeoch@scotborders.gov.uk

Items
No. Item

1.

Convener's Remarks.

Minutes:

The Convener advised that the Council had received a silver award from the Armed Forces Covenant Scheme as part of its Employer Recognition Scheme for the assistance provided to veterans. 

 

DECISION

NOTED.

 

2.

Scotrail Presentation

Presentation by James Ledgerwood and Lindley Kirkpatrick of Scotrail.

Minutes:

The Convener welcomed James Ledgerwood and Lindley Kirkpatrick from Scotrail to the meeting to give Members a presentation on the first year of the Borders Railway and the plans for the future.  Mr Ledgerwood, Scotrail Head of Economic Development, outlined the Scotrail vison which in its first year had 130 commitments to make the railways in Scotland the best they had ever been and included investment of £475m.  The “Borders Line” was identified as a brand and a tourism manager had been appointed.  Passenger numbers had been 7 times greater at Tweedbank and 3 times greater at Galashiels and Stow than had been forecast and there were a high number of students using the line to come down from Midlothian to college in Galashiels.  The steam train journeys over the summer had attracted 5,500 passengers.  In terms of performance monitoring, trains arriving within the specified arrival time limits were currently at 89% with an annual average of 85%.  He outlined the reasons for delays which included severe weather, axle counter issues, Class 158 radiators and operational staffing.  Improvement plans were prepared to meet these problems and future investment included additional services and extra carriages.  New station facilities would be opened at Tweedbank in January 2017.  Mr Ledgerwood answered Members’ questions on a number of issues including smart ticketing, the need for new rolling stock, tourist related activities, co-ordination with bus services, the potential extension of the line, and improved options via ticket machines.  The Convener thanked them for their presentation.

 

3.

Minute pdf icon PDF 135 KB

Consider Minute of Scottish Borders Council held on 10 November 2016 for approval and signing by the Convener.  (Copy attached.)

 

Minutes:

The Minute of the Meeting held on 10 November 2016 was considered. 

 

DECISION

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

 

4.

Committee Minutes pdf icon PDF 25 KB

Consider Minutes of the following Committees:-

 

(a)     Scrutiny                                                              27 October 2016

(b)     Innerleithen Common Good Fund                     27 October 2016

(c)     Executive                                                           1 November 2016

(d)     Standards                                                           3 November 2016

(e)     Planning & Building Standards                           7 November 2016

(f)      LLP Strategic Governance Group                     8 November 2016

(g)     Audit & Risk                                                        14 November 2016

(h)     Executive                                                           15 November 2016

(i)      Hawick Common Good Fund                            15 November 2016

(j)      Teviot & Liddesdale Area Forum                       15 November 2016

(k)     Civic Government Licensing                              18 November 2016

(l)      Local Review Body                                            21 November 2016

(m)    Peebles Common Good Fund                           23 November 2016

(n)     Scrutiny                                                              24 November 2016

(o)     Community Planning Strategic Board               24 November 2016

(p)     Executive                                                           29 November 2016   

(q)     Selkirk Common Good Fund                             29 November 2016

(r)      Planning & Building Standards                           5 December 2016

(s)     Jedburgh Common Good Fund                         7 December 2016

(t)      Kelso Common Good Fund                               7 December 2016

 

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

 

Additional documents:

Minutes:

The Minutes of the following Committees had been circulated:-

 

Scrutiny                                                                            27 October 2016

Innerleithen Common Good Fund                                    27 October 2016

Executive                                                                          1 November 2016

Standards                                                                         3 November 2016

Planning & Building Standards                                         7 November 2016

LLP Strategic Governance Group                                   8 November 2016

Audit & Risk                                                                      14 November 2016

Executive                                                                          15 November 2016

Hawick Common Good Fund                                          15 November 2016

Teviot & Liddesdale Area Forum                                      15 November 2016

Civic Government Licensing                                            18 November 2016

Local Review Body                                                          21 November 2016

Peebles Common Good Fund                                         23 November 2016

Scrutiny                                                                            24 November 2016

Community Planning Strategic Board                              24 November 2016

Executive                                                                          29 November 2016          

Selkirk Common Good Fund                                           29 November 2016

Planning & Building Standards                                         5 December 2016

Jedburgh Common Good Fund                                       7 December 2016

Kelso Common Good Fund                                             7 December 2016

 

DECISION

APPROVED the Minutes listed above subject to paragraph 5 below.

 

5.

Committee Minute Recommendations pdf icon PDF 54 KB

Consider the recommendations made by the Audit & Risk Committee held on 14 November 2016.  (Copy attached.)

Additional documents:

Minutes:

With reference to paragraph 7 of the Audit and Risk Committee Minute of 14 November 2016, Council was asked to approve a recommendation that the self-assessment checklist as detailed in Supplement 4 of the Accounts Commission ‘Social Work in Scotland’ report be issued to all Elected Members to raise their understanding of social work in the Council.

         

DECISION

AGREED that the self-assessment checklist be issued to all Elected Members.

 

With reference to paragraph 8 of the Audit and Risk Committee Minute of 14 November 2016, Council was asked to approve a recommendation relating to the approval of the Treasury Management Mid-Year report.

 

DECISION

NOTED that this report would be considered at the meeting as detailed at paragraph 12 below.

 

6.

Open Questions pdf icon PDF 47 KB

Minutes:

The questions submitted by Councillors Bell and Logan were answered. 

 

DECISION

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

 

7.

Revenue Budget 2017/18 Planning Assumptions pdf icon PDF 149 KB

Consider report by Chief Financial Officer.  (Copy to follow.)

Minutes:

There had been circulated copies of a report by the Chief Financial Officer providing an initial assessment of the broad planning assumptions that should be followed in constructing the revenue plans for 2017/18 onwards following the publication of the Local Government Finance Settlement for 2017/18 on 15 December 2016.  Now the Settlement had been received, the report updated the financial challenge facing the Council and set out a recommended approach to be followed balancing the budget.  The report explained that reductions in the level of government grant totaled 4.08% next year which resulted in the resources available to the Council being reduced by £8.28m when compared to 2016/17.  The Corporate Management Team, in planning for the settlement, had been assuming a reduction in government grant in the range of 3.5% to 5% so the actual reduction of 4.08% was in the mid-range of these assumptions.  Coupled with the reduction in Government grant, the Council would have to fund significant cost pressures next year that would require increases in the Council Tax estimated at 3%, increases in fees & charges and a significant programme of cost reductions to balance the budget and protect core services.  In a late change to its previously published intensions, Scottish Government had now decided that income raised through changes to the Council Tax multiplier (bands E–H) to be introduced from 1 April 2017, would be retained by Councils to contribute to general fund expenditure.  This change had significantly helped the underlying financial position and reduced the gap that would otherwise have been required to be funded by the Council.  The £250m made available by Government in 2016/17 via the Health budget to fund the introduction of a Living Wage in the care sector had now been baselined.  A further £107m had been provided by Government, again through the Health budget, to fund the full year effect of the Living Wage and further service developments.  The Council’s budget for 2017/18 was predicated on £5.3m of the £250m  national fund being delegated by the Integration Joint Board (IJB) to fund the continuation of this initiative augmented by a pro rata £2.27m share of the £107m.  Government had also made available £120m nationally to establish the Scottish Attainment Fund with £1.83m of specific grant to be allocated to the Borders for distribution to Head teachers. The report noted that 2017/18 would be the final year of the 5 year financial plan first commenced in 2013/14.  The longer term corporate approach to the budget adopted by the current Administration would by the end of 2016/17 have delivered £26.87m of cost reduction savings. These significant reductions had ensured the Council had balanced its budget and delivered a small underspend in each year of the 5 year plan to date. Continuing the robust corporate approach to the budget in 2017/18 focussed on transforming Council services, investment in new technology to reduce costs, greater operational efficiency, new ways of working and the prioritisation of core Council services would be required.   It  ...  view the full minutes text for item 7.

8.

Council Tax Increase 2017/18 pdf icon PDF 145 KB

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

Additional documents:

Minutes:

There had been circulated copies of a report by the Chief Financial Officer providing information on the estimated impact of a 3% increase in Council tax in 2017/18 as initially proposed as part of the 5 year revenue plan published in February 2016.  The report provided background information to the Council tax as well as details of the anticipated changes which the Scottish Government was proposing to the Council tax multiplier i.e. the relationship between band D, the average council tax,  and bands E – H the most expensive bands.  The effect of a 3% increase from April 2017 in the Council Tax bands A-H were shown alongside the effect of the government sponsored changes to the upper bands E-H.  The Chief Financial Officer advised that the information in paragraph 4.2 of the report regarding the distribution of monies raised by the Council Tax multiplier was now out of date and that all money raised would come to the Council.  Members discussed the proposal and agreed that there was no choice but to raise Council Tax levels but these increases must be constrained.

 

DECISION

AGREED to increase all Council tax bands A-H by 3% from 1 April 2017, noting that this increase would be in addition to legislative changes to the 2017 Council tax multiplier affecting bands E - H.

 

9.

Council Tax - Removal of Discount for Second Homes pdf icon PDF 127 KB

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

Minutes:

There had been circulated copies of a report by the Service Director Neighbourhood Services summarising the new powers permitted by The Council Tax (Variation for Unoccupied Dwellings) (Scotland) Amendment Regulations 2016 which allowed the removal of the current Council Tax discount on second homes and the potentially positive financial impact arising from implementing the change.  The report outlined the background of the new discretionary powers and the current position within Scottish Borders Council regarding the discount applied to dwellings that are second homes.  There were currently 1028 second homes within the Borders and if the removal of the 10% discount was approved, this would generate in the region of a further £114,000 in recurrent annual revenue. 

 

DECISION

AGREED:-

 

(a)     to approve the removal of the 10% discount currently applied on domestic dwellings that met the second home property criteria; and

 

(b)     that the change was implemented from 1 April 2017.

 

10.

Fees and Charges 2017/18 pdf icon PDF 119 KB

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

Additional documents:

Minutes:

There had been circulated copies of a report by the Chief Financial Officer on the proposed level of Fees and Charges for 2017/18.  The report explained that for 2017/18 the fees and charges were based on approved 2016/17 charges plus an inflationary increase of at least 3% unless there was a business reason not to do so such as charges being set nationally or if the increase would have a negative effect on usage. A copy of the schedule of proposed 2017/18 fees and charges was contained in Appendix 1 to the report.    Any changes would not be implemented until 1 April 2017.  It was noted that charges were also benchmarked with other Councils.  In response to a question from Councillor Stewart, the Chief Financial Officer undertook to review the Langlee Recycling Centre charges but did note that costs were lower than those of private companies because the items such as building sand were recycled.

 

DECISION

AGREED to approve the fees and charges schedule detailed in Appendix 1 to the report with effect from 1 April 2017, subject to any amendments required following the review of the Langlee Recycling Centre charges.

 

11.

Treasury Management Mid-Year Report 2016/17 pdf icon PDF 119 KB

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

Additional documents:

Minutes:

There had been circulated copies of a report by the Chief Financial Officer presenting the mid-year report of treasury management activities for 2016/17, in line with the requirements of the CIPFA Code of Practice, including Prudential and Treasury Management Indicators, and seeking approval for the revised Prudential and Treasury Management indicators.  The report was required as part of the Council’s treasury management control regime.  It provided a mid-year report on the Council’s treasury activity during the six month period to 30 September 2016 and demonstrated that Treasury activity in the first six months of 2016/17 had been undertaken in full compliance with the approved Treasury Strategy and Policy for the year.  Appendix 1 to the report contained an analysis of the performance against the targets set in relation to Prudential and Treasury Management Indicators, and proposed approval of revised estimates of those indicators in light of the 2015/16 out-turn and experience in 2016/17 to date.  It was noted that a new indicator had been included to show the Ratio of Financing Costs to Net Revenue including PPP financing and repayment costs.

 

DECISION

AGREED:-

 

(a)     to note that treasury management activity in the six months to 30 September 2016 was carried out in compliance with the approved Treasury Management Strategy and Policy; and

 

(b)     the revised Prudential and Treasury Management indicators as detailed in Appendix 1 to the report.

 

12.

Great Tapestry of Scotland pdf icon PDF 234 KB

Consider report by Corporate Transformation and Services Director.  (Copy attached.)

Additional documents:

Minutes:

With reference to paragraph 17 of the Minute of 29 September 2016, there had been circulated copies of a report by the Corporate Transformation and Services Director providing an update on the Borders Railway Blueprint Project to establish a permanent home for the Great Tapestry of Scotland (GTS) in the Scottish Borders. The previously favoured location was at Tweedbank; however, the potential now existed to locate the GTS in Galashiels bringing significant benefits to the town. Following further work, a Borders Railway Blueprint led due diligence process, and approval of funding from the Scottish Government, it was now recommended that approval be given to locate the GTS in Galashiels and for the project to proceed on that basis.  The report detailed the work undertaken since September and the key conclusion of the due diligence process was that the Galashiels option had the potential to deliver a successful tourism and regeneration proposition in a way that the Tweedbank option did not. The Galashiels proposal provided the opportunity for additional education and community use that was not a feature of the Tweedbank proposal. Furthermore, the Galashiels site benefited from a significant degree of community support and was consistent with the Scottish Government’s “Town Centre First” principle in relation to place-making and regeneration.  The Group undertaking the due diligence process required that a further Supplementary Report (Annex 1 to the report) was prepared for consideration by the Blueprint Leadership Group. This supplementary Report underpinned the conclusion of the Due Diligence Group and drew together all the relevant information on which they based their decision. The Supplementary Report summarised the work since 1 September 2016, presented further Business Case Information for Galashiels and updated the comparison between Galashiels and Tweedbank.  The Blueprint Leadership Group had considered the conclusion of the Due Diligence Group and the Supplementary Report and agreed to recommend to the Cabinet Secretary for Culture, Tourism and External Affairs that the £2.5Million of Blueprint funds held by the Scottish Government be approved for release.  The Council was informed on 6 December 2016 that the Cabinet Secretary had approved the Galashiels proposal and release of the Scottish Government held Blueprint funding of £2.5m.  The Director advised that recommendation (b) in the report be reworded to read “Agree the Project would be delivered in a single phase, combining new build and the old post office within a £6.7M total project cost”.  Members discussed the proposal in detail with views being divided on whether the project should progress.

 

VOTE

Councillor Parker, seconded by Councillor White, moved approval of the recommendations in the report, as amended.

 

Councillor McAteer, seconded by Councillor Marshall, moved as an amendment that the recommendation in the report be replaced with “that the Council acknowledge the considerable work completed by staff, consultants and key stakeholders including the Scottish Government and the Great Tapestry of Scotland Trustees in striving to bring the Great Tapestry of Scotland to the Borders and most recently Galashiels as the preferred choice location.  However, the resultant severe  ...  view the full minutes text for item 12.

13.

South of Scotland Enterprise and Skills Review - Update pdf icon PDF 144 KB

Consider report by Corporate Transformation and Services Director.  (Copy attached.)

Additional documents:

Minutes:

With reference to paragraph 7 of the Executive Committee of 1 November 2016, there had been circulated copies of a report by the Corporate Transformation and Services Director providing an update on the outcome of Phase 1 of the Scottish Government’s Enterprise and Skills Review and seeking agreement for Council’s input to the Phase 2 report.  It also provided a linked update on the progress towards a City Region Deal.   The report explained that Phase 1 of the Scottish Government’s Enterprise and Skills Review had been completed.  The Phase 1 report highlighted the intention to create a new vehicle to meet the enterprise and skills needs of the South of Scotland.  This would be accountable to a new Scotland-wide statutory board alongside the other enterprise and skills bodies.  In order to guide the development of the new South of Scotland vehicle, Scottish Borders and Dumfries & Galloway Councils had developed a set of Guiding Principles.  These had been submitted to Scottish Government as part of the informal discussions that were ongoing with government officials.  Work to develop a response to Phase 2 of the Review was under way, with the Council working closely with Dumfries & Galloway Council and other key stakeholders.  The Executive member for Economic Development welcomed the report for regional decision making which could go some way to countering geographical failure due to remoteness/ rurality, and further commented on the opportunities this could provide for the Borders to develop and build community capacity and capability, along with a relentless focus on geography and place.

 

DECISION

AGREED:-

 

(a)     to note the positive outcome from Phase 1 of the Scottish Government Enterprise and Skills Review;

 

(b)     to note the strong collaboration on this issue between Scottish Borders and Dumfries & Galloway Councils;

 

(c)     the guiding principles which should underpin the establishment of the new enterprise and skills vehicle for the South of Scotland, as detailed in the report;

 

(d)     that the Chief Executive engage with Scottish Government, the South of Scotland Alliance, and other key partners in order to develop a detailed proposal for a South of Scotland enterprise and skills vehicle; and

 

(e)        that the Chief Executive present progress reports to Council as appropriate.

14.

Draft Supplementary Guidance and Draft Simplified Planning Zone Scheme, Central Borders Business Park, Tweedbank pdf icon PDF 111 KB

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

Additional documents:

Minutes:

There had been circulated copies of a report by the Service Director Regulatory Services seeking approval of Draft Supplementary Guidance (SG) and a Draft Simplified Planning Zone (SPZ) Scheme relating to the Central Borders Business Park at Tweedbank, a copy of which was appended to the report, to be used as a basis for public consultation.  The report explained that the purpose of the Supplementary Guidance was to provide a framework vision for the future development of the sites which were allocated within the Scottish Borders Local Development Plan 2016.  The purpose of the Simplified Planning Zone was to enable development to take place without the need for planning consent, provided the development complied with development parameters and conditions.  It would create an employment-led redevelopment, providing choice and quick delivery for businesses considering locating in this part of Scotland.  Members welcomed this innovative scheme which would, if successful, be a pilot for other areas.

 

DECISION

AGREED to:-

 

(a)     approve the Supplementary Guidance and Simplified Planning Zone Scheme as draft documents to be used as a basis for public consultation; and

 

(b)     receive a report back following the consultation for both the Draft Supplementary Guidance and Draft Simplified Planning Zone Scheme.

 

15.

Draft Supplementary Guidance: Renewable Energy pdf icon PDF 143 KB

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

Additional documents:

Minutes:

There had been circulated copies of a report by the Service Director Regulatory Services seeking approval of the draft Supplementary Guidance on Renewable Energy, a copy of which was appended to the report, as a basis for public consultation.  The report explained that the Scottish Borders Council Local Development Plan (LDP) was adopted on 12 May 2016.  As recommended by the Directorate for Planning and Environmental Appeals following the Examination of the LDP, the LDP required the Council to produce Supplementary Guidance (SG) on Renewable Energy.  A draft SG had now been produced that provided planning guidance on a wide range of renewable technologies.  Although wind energy was the main component part of the SG, reference was also given to a range of other types of renewable energy which were considered the most common and emerging types where useful guidance could be given.  It was proposed that the draft SG be approved for public consultation for a period of 12 weeks.  Following public consultation, a report would be brought back to a future meeting of the Scottish Borders Council to seek final agreement.  Once agreed the SG would be referred to Scottish Ministers and on approval it would become part of the Development Plan.  It was noted that presentations on the Draft SG would be made at each of the Area Forums.

 

DECISION

AGREED to:-

 

(a)     approve the Draft Supplementary Guidance: Renewable Energy and its appendices as a basis for public consultation;

 

(b)     note the Environmental Report; and

 

(c)     receive a further report following consultation for formal agreement of the Guidance.

 

16.

SESplan Finance Ratification pdf icon PDF 92 KB

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

Additional documents:

Minutes:

There had been circulated copies of a report by the Service Director Regulatory Services seeking ratification of SESplan budget proposals for 2017/18.  The report explained that the SESplan operating budget for 2017/18 was proposed to be set at £301,774, with each authority expected to contribute a maximum of £46,550.  It was noted that the SESplan Joint Committee had agreed the budget in principle subject to a further report being presented to the Joint Committee in March 2017 identifying possible opportunities for budget savings. 

 

DECISION

AGREED to:-

 

(a)     ratify the SESplan budget proposals for 2017/18; and

 

(b)     note the SESPlan Joint Committee’s intention to consider a further report in March 2017 identifying possible opportunities for budget savings.

 

17.

Additional Support Needs Provision in Earlston pdf icon PDF 152 KB

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

Additional documents:

Minutes:

With reference to paragraph 4 of the Minute of the Executive of 24 May 2016, there had been circulated copies of a report by the Service Director Children and Young People seeking approval following the completion of the public consultation process, of the proposal to formally establish the new Additional Support Needs Build in Earlston as a School and the formal discontinuation of the spectrum classes at Wilton Primary School and St Ronan’s Primary School.  The report explained that following the decision of the Executive Committee in May the statutory and non-statutory consultations had now been completed.  Through the non-statutory consultation fourteen suggestions were received for the name of the new Additional Support Needs School.  From these suggestions Officers created a short list of three possible school names namely Leader Valley School, Leaderbank School and South Croft School.  The short list of school names had been sent back out to the Consultees in order that they could vote by 14 December 2016 on which of these names should be adopted.  Members were advised that Leader Valley School was the preferred name and this would be formally reported back to the Executive Committee in January 2017 for their final approval. The remainder of the report dealt with the proposals that were subject to the statutory consultation process.  A consultation report, a copy of which was appended to the report, in respect of the proposals requiring Statutory Consultation had been prepared and published on 22 November 2016, advertised in the press and Consultees were written to and informed it had been published.  All interested parties had been given until 14 December 2016 to raise concerns or pose alternative solutions.  Members welcomed the report and the Depute Chief Executive People answered Members’ questions and confirmed that the school would be open to children from all areas within the Scottish Borders and that the school had a capacity for 50 children although it was anticipated that around 20 to 22 children would be in the building at any one time.  The Executive Member advised that there was room for further expansion on the site and urged all Members to visit.

 

DECISION

AGREED that:-

 

(a)     the new Additional Support Needs Build in Earlston be established as a School; and

 

(b)       the spectrum support classes at Wilton Primary School and St. Ronan’s Primary School be discontinued.

18.

Education Governance Review - Consultation Response pdf icon PDF 131 KB

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

Additional documents:

Minutes:

There had been circulated copies of a report by the Service Director Children and Young People on the proposed consultation response to the Scottish Government’s document ‘Empowering Teachers, Parents and Communities To Achieve Excellence and Equity in Education – A Governance Review’.  The report explained that in 2015 a Report entitled “Improving Schools in Scotland: An OECD Perspective” highlighted the many strengths in the Scottish education system.  It also highlighted some of the challenges facing schools in achieving the vision of excellence and equity for all children and young people.  In response to some of the recommendations in the report, the Scottish Government set out to seek the views from stakeholders on a range of matters.  The governance review sought views on how the multi-levels of governance, ie Scottish Government, local government, national agencies and other bodies, were leading and supporting the delivery of education. The review also asked how funding could be made fairer and how  teachers, support staff and school leaders could be best supported and empowered to improve the education and life chances of the children they educated and nurtured.  The proposed response was appended to the report and an amended response to questions 8 and 9 was tabled at the meeting.  Members welcomed the amended response and emphasised the need for collaboration.

 

DECISION

AGREEDthe consultation response from Scottish Borders Council regarding the Education Governance Review as detailed in Appendix 2 to the report and as amended at the meeting.

        

MEMBER

Councillor Aitchison left the meeting.

 

19.

Rhymers Tower Trust, Earlston pdf icon PDF 125 KB

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

Additional documents:

Minutes:

There had been circulated copies of a report by the Service Director Regulatory Services providing an update on the ownership of Rhymers Tower, Earlston, the actions required to re-establish the Rhymers Tower Trust, appointing new Trustees, and highlighting the land issues relating to the Tower.  The report explained that Rhymers Tower was disponed in favour of Rhymers Tower Trustees in 1966. The Trustees, and their successors in office, were Trustees ex officiis i.e. they were Trustees due to the position/offices they held at that time.  The Trust was resurrected in November 1994 by Ettrick and Lauderdale District Council in terms of Section 223 of the Local Government (Scotland) Act 1973, but it was not clear what had happened to the Trust since the late 1990s.  It would appear that currently no Trustees had been appointed.  The deed transferring the Tower to the Trustees stated that access to the Tower was via the Turnpike Road. This access route appeared to have been built over with no action taken at the time by the Trustees.  It also appeared that part of the land had been incorporated into the garden ground, with fish pond, of the neighbouring Café/Restaurant.  It was therefore proposed that, in order to ensure that the Tower remained in the ownership of the Trust and was able to be managed by the Trust, Scottish Borders Council now appoint the three local ward members as Trustees, ex officio.  Members supported this way forward.  Councillor Parker advised that members of “The Friends of Thomas the Rhymer” would also be appointed to the Trust to ensure the future maintenance of the Tower.

 

DECISION

AGREED to:-

 

(a)     to revive the Trust by appointing local Ward members from Leaderdale and Melrose in terms of the Trust provisions, as new Trustees;

 

(b)     note that once the Trust had been revived the Trustees could appoint others as Trustees and were perhaps likely to do so; and

 

(c)     note that the Trustees may wish to address the land and access issues identified within the Report.

 

MEMBERS

Councillors Ballantyne and Mountford left the meeting during consideration of the above item.

 

20.

A7 Action Group Membership

Consider appointment of Member following resignation of Councillor Marshall. 

Minutes:

It was noted that Councillor Marshall had resigned from the A7 Action Group.  Councillor Parker, seconded by Councillor Smith, moved that Councillor Paterson be appointed and this was unanimously agreed.

 

DECISION

AGREED that Councillor Paterson be appointed to the A7 Action Group.

 

21.

Draft Calendar of Meetings 2017/18 pdf icon PDF 298 KB

Consider draft Calendar of Meetings for 2017/18.  (Copy attached.)

Additional documents:

Minutes:

There had been circulated copies of the draft Calendar of Meetings for the period August 2017 to July 2018.

 

DECISION

AGREED to approve the Calendar of Meetings as contained in Appendix II to this Minute.

 

22.

Private Business

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.”

Minutes:

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 III 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

 

23.

Minute

Consider private Section of Minute of Scottish Borders Council held on 10 November 2016.  (Copy attached.)

Minutes:

The private section of the Council Minute of 10 November 2016 was approved.

24.

Committee Minutes

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

 

(a)     LLP Strategic Governance Group                     8 November 2016

(b)     Hawick Common Good Fund                            15 November 2016

(c)     Civic Government Licensing                              18 November 2016

(d)     Selkirk Common Good Fund                             29 November 2016

 

(Please see separate Supplement containing private Committee Minutes.)

Minutes:

The private sections of the Committee Minutes as detailed in paragraph 4 of this Minute were approved.

25.

Hawick Action Plan

Consider report by Corporate Transformation and Services Director.  (Copy attached.)

Minutes:

Members approved a report by the Corporate Transformation and Services Director to progress the work on the Hawick Action Plan.

26.

Land at Wyndhead Farm, Lauder

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

Minutes:

Members approved a report by the Depute Chief Executive People on the disposal of land at Wyndhead Farm, Lauder.

 

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