Agenda and minutes
PDF 188 KBVenue: Council Chamber, Council Headquarters, Newtown St. Boswells
Contact: Louise McGeoch Tel 01835 825005 email lmcgeoch@scotborders.gov.uk
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Convener's Remarks. Minutes: 1.1 The Convener congratulated Peter Handley from Kelso who had received the Health Walk Volunteer of the Year Award and Ian Gibb and Tom McGhee from Earlston Paths Group who had received the Community Path Volunteer of the Year Award at the recent Volunteer Awards 2015. He also congratulated Councillor Mountford on his appointment as Chairman of SBHA.
DECISION AGREED that congratulations be passed to those concerned.
1.2 The Convener read out a letter that he had received from the Lord-Lieutenant of Roxburgh, Ettrick and Lauderdale thanking the Council on behalf of Her Majesty the Queen for the major part the Council had played in Her recent visit to open the new Borders Railway at Tweedbank.
DECISION NOTED.
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Consider Minute of Scottish Borders Council held on 27 August 2015 for approval and signing by the Convener. (Copy attached.) Minutes: The Minute of the Meeting held on 27 August 2015 was considered.
DECISION AGREED that the Minute be approved and signed by the Convener.
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Consider Minutes of the following Committees:-
(a) Health & Social Care Joint Integration Board 10 August 2015 (b) Local Review Body 17 August 2015 (c) Executive 18 August 2015 (d) Hawick Common Good Fund 18 August 2015 (e) Teviot & Liddesdale Area Forum 18 August 2015 (f) Scrutiny 20 August 2015 (g) Galashiels Common Good Fund 20 August 2015 (h) Eildon Area Forum 20 August 2015 (i) Civic Government Licensing 21 August 2015 (j) Police, Fire & Rescue and Safer Communities Board 28 August 2015 (k) Executive 1 September 2015 (l) Selkirk Common Good Fund 1 September 2015 (m) Tweeddale Area Forum 2 September 2015 (n) Pension Fund 3 September 2015 (o) Pension Fund Board 3 September 2015 (p) Duns Common Good Fund 3 September 2015 (q) Berwickshire Area Forum 3 September 2015 (r) Planning & Building Standards 7 September 2015 (s) Executive 15 September 2015 (t) Teviot & Liddesdale Area Forum 15 September 2015 (u) Hawick Common Good Fund 16 September 2015 (v) Jedburgh Common Good Fund 16 September 2015 (w) Kelso Common Good Fund 16 September 2015 (x) Cheviot Area Forum 16 September 2015
(Please see separate supplement containing Committee Minutes. Items requiring Council approval attached herewith.) Additional documents:
Minutes: 3.1 The Minutes of the following Committees had been circulated:- Health & Social Care Joint Integration Board 10 August 2015 Local Review Body 17 August 2015 Executive 18 August 2015 Hawick Common Good Fund 18 August 2015 Teviot & Liddesdale Area Forum 18 August 2015 Scrutiny 20 August 2015 Galashiels Common Good Fund 20 August 2015 Eildon Area Forum 20 August 2015 Civic Government Licensing 21 August 2015 Police, Fire & Rescue and Safer Communities Board 28 August 2015 Executive 1 September 2015 Selkirk Common Good Fund 1 September 2015 Tweeddale Area Forum 2 September 2015 Pension Fund 3 September 2015 Pension Fund Board 3 September 2015 Duns Common Good Fund 3 September 2015 Berwickshire Area Forum 3 September 2015 Planning & Building Standards 7 September 2015 Executive 15 September 2015 Teviot & Liddesdale Area Forum 15 September 2015 Hawick Common Good Fund 16 September 2015 Jedburgh Common Good Fund 16 September 2015 Kelso Common Good Fund 16 September 2015 Cheviot Area Forum 16 September 2015
DECISION APPROVED the Minutes listed above subject to paragraphs 3.1 to 3.3 below.
3.2 SCRUTINY COMMITTEE With reference to paragraph 2 of the Minute of the Scrutiny Committee of 20 August 2015, it was recommended that Scottish Borders Council write to the Scottish Government requesting that the 1980 Scotland Education Act be amended to give Local Authorities the power to enforce Section 37 of the Act in order to ensure that children who were being home schooled received a satisfactory education appropriate to their age and aptitude. The Leader suggested that a report on this matter be considered by the Executive Committee (Education Theme) before any further action was taken and following discussion this was agreed.
DECISION AGREED that a report be submitted to the Executive Committee (Education Theme) in advance of any letter to the Scottish Government regarding Home Schooling.
3.3 POLICE, FIRE & RESCUE AND SAFER COMMUNITIES BOARD With reference to paragraph 4.3 of the Minute of the Police, Fire & Rescue and Safer Communities Board of 28 August 2015, it was recommended thata report be prepared for the Council on the Future of the Pathways Project and that Officers would promote the young drivers initiative and a communications plan would be put together to ensure all avenues of communication were covered.
DECISION AGREED to approve the recommendation detailed above.
3.4 TWEEDDALE AREA FORUM With reference to paragraph 13 of the Minute of Tweeddale Area Forum of 2 September 2015, it was recommended that representations be made to the Scottish Government asking if, following the resignation of the Chief Constable, consideration be given to reviewing Policing in this area and in Scotland in general with a view to ensuring greater accountability.
DECISION AGREED to approve the recommendation detailed above.
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Minutes: The questions submitted by Councillors McAteer, Logan, Brown and Fullarton were answered.
DECISION NOTED the replies as detailed in Appendix I to this Minute.
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Integrated Culture and Sport Trust Feasibility Consider report by Corporate Transformation and Services Director detailing the outcome of dialogue with Borders Sport and Leisure Trust (BSLT) on the feasibility of an Integrated Culture and Sport Trust and seeks approval for the formation of an Integrated Culture and Sport Trust with BSLT. (Copy attached.) Additional documents: Minutes: With reference to paragraph 7 of the Minute of 25 June 2015, there had been circulated copies of a report by the Corporate Transformation and Services Director detailingthe outcome of dialogue with Borders Sport and Leisure Trust (BSLT) on the feasibility of an Integrated Culture and Sport Trust and seeking approval for the formation of an Integrated Culture and Sport Trust with BSLT. The report explained that the Feasibility Study had been undertaken jointly by officers from SBC and BSLT. The team worked closely with a Reference Group comprising six Elected Members, 2 of whom were also BSLT Trustees from SBC, along with two other BSLT Trustees. The Feasibility Study was appended to the report and it concluded that an Integrated Trust should be formed to support improved delivery of outcomes making BSLT and Cultural Services stronger together. There were a number of critical factors which would be required to ensure the success of the Trust and these included:-
· Strong leadership from Trustees, Elected Members and senior management of BSLT and SBC to drive forward the actions necessary to make the implementation and operation of an Integrated Trust a success · A strong long-term partnership relationship between BSLT and SBC · A positive attitude amongst all parties to make the Integrated Trust a success · Trustees should consider an appropriate name for the Integrated Trust to reassure all stakeholders, including staff, that Culture was given appropriate focus · Sufficiently funded to succeed as a strong and sustainable business for the future The Director reassured Members that the formation of a Trust would not affect the ownership of heritage collections. Members discussed the proposal and thanked staff for their positive input into the process. The need to protect Community Centres and maintain their current autonomy was highlighted. An assurance was also given that the cataloguing of collections would continue and that confirmation would be made soon on those buildings owned by Common Goods. The continuation of the Member Officer Working Group was supported.
DECISION AGREED:-
(a) to note the findings of the feasibility report;
(b) to the formation of an Integrated Culture and Sport Trust with Borders Sport and Leisure Trust;
(c) that the Chief Executive, Corporate Transformation & Services Director and Chief Financial Officer, in consultation with the Council Leader, the Deputy Leaders and Executive Member for Culture & Sport, be authorised to work with BSLT to complete all necessary due diligence processes and develop the necessary agreements to facilitate the successful transfer to the Trust of the agreed services, facilities and staff with an anticipated go-live date of 1 April 2016;
(d) that the proposed Performance Management Framework for BSLT (including for Community Centres) with effect from 1 April 2016 be brought back to the Executive Committee for approval no later than 8 March 2016;
(e) to note consultation with key staff and trade unions would continue throughout the transfer process along with appropriate engagement with key stakeholders and the community;
(f) to recommend to the Community Planning Strategic Board to adopt ... view the full minutes text for item 5. |
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Corporate Plan - Mid Point Review Consider report by Chief Executive on progress made in working towards the eight corporate priorities stated within the Council’s Corporate Plan, approved in April 2013. (Copy attached.) Additional documents: Minutes: With reference to paragraph 7 of the Minute of 25 April 2015, there had been circulated copies of a report by the Chief Executive providing an update on progress made in working towards the eight corporate priorities stated within the Council’s Corporate Plan, approved in April 2013. It also proposed an updated Corporate Plan which included a summary of priorities for the coming years and an updated Performance Management Framework. The report explained that the internal and external context had changed significantly and as such a revised Corporate Plan was proposed, a copy of which was contained in Appendix 1 to the report. The revised edition still focused on the same vision, values and priorities, with only a slight change of wording to Priority 2, to reflect changes to service priorities within the Children and Young People’s Service Directorate and a focus on inclusion. Against each of the 8 Corporate Priorities, Scottish Borders Council could demonstrate that significant progress had been made, either through ongoing performance improvement or through the delivery of key pieces of work or projects that contributed to each priority. Annex 1 within the Appendix provided an Executive summary as well as a more detailed look at each of the 8 priorities. There were two annexes to the 2013 Corporate Plan (Annex 1: Delivering against our Priorities, and Annex 2: Performance Management Framework) and again, revisions to both were proposed in Appendix 1 to reflect the changing local and national context, progress made, priorities for the future, and reporting arrangements. Members discussed the report and asked that on the page headed “Current Challenges” within the “Our workforce” section the word “senior” before “staff” be deleted. A more explicit mention of the relationship with the Voluntary Sector, particularly in terms of services provided for children and families, was also requested.
DECISION AGREED to:-
(a) note the progress made in working towards the corporate priorities, detailed in Appendix 1 (Annex 1) to the report;
(b) approve the new wording of Corporate Priority 2 – “Improving attainment and achievement levels for all our children and young people, ensuring an inclusive approach”; and
(c) note the amendments made to the Performance Management Framework, contained in Appendix 1 (Annex 2) to the report, to reflect and respond to internal and external changes.
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Health and Social Care Integration Strategic Plan Consider report by Chief Officer Health & Social Care Integration. (Copy draft plan and booklet attached.) Additional documents: Minutes: There had been circulated copies of the draft Strategic Plan 2016-2019 for the Scottish Borders Health and Social Care Partnership together with a copy of the draft easy read booklet. The Chief Officer Health and Social Care Integration advised that the document was in the consultation phase with stakeholders and the public, and now included a section on how success would be measured. The Depute Leader (Health Services) advised that the document had already been commended by the NHS and encouraged Members to submit any comments. The final version would be brought to Council in the New Year.
DECISION NOTED the draft Plan.
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Chief Social Worker Annual Report Consider report by the Chief Social Worker onthe work undertaken on the behalf of the Council by her in the statutory role of Chief Social Work Officer. (Copy attached.) Additional documents: Minutes: There had been circulated copies of a report by the Chief Social Worker containing the eighth annual report on the work undertaken on behalf of the Council in the statutory role of Chief Social Work Officer (CSWO). The CSWO report, attached as Appendix A to the 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 2014 to March 2015, and highlighted some of the key challenges for Social Work for the coming year. The report explained that 2014 has been a period of consolidation of the new governance arrangements for Social Work in Scottish Borders Council. However, there had been significant changes including the continuing implementation of Self Directed Support and further work to fully implement legislation to integrate Adult Health and Social Care Services and the Children and Young People’s Bill. Public Protection arrangements had continued to be a high priority for the Council during this period. There had been a number of achievements including ongoing improvements in the discharge process that had enabled people to move to appropriate care settings in a timely way. The implementation of Getting It Right For Every Child was well under way and the Early Years agenda was well advanced. Processes for Self Directed Support were in place to provide service users and carers greater say in choice and the management of their care arrangements and over 300 people were now using this approach. Challenges facing Social Work for 2015/16 were identified which include work to maintain the quality of the social care provision, recruitment and retention of Social Care Staff across all sectors, ongoing financial constraints and introducing new arrangements for children and young people including the named person. Work was also progressing for the implementation of the new arrangements for Community Justice.
DECISION AGREED to approve the report of the Chief Social Work Officer. |
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Statement of Accounts and Annual Report 2014/15 Consider the annual audit report from the Council’s External Auditors, KPMG on the Statement of Accounts for 2014/15 together with report from the Chief Financial Officer and Annual Accounts. (Copies (i) - (iii) attached.) Additional documents:
Minutes: 9.1 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 2014/15. It was noted that these had been approved by the Executive Committee on 29 September 2015 to meet the necessary legislative requirements. The Leader paid tribute to the officers involved in the preparation of the accounts and noted that the accounts were improving each year. Councillor Ballantyne as Chairman of the Audit and Risk Committee commented on that Committee’s review of the accounts and echoed the Leader’s comments. She further highlighted that the accounts had received an unqualified statement from the Auditors and commented on the improved format which made the accounts easier to read.
DECISION NOTED the Scottish Borders Council’s Audited Annual Accounts for the year to 31 March 2015.
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Group and Subsidiary Body Accounts 2014/15 Consider annual audit reports by the Council’s External Auditors, KPMG on the following Group and Subsidiary Body Accounts:-
(i) SBC Common Good Funds (ii) SBC Welfare Trust (iii) SBC Education Trust (iv) SBC Community Enhancement Trust (v) Thomas Howden Wildlife Trust (vi) Ormiston Institution (vii) SBC Charity Funds (viii) Bridge Homes LLP
(Copies attached.)
Additional documents:
Minutes: There had been circulated copies of the Annual Accounts for the following Group and Subsidiary Bodies:-
(a) SBC Common Good Funds (b) SBC Welfare Trust (c) SBC Education Trust (d) SBC Community Enhancement Trust (e) Thomas Howden Wildlife Trust (f) Ormiston Institution (g) SBC Charity Funds (h) Bridge Homes LLP
It was noted that these had also been approved by the Executive Committee on 29 September 2015.
DECISION NOTED the Audited Annual Accounts for the year to 31 March 2015 in respect of the group and subsidiary bodies listed above.
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Pension Fund Annual Report and Accounts 2014/15 Consider the annual audit report from the Council’s External Auditors, KPMG on the Scottish Borders Council Pension Fund 2014/15 together with report by the Chief Financial Officer and Annual report and Financial Statement. (Copies (i)-(iii) attached.)
Additional documents:
Minutes: 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 2014/15 in respect of the Council’s Pension Fund. It was noted that these had also been approved by the Executive Committee on 29 September 2015 to meet the necessary legislative requirements. Councillor White as Chairman of the Pension Fund Committee commented on the performance of the Fund which had now reached £0.5 billion for the first time. The overall fund performance was 11.8% and had outperformed the benchmark. Councillor White also thanked officers for their work in this area.
DECISION NOTED the audited Scottish Borders Council Pension Fund Annual Report and Accounts 2014/15.
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Annual Report on Treasury Management 2014/15 Consider report by Chief Financial Officer on the annual report of treasury management activities undertaken during the 2014/15 financial year. (Copy attached.)
Additional documents: Minutes: With reference to paragraph 6 of the Minute of 20 November 2014, there had been circulated copies of a report by the Chief Financial Officer containing the annual report of treasury management activities undertaken during the 2014/15 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 November 2014. 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 2015.
DECISION AGREED:-
(a) to note that treasury management activity in the year to 31 March 2015 had been carried out in compliance with the approved Treasury Management Strategy Policy; and
(b) the annual report of Treasury Management activities for 2014/15 as detailed in Appendix 1 to the report.
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Consider report by Chief Internal Auditor seeking approval for the appointment of a Selection Committee for the purpose of interviewing, selecting and appointing persons for the positions of external member of the Audit and Risk Committee. (Copy attached.) Minutes: There had been circulated copies of a report by the Chief Officer Audit and Risk seeking approval for the appointment of a Selection Committee for the purpose of interviewing, selecting and appointing persons for the positions of external member of the Audit and Risk Committee. The report explained that the Council had had two external members on its Audit and Risk Committee since 2002 to improve independence and objectivity and to ensure that the Audit and Risk Committee’s role in the scrutiny process was robust. The independence of the Audit and Risk Committee has been recognised by external inspection agencies over the years most notably within the Best Value reports on Scottish Borders Council. The appointment of the existing external members of the Audit and Risk Committee would end on 31 October 2015. There was currently one vacancy and a formal recruitment process was underway. The one existing external member had indicated his interest in being re-appointed. The appointment of external members of the Audit and Risk Committee would be for a fixed period to 31 October 2018. Approval was sought for the appointment of a Selection Committee for the purpose of interviewing, selecting and appointing persons as external members of the Audit and Risk Committee comprising the Convener, the Chairman of the Audit and Risk Committee and the Depute Leader (Finance). The Leader suggested that Councillor Nicol also be part of the Committee and following discussion this was approved.
DECISION AGREED to appoint a Selection Committee, comprising the Chairman of the Audit and Risk Committee, the Convener, the Depute Leader (Finance) and Councillor Nicol for the purpose of interviewing, selecting and appointing persons as external members of the Audit and Risk Committee. |
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Membership of the Licensing Board and the Civic Government Licensing Committee Consider joint report by the Director Corporate Transformation and Services and Service Director Regulatory Services on the outcome of a review of the membership of the Licensing Board and the Civic Government Licensing Committee. (Copy attached.) Minutes: With reference to paragraph 11 of the Minute of 20 November 2014, there had been circulated copies of a joint report by the Corporate Transformation and Services Director and the Service Director Regulatory Services detailing the outcome of a review of the membership of the Licensing Board and the Civic Government Licensing Committee and gives options for the number of Members of the Board and Committee. The report explained that a review of licensing had been undertaken to consider the appropriate number of members on both the Civic Government Licensing Committee and the Licensing Board. The 2 bodies were governed by different sets of legislation so could be combined. In terms of membership of Licensing Boards and Civic Government Licensing Committees (or equivalent) in other local authorities, there was a wide variation across Scotland and Appendix 1 to the report gave details of the number of members on each of these. Nationally, while there was a slight correlation with the number of members of Licensing Boards, there is no discernible pattern in membership numbers for the Committees which dealt with Civic Government Licensing. Each Council had taken a decision on numbers based on its own local requirements and circumstances. As there was not a specific national pattern of membership numbers on either Licensing Boards or Civic Government Licensing Committees, the current number of members on Scottish Borders Council’s Board and Committee was not out of place. It was therefore for Scottish Borders Council to choose the appropriate number of members of a particular body (albeit in line with legislation), to ensure quality decisions were made, following due process. One option would be to leave the size of the Board and Committee unchanged. Another would be to reduce the number of members of the Civic Government Licensing Committee to 10 to match the number on the Licensing Board. A further option would be, given the generally positive reaction to the reduction in numbers on the Planning and Building Standards Committee and the Local Review Body, to reduce the number of members of both the Licensing Board and the Civic Government Licensing Committee to 9.
VOTE Councillor Parker, seconded by Councillor Logan, moved the option to reduce the number of members of the Civic Government Licensing Committee to 10 to match the number on the Licensing Board.
Councillor Ballantyne, seconded by Councillor Scott, Moved as amendment the optionto reduce the number of members of both the Licensing Board and the Civic Government Licensing Committee to 9.
On a show of hand Members voted as follows:-
Motion - 15 votes Amendment - 4 votes
The Motion was accordingly carried.
DECISION DECIDED to reduce the number of members of the Civic Government Licensing Committee to 10 to match the number on the Licensing Board. |
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Motion by Councillor Ballantyne Consider Motion by Councillor Ballantyne in the following terms:-
"That prior to the signing of any contracts to construct a building in Tweedbank to house the Great Tapestry of Scotland that a paper is brought to council detailing the Trust agreement that is to be put into place and specifying the intellectual property arrangements for the tapestry itself and all marketing, promotional and gift materials associated with it, recognising that this is an essential requirement to ensure that the interests and investment of Scottish Borders Council are recognised and protected." Minutes: Councillor Ballantyne, seconded by Councillor Scott, submitted alternative wording in respect of her Motion as follows:-
“The paper on the Great Tapestry of Scotland, due to be brought to Council pursuant to the decision of 18 December 2014, should be brought to Council prior to the signing of construction contracts and should specifically cover matters relating to the intellectual property arrangements for the Tapestry itself and all marketing, promotional and gift materials associated with it, recognising that this was an essential requirement to ensure that the interests and investment of Scottish Borders Council were recognised and protected.”
There was a short recess while advice was taken from Officers regarding the competency of the amendment. The amendment was then accepted and Councillor Ballantyne spoke in support of her Motion and highlighted that the main purpose was to ensure that the final arrangements worked for both parties. In response to a question from the Leader, the Chief Executive advised on the impact of the Motion should it be approved and that it could affect the letting of the contracts. The PQQ had already been issued and it was expected that the tender would be awarded within the next 2-3 months.
Councillor Parker, seconded by Councillor Cook, moved as an amendment as follows:-
“The paper on the Great Tapestry of Scotland, due to be brought to Council pursuant to the decision of 18 December 2014, should specifically cover matters relating to the intellectual property arrangements for the Tapestry itself and all marketing, promotional and gift materials associated with it, recognising that this was an essential requirement to ensure that the interests and investment of Scottish Borders Council were recognised and protected.”
VOTE On a show of hands Members voted as follows:-
Motion - 8 Amendment - 16
The amendment was accordingly carried.
DECISION DECIDED that the paper on the Great Tapestry of Scotland, due to be brought to Council pursuant to the decision of 18 December 2014, should specifically cover matters relating to the intellectual property arrangements for the Tapestry itself and all marketing, promotional and gift materials associated with it, recognising that this was an essential requirement to ensure that the interests and investment of Scottish Borders Council were recognised and protected. |
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Private Business 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.”
Minutes: 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
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Minute Consider private Section of the Minute of the meeting held on 27 August 2015. (Copy attached.) Minutes: The private section of the Council Minute of 27 August 2015 was approved. |
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Committee Minutes Consider private Sections of the Minutes of the following Committees:-
(a) Executive 18 August 2015 (b) Hawick Common Good Fund 18 August 2015 (c) Civic Government Licensing 21 August 2015 (d) Executive 1 September 2015 (e) Selkirk Common Good Fund 1 September 2015 (f) Pension Fund 3 September 2015 (g) Hawick Common Good Fund 16 September 2015
(Please see separate supplement containing Private Committee Minutes.)
Minutes: |