Agenda and minutes

The Convener welcomed Ms Amanda Finlay, Headteacher of Clovenfords Primary School, Ms Shirley Potter, Class Teacher, and four pupils from Primary 7 to the meeting.  The pupils presented their Remembrance Day Assembly to Members.

DECISION

THANKED the pupils for their very moving presentation.

MEMBER

Councillor Logan left the meeting.

Consider Minute of Scottish Borders Council held on 29 September 2016 for approval and signing by the Convener.  (Copy attached.)

The Minute of the Meeting held on 29 September 2016 was considered. 

DECISION

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

Consider Minutes of the following Committees:-

(a)     Community Planning Strategic Board               8 September 2016

(b)     Galashiels Common Good Fund                       8 September 2016

(c)     Eildon Area Forum                                             8 September 2016

(d)     Jedburgh Common Good Fund                         14 September 2016

(e)     Kelso Common Good Fund                               14 September 2016

(f)      Cheviot Area Forum                                           14 September 2016

(g)     Pension Fund                                                     15 September 2016

(h)     Pension Fund Board                                           15 September 2016

(i)      Police, Fire & Rescue and Safer

           Communities Board                                          16 September 2016

(j)      Local Review Body                                            19 September 2016

(k)     Executive                                                           20 September 2016

(l)      Teviot & Liddesdale Area Forum                       20 September 2016

(m)    Scrutiny                                                              22 September 2016

(n)     LLP Strategic Governance Group                     22 September 2016

(o)     Civic Government Licensing                              23 September 2016

(p)     Audit & Risk                                                        26 September 2016

(q)     Planning & Building Standards                           3 October 2016

(r)      Executive                                                           4 October 2016

(s)     Petitions & Deputations                                      6 October 2016

(t)      Executive                                                           18 October 2016

(u)     Jedburgh Common Good Fund                         19 October 2016

(v)     Civic Government Licensing                              21 October 2016

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

The Minutes of the following Committees had been circulated:-

Community Planning Strategic Board                                       8 September 2016

Galashiels Common Good Fund                                               8 September 2016

Eildon Area Forum                                                                     8 September 2016

Jedburgh Common Good Fund                                                 14 September 2016

Kelso Common Good Fund                                                       14 September 2016

Cheviot Area Forum                                                                  14 September 2016

Pension Fund                                                                             15 September 2016

Pension Fund Board                                                                  15 September 2016

Police, Fire & Rescue and Safer Communities Board              16 September 2016

Local Review Body                                                                    19 September 2016

Executive                                                                                   20 September 2016

Teviot & Liddesdale Area Forum                                               20 September 2016

Scrutiny                                                                                      22 September 2016

LLP Strategic Governance Group                                             22 September 2016

Civic Government Licensing                                                     23 September 2016

Audit & Risk                                                                               26 September 2016

Planning & Building Standards                                                   3 October 2016

Executive                                                                                   4 October 2016

Petitions & Deputations                                                              6 October 2016

Executive                                                                                   18 October 2016

Jedburgh Common Good Fund                                                 19 October 2016

Civic Government Licensing                                                     21 October 2016

DECISION

APPROVED the Minutes listed above subject to paragraph 4 below.

Consider the recommendation made by the Police, Fire & Rescue and Safer Communities Board held on 16 September 2016.  (Copy attached.)

With reference to paragraph 5.4 of the Minute of the Police, Fire & Rescue and Safer Communities Board of 16 September 2016, it was recommended that Council agree that the current Scottish Borders Local Fire Plan be extended until December 2017 and to approve the proposed timeline for the production of the next Scottish Borders Local Fire Plan.

.

DECISION

AGREED to approve the recommendation detailed above.

MEMBER

Councillor Parker joined the meeting.

The questions submitted by Councillors Logan, Turnbull and Cockburn 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 draft Supplementary Guidance on Housing, contained in Appendix A to the report, as a basis for public consultation.  The report explained that the Scottish Borders Council Local Development Plan (LDP) was adopted on 12 May 2016.  As recommended by the Directorate for Planning and Environmental Appeals following the Examination of the LDP, the LDP required the Council to identify a further 916 housing units within the Scottish Borders in order to address a housing shortfall.  The process for identifying sites to accommodate the shortfall was via the production of Supplementary Guidance (SG).  A draft SG had now been produced identifying proposed sites following consideration and analysis of a number of options.  It was therefore recommended that Members accept the proposed sites within the draft SG with a view to carrying out a public consultation.  It was proposed that the draft SG be subject to public consultation for a period of 8 weeks.  Following public consultation, it was intended that a report would be brought back to a future meeting of the Council to seek final agreement before it was referred to Scottish Ministers and on approval it would become part of the adopted LDP.  The Chief Planning Officer advised that the Section regarding Heather Mill, Selkirk would be amended to include an additional bullet point reading “There will be a clear requirement to provide an element of employment land on part of the site to reflect its mixed use allocation”.  Members welcomed the report and the proposed addition.

DECISION

AGREED to :-

(a)     approve the Draft Supplementary Guidance: Housing and its appendices, as amended, as a basis for public consultation;

(b)     note the Environmental Report as set out in Appendix B; and

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

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

With reference to paragraph 12 of the Minute of 29 June 2016, there had been circulated copies of a report by the Corporate Transformation and Services Director providing an update on the Initial Hawick Action Plan approved in June 2016, and outlining the priority actions that should be taken forward in 2017.  The report explained that the Initial Hawick Action Plan was structured around three key themes which were identified and agreed by the key stakeholders for the town.  The first strategic theme focused on making Hawick a ‘Great Place for Working and Investing’.  The second theme focused on making Hawick a ‘Great Place for Living and Learning’ and the third theme focused on making Hawick a ‘Great Destination to Visit’, all aiming to make Hawick a great place to visit and stay.  The work was being led by a partnership of Scottish Borders Council, Scottish Government, Scottish Enterprise and Skills Development Scotland.  Since the previous update in June 2016, Council officers had been working to take forward some of the actions in the Plan in conjunction with key stakeholders, local businesses and other local organisations in Hawick.  A number of key actions had been progressed and importantly, additional funding support had been offered by the Scottish Government in relation to regeneration support for the town and the Hawick Flood Protection Scheme.  Members welcomed the report and noted that while progress was positive there was still a lot of work to do and engagement by all partners was important if the Plan was to succeed.  Officers highlighted the tight timescale for spending the regeneration monies and that they were working hard to achieve this.

DECISION

AGREED:-

(a)     to note the progress made in implementing the Initial Hawick Action Plan over the last 6 months, as set out in Appendix 1 to the report;

(b)    that the Council should support further work with businesses and stakeholders in Hawick in 2017/18 as outlined in Appendix 1 to the report; and

(c)     that the Corporate Transformation and Services Director present a progress report on the Action Plan to the Council at its meeting scheduled for 30 March 2017.

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

With reference to paragraph 14 of the Minute of 29 June 2016, there had been circulated copies of a report by the Chief Roads Officer providing an update in relation to on-street parking and in particular reports on the findings of the town centre parking surveys.  The report explained that following the withdrawal of the traffic warden service in February 2014 there had been concern, in some quarters, that a reduced level of enforcement had led to a deterioration in parking behaviour in some town centres.  Comprehensive three day parking surveys were undertaken in 12 town centres to ascertain the extent of on-street parking issues.  Details of the surveys were appended to the report.  Analysis of the survey returns demonstrated that town centres were very busy in terms of parking and on occasions some operated at or above capacity.  In general there appeared to be reasonable observance of waiting restrictions but there were specific areas where there was greater mis-use; some of which was for prolonged periods.  Turn-over and duration of stay were positive with a high percentage of vehicles in all towns only staying for an hour or less.  Other sources, such as the Household Survey and the Annual Footfall Survey, had also been examined to help determine how the removal of traffic wardens had impacted on town centres. Feedback from the Scottish Borders Household Survey suggested that the majority of respondents did not perceive parking as a common problem, but that the level of concern had increased since previous surveys.  Analysis of the Annual Footfall Survey did not suggest that the removal of traffic wardens had had an impact on the number of pedestrians in town centres.  While Officers recognised that there were intermittent traffic management issues in some locations in the Borders, at this stage they considered that the introduction of Decriminalised Parking Enforcement (DPE) would be disproportionate, unnecessary and resource as well as cost prohibitive and suggested an alternative approach of requesting increased enforcement through Police Scotland, utilising powers in the Police and Fire Reform (Scotland) Act 2012.  Members discussed the report in detail and a Motion and 2 Amendments were made as follows:-

Councillor Edgar, seconded by Councillor Paterson, moved that recommendation 2.1(d) be removed and replaced with “To instruct the Chief Officer Roads to carry out a full public consultation on the introduction of Decriminalised Parking Enforcement, using existing parking enforcement staff and systems, to include the use of a disc-based parking system and bring a report back to Council in February 2017.”

Councillor Parker, seconded by Councillor Mitchell, moved as an amendment that the existing recommendations be replaced with the following:-

“that Council agrees:

(a)     to note the results of the parking surveys and the updated position in regard to on-street parking;

(b)     (i)      that, while commending Police Scotland on their work to date on parking enforcement, make stronger representations to enforce parking regulations, in particular in hot spots e.g. Gala, Hawick, Peebles and Selkirk, and to that end;

          (ii)  ...  view the full minutes text for item 8.

Consider report by Chief Executive.  (Copy attached.)

There had been circulated copies of a report by the Chief Executive on the proposed response to the Scottish Government’s Consultation on Social Security in Scotland.  The report explained that the Scottish Government’s consultation on devolved Social Security powers began on 29 July 2016. The closing date for the consultation was 28 October 2016. However, an extension had been granted to Scottish Borders Council to allow its submission to be approved by Council. The consultation provided the opportunity to set out views on the shaping of the new Scottish social security powers that had been devolved to the Scottish Parliament under the Scotland Act 2016. These powers would provide opportunities to develop a strategic approach to welfare that could be closely linked to tackling local needs, reducing inequalities and supporting prevention.  The Council’s response highlighted that local authorities had an important role to play in administering the devolved benefits and to co-ordinatea joined up approach to supporting claimants at the local level working with other Community Planning partners. It highlighted the importance of treating claimants with respect and dignity and of meeting the diversity of needs of claimants across Scotland, particularly those living in rural areas such as the Scottish Borders. The limitations of using digital technology were highlighted for the delivery of benefits and the need to promote digital inclusion. Also particular issues of importance to the Scottish Borders were outlined where claimants moved back and forward across the border to live and work.   Members welcomed the proposals and Councillor Campbell suggested that the word “customer” within the response was not appropriate in this context and that it be changed to something more appropriate such as applicant or recipient.  Members supported this change and agreed that it be left to officers to find a suitable replacement.

DECISION

AGREED to approve the response, as set out in Appendix 2 to the report as amended, to the Scottish Government’s consultation on Social Security in Scotland.

Consider report by Chief Executive.  (Copy attached.)

There had been circulated copies of a report by the Chief Executive on the proposed response to the consultation by British Telecom on public payphone removals in the Scottish Borders.  The report explained that the Council had received details in mid-August 2016 from British Telecom of a consultation on the proposed removal of 104 payphones in the Scottish Borders, as detailed in Appendix 1 to the report. This was part of wider consultation taking place across Scotland by BT about payphone removals. The consultation had been driven according to BT by the decline in the overall use of payphones. Local authorities had the responsibility from Ofcom, the telecommunications regulator, to gather views from local communities and to provide a reasoned response either objecting or agreeing to the removal of payphones. The deadline for responses was 29 November 2016. The Council had carried out a consultation with local communities by contacting community councils and community resilience co-ordinators. A judgement had then been made on retaining or removing payphones based on the views of communities; the quality of mobile phone coverage; the use for 101/999 calls; proximity to main roads; and usage and access by local communities, as detailed in Appendix 2 to the report. It was considered that payphones needed to be seen as a key part of the resilience and emergency infrastructure of local communities linking to the Scottish and UK Government’s national resilience structure.  Members emphasised that although overall usage of phone boxes was low they were a vital lifeline in some areas, especially where mobile phone signals were poor, and that they must be retained as part of community resilience.

DECISION

AGREED:-

(a)     the response, as set out in Appendix 2 to the report, to British Telecom’s consultation on the removal of public payphones; and

(b)     to make the case to the Scottish and UK Governments that public payphones should be recognised as a key part of the resilience and emergency infrastructure of local communities.

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

There had been circulated copies of a report by the Corporate Transformation and Services Director on the proposed response to the Scottish Government’s consultation paper “The Future of Forestry in Scotland”.  The report explained that the Scottish Government had invited responses to a consultation on the governance of Forestry in Scotland.  The focus of the consultation paper was on the continuing devolution of the UK Forestry Commission’s responsibilities to Scottish Government Minsters.  A two-tier governance solution was being proposed, reflecting the current separation of policy and regulatory functions at Commission level from the management of the forestry estate which was currently undertaken by Forest Enterprise Scotland.  The consultation covered three broad areas: the new organisational and governance proposals; the development of effective cross-border arrangements within the new structures; and the regulatory and legislative framework.  The proposed Council response was set out in Appendix 1 to the report and was broadly in favour of the consultation’s organisational and governance proposals.  However, the suggested response stressed the importance of the new agency having a remit to support economic development and wider social and environmental outcomes from the national forest estate, as well as the basic forest and timber production focus proposed. The response favoured strong cross-border links to support a range of UK wide functions, including research, tree health, forestry standards and technical issues and recommended that while the Forestry Directorate should continue to promote forestry, this should be as part of a wider commitment to sustainable land use.  In particular, the development and maintenance of outdoor recreational and commercial facilities on forestry land was an essential use of the national forest estate, creating economic, environmental and social benefits for local communities.  The consultation did not give emphasis to this issue, but officers considered that it was an equally important role alongside that of timber production.  Recent experience had shown that the agencies in charge of the national forest estate needed to have more focus on local economic and community impacts, not less.  Members supported the emphasis of the wider aspects, not just timber production.

DECISION

AGREED to approve the response to the Scottish Government’s consultation on ‘The Future of Forestry in Scotland’ as set out in Appendix 1 to the report. 

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 £72,151would be incurred.  In total, £56,231of direct recurring employee cost savings would be delivered each year.  The average payback period for all staff was 1.3 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 £72,151.

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 Sections of the Minutes of the following Committees:-

(a)     Pension Fund                                                     15 September 2016

(b)     Executive                                                           20 September 2016

(c)     LLP Strategic Governance Group                     22 September 2016

(d)     Civic Government Licensing                              23 September 2016

(e)     Executive                                                           18 October 2016

(f)      Civic Government Licensing                              21 October 2016

(Please see separate Supplement containing private Committee Minutes.)

Committee Minutes

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

Open Question

As agreed at paragraph 5 above, Councillor Bell provided the information requested.