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 congratulated the following:-

 

(a)     Mhairi Sinclair and Helen Whalley, Peebles High School who won the 2017/18 Donald Dewar Memorial Debating Tournament.  Helen was present at the meeting and was represented with the trophy; and

 

(b)     the Borderers who had received honours in the Queen’s Birthday Honours list:-

                   Sylvia Fleming, MBE

                   Kim McCutcheon, MBE

                   Ron Wilson, MBE

                   Andrew Ainslie, BEM

                   Doreen Calder, BEM

                   Eilean Hogarth, BEM

                   David Rout, QFSM

                                                             

DECISION

AGREED that congratulations be passed to those concerned.

 

2.

Order of Business.

Minutes:

The Convener varied the order of business as shown on the agenda and the Minute reflects the order in which the items were considered at the meeting.

 

3.

Minute pdf icon PDF 158 KB

Consider Minute of Scottish Borders Council held on 31 May 2018 for approval and signing by the Convener.  (Copy attached.)

 

Minutes:

The Minute of the Meeting held on 31 May 2018 was considered. 

 

DECISION

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

 

4.

Committee Minutes pdf icon PDF 24 KB

Consider Minutes of the following Committees:-

 

(a)     Eildon Area Partnership                                     10 May 2018

(b)     Audit & Scrutiny                                                 14 May 2018

(c)     Hawick Common Good Fund                            15 May 2018

(d)     Local Review Body                                            21 May 2018

(e)     Tweeddale Area Partnership                              23 May 2018

(f)      Civic Government Licensing                              25 May 2018

(g)     Hawick Common Good Fund                            25 May 2018

(h)     Planning & Building Standards                           4 June 2018

(i)      Executive                                                           5 June 2018

(j)      Kelso Common Good Fund                               6 June 2018

(k)     Jedburgh Common Good Fund                         6 June 2018

(l)      Audit & Scrutiny                                                 7 June 2018

(m)    Selkirk Common Good Fund                             13 June 2018

(n)     Local Review Body                                            18 June 2018

 

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

 

Additional documents:

Minutes:

The Minutes of the following Committees had been circulated:-

 

Eildon Area Partnership                                               10 May 2018

Audit & Scrutiny                                                           14 May 2018

Hawick Common Good Fund                                     15 May 2018

Local Review Body                                                      21 May 2018

Tweeddale Area Partnership                                       23 May 2018

Civic Government Licensing                                       25 May 2018

Hawick Common Good Fund                                     25 May 2018

Planning & Building Standards                                    4 June 2018

Executive                                                                     5 June 2018

Kelso Common Good Fund                                         6 June 2018

Jedburgh Common Good Fund                                  6 June 2018

Audit & Scrutiny                                                           7 June 2018

Selkirk Common Good Fund                                      13 June 2018

Local Review Body                                                      18 June 2018

 

DECISION

APPROVED the Minutes listed above subject to paragraph 5 below.

 

5.

Committee Minute Recommendations pdf icon PDF 65 KB

Consider the recommendations made by the following Committees:-

 

Audit & Scrutiny – 14 May 2018

Jedburgh Common Good Fund – 6 June 2018

 

(Copy attached.)

Minutes:

5.1    Audit & Scrutiny Committee

         With reference to paragraphs 6, 7 and 9 of the Minute of 14 May 2018, there had been circulated copies of recommendations made with regard to Risk Management, Counter Fraud and Corporate Governance.

 

         DECISION

         AGREED to approve the following documents as recommended by the Audit and Scrutiny Committee:-

 

         (a)      the revised Risk Management Policy Statement and Strategy for 2018;

 

         (b)     the revised Counter Fraud Policy Statement and Strategy for 2018; and

 

         (c)      the revised Local Code of Corporate Governance.

 

5.2    Jedburgh Common Good Fund

With reference to paragraph 2 of the Minute of 6 June 2018, there had been circulated copies of a recommendation to award the sum of £30,000 to the Jedburgh Leisure Facilities Trust towards a major development.

 

DECISION

AGREED to approve:-

 

(a)     in principle, that an award in the sum of £30,000 be made to the Jedburgh Leisure Facilities Trust towards a £325,000 major development as detailed above;

 

(b)     that at the point of payment of the grant, an assessment of cash levels held by Jedburgh Common Good Fund be undertaken as it was possible that a level of disinvestment from the Kames Capital fund may be required to fund the full payment;  

 

(c)     that prior to the release of the funding, the applicant confirm that all other funding detailed in the application had been received; and

 

(d)     that the funding only be released on receipt of confirmation of total costings.

 

6.

Public Conveniences Phase 2 - Future Options for Provision pdf icon PDF 314 KB

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

Minutes:

With reference to paragraph 10 of the Minute of 9 February 2017, there had been circulated copies of a report by the Service Director Assets and Infrastructure providing an update on progress in relation to the implementation of charging for access to 27 public conveniences across the Scottish Borders, providing feedback on the community response to the potential development of Comfort Schemes and Community Partnerships for public conveniences, and recommending future options for public conveniences provision.  The report listed the current facilities and that an income of £268k had been assumed when charging had been introduced.  However, income of only £89k had been realised and it had therefore not been possible to fund the comfort schemes and partnerships as previously planned.  As a consequence of the shortfall in achieving the previously estimated income from the introduction of charging, a revised strategic approach for public conveniences was required and five options had been considered during the appraisal by officers.  It was considered that option 5 was the best way forward.  This option was to appoint a 3rd party to undertake the management of the network and delivery of public toilet facilities.  Early soft market testing discussions had highlighted the scope to undertake a holistic appraisal of the network, seeking to ensure efficiencies were made whilst facilities were retained and closures avoided wherever possible. Members agreed that action was required but some expressed concern regarding the involvement of a 3rd party.  It was noted that there would be a further report to Council before any final decision was made on outsourcing of the service.

 

DECISION

AGREED to:-

 

(a)       note the findings of the report;

 

(b)       the development of Option 5 as detailed in the report;

 

(c)       undertake a formal procurement exercise to identify a 3rd party partner to undertake the  Design, Operation and Management of the public toilet network aimed at maximising efficiencies whilst sustaining facilities for a fixed annual fee; and

 

(d)       a further report to Council on the findings of the procurement exercise.

 

7.

Integrated Strategic Plan for Older People's Housing, Care & Support 2018-2028 pdf icon PDF 126 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 Integrated Strategic Plan for Older People’s Housing, Care and Support 2018-2028 for implementation.  This 10 year strategy was developed in response to a strategic action in the Council’s Local Housing Strategy (LHS) 2017-2022 which was approved by Members in September 2017 and subsequently submitted to the Scottish Government.  The Strategy and action plan, which was appended to the report, covered the period from 2018-2028 and was predicated on an approximately £130m investment through a combination of investing in housing, technology and service delivery capacity.  It built on the commitments already made by partners and proposed new build activity, supplementing the existing mix of private and public residential provision across Scottish Borders.  It also involved the remodelling, refurbishment and adaptation of existing housing, a strengthened approach to telecare and the implementation of proposed service reforms to ensure that the breadth of independent living benefits could be grasped across all Borders localities.  Members welcomed the report.  In response to a concern about a retirement campus, Members were assured that a detailed feasibility study would be undertaken before any decision was made.  It was noted that more provision for those with dementia was needed.

 

DECISION

AGREED to:-

 

(a)     approve the implementation of the Integrated Strategic Plan for Older People’s Housing, Care and Support;

 

(b)     note that Officers would bring back proposals relating to those actions identified as potentially having resource implications as part of future revenue and capital budget processes; and

 

(c)     refer the report to the Integration Joint Board for its information.

 

8.

Edinburgh and South East Scotland City Region Deal

Consider reports by Executive Director on:-

8a

Outline Business Case for Central Borders Innovation Park pdf icon PDF 144 KB

Additional documents:

Minutes:

With reference to paragraph 15 of Appendix II to the Minute of 31 May 2018, there had been circulated copies of a report by the Executive Director, Mr R. Dickson, on progress with the Outline Business Case for the Central Borders Innovation Park at Tweedbank, which was required to secure funding from the Edinburgh and South East Scotland City Region Deal. The report explained that within the City Region Deal programme a “core” of the Central Borders Innovation Park would be created, providing an opportunity to set the tone and standard of future development in the area.  An Outline Business Case had been prepared as part of the decision making requirements of the Scottish Government and a copy was appended to the report.  The programme of work described in the Outline Business Case would deliver commitments made within the Borders Railway Blueprint. The Outline Business Case was part of a continuous set of approval milestones for the project.  A Full Business Case for the first phase of the project would be developed later in the year with a subsequent report to be brought to Council.  Full Business Cases would also be required for further phases of the project.  It was noted that this was the opportunity to use the railway to fulfil its potential to bring people to jobs.

 

DECISION

AGREED to:-

(a)     submit to the Scottish Government the Outline Business Case, set out in Appendix 2 to the report, as the next stage of approval for Scottish Borders Council drawing down funding of £15 million for the Central Borders Innovation Park from the Edinburgh and South East Scotland City Region Deal;

 

(b)    the drawdown of Scottish Government funding on a variable basis over 15 years as the best value-for-money outcome to Scottish Borders Council; and

 

(c)     note that the necessary full business cases would be prepared for each phase of the Central Borders Innovation Park project and would be presented to Council as appropriate.

 

8b

Final City Deal Documentation pdf icon PDF 128 KB

(Copies attached.)

Additional documents:

Minutes:

With reference to paragraph 15 of Appendix II to the Minute of 31 May 2018, there had been circulated copies of a report by the Executive Director, Mr R. Dickson, on the progress of the Edinburgh and South East Scotland City Region Deal and seeking authority to approve the Deal documentation.  The report explained that following the signing of the Heads of Terms for the City Region Deal in July 2017, regional partners, Scottish Government and UK Government had agreed a Deal document which described the Deal in more detail and demonstrated how projects and programmes would be implemented and governed.  The Deal Document comprised four chapters: context and narrative on the Deal’s ambitions to secure inclusive growth; a summary of the programmes and projects; a governance framework for implementation and monitoring the Deal, as agreed by Council on 31 May 2018; and a financial agreement, which demonstrated the City of Edinburgh Council’s role as the financial accountable body to distribute funds from Government to relevant regional partners.  Appendices 1 and 2 to the report contained the Deal documentation. Appendix 3 was a copy of the existing Heads of Terms of Agreement signed in July 2017.

 

DECISION

AGREED to:-

 

(a)     approve the Deal documentation, as set out in Appendices 1, and 2 to the report, including the summary of projects and the governance framework for delivery, to allow the Deal to be signed by regional partners, Scottish Government and UK Government; and

 

(b)     the role of City of Edinburgh Council as the accountable body for the City Region Deal.

 

9.

Proposals for Localities Bid Fund Pilot - Round 2 pdf icon PDF 152 KB

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

Additional documents:

Minutes:

10.1  With reference to paragraph 5 of the Minute of 28 September 2017, there had been circulated copies of a report by the Service Director Customer and Communities setting out proposals with regard to the second round of the Localities Bid Fund Pilot.  The report explained that it had already been agreed at Council that full evaluation would be conducted at the end of the pilot, but interim feedback from Area Partnerships, social media and Project Leads had been captured.  A public survey was also undertaken at the end of the first round in order to assist the development of these proposals.  181 responses were returned and the results were summarised in Appendix A to the report.  Draft proposals had also been discussed with Elected Members over the previous few weeks and the outcome of these discussions were reflected in the proposal detailed in Appendix B to the report.  The main changes with regards to the voting process and criteria were:

 

·  Pre-registration would be required

·  A mandatory cast of votes to encourage spread voting

·  Only Borders residents (16yrs plus) could vote

·  The removal of ballot papers and ballot boxes out in the community with paper voting only taking place at planned voting events.

 

10.2   It was proposed that each Area Partnership would have the discretion to decide whether the funding for each Area Locality Bid Fund was to be allocated in a particular way (e.g. urban/rural split); if any themes were being applied to a particular release of funding; if there was to be any cap on the amount of grant for any project and whether a cash contribution would be required.  Officers would be able to provide guidance to Members at Area Partnership meetings on any potential consequences of any proposed allocations, caps, etc.  The total allocation to this initial pilot was £500k.  £208k was put forward for the 1st round with £204k awarded to community projects by the public. It was agreed that the balance of £296k could be carried forward to 2018 to fund the 2nd round.  The breakdown of the fund and the financial alignment to the draft proposal was detailed in Appendix B to the report.  The Scheme of Administration would need to be amended to amend the remit of Area Partnerships to allow decision making regarding the operation of the fund. Following discussion regarding the membership of the Bid Assessment Panel the Convener adjourned the meeting for a short time to allow Members to consider how this could be best amended.  Councillor H. Anderson proposed that an additional recommendation (b) (iii) be added to read “that membership of the assessment panel be proposed by each area partnership, up to a maximum of 2 members per locality, with a view to improving gender balance; the membership of the assessment panel to be 10 plus the Executive Member for Neighbourhoods & Locality Services; and with a quorum of 6”.  This amendment was unanimously accepted.

 

                   DECISION

                      (a)     NOTED:-

 

                   (i)      the findings of the public survey  ...  view the full minutes text for item 9.

10.

Early Retirement and Voluntary Severance pdf icon PDF 105 KB

Consider report by Service Director HR.  (Copy to follow.)

Minutes:

There had been circulated copies of a report by the Chief Executive seeking approval for 1 member of staff who had requested early retirement and voluntary severance.  If the application was approved, a total one-off cost of £34,942would be incurred.  In total, £12,474of direct recurring employee cost savings would be delivered each year.  The average payback period was 2.8 years. 

 

DECISION

AGREED to approve the application as detailed in the report with the associated costs being met from the voluntary severance/early retirement budget for 2017/18.

 

 

11.

Motion by Councillor Bell

Consider Motion by Councillor Bell in the following terms:-

 

“Scottish Borders Council amends the current Scheme of Administration to restore 3 Opposition positions to the membership of the Executive Committee.”

 

Minutes:

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

 

“Scottish Borders Council amends the current Scheme of Administration to restore 3 Opposition positions to the membership of the Executive Committee.”

 

Councillor Bell spoke in support of his Motion.  Councillor Haslam spoke against the Motion and moved the following amendment which was seconded by Councillor Mountford:-

 

“That a review of the Scheme of Administration and Standing Orders should be undertaken with officers commencing the process over the next six months to carry out research and gather information for the review in the first quarter of 2019 - officers should commence discussion about how best to carry out the review by calling a meeting of the Political Sounding Board, which should be charged with undertaking a review which could come back to Council.”

 

Councillor Chapman proposed an amendment to Councillor Bell’s Motion in the following terms and this was seconded by Councillor Robson:-

 

Scottish Borders Council agrees to the principle of 3 opposition position members being on the Executive Committee, which will be included in the revision of the Scheme of Administration which will come to October full Council.”

 

Members discussed the pros and cons of the proposals.  Councillor Bell accepted Councillor Chapman’s amendment to his Motion prior to the vote.

 

VOTE

Amended Motion by Councillor Bell -13 votes

Amendment by Councillor Haslam  -  15 votes

 

The Amendment was accordingly carried.

 

DECISION

DECIDED that a review of the scheme of Admin and Standing Orders should be undertaken with officers commencing the process over the next six months to carry out research and gather information for the review in the first quarter of 2019 - officers should commence discussion about how best to carry out the review by calling a meeting of the Political Sounding Board, which should be charged with undertaking a review which could come back to Council.

 

MEMBER

Councillor Marshall left the meeting.

 

12.

Open Questions pdf icon PDF 90 KB

Minutes:

The questions submitted by Councillors Robson, Brown, Paterson, S. Scott, Drum, Bell, H. Anderson and Councillor Chapman were answered. 

 

DECISION

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

 

MEMBERS

Councillors Fullarton and Miers left during the above item of business.

 

13.

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 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

 

14.

Minute

Consider private Section of Minute of Scottish Borders Council held on 31 May 2018.  (Copy attached.)

Minutes:

The private section of the Council Minute of 31 May 2018 was approved. 

15.

Committee Minutes

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

 

(a)     Hawick Common Good Fund                            15 May 2018

(b)     Civic Government Licensing                              25 May 2018

(c)     Hawick Common Good Fund                            25 May 2018

(d)     Executive                                                           5 June 2018

(e)     Audit & Scrutiny                                                 7 June 2018

(f)      Selkirk Common Good Fund                             13 June 2018

 

(Please see separate Supplement containing private Committee Minutes.)

Minutes:

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

 

 

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