Agenda and minutes

1.1     The Convener, on behalf of the Council, congratulated all the Borders Olympic and Paralympic athletes and in particular Libby Clegg who had won 2 gold medals.  He advised that a civic reception would be held later in the year.

1.2     The Convener advised that Councillor Brown, on his behalf, had accepted a petition from WASPI (Women Against State Pension Inequality) as part of their national campaign.

          DECISION

          NOTED.

Councillor Parker, seconded by Councillor Bell, moved that Item 24 on the agenda, relating to the Great Tapestry of Scotland, be considered in public in the interests of transparency rather than in private as shown on the published agenda.  This was unanimously approved and it was agreed that it be considered as Item 19 on the agenda.

Presentation by Chair of the Borders Citizens Advice Consortium.

The Convener welcomed Euan Robson, Chair of Borders Citizens Advice Consortium; Martyn Buckley, a Director of BCAC and also Central Borders CAB; and Rhona Calder, Manager of the Roxburgh and Berwickshire CAB, to the meeting.  Mr Robson gave a presentation on the work of the CAB in the Borders.  He outlined the current provision in the Borders and the types of advice that were being given.  He thanked the Council for renewing their funding.  Mr Robson and Ms Calder answered Members’ questions and commented on the challenges of getting volunteers.   The Convener thanked Mr Robson for his presentation.

Consider Minute of Scottish Borders Council held on 25 August 2016 for approval and signing by the Convener.  (Copy attached.)

The Minute of the Meeting held on 25 August 2016 was considered. 

DECISION

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

Consider Minutes of the following Committees:-

(a)     Local Review Body                                            15 August 2016

(b)     Executive                                                           16 August 2016

(c)     Hawick Common Good Fund                            16 August 2016

(d)     Teviot & Liddesdale Area Forum                       16 June 2016

(e)     Scrutiny                                                              18 August 2016

(f)      Civic Government Licensing                              19 August 2016

(g)     Selkirk Common Good Fund                             30 August 2016

(h)     Peebles Common Good Fund                           31 August 2016

(i)      Tweeddale Area Forum                                     31 August 2016

(j)      Berwickshire Area Forum                                  1 September 2016

(k)     Planning & Building Standards                           5 September 2016

(l)      Executive                                                           6 September 2016

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

The Minutes of the following Committees had been circulated:-

Local Review Body                                                      15 August 2016

Executive                                                                     16 August 2016

Hawick Common Good Fund                                     16 August 2016

Teviot & Liddesdale Area Forum                                 16 June 2016

Scrutiny                                                                        18 August 2016

Civic Government Licensing                                       19 August 2016

Selkirk Common Good Fund                                      30 August 2016

Peebles Common Good Fund                                     31 August 2016

Tweeddale Area Forum                                               31 August 2016

Berwickshire Area Forum                                            1 September 2016

Planning & Building Standards                                    5 September 2016

Executive                                                                     6 September 2016

DECISION

APPROVED the Minutes listed above.

The questions submitted by Councillors McAteer, Marshall, Fullarton and Turnbull were answered. 

DECISION

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

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

With reference to paragraph 18 of the Minute of 28 March 2013, there had been circulated copies of a report by the Depute Chief Executive Place providing an update on the progress of the Hawick Flood Protection Scheme and proposing that the Preferred Scheme be considered by Council at its meeting on 23 February 2017.  The report explained that the Project Team continued to deliver the Hawick Flood Protection Scheme on programme and in February 2016 the completion date had been accelerated by six months to the revised substantial completion date of June 2021, with the reprofile of the project budget to allow the detailed design to commence in parallel with the scheme publication process.  Keeping to the current programme provided nine months of programme float before the end of the Scottish Government funding period in March 2022.  This provided a period of time to rectify ‘valid’ objections to the published scheme or undertake a Public Local Inquiry before it effected the funding viability of the project. The Project Team required Scottish Borders Council to approve the Preferred Scheme on 23 February 2017 allowing the preparation of the appropriate documents to enable the scheme to be published on 18 April 2017, with the determination period running in parallel with the pre-election (‘Purdah’) period for the 2017 Local Government Election. 

DECISION

AGREED:-

(a)     to note the progress made on the project to date; and

(b)     that a report be brought to Scottish Borders Council meeting on 23 February 2017 to consider the Preferred Scheme for publication.

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

There had been circulated copies of a report by the Service Director Neighbourhood Services on a proposed response to the Scottish Government’s Business Rates Review, being led by the Barclay Review Group.  The report explained that a call for submissions was issued by the Scottish Government on 13 July 2016 with a deadline for responses of 7 October 2016.  Contributions had been invited to inform the re-design of the business rates system to better support business and incentivise investment.  The proposed response to the consultation was set out in Appendix 2 to the report and focused on the need for more frequent valuations as well as consideration of the properties which should feature in the valuation roll.  The response also outlined some of the key issues with the current suite of reliefs and exemptions and recommended a review of these to ensure they were targeted to those businesses that required support and better encourage growth and investment.

DECISION

AGREED:-

(a)    the response to the Scottish Government’s Business Rates Review, as set out in Appendix 2 to the report; and

(b)   that the Service Director of Neighbourhood Services report, in due course, on the outcome of the Review and how it would affect Scottish Borders Council and businesses in the Scottish Borders.

DECLARATION OF INTEREST

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

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

There had been circulated copies of a report by the Chief Social Work Officer containing the ninth annual report on the work undertaken on behalf of the Council in the statutory role of Chief Social Work Officer.  The annual report, attached as Appendix A to the covering report,  provided the Council with an account of decisions taken by the Chief Social Work Officer in the statutory areas of Fostering and Adoption, Child Protection, Secure Orders, Adult Protection, Adults with Incapacity, Mental Health and Criminal Justice.  The report also gave an overview of regulation and inspection, workforce issues and social policy themes over the year April 2015 to March 2016, and highlighted some of the key challenges for Social Work for the coming year.  Mrs Torrance, the Chief Social Work Officer, also commented on the publication of the Account’s Commission Report on Social Work and highlighted the emphasis the report placed on Councillors having a clear responsibility for the oversight of social work services.  The report also highlighted the role of the Chief Social Work Officer and her duty of oversight and challenge and the reporting of concerns to Members.  Mrs Torrance answered Members’ questions and confirmed that, while paperwork completed by social workers needed to be minimised, a balance was needed to ensure that recording was carried out properly, as recording risk assessments and chronologies was essential.

DECISION

AGREED to approve the report of the Chief Social Work Officer for 2015/2016.

There had been circulated copies of a report by KPMG, the Council’s Auditors together with a report by the Chief Financial Officer and a copy of the Annual Accounts 2015/16.  The Chief Financial Officer’s report explained that the Council’s External Auditors, KPMG, had now completed the audit of the Council’s 2015/16 Annual Accounts.  KPMG had prepared the Annual Audit Report and had provided an unqualified independent audit opinion.  The Annual Audit Report summarised KPMG’s conclusions, including:

·                An unqualified audit opinion

·                Statements supported by high quality working papers;

·                KPMG concur with management’s accounting treatment and judgements;

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

KPMG had identified two Grade 3 (minor) recommendations requiring action and these had been accepted by management and would be enacted within the agreed timescales.  As required under the Local Authority Accounts (Scotland) Regulations 2014, the audited Annual Accounts for Scottish Borders Council, Scottish Borders Council’s Pension Fund, SBC Common Good Funds, the SBC Charitable Trusts, Bridge Homes LLP, SB Support and SB Cares, copies of which had also been circulated, had been presented to the Audit & Risk Committee prior to signature.  Councillor Ballantyne as Chairman of the Audit and Risk Committee commented on that Committee’s review of the accounts and was pleased with the report received.  She highlighted that the level of risk covered by balances was lower and suggested that the level of Reserves not be allowed to fall any lower.  Councillor White as Chairman of the Pension Fund Committee commented on the operation of the new Board system and the fact that performance had exceeded the benchmark over the last 4.5 years.  He paid tribute to the Committee and its advisors. 

DECISION

AGREED to approve the following audited accounts:-

(a)     the Scottish Borders Council’s audited Annual Accounts for the year to 31 March 2016;

(b)     the Scottish Borders Council’s Pension Fund audited Annual Accounts for the year to 31 March 2016;

(c)     the Scottish Borders Council Common Good Funds’ (Charity SC031538) audited Annual Accounts for the year to 31 March 2016;

(d)     the SBC Welfare Trust (Charity SC044765) audited Annual Accounts for the year to 31 March 2016;

(e)     the SBC Education Trust (Charity SC044762) audited Annual Accounts for the year to 31 March 2016;

(f)      the SBC Community Enhancement Trust (Charity SC044764) audited Annual Accounts for the year to 31 March 2016;

(g)     the Thomas Howden Wildlife Trust (Charity SC015647) audited Annual Accounts for the year to 31 March 2016;

(h)     the Ormiston Trust for Institute Fund (Charity SC019162) audited Annual Accounts for the year to 31 March 2016;

(i)      the Scottish Borders Council Charity Funds’ (Charity SC043896) audited Annual Accounts for the year to 31 March 2016;

(j)      the Bridge Homes LLP audited Annual Accounts for the year to 31 March 2016;

(k)     the SB Supports audited Annual Accounts for the year to 31 March 2016; and

(l)      the SB Cares audited Annual Accounts for the year to the 31 March 2016.  ...  view the full minutes text for item 10.

Consider report by Chief Financial Officer on the annual report of treasury management activities undertaken during the 2015/16 financial year.  (Copy attached.)

With reference to paragraph 12 of the Minute of 17 December 2015, there had been circulated copies of a report by the Chief Financial Officer containing the annual report of treasury management activities undertaken during the 2015/16 financial year.   The annual report provided an analysis of performance against targets set in relation to Prudential and Treasury Management Indicators.  All of the performance comparisons reported upon were based on the revised indicators agreed as part of the mid-year report approved in December 2015.  The report also detailed the Council’s borrowing requirement to fund capital investment undertaken during 2014/15, how much the council actually borrowed against the sums budgeted, and the level of external debt carried on the council’s balance sheet within approved limits.  During the year the Council had, where possible, deferred borrowing using surplus cash rather than undertaking new borrowing and therefore did not undertake additional long term borrowing during the year.  Treasury management activity for the year had been undertaken in compliance with approved policy and the Code and the Council remained under-borrowed against its Capital Financing Requirement (CFR) at 31 March 2016.

DECISION

AGREED:-

(a)     to note that treasury management activity in the year to 31 March 2016 had been carried out in compliance with the approved Treasury Management Strategy Policy; and

(b)     the annual report of Treasury Management activities for 2015/16 as detailed in Appendix 1 to the report.

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

12.1  With reference to paragraph 8 of the Minute of 11 February 2016, there had been circulated copies of a report by the Chief Financial Officer providing Members with the findings and recommendations of the 6 month review of the 2016/17 to 2025/26 Capital Plan. The 2016/17 to 2025/26 Capital plan was approved by Full Council on 11 February 2016.  As part of the approval it was agreed a review of the Plan should be undertaken after 6 months due to uncertainties regarding the delivery of some projects and the ongoing development and refinement of various strategies including the sports pitch replacement programme, the waste strategy, the school estate review and the requirements of IT strategy.  This review had now been undertaken, in conjunction with the Service Director Assets and Infrastructure, of all projects within the Capital Plan to ensure they met the required criteria.  In total £2.941m of proposed revisions to the capital programme had been identified with revised proposals relating to Kelso High School, Langlee and Broomlands primary schools, the cemetery acquisition block and the 3G pitch replacement programme.  The report further recommended additional resources be applied to allow the upgrade and demolition of assets with the balance £2.441m being allocated to the emergency and unplanned schemes pending further recommendations regarding the use of this funding being submitted to Elected Members.  The contingencies held within Kelso High School and Langlee and Broomlands Primary School were no longer required and could be returned to the Emergency/Unplanned Schemes.  The Cemetery Land Acquisition and development block and the Peebles 3G Synthetic Pitch, had for a number of reasons been unable to be progressed and overall deliverability of these projects was highly uncertain.  Rather than leaving this funding unapplied within the programme for an indeterminate period, it was recommended these projects be removed from the current capital plan and the funds returned to Emergency/Unplanned Schemes.  When deliverable proposals requiring funding were brought to members for consideration this funding would be reviewed.  The Transformation Programme identified savings for property would require the Council to adopt a more flexible, more efficient property portfolio with a reduced footprint.  This would require an element of capital funding which was currently not identified in the Plan.  If the capital funds were not identified revenue savings would not be achieved.

12.2  Councillor Parker commented on the additional money which was now available and proposed that some of these additional funds be allocated for road repairs.  He moved, seconded by Councillor Mitchell, the following Motion to replace recommendation (h) in the report:-

          “Council agrees to allocate £2.4 million to the following projects listed below:

          From this allocation £422k would be used to bridge the capital gap between the money bid for through SCOTS from the Scottish Government for flood damage at Bowanhill Bridge, Selkirk Flood Scheme, and Newmill Bridge near Jedburgh.

          The balance of the capital funding of £1.978 million would be allocated as follows:

          Patching in Towns/Villages      -      £400k       

          Patching on Rural A & B Roads              

          Short Overlays             -  ...  view the full minutes text for item 12.

Consider report by Chief Executive.  (Copy attached.)

There had been circulated copies of a report by the Chief Executive seeking approval for 2 members of staff who had requested early retirement and voluntary severance.  If both applications were approved, a total one-off cost of £61,927would be incurred.  In total, £82,641of direct recurring employee cost savings would be delivered each year.  The average payback period for all staff was 0.93 years. 

DECISION

AGREED to approve both applications as detailed in the report with the associated costs being met from the voluntary severance/early retirement budget for 2016/17 of £61,927.

Consider report by Chief Executive.  (Copy attached.)

There had been circulated copies of a report by the Chief Executive on proposed changes to the Community Planning governance arrangements in the Scottish Borders, and in particular an amendment to the membership and remit of the Community Planning Strategic Board.  The report explained that at its meeting on 8 September 2016, the Community Planning Strategic Board agreed to changes to its current governance structure.  These changes required Council approval as the Community Planning Strategic Board was a formal committee of Council.  The aim of any Community Planning Partnership was to establish what could be done differently and better by the partners by getting together and co-ordinating existing services or joining up to provide services which will reduce inequalities and improve outcomes for communities.  A review of the governance structure of the Community Planning Partnerships was carried out by officers of the statutory community planning partners, who concluded that the Scottish Borders Community Planning Partnership would be best served by having two groups –a large consultative group that set the strategic direction for community planning and a smaller decision making group that ensured the strategic direction was being followed.  The Community Planning Consultative Partnership would comprise representatives from each of the Statutory Partners and those partners listed in Schedule 1 of the Community Empowerment (Scotland) Act 2015.  A revised smaller Scottish Borders Community Planning Strategic Board would be retained as the decision making group for the Community Planning Partnership, and would comprise representatives from the 5 Statutory Partners along with 3 other community planning partners.  It was suggested that one of the Council representatives should be the Executive Member for Social Work rather than the Depute Leader (Health Service).  It was agreed that consideration of the amendment to membership be delegated to the Clerk to the Council in consultation with the Leader and the Leader of the Opposition.

DECISION

AGREED:-

(a)     the governance arrangements for the Community Planning Partnership in the Scottish Borders; and

(b)     the amendment of the Scheme of Administration to take account of the new Community Planning Strategic Board membership and remit, as detailed in Appendix 1 to the report, subject to any amendment to the Council representation agreed by the Clerk to the Council in consultation with the Leader and Leader of the Opposition.

Consider report by Chief Executive.  (Copy attached.)

With reference to paragraph 16 of the Minute of 29 June 2016, there had been circulated copies of a report by the Chief Executive advising Members of Scottish Ministers’ decision on the Local Government Boundary Commission for Scotland’s recommendations for the Scottish Borders Council area.  The report explained that on 14 September 2016, Joe Fitzpatrick, MSP, Minister for Parliamentary Business, advised of his decision not to implement the recommendations made by the Commission for the Scottish Borders Council area.  The electoral arrangements currently in effect for Scottish Borders would therefore continue to apply.  Members also noted that the other smaller amendments previously agreed by Council would also not be implemented.  While Members were pleased that there would be no reduction made to Councillor numbers there was disappointment that the smaller amendments which had addressed errors made when the original boundaries were drawn would not now be implemented.  Councillor Cook, seconded by Councillor Moffat, moved that “Scottish Borders Council notes the decision of the Minister for Parliamentary Business in respect of the Local Government Boundary Commission for Scotland's final recommendations. While welcoming the Minister's decision as it pertains to the Hawick & Hermitage, Hawick & Denholm and Jedburgh wards in the Scottish Borders Council area, Council is disappointed that the Minister ignored Council's representations on the defects inherent in the recommendations and methodology presented to him by the Local Government Boundary Commission.  No decision on councillor numbers in the Scottish Borders or nationally should have been taken until a clear, comprehensive and evidence-based review had been conducted.  The terms of this motion should be communicated to the Minister.”  The Motion was unanimously approved.

         DECISION

          (a)     NOTED Scottish Ministers’ decision that there would be no changes to the current arrangements for the number and boundaries of Wards in the Scottish Borders Council area.

          (b)     AGREED that a letter be sent to the Minister for Parliamentary Business in the terms detailed above.

Consider appointment of member to Scrutiny Committee and appointment of new Chairman of Scrutiny Committee following the resignation of Councillor Logan.

It was noted that Councillor Logan had resigned from the Scrutiny Committee which left a vacancy in terms of membership and also the position of Chairman.  Councillor Ballantyne, seconded by Councillor Cockburn, moved that Councillor Turnbull be appointed to the Committee and the position of Chairman and this was unanimously approved.

DECISION

AGREED that Councillor Turnbull be appointed to the Scrutiny Committee and also to the position of Chairman of the Committee.

ADJOURNMENT

The meeting adjourned for lunch and reconvened at 1.00 p.m.

MEMBERS

Councillors Davidson, Gillespie and Scott did not re-join the meeting after lunch.

With reference to paragraph 16 of the Minute of 18 December 2014, 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. This report now sought an in principle decision to locate the GTS in Galashiels pending further work with partners and a subsequent report to Council on 10 November 2016.  The report outlined the work undertaken since May this year  including the feasibility Study by Page Park, the Detailed Business Case by Jura Consultants and the Cost Plan by Turner Townsend.  The buildings which the GTS would occupy, as well as the wider regeneration benefits for the town were laid out as well as a range of community and partnership working which could be tapped into to create the GTS building within Galashiels.  The report explained that this option had become possible as a building now being considered was not vacant at the time of the original assessment of Galashiels in summer 2014. When the former Poundstretcher building became available in April 2016 the Council took immediate action to assess the proposition.  The key conclusions of the work to date were that due to the availability of the building in Galashiels locating the GTS in a purpose built building, but also linked to and utilising the existing former Post Office building, was a viable proposition. The detailed Business Case concluded that the project, if delivered as part of a wider regeneration project for Galashiels Town Centre, would result, after three years, in a small surplus from the GTS visitor attraction. Consequently the report recommended that, in principle, locating the GTS in Galashiels as part of a wider regeneration project should be pursued.  David Paton of Page Park and Paul Jardine of Jura Consultants were present at the meeting and gave a presentation on the proposal and answered Members’ questions including expected visitor numbers, proposed ticket pricing, and the different opportunities offered by Galashiels and Melrose.  Councillor Bell, seconded by Councillor Aitchison, moved that at present only recommendations (a) and (d) be approved with the final decision to be taken at the Council meeting on 10 November 2016 when all the required information would be available.  This motion was unanimously approved.

DECISION

(a)     NOTED the Feasibility Study completed by Page / Park, the Detailed Business Case completed by Jura Consultants and the Cost Consultants Report completed by Turner Townsend.

(b)     AGREED to request that the Corporate Transformation & Services Director bring forward a further report in respect of a final decision on the project to Council on 10 November 2016.

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 25 August 2016.  (Copy attached.)

The private section of the Council Minute of 25 August 2016 was approved. 

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

(a)     Executive                                                           16 August 2016

(b)     Hawick Common Good Fund                            16 August 2016

(c)     Civic Government Licensing                              19 August 2016

(d)     Selkirk Common Good Fund                             30 August 2016

(e)     Planning & Building Standards                           5 September 2016

(f)      Executive                                                           6 September 2016

(Please see separate Supplement containing private Committee Minutes.)

The private sections of the Committee Minutes as detailed in paragraph5 of this Minute were approved.