Agenda and minutes

The Convener presented Sanna Aziz and Tanya Thomson with a trophy to mark the completion of their time as Members of the Scottish Youth Parliament, thanked them for their service, and wished them well for the future.

DECISION

AGREED to endorse the comments of the Convener.

Consider Minute of Scottish Borders Council held on 28 June 2018 for approval and signing by the Convener.  (Copy attached.)

The Minute of the Meeting held on 28 June 2018 was considered. 

DECISION

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

Consider Minutes of the following Committees:-

(a)     Berwickshire Area Partnership                          7 June 2018

(b)     Pension Fund Committee                                  14 June 2018

(c)     Pension Fund Board                                           14 June 2018

(d)     Community Planning Strategic Board               14 June 2018

(e)     Executive                                                           19 June 2018

(f)      Lauder Common Good Fund                             19 June 2018

(g)     Civic Government Licensing                              22 June 2018

(i)      Planning & Building Standards                           25 June 2018

(j)      Audit & Scrutiny                                                 26 June 2018

(k)     Peebles Common Good Fund                           30 June 2018

(l)      Local Review Body                                            16 July 2018

(m)    Planning & Building Standards                           16 July 2018

(n)     Civic Government Licensing                              20 July 2018

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

The Minutes of the following Committees had been circulated:-

Berwickshire Area Partnership                                    7 June 2018

Pension Fund Committee                                            14 June 2018

Pension Fund Board                                                    14 June 2018

Community Planning Strategic Board                         14 June 2018

Executive                                                                     19 June 2018

Lauder Common Good Fund                                      19 June 2018

Civic Government Licensing                                       22 June 2018

Planning & Building Standards                                    25 June 2018

Audit & Scrutiny                                                           26 June 2018

Peebles Common Good Fund                                     30 June 2018

Local Review Body                                                      16 July 2018

Planning & Building Standards                                    16 July 2018

Civic Government Licensing                                       20 July 2018

DECISION

APPROVED the Minutes listed above

Consider the recommendations made by the Peebles Common Good Fund Sub-Committee on 30 July 2018.  (Copy attached.)

With reference to paragraph 2 of the Minute of the Peebles Common Good Fund Sub-Committee 0f 30 July 2018, it was recommended that Council approve a loan of up to £20,000 to the Eastgate Theatre for developments to the theatre.  However, it was reported that the Eastgate Theatre had subsequently achieved their project funding requirements and would not be taking up the offer of the loan.

DECISION

NOTED.

The questions submitted by Councillors McAteer, Marshall, S. Scott, Ramage, H. Anderson, Bell and Moffat were answered.

DECISION

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

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

There had been circulated copies of a report by the Service Director Regulatory Services seeking approval of the Local Development Plan Main Issues Report as a basis for public consultation.  The report explained that the Main Issues Report (MIR) was a forerunner to the review of the forthcoming new Local Development Plan (LDP2) which would replace the existing adopted LDP 2016.  In essence the MIR sought public views on a range of key material considerations which LDP2 must address including the economy, housing, sustainability, regeneration and policy.  It raised a series of questions under eight areas for consideration and where possible suggested preferred and alternative approaches for addressing identified issues.  As part of the MIR consultation a series of presentations and workshops would be held in venues across the Scottish Borders.  Responses from the MIR consultation would be reported back to the Council and taken forward for consideration in the preparation of LDP2.  Members welcomed the report and encouraged everyone to get involved.  The Service Director answered Members questions and agreed to consult with Scotland’s Rural College with regard to recent research they had carried out on sustainable land use and the implications of Brexit.   He also agreed that transport links needed to be considered and that developer contributions would be examined.  He undertook to provide details of the presentations and workshops to Members so that they could encourage attendance.

DECISION

AGREED to:-

(a)     approve the Main Issues Report of the Scottish Borders Local Development Plan, as set out in Appendix A to the report, as a basis for public consultation;

(b)     note the summary of officer conclusions, as set out in Appendix B to the report, as to the suitability or not of all sites submitted for inclusion within the MIR;

(c)     note the Environmental Report, a hard copy of which has been placed within the members’ library;

(d)     to consult on the Main Issues Report and the Environmental Report for a period of 12 weeks;

(e)     delegate any non-policy editorial changes to the Main Issues Report and the Environmental Report to the Service Director of Regulatory Services; and

(f)      the responses to the MIR being reported back to the Council.

Consider report by Executive Director.  (Copy attached.)

With reference to paragraph 8 of the Executive Minute of 17 April 2018, there had been circulated copies of a report by the Executive Director, Mr R. Dickson, setting out progress since April 2018 in developing a Borderlands Inclusive Growth Deal proposition; and seeking agreement to the establishment of a Members Reference Group to support the on-going development of the Deal.  The report explained that alongside four partner Councils, the Council had been progressing work on the development of a Borderlands Inclusive Growth Deal proposition.  This work had involved close liaison with both UK and Scottish Governments in order to develop a small number of strategic programmes and projects.  It would be essential that these programmes and projects complimented the South of Scotland Enterprise Agency proposals and supported the inclusive growth agenda.   The aim was to formally submit a Deal overview document and associated strategic outline business cases to the UK and Scottish Governments at the end of September 2018.  Based on knowledge gained from the Edinburgh and South East Scotland City Region Deal process, another key step for the Council to take is the establishment of a Member Reference Group.  This advisory group would support the development of the Borderlands Inclusive Growth Deal by ensuring ongoing political oversight of the development of the Borderlands Inclusive Growth Deal proposition and the Deal process.  It was proposed that the membership of this group should be those already serving on the South of Scotland Alliance.  Councillor McAteer proposed the addition of a member from either one of the Hawick or Jedburgh Wards to the group.

VOTE

Councillor Rowley, seconded by Councillor Edgar, moved approval of the recommendations as contained in the report.

Councillor McAteer, seconded by Councillor H. Scott, moved as an amendment that at recommendation (c) a member from either one of the Hawick or Jedburgh Wards be added to the membership of the group.

On a show of hands Members voted as follows:-

Motion             -           19 votes

Amendment     -           7 votes

         The Motion was accordingly carried.

DECISION

DECIDED:-

(a)     to note the positive progress made in developing a Borderlands Inclusive Growth Deal proposition;

(b)    to establish a Members Reference Group to support the on-going development of the Deal proposition;

(c)     that the Members Reference Group should be those Elected Members nominated by Council to the South of Scotland Alliance; and

(d)    that a report setting out the details of the proposed Borderlands Inclusive Growth Deal submission would be presented to the Council at its meeting on 25 September 2018.

Consider report by Chief Executive.  (Copy attached.)

There had been circulated copies of a report by the Chief Executive presenting a revised Performance Management Framework (PFMT) to support the delivery of Scottish Borders Council’s Corporate Plan 2018 -2023.  It built on the progress achieved under the previous PMF and placed emphasis on changing the culture in relation to performance management and on developing and improving SBC’s current performance reporting.  The Council had approved its existing PMF in 2013 which was structured around the eight Corporate Priorities set out in the SBC Corporate Plan (2013-2018).  The new PMF, contained in Appendix 1 to the report, proposed that reporting was aligned to the four Corporate themes set out in the new SBC Corporate Plan (2018-2023), approved by Council in February 2018.  The report also contained summary of the key proposals within the PMF relating to a strengthened culture within the Council around the use of performance management to drive and support continuous improvement in order to optimise and demonstrate that the Council was achieving “best value” for tax-payers.  Consideration of the best way to report performance was to be undertaken.

DECISION

AGREED to approve the Performance Management Framework as described in Appendix 1 to the report.

Consider report by Chief Officer Audit and Risk.  (Copy attached.)

There had been circulated copies of a report by the Chief Officer Audit and Risk seeking approval to appoint a Selection Committee for the purpose of interviewing, selecting and appointing persons for the positions of external member of the Audit and Scrutiny Committee (Audit business only) and external member to the Scottish Borders Health and Social Care Integration Joint Board (IJB) Audit Committee, the latter subject to the IJB’s formal approval.  The report explained that Scottish Borders Council had had at least two external members on its Audit Committee since 2002 to improve independence and objectivity and to ensure that the Committee’s role in the scrutiny process would be robust as a key part of the Council’s governance and in line with best practice.  The appointment of the existing external members of the Audit and Scrutiny Committee would end on 31 October 2018. The one existing external member had indicated his interest in being re-appointed and a formal recruitment process for the remaining vacancy would commence soon.  Furthermore, the (IJB) was looking to appoint an external member to its Audit Committee for the first time to enhance its performance in line with best practice, and it was proposed to utilise the same recruitment process.  Approval was sought for the appointment of a Selection Committee for the purpose of interviewing, selecting and appointing persons as external member of the Audit and Scrutiny Committee (Audit business only) and as external member of the IJB Audit Committee, noting that the latter would require ratification by the IJB as part of its business.

DECISION

AGREED to appoint a Selection Committee, comprising the Chairman of the Audit and Scrutiny Committee, the Convener, the Executive Member for Finance and the Chairman of IJB Audit Committee, for the purpose of interviewing, selecting and appointing persons as an external member of the Audit and Scrutiny Committee (Audit business only) and an external member of the IJB Audit Committee, noting that the latter would require ratification by the IJB as part of its business.

Consider Motion by Councillor Brown in the following terms:-

“The Scottish Government has an allocated budget to fund projects in high visitor areas to improve facilities for tourists.  It is proposed that Scottish Borders Council take advantage of these funding opportunities and submit an application with the goal of improving and expanding public toilet provision in key tourist areas across the Scottish Borders.”

Councillor Brown, seconded by Councillor Laing, moved the following motion as detailed on the agenda:-

“The Scottish Government has an allocated budget to fund projects in high visitor areas to improve facilities for tourists.  It is proposed that Scottish Borders Council take advantage of these funding opportunities and submit an application with the goal of improving and expanding public toilet provision in key tourist areas across the Scottish Borders.”

Councillors Brown and Laing spoke in support of the Motion.  Members discussed the Motion and Councillor Aitchison, seconded by Councillor Rowley, moved the following amendment:-

“The Scottish Government allocated a budget in 2017 to fund projects in rural high visitor areas to improve facilities for tourists.  Officers of Scottish Borders Council should investigate the possibility of submitting an application with a goal of improving public toilet and other tourism infrastructure provision in key tourist areas.”

The meeting was adjourned for 15 minutes to allow Members to consider the amendment.  When the meeting reconvened, Councillor Brown agreed to accept this amended Motion which was unanimously approved.

DECISION

AGREED the following:-

“The Scottish Government allocated a budget in 2017 to fund projects in rural high visitor areas to improve facilities for tourists.  Officers of Scottish Borders Council should investigate the possibility of submitting an application with a goal of improving public toilet and other tourism infrastructure provision in key tourist areas.”

Consider appointment of replacement for Councillor Laing on the Health and Social Care Integrated Joint Board.

It was noted that Councillor Laing no longer wished to be a Member of the Health and Social Care Integrated Joint Board.  Councillor Bell, seconded by Councillor Weatherston, nominated Councillor Thornton-Nicol and this was unanimously accepted.

DECISION

AGREED that Councillor Thornton-Nicol be appointed to the Health and Social Care Integrated Joint Board.

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

Following the resignation of Councillors McAteer and Marshall from the Council’s Administration a number of appointments required to be made.  Councillor Haslam, seconded by Councillor Aitchison, proposed the following:-

·      That Councillor Turnbull replace Councillor McAteer as Executive Member for Community Safety ;

·      That as Executive Member for Community Safety, Cllr Turnbull be appointed as a member of the Police, Fire & Rescue, & Safer Communities Board, and the COSLA Community Wellbeing Board;

·      That Councillor Turnbull replace Cllr McAteer as the Chairman of the Police, Fire & Rescue, & Safer Communities Board;

·      Given that Councillor Turnbull was already a member of the Police, Fire & Rescue, & Safer Communities Board, that Councillor Richards be appointed as a member of the Board;

·      That Councillors Turnbull and Richards replace Councillors McAteer and Marshall as members of the Police CAT Oversight Group, with Councillor Turnbull as Chairman in his capacity as Executive Member for Community Safety;

·      That Councillor C. Hamilton replace Cllr Marshall as a member of the Standards Committee; and

·      That Councillor Richards replace Cllr Marshall as Chairman of the Teviot & Liddesdale Area Partnership;

·      That subject to the appointment of Councillor Turnbull above being agreed, that Councillor Tatler be appointed as the Executive Member for Finance ; and

·      That Councillor S. Scott replace Councillor Tatler as a member of Audit & Scrutiny Committee.

The above appointments were accepted with the exception of the Chairman of the Teviot and Liddesdale Area Partnership.  Councillor H. Scott, seconded by Councillor McAteer, moved that Councillor Marshall retain this appointment.  In terms of Standing Order 43(b) the vote was taken by secret ballot the result of which was as follows:-

Councillor Richards    -           19 votes

Councillor Marshall     -           14 votes

Councillor Richards was accordingly appointed

DECISION

DECIDED to approve the appointments as listed 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 28 June 2018.  (Copy attached.)

The private section of the Council Minute of 28 June 2018 was approved. 

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

Executive                                                           19 June 2018

Civic Government Licensing                              22 June 2018

Civic Government Licensing                              20 July 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.

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

With regard to the policy for the submission of open questions it was agreed to amend the deadline for the submission of Open Questions for Council from the second to the fourth working day prior to the Council meeting for a trial period of 3 months.