Agenda and minutes

          On behalf of the Council the Convener congratulated PC Kirsty Neish from the Safer Communities section who, on completion of her 4 week Community Safety and Crime Reduction Course at the Scottish Police College, had been awarded the David Gray Memorial Award as the most outstanding student on the course.

          The Convener read out a letter received from Kensington Palace thanking the Council for its kind letter on the occasion of the birth of Princes Charlotte.

          DECISION

          NOTED.

Consider Minute of Meeting of Scottish Borders Council held on:-

2 April 2015                                                                       Pages 1-14

          The Minute of the Meeting held on 2 April 2015 was considered. 

          DECISION

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

Consider Minutes of the following Committees:-

(a)   Tweeddale Area Forum                4 March 2015           Pages 15-21

(b)   Berwickshire Area Forum             5 March 2015           Pages 23-29

(c)   Executive (Performance)             10 March 2015         Pages 31-35

(d)   Local Review Body                       16 March 2015         Pages 37-42

(e)   Teviot & Liddesdale Area Forum  17 March 2015         Pages 43-46

(f)    Audit & Risk                                  23 March 2015         Pages 47-51

(g)   Executive (Education)                  24 March 2015         Pages 53-59

(h)   Scrutiny                                         26 March 2015         Pages 61-63

(i)     Planning & Building Standards      30 March 2015         Pages 65-73

(j)     Local Review Body                       30 March 2015         Pages 75-80

(k)   Local Review Body                       20 April 2015            Pages 81-85

(l)     Executive (Finance)                      21 April 2015            Pages 87-89

(m)  Teviot & Liddesdale Area Forum  21 April 2015            Pages 91-95

(n)   Planning & Building Standards      27 April 2015            Pages 97-111

(o)   Executive (Economic Dev.)         12 May 2015            Pages 113-119

3.1     The Minutes of the following Committees had been circulated:-

          Tweeddale Area Forum                                               4 March 2015  

          Berwickshire Area Forum                                            5 March 2015  

          Executive (Performance)                                            10 March 2015

          Local Review Body                                                      16 March 2015

          Teviot & Liddesdale Area Forum                                 17 March 2015

          Audit & Risk                                                                 23 March 2015

          Executive (Education)                                                 24 March 2015

          Scrutiny                                                                        26 March 2015

          Planning & Building Standards                                    30 March 2015

          Local Review Body                                                      30 March 2015

          Local Review Body                                                      20 April 2015   

          Executive (Finance)                                                    21 April 2015   

          Teviot & Liddesdale Area Forum                                 21 April 2015   

          Planning & Building Standards                                    27 April 2015   

         Executive (Economic Development)                           12 May 2015   

         DECISION

APPROVED the Minutes listed above subject to paragraphs 5 and 6 below.

3.2    EXECUTIVE COMMITTEE (EDUCATION THEME)

         With reference to paragraph 6 of the Minute of 24 March 2015, it was recommended that Council approve an amendment to the Scheme of Administration to include 2 pupil representatives as non-voting members of the Executive Committee for Education themed meetings.

         DECISION

         AGREED to approve the amendment to the Scheme of Administration to include 2 pupils representatives as non-voting members of the Executive Committee for Education themed meetings.

3.3    EXECUTIVE COMMITTEE (ECONOMIC DEVELOPMENT THEME)

         With reference to paragraph 11 of the Minute of 12 May 2015, it was recommended that Council approve the response to the Consultation Paper on a proposed Bill relating to burial and cremation and other related matters in Scotland.

         DECISION

         AGREED to approve the consultation paper response.    

          The questions submitted by Councillors Mountford, Logan, Ballantyne, Cockburn and Aitchison were answered. 

          DECISION

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

Presentation by Forward Planning Manager.

Members received a presentation from the Forward Planning Manager on the new version of Local View.  This was now available as “Find it” for the public and as Web GIS for Council staff.  Members welcomed the new version which would be of considerable help to the public and asked that it be widely publicised.

DECISION

          NOTED the presentation.

Consider report by Service Director Strategy and Policy on the progress of the work programme of the South of Scotland Alliance, and to gain agreement for its case for a Southern Scotland NUTS 2 area.  (Copy attached.)

         There had been circulated copies of a report by the Service Director Strategy and Policy providing an update on the progress of the work programme of the South of Scotland Alliance, and to gain agreement for its case for a Southern Scotland NUTS 2 area.  The report explained that Scottish Borders Council together with Dumfries and Galloway Council and Scottish Enterprise had been working together as part of the South of Scotland Alliance since it was formed in 2001. The purpose of the Alliance was to provide a strong voice for the South of Scotland and to address the key strategic challenges facing the economy in the South of Scotland.  The report detailed the progress being made on the Alliance’s current programme of work which included the South of Scotland Rural Regional Economic Development Programme, Broadband and Mobile Phone coverage, Supporting the Borderlands Initiative, and the advocacy for a Southern Scotland NUTS 2 statistical area.  Councillor Bell commented on the work being carried out to obtain NUTS 2 status which would allow the area to qualify for European Regional Development and Cohesion funding.  If successful the new area would come into effect in 2020/21 in time for the next period of European programmes.

         DECISION

         (a)     NOTED the progress made by the South of Scotland Alliance.

         (b)    AGREED to:-

                   (i)      continue to actively support the work programme of the South of Scotland Alliance; and

                   (ii)     endorse the proposal being made by the South of Scotland Alliance for a Southern Scotland NUTS 2 area.

Consider report by Chief Executive providing an update on the functioning of the Chambers Institution and Trust since the 30 October 2014.  (Copy attached.)

With reference to paragraph 10 of the Minute of 30 October 2014, there had been circulated copies of a report by the Chief Executive providing an update on the functioning of the Chambers Institution and Trust since the request to produce a report setting out possible alternative options for the revitalisation of the Chambers Institution to meet the terms of the bequest from Dr William Chambers; so that there could be a consultation with Tweeddale residents and Trustees on these options before a final decision was made.  The report provided background to the current operation of the Chambers Institution and Trust and summarised the work undertaken since the Council decision on 30 October 2014 to pause and reflect.  It was proposed that, following discussions with the Trustees and the Scottish Historic Buildings Trust, a community consultation on the future direction of the Institution be undertaken.  The Council had limited experience of running this type of engagement event and therefore proposed to retain the Scottish Historic Buildings trust to assist with this process.  This consultation would be undertaken recognising the restrictions of Dr Chamber’s original bequest and would focus upon potential improvements to the building, options for fundraising, including the potential of attracting grant funding, for example from the lottery, and developing a joint vision with residents on how future public service should  best be delivered from the building.  The Convener proposed that recommendation (b) be amended to include Councillor Davidson as the Executive Member with relevant responsibility and this was approved.

DECISION

AGREED to:-

(a)      the Chambers Institution Trust reverting to sole Council Control;

(b)     delegate responsibility to the Chief Executive, in consultation with local Tweeddale members and the Executive Member for Culture, Sport, Youth and Communities, to undertake a community engagement and consultation exercise to gather views on potential improvements to the buildings, identify options for fundraising (including the potential of attracting grant funding) and develop a joint vision with residents on how future public service should best be delivered from the Institution;

(c)      note the likely financial requirements for matched funding to support any future capital project; and

(d)     request a further report detailing the outcome of this consultation

Consider report by Chief Financial Officer providing an update on the progress of the reorganisation of the Council’s registered Trust Fund Charities and proposes the recommended approach to governance for the new Charitable Trusts.  (Copy attached.)

         With reference to paragraph 14 of the Minute of 30 January 2015, there had been circulated copies of a report by the Chief Financial Officer providing an update on the progress of the reorganisation of the Council’s registered Trust Fund Charities and proposing the recommended approach to governance for the new Charitable Trusts.  The report explained that following the agreement to establish three new Charitable Trusts and the reorganisation and winding up of the existing Council Charity Funds, excluding the Common Good Charity Fund, into one of the new Charitable Trusts, the Council had successfully set up and registered the three new Charitable Trusts with the Office of Scottish Charity Regulator (OSCR) in March 2014: SBC Welfare Trust; SBC Community Enhancement Trust and SBC Educational Trust. The Council was the sole corporate trustee of each of these charities and copies of the Trust Deeds were appended to the report.  Applications for reorganisations of the individual OSCR registered funds were all put to OSCR before 31 March 2014, which had the effect of removing them from the requirement of a full audit. The Ormiston Trust, due to the presence of heritable assets, would remain as a separate charity, and work to re-organise the Thomas Howden Wildlife Trust was underway.   Appendix 3 to the report summarised the agreed outcome of these applications and discussions with OSCR and any associated agreed geographical or charitable purpose restriction. OSCR had confirmed de-registration of the 34 charities detailed in the report, and these had now been wound up.  There was continued work on the re-organisation of the combined Charitable Trust (with 76 individual funds) and the non-Charitable Trust funds and this would be reported to Council as work  progressed.  In order to efficiently manage the funds of the new Charitable Trusts, it was proposed to create area based Charitable Trusts Sub-Committees with the remit as set out in Appendix 4 to the report.  In addition, where awards were to specific individuals or families the award criteria would be established by the Sub-Committees but the individual applications would be agreed under delegated authority.  It was noted that the Sub-Committee would be expected to meet annually.  It was further noted that in Appendix 4 the Selkirkshire Ward had been omitted from the Eildon Area and this would be amended. An amended wording for recommendation (k) was tabled and accepted at the meeting.

         DECISION

          AGREED:-

          (a)    to note the establishment and registration of SBC Education Trust, SBC Welfare Trust and SBC Community Enhancement Trust as Charitable Trusts, each having all of the Elected Members of the Council as Trustees and the purposes as set out in Appendix 1 to the report;

          (b)    that the Trust Funds would start with a maximum revenue balance of 5% of the combined capital and revenue balances,  that any excess revenue balances above this level would be transferred to the capital balance and invested in accordance with the Common Good and Trust Fund Investment Strategy;

          (c)    that the budget for expenditure from  ...  view the full minutes text for item 8.

Consider report by Service Director Strategy and Policy providing an update on participation in the development of a City Region Deal for the Edinburgh and South East of Scotland (ESESCR).  (Copy attached.)

         With reference to paragraph 5 of the Executive Committee Minute of 3 February 2015, there had been circulated copies of a report by the Service Director Strategy and Policy providing an update on participation in the development of a City Region Deal for the Edinburgh and South East of Scotland (ESESCR).  Since February 2015, officers from the participating Councils had been engaged in three workshops, numerous Director meetings including two Leaders updates.  Economic Development portfolio holders have also met to ensure there was a collective understanding across the region on progress.  At the beginning of March 2015 KPMG had been appointed by the partnership to assist in the development of the prospectus and initial development of the bid.  KPMG had significant experience in developing successful City deals and had supported all of the major City Deal bids to date.  As a result of their engagement the partnership had been able to make significant progress with the various aspects including the development of key objectives and Programme Minima, economic prioritisation, funding and finance and the size of the fund.  The approach the partnership was currently taking was split into four distinct phases or ‘Gateways’.  There was no obligation on any authority to commit to the process any further that it felt appropriate and the Council had the opportunity to withdraw at any stage. The Council had already committed to being involved in Gateway One.  This had resulted in the development of the Business Case or ‘Prospectus’ and the activity identified above.  The partnership had now progressed to where it was almost ready to progress to Gateway 2 which would include testing of the economic modelling, refine the list of projects, develop funding scenarios and engage with potential partners and government.  Members generally welcomed the progress to date and noted that a mechanism would be devised to allow Members to provide input to the list of possible projects.

         DECISION

         AGREED:-

         (a)      to note the progress to date in developing a City Region Deal;

          (b)     to approves the approach undertaken to developing the City Region Deal with respect to:

                   (i)      Key Objective and Programme Minima

                   (ii)     Each Local Authority investing in its own projects

          (c)     that the Council should continue to participate in developing a bid to UK and Scottish governments;

          (d)     that a contribution from the Council of up to £60,000 should be made available to support the further development of the business case;

          (e)     subject to (d) above,  to delegate authority to the Service Director Strategy and Policy in consultation with the Economic Development Portfolio holder authority to approve stage 2 tender award; and

          (f)      that officers should bring a further report to the Executive Committee (or to the Council if there were significant issues for consideration) once the shortlist of infrastructure projects had been agreed across the City Region.

Early Retirement and Voluntary Severance.  Consider reports by Chief Executive seeking approval for members of staff who have requested early retirement and voluntary severance:-

(a)   Non teaching staff; and

(b)   Teaching staff.  (Copies attached.)

10.1  There had been circulated copies of a report by the Chief Executive seeking approval for 15 members of staff who had requested early retirement and voluntary severance.  If all 15 applications were approved, a total one-off cost of £516,051 would be incurred.  In total, £320,763 of direct recurring employee cost savings would be delivered each year.  The average payback period for all staff was 1.61 years. 

         DECISION

         AGREED to approve the 15 current proposed applications as detailed in the appendix to the report with associated costs of £516,051 being met from the voluntary severance/early retirement budget which totalled £718,000.

10.2  There had been circulated copies of a report by the Chief Executive seeking approval for 38 teaching members of staff who had requested early retirement and voluntary severance.  The report explained that the ERVS Scheme had only recently been extended to include teaching staff. Of the supported applications 27 had opted for a one off severance payment and 11 had opted for a compensatory pension payment.  If all 27 applications for severance were approved, total one-off costs of £749,539 would be incurred with year 1 employee cost savings of £503,112 being delivered, demonstrating an average payback period of 1.49 years.  If all 11 applications for compensatory pension payment were approved, total one-off costs of £48,201 would be incurred with an annual recurring cost of £16,840, delivering year 1 employee cost savings of £217,722. 

         DECISION

         AGREED to approve the 38 teaching applications as detailed in Appendix 1 to the report with the associated costs being met from the balance of the Voluntary Severance/ Early Retirement budget for 2015/16 of £201,949, a departmental contribution of £200,000 and the balance of £395,791 from identified corporate funding.

Consider report by Chief Executive seeking approval for a proposed response to the Local Government Boundary Commission for Scotland’s proposals for wards in the Scottish Borders Council area.  (Copy attached of (a) Note of Members Sounding Board and (b) report.)

With reference to paragraph to paragraph 16 of the Minute of 2 April 2015, there had been circulated copies of a report by the Chief Executive seeking approval for a proposed response to the Local Government Boundary Commission for Scotland’s proposals for wards in the Scottish Borders Council area.  Copies had also been circulated of the Note of the Meeting of the Members’ Sounding Board which had been held on 23 April 2015.  The report explained that the current proposals by the Local Government Boundary Commission for Scotland for the Scottish Borders Council area presented an electoral arrangement for 32 Councillors representing 8 x 3-member wards and 2 x 4-member wards, reducing the number of wards in the area by 1 and reducing Councillor numbers by 2.  Appendix 1 to the report detailed the electorates and associated variation from parity of the proposed Wards, and gave details of the Commission’s new Ward proposals, in particular Jedburgh, Denholm & Hermitage and Hawick.  The proposals removed the existing Hawick & Denholm and Hawick & Hermitage Wards, placing Newcastleton and Denholm (and surrounding areas) into a new Jedburgh, Denholm & Hermitage Ward.  A minor change was also proposed moving around 80 electors from Charlesfield from the Jedburgh Ward into the Selkirkshire Ward, with the detail of this change in boundary given in Appendix 2 to the report.  The Commission had made it clear that parity of electors to Councillors was the main determinant for Councillor numbers and ward design.  This had been used to develop a response for the Council, proposing a different configuration of Wards, retaining Newcastleton in a Hawick Ward.  Details of this were given in Appendix 3 to the report.  Consideration had been given to including Denholm in the Hawick Ward but this was not being recommended as it would take the total electorate for that Ward 20% above parity.  Two minor amendments to address some inconsistencies in the current ward boundaries which had not been covered by the Boundary Commission proposals at New Horndean Farm and Stichill Home Farm and Stables were also proposed.  Members discussed the proposals in detail including the issue of electoral parity; geographic and historic connections between settlements, with reference to Hawick, Denholm, Newcastleton and Hornshole; and the following Motions were put forward and voted on:-

         VOTES

         Councillor Parker, seconded by Councillor Mitchell, moved approval of the recommendations as contained in the report subject to the inclusion of the amendment relating to Stichill Home Farm and Stichill Stables.

         Councillor Smith, seconded by Councillor Paterson, moved as an amendment that recommendation 2.1(c) and the part of (d) relating to Hawick, be replaced with “Scottish Borders Council request the Boundary Commission to review their proposals for the current Wards 10 and 11, as the present proposals ran counter to the Commission’s own guidelines on the breaking of local ties and on easily identifiable boundaries, and consequently could not be supported by the Community or its representatives.”

          Councillor McAteer, seconded by Councillor Marshall, moved as a further amendment that recommendations 2.1(c  ...  view the full minutes text for item 11.

12.1   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.

12.2   MOTION BY COUNCILLOR AITCHISON

          Councillor Aitchison, seconded by Councillor Fullarton, moved that “Scottish Borders Council request that the Royal National Lifeboat Institution review its decision to close the lifeboat station at St Abbs until discussion had taken place with all interested parties including Scottish Borders Council and the local community.”  The Motion was unanimously approved.

          DECISION

          AGREED that the Royal National Lifeboat Institution be requested to review its decision to close the lifeboat station at St Abbs until discussion had taken place with all interested parties including Scottish Borders Council and the local community.

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

1.       The private section of the Council Minute of 2 April 2015 was approved. 

Committee Minutes

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

Consider private Section of Scottish Borders Council Meeting held on:-

2 April 2015                                                                           Pages 121-123

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

(a)      Executive (Education)                24 March 2015         Page  125

(b)      Planning & Building Standards   30 March 2015         Page  127

(c)      Executive (Finance)                   21 April 2015            Pages 129-130

(d)      Executive (Economic Dev.)       12 May 2015            Page   131