Agenda and minutes

Councillor Brown advised Members that Councillor Garvie was recovering well.

DECISION

NOTED.

Consider Minutes of Meetings of Scottish Borders Council held on:-

18 December 2014                                                           Pages 1-10

29 January 2015                                                               Pages 11-12

The Minutes of the Meetings held on 18 December 2014 and 29 January 2015 were considered. 

DECISION

AGREED that the Minutes be approved and signed by the Vice Convener.

Consider Minutes of the following Committees:-

(a)   Selkirk Common Good Fund        2 December 2014    Pages 13-15

(b)   Peebles Common Good Fund      3 December 2014    Pages 17-19

(c)   Tweeddale Area Forum                3 December 2014    Pages 21-26

(d)   Planning & Building Standards      8 December 2014    Pages 27-36

(e)   Health & Social Care Integration

        Shadow Board                              8 December 2014    Pages 37-41

(f)    Executive                                      9 December 2014    Pages 43-48

(g)   Pension Fund                                11 December 2014  Pages 49-53

(h)   Petitions                                         11 December 2014  Pages 55-67

(i)     Standards                                      12 December 2014  Pages 69-70

(j)     Teviot & Liddesdale Area Forum  16 December 2014  Pages 71-74

(k)   Tweeddale Area Forum                18 December 2014  Page   75

(l)     Galashiels Common Good Fund  19 December 2014  Pages 77-78

(m)  Planning & Building Standards      12 January 2015      Pages 79-81

(n)   Audit & Risk                                  19 January 2015      Pages 83-91

(o)   Executive (Education)                  20 January 2015      Pages 93-98

(p)   Teviot & Liddesdale Area Forum  20 January 2015      Pages 99-102

(q)   Local Review Body                       26 January 2015      Pages 103-114

(r)    Pension Fund                                29 January 2015      Pages 115-116

(s)    Scrutiny                                         29 January 2015      Pages 117-121

(t)    Planning & Building Standards      2 February 2015      Pages 123-132

(u)   Executive (Economic Dev)          3 February 2015      Pages 133-137

The Minutes of the following Committees had been circulated:-

Selkirk Common Good Fund                                      2 December 2014     

Peebles Common Good Fund                                     3 December 2014     

Tweeddale Area Forum                                               3 December 2014     

Planning & Building Standards                                    8 December 2014     

Health & Social Care Integration Shadow Board        8 December 2014     

Executive                                                                     9 December 2014     

Pension Fund                                                               11 December 2014   

Petitions                                                                       11 December 2014   

Standards                                                                     12 December 2014   

Teviot & Liddesdale Area Forum                                 16 December 2014   

Tweeddale Area Forum                                               18 December 2014   

Galashiels Common Good Fund                                 19 December 2014   

Planning & Building Standards                                    12 January 2015       

Audit & Risk                                                                 19 January 2015       

Executive (Education)                                                 20 January 2015       

Teviot & Liddesdale Area Forum                                 20 January 2015       

Local Review Body                                                      26 January 2015       

Pension Fund                                                               29 January 2015       

Scrutiny                                                                        29 January 2015

Planning & Building Standards                                    2 February 2015       

Executive (Economic Development)                          3 February 2015       

DECISION

APPROVED the Minutes listed above subject to paragraphs 4-6 below.

GALASHIELS COMMON GOOD FUND SUB-COMMITTEE

With reference to paragraphs 1-5 of the Minute of the Galashiels Common Good Fund Sub-Committee of 19 December 2014, it was recommended that Council approve the recording of identified assets as assets of the Galashiels Common Good Fund and that the Chief Financial Officer be instructed to amend the Asset Registers accordingly.

DECISION

AGREED to approve the recommendation as detailed above.

AUDIT AND RISK COMMITTEE

With reference to paragraphs 14-15 of the Audit and Risk Committee Minute of 19 January 2015, it was recommended that Council approve the revised Risk Management Policy Statement.

DECISION

AGREED to approve the recommendation as detailed above.

MEMBERS

Councillors Ballantyne and Davidson joined the meeting during consideration of the following item.

The questions submitted by Councillors Campbell, Fullarton, Logan, Scott, Turnbull, Weatherston, Mountford and Cockburn were answered. 

DECISION

NOTED the replies as detailed in Appendix I 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 on the continuing progress in Scottish Borders in the development of an interagency approach to the support and protection of adults who were at risk of harm (as defined in the Adult Support & Protection (Scotland) Act 2007).  The Vice Convener welcomed Jim Wilson, Independent Chair of the Committee, to the meeting.  Mr Wilson outlined the main points within the report and commented on the increase in the number of referrals with older people and those with a learning disability being the highest category.  Of these, more were female, totalling 63% of all referrals.  One of the major areas of concern was scams and there was a national campaign focusing on financial abuse with assistance being provided by the Post Office, Trading Standards and Banks in this area.  He also advised that his biannual report to the Scottish Government would highlight the good assessment and continuous improvement process, the significant training programme and the support from partner agencies.  Mr Wilson answered Members’ questions and the Vice Convener thanked him for his attendance.

DECISION

AGREED to endorse the Annual Report of the Scottish Borders Adult Protection Committee 2013/14 and that it be published on the Council’s website and distributed.

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

There had been circulated copies of a report by the Chief Social Work Officer on the activities of the Child Protection Committee during the period 1 July 2013–31 July 2014 aimed at protecting children and young people in the Scottish Borders from abuse and neglect.  The Vice Convener welcomed Duncan MacAulay, Independent Chair of the Committee, to the meeting.  Mr MacAulay advised that this was his first report as Chair and commented on the good work being carried out in the Borders.  He commented on the importance of information sharing and cross border links.  There was a good level of staff training which now covered child trafficking and exploitation, an area of national concern.  There had been a reduction in the number of children on the child protection register over the year and this was being monitored.  Mr MacAulay answered Members’ questions and the Vice Convener thanked him for his attendance.  In response to a request it was agreed that future reports would include trends in respect of numbers on the Register and comparison with national trends.

DECISION

AGREED to endorse the Annual Report of the Scottish Borders Child Protection Committee 2013/14 and that it be published on the Council’s website and distributed.

Scottish Borders Council, Midlothian Council and Edinburgh City Council submitted a bid in this year’s COSLA Excellence Awards. The bid entitled “”The Borders Railway - Partnership in Action” was nominated as a finalist and judging took place on 4 February. The entry describes the enduring strength of our Partnership over the years to secure delivery of the Borders Railway. It focuses on the high level of innovation required and sets out how we have ensured best practice from this work has been utilised in other areas of work. The presentation includes video clips that set out the historical context, provides the views of the three Council Leaders on the Project and interviews with pupils from Galashiels Academy. The Award Results will be announced as part of the COSLA Conference on 12 March. Officers will give the presentation to Council that was given to the Awards Judging Panel on 4 February.

The Corporate Transformation and Services Director gave a presentation to Members from the bid which had been submitted by Scottish Borders Council, Midlothian Council and Edinburgh City Council in this year’s COSLA Excellence Awards. The bid entitled “”The Borders Railway - Partnership in Action” had been nominated as a finalist. The entry described the enduring strength of the Partnership over the years to secure delivery of the Borders Railway. It focused on the high level of innovation required and set out how the Council had ensured best practice from this work had been utilised in other areas of work. The presentation which had been given to the Judging Panel was shown to Members and included video clips which set out the historical context, provided the views of the three Council Leaders on the Project and interviews with pupils from Galashiels Academy. It was noted that the Award Results would be announced as part of the COSLA Conference on 12 March 2015. The Vice Convener paid tribute the work of Councillor Parker in respect of the Railway Project.

DECISION

NOTED the presentation

Consider report by Service Director Commercial Services seeking approval of the draft Local Flood Risk Management Plans for the Forth Estuary Local Plan District, the Tweed Local Plan District, and the Solway Local Plan District.  (Copy attached.)

With reference to paragraph 6 of the Minute of 30 October 2014, there had been circulated copies of a report by the Service Director Commercial Services seeking approval of the draft Local Flood Risk Management Plans for the Forth Estuary Local Plan District, the Tweed Local Plan District, and the Solway Local Plan District.  This approval was required to allow the draft plans to be published for public consultation on 2 March 2015.  The draft plans for each of the rivers were appended to the report.  The plans would be finalised taking account of responses to the consultation and the national prioritisation of preferred actions.  Approval of the final draft plans would be required prior to publication in June 2016.  It was noted that the order of schemes would be determined by the national prioritisation process.  The use of sediment management as a flood prevention measure was highlighted.

DECISION

AGREED to approve the draft Local Flood Risk Management Plans for consultation, as contained in the Appendices to the report, in respect of:-

(a)     the Berwickshire Coast in the Forth Estuary Local Plan District (PVA10/26);

(b)     the Tweed Local Plan District (LPD 13); and

(c)     the Newcastleton in the Solway Local Plan District (PVA14/03).

Consider joint report by Service Directors for Capital Projects and Commercial Services requesting confirmation of the Jedburgh (Skiprunningburn) Flood Protection Scheme 2014.  (Copy attached.)

With reference to paragraph 7 of the Minute of 30 October 2014, there had been circulated copies of a joint report by the Service Directors Capital Projects and Commercial Services seeking approval to confirm the proposed Jedburgh (Skiprunning Burn) Flood Protection Scheme 2014 and authorisation to continue the statutory approvals processes and commence the procurement and construction stages of the project.  The report explained that no objections had been received in respect of the approved scheme.  Following confirmation of the scheme Deemed Planning Permission would be obtained and this would enable the project team to finalise the detailed design before progressing to procurement and construction during financial year 2015/16.  Members welcomed the project.

DECISION

AGREED to:-

(a)     confirm the proposed Jedburgh (Skiprunning Burn) Flood Protection Scheme 2014;

(b)     authorise the Service Directors of Capital Projects & Commercial Services to continue the Statutory Approvals processes identified in the Flood Risk Management (Scotland) Act 2009; and,

(c)     authorise the Service Directors of Capital Projects & Commercial Services to commence the procurement and construction stages of the project.

Consider report by Depute Chief Executive People on the arrangements for establishing a permanent Strategic Planning Group to support the arrangements for the Integration of Health and Social Care in the Borders.  (Copy attached.)

There had been circulated copies of a report by the Depute Chief Executive People on the arrangements for establishing a permanent Strategic Planning Group to support the arrangements for the Integration of Health and Social Care in the Borders.  The report explained that there was a duty, under the Joint Working (Public Bodies) (Scotland) Act 2014 to establish a Strategic Planning Group to support the local arrangements for the integration of Health and Social Care.  The report outlined the proposals for the composition of the Strategic Planning Group, the timescales for its establishments and the draft terms of reference.  The role of the Strategic Planning Group was to support the Integration Joint Board in the cyclical development of the Plan and the continuing review of the progress in its delivery against the agreed national and local outcomes.  The Statutory Guidance on Strategic Planning provided local flexibility on the size and composition of the Strategic Planning Group.  However, the Integration Authority was required to involve a range of relevant stakeholders and must include representatives of groups prescribed by the Scottish Ministers in regulations as having an interest.  In view of the need to strike a balance between an effective and manageable group and effective representation of prescribed communities of interest as well as localities it was proposed that an 18 member group be established rather than the potential 31 member group.  The need to include a District Nurse representative was highlighted. 

DECISION

AGREED the proposals for establishing the Strategic Planning Group in support of the local Integration of Health and Social Care arrangements.

Consider report by Chief Executive seeking approval for the remit of the LLP Strategic Governance Group which will monitor and regulate SB Cares LLP.  (Copy attached.)

DECLARATION OF INTEREST

Councillor Edgar declared an interest in the following item of business in terms of Section 5 of the Councillors Code of Conduct and left the Chamber during the discussion.

With reference to paragraph 2 of the Private Appendix to the Minute of 29 January 2015, there had been circulated copies of a report by the Chief Executive seeking approval for the remit of the LLP Strategic Governance Group, a Sub-Committee of Council, to be set up to carry out the monitoring and control functions required by the Council in connection with the SB Cares LLP.  The report explained that the partnership agreement prescribed that the LLP Officers (Managing Director, Finance and Commercial Director, Head of Operations, and the Chairman of the Board) met with the Council on a quarterly basis.  It was proposed that the LLP Strategic Governance Group was established as a Sub-Committee of full Council to fulfil this requirement.  The remit of the LLP Strategic Governance Group was detailed in Appendix I to the report and covered the Sub-Committee’s decision-making and scrutiny activity including service performance, risks, financial management, quality, customer care, contractual compliance, and compliance with statutory obligations.  The items included in the remit were taken from Parts 2 and 3 of the Partnership Agreement already approved by Council.  Councillor Renton, seconded by Councillor Bell, moved that an additional recommendation (d) that a paper goes to the Strategic Governance Group detailing how staff engagement in the new company will be progressed following more detailed discussions with the unions.  This was unanimously approved.  It was noted that further amendments to the remit could be made if required once the Group was operational, and that the word ‘Shadow’ be removed after April 2016 from the Health and Social Care Shadow Integration Board.

DECISION

AGREED:-

(a)     the addition of a non-Council member of the Health and Social Care Integration [Shadow] Board as a non-voting member of the LLP Strategic Governance Group;

(b)     the inclusion of the LLP Strategic Governance Group as a Sub-Committee of Council in the Scheme of Administration; and

(c)     the remit of the LLP Strategic Governance Group as detailed in Appendix I to the report. 

Consider report by the Corporate Transformation and Services Director seeking support for a Cultural Strategy for the Scottish Borders, and to agree the Council’s role in   delivering the Strategy in partnership with cultural sector stakeholders and businesses.  (Copy attached.)

There had been circulated copies of a report by the Corporate Transformation and Services Director seeking support for a Cultural Strategy for the Scottish Borders, and agreement for the Council’s role in delivering the Strategy in partnership with cultural sector stakeholders and businesses.  The report explained that in September 2013, Scottish Borders Council, with financial support from Creative Scotland, commissioned a Cultural Strategy for the Scottish Borders. The commission was developed by a team of consultants under the direction of Noble Openshaw Limited.  The Strategy set out four key aims supported by specific recommendations: Better Communication, Improved Connectivity, Valuing the Sector and Empowering the Creative Community.  As part of “Improved Connectivity”, the Strategy recommended establishing a Cultural Forum for the Scottish Borders and a Cultural Support Unit to work with the Forum.  It was proposed that this Unit be provided by SBC’s Creative Arts Business Network (CABN) to enable and support partnerships and collaborative working, provide a secretariat to the Forum and act as “traffic manager” to signpost individuals and organisations developing new projects and initiatives to the best sources of information, advice and training.  The Strategy had been welcomed, and well received, by the cultural sector in the Scottish Borders and was used to inform funding applications from Borders-based organisations to external sources including Creative Scotland and Trusts and Foundations.  Members welcomed the strategy and the need to promote culture in a proactive way.  It was agreed that the second set of words “towards implementation” be removed from recommendation (b) in the report.

DECISION

AGREED:-

(a)     to approve the Cultural Strategy for the Scottish Borders; and

(b)     that SBC Cultural Services takes a leadership role in implementing the Cultural Strategy towards implementation by providing the Cultural Support Unit, via the Creative Arts Business Network, as recommended in the Strategy.

MEMBER

Councillor Moffat left the meeting during consideration of the above item.

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

DECLARATION OF INTEREST

Councillors Cockburn, Davidson and Gillespie declared an interest in the following item of business in terms of Section 5.18 (2)(i) of the Councillors Code of Conduct and remained in the Chamber during the discussion.

With reference to paragraph 3 of the Private Appendix to the Minute of 20 November 2014, there had been circulated copies of a report by the Corporate Transformation and Services Director on the positive response from Borders Sport and Leisure Trust (BSLT) agreeing to dialogue on an Integrated Culture and Sport Trust and to consider the next steps.  The report explained that a formal request had been made to BSLT in December 2014 to consider dialogue with SBC on an Integrated Culture and Sport Trust.  BSLT convened a special meeting on 9 February 2015 to discuss this proposal and agreed to a dialogue over an Integrated Culture and Sport Trust.  The report outlined the terms of reference for this joint work and recommended that a Joint Officer Working Group made up of officers from SBC and BSLT work together on the feasibility of an Integrated Culture and Sport Trust and to prepare proposals.  The current Member Officer Working Group would continue in order to examine and support the work of the Joint Officer Working Group and contribute to discussions with BSLT Board members.  The key outcome of this work would be agreeing whether or not to recommend the establishment of an integrated trust.  Members supported this approach but emphasised the need to identify all the pros and cons of such a joint Trust to ensure the protection of cultural provision in the Borders.

DECISION

AGREED to:-

(a)     note the decision of Borders Sport and Leisure Trust (BSLT) agreeing to the Council’s request for dialogue about a Joint Trust;

(b)     approve the approach to joint working with BSLT in considering an Integrated Culture and Sport Trust including the terms of reference for this work;

(c)     authorise the Corporate Transformation & Services Director in consultation with the Leader of the Council and Executive Member for Culture, Sport, Youth and Communities to agree such amendments as may be required to these terms of reference following discussion with BSLT;

(d)     request a progress report back to Council in June 2015 and a final report by no later than 8 October 2015 on the viability or not of an integrated Trust; and

(e)     note that any of the  financial implications associated with  a delay in the implementation of Cultural Services to a Trust would be addressed as part of the revenue monitoring process.

Consider the following appointments:

(a)      2 Members of Scrutiny.

(b)      Vice-Chairman of Scrutiny (member of the Administration)

(c)      Member of Standards Committee (member of the Administration)

It was noted that due to recent changes in the membership of the Administration of the Council that appointments required to be made in respect of the Scrutiny Committee and the Standards Committee. 

With regard to the two Scrutiny Committee members, Councillor Bell, seconded by Councillor Archibald, moved that Councillor Cranston be appointed; and Councillor Torrance, seconded by Councillor Parker, moved that Councillor Gillespie be appointed.  Both of the nominations were unanimously approved.

With regard to the position of Vice Chairman of Scrutiny, Councillor Cook, seconded by Councillor Smith, moved that Councillor Stewart be appointed.  This appointment was unanimously approved.

With regard to the Standards Committee member, Councillor Parker, seconded by Councillor Edgar, moved that Councillor Aitchison be appointed.  This appointment was unanimously approved.

DECISION

AGREED to approve the above appointments.

Consider appointment of Wellbeing and Safety Champion.

With reference to paragraph 20 of the Minute of 18 December 2014, Members were asked to consider the nomination of a Wellbeing and Safety Champion but no nomination was forthcoming.

DECISION

AGREED not to appoint a Health & Safety Champion at present.

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

Minute

16.     The private sections of the Council Minutes of 18 December 2014 and 29 January 2015 were approved. 

Committee Minutes

17.     The private sections of the Committee Minutes as detailed in paragraph3 of this Minute were approved.

          DECLARATION OF INTEREST

          Councillor Cranston declared an interest in the following item of business in terms of Section 5 of the Councillors Code of Conduct and left the Chamber during the discussion.

          Waste Treatment Contract

18.     Members approved a report by the Corporate Transformation and Services Director.

Consider private Sections of Scottish Borders Council Meetings held on:-

18 December 2014                                                           Page  139

29 January 2015                                                               Pages 141-142

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

(a)     Selkirk Common Good Fund      2 December 2014      Page   143

(b)     Pension Fund                              11 December 2014    Pages 145-147

(c)     Executive (Economic Dev)         3 February 2015        Page   149

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