Agenda and minutes

The Convener congratulated the following:-

·                All the agencies and volunteers for their hard work during the recent flooding in Hawick and continued help with the clear-up operation.  He also advised that a letter had been received from HM The Queen passing on her sympathy to all those affected and thanks to all those who had helped;

·                Tony Hope, Lynn Kellet and Charlotte Gosling of the Council’s cleaning services on being named overall winner at the recent Borders Business Diversity Awards;

·                Jan Pringle, Burnfoot Community trust, Sam Coe, Cameron Architects and Sandra Blacklock, SBC Procurement Business Partner on receiving the Government Opportunity (GO) Award for Sustainability in Procurement which recognised the partnership approach relating to the new Burnfoot Community Hub;

·                Councillor David Parker on receiving the Scottish Local Politian of the Year Award in recognition of his contribution to bringing the railway back to the Borders.

DECISION

AGREED that congratulations be passed to all those concerned.

Consider report by the Chief Executive providing an update on the fundraising activity associated with the opening of the Borders Railway.  (Copy attached.)

There had been circulated copies of a report by the Chief Executive providing an update on the fundraising activity associated with the opening of the Borders Railway.  The Leader reported on the various fundraising events which had been held with the Charity Partner, Radio Borders Cash for Kids.  He advised that 837 children in the Scottish Borders would receive a Christmas present this year as a result of the charity.  Councillor Parker then presented a cheque for £14,177.15 to Candy Rafferty and Lynsey Graham representing Radio Borders.

DECISION

AGREED:-

(a)     to thank all those involved with the fund raising activity surrounding the opening of the Borders Railway;

(b)     to thank Morrison Construction and ScotRail for their financial sponsorship of the events to commemorate the opening of the Borders Railway;

(c)     to note the total funding raised so far of £13,669.07;

(d)     that a payment of £10,005.92 would be made to Radio Borders Cash for Kids representing the remaining balance of the donation to be made to date; and

(e)     that all proceeds raised from the Mission Christmas events on 12^th and 13^th of December 2015 would be paid to Radio Borders Cash for Kids.

Consider Minute of Scottish Borders Council held on 12 November 2015 for approval and signing by the Convener.  (Copy attached.)

The Minute of the Meeting held on 12 November 2015 was considered. 

DECISION

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

(a)     Health & Social Care Joint Integration     12 October 2015

(b)     Galashiels Common Good Fund              5 November 2015

(c)     Eildon Area Forum                                    5 November 2015

(d)     LLP Strategic Governance Group            10 November 2015

(e)     Standards                                                  12 November 2015

(f)      Police, Fire & Rescue and Safer

          Communities Board                                  13 November 2015

(g)     Executive                                                  17 November 2015

(h)     Hawick Common Good Fund                  17 November 2015

(i)      Teviot & Liddesdale Area Forum              17 November 2015

(j)      Civic Government Licensing                    20 November 2015

(k)     Audit & Risk                                              23 November 2015

(l)      Scrutiny                                                     26 November 2015

(m)    Community Planning Strategic Board      26 November 2015

(n)     Executive                                                  1 December 2015

(o)     Selkirk Common Good Fund                   1 December 2015  

(Please see separate supplement containing Committee Minutes.)

The Minutes of the following Committees had been circulated:-

Health & Social Care Joint Integration               12 October 2015

Galashiels Common Good Fund                       5 November 2015

Eildon Area Forum                                             5 November 2015

LLP Strategic Governance Group                     10 November 2015

Standards                                                           12 November 2015

Executive                                                           17 November 2015

Hawick Common Good Fund                            17 November 2015

Teviot & Liddesdale Area Forum                       17 November 2015

Civic Government Licensing                              20 November 2015

Scrutiny                                                              26 November 2015

Executive                                                           1 December 2015

Selkirk Common Good Fund                             1 December 2015  

DECISION

APPROVED the Minutes listed above.

The questions submitted by Councillors Mountford and Logan were answered. 

DECISION

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

Presentation by Chairman and Chief Executive of NHS Borders.

The Convener welcomed Mr John Raine, Chairman, and Ms Jane Davidson, Chief Executive, of NHS Borders to the meeting.  Mr Raine reported on the current areas of review within NHS Borders.  These included the Clinical Services review which had various workstreams dealing with the operation of the Borders General Hospital.  It was hoped to improve the flow of patients, improve critical care functions and outreach work.  The use of locality based care was being examined and it was hope to improve clinician productivity to allow more face-to-face time with patients.  Models of care being used in other areas were also being reviewed.  A public engagement “Health in Your Hands” was being undertaken to find out what services were important to people.  Following the recent annual performance review a letter had been received from the Cabinet Secretary which was largely complimentary and the 7 requirements arising from the health care environment audit of operating theatres had now been met.  However, there was still room for improvement as the Board had recently received two damning reports from the Ombudsman.  These were an area of concern and it had to be acknowledged that while it was good to be achieving targets good person centric care was also a priority.  The Cabinet Secretary had also acknowledged the solid progress being made in terms of the integration of health and social care.  Ms Davidson commented on her experiences since being appointed in July and the importance of the Council and NHS working together for the good of the community.  Mr Raine and Ms Davidson answered Members questions on health funding and local treatment of patients.  The Convener thanked them for their attendance.

DECISION

NOTED.

Consider report by Interim Joint Director of Public Health.  (Copy attached.)

There had been circulated copies of the Public Health Report for 2015 which had been prepared by the Interim Joint Director of Public Health.  The report aimed to provide timely and easily accessible information about health trends that identified key areas on which to focus preventative measures and develop health policies and strategies and to increase public and stakeholder understanding of the health of the population and the factors that affected it.  The report summarised the key health data at different stages of the life course starting with local health outcomes for children and moving through adulthood to old age. Specific population topics and health inequalities were also highlighted together with the challenges for the Borders community in 2016.  Dr Patterson commented on the main issues of obesity, alcohol, elderly and health inequalities, and advised that while smoking numbers were going down obesity was rising.

DECISION

NOTED the Public Health Report for 2016.

Consider report by Service Director Regulatory Services on the response to the proposed modifications arising from the Examination Report into the Proposed Local Development Plan, and to take forward the Local Development Plan as amended to formal adoption.  (Copy attached of report and Appendix B.  Appendix A is not attached but can be viewed as detailed in the report.  Appendix C forms a separate supplement to this agenda.)

With reference to paragraph 10 of the Minute of 25 September 2015, there had been circulated copies of a report by the Service Director Regulatory Services seeking agreement to the response to the proposed modifications arising from the Examination Report into the Proposed Local Development Plan, and to take forward the Local Development Plan as amended to formal adoption.  The report explained that the Council had now received the Examination Report on the Proposed Local Development Plan following a number of delays.  The Examination Report proposed modifications to the Plan, most significantly in relation to renewables policy and the supply of housing land.  Whilst officers did not agree with the proposed modifications on these two matters, it was not considered that there was sufficient legal basis for the Council to decline to accept them.  The Council was therefore recommended to accept the Reporter recommendations in full, and to proceed towards formal adoption of the Local Development Plan following the required process as set out in the report.  Members expressed concern that the Reporter seemed to have ignored the Council’s views and not taken account of the local context when applying Government policy.  The following amendments to the wording of recommendation (d) were proposed:-

·                Councillor Mountford proposed that the word “serious” be inserted before the word “concern”

·                Councillor Cook proposed that “including meeting with the Chief Planner and Chief Reported, if judged appropriate”

·                Councillor Bell proposed that Crawford Beveridge, Chairman of the Planning Review Committee also be written to

These amendments were unanimously accepted.

DECISION

AGREED:-

(a)     the response to the proposed modifications as set out in Appendix B to the report;

(b)     to take forward the Local Development Plan, as contained in Appendix C to the report, as amended by the agreed modifications, to formal adoption

(c)     to note the updates to the Environmental Assessment, theHabitats Regulation Assessment, the Equalities Impact Assessment and the Action Programme, as set out in Appendices D, E, F and G to the report; and

(d)     to write to the Government’s Chief Planner, Chief Reporter and the Chairman of the Planning Review Committee expressing serious concern on the approach taken by the Reporter on Renewable Energy policy and Housing Land provision, and on the time taken to deliver the Examination Report,  including meeting with the Chief Planner and Chief Reporter, if judged appropriate.

Consider report by Chief Executive presenting the results of the Scottish Borders Household Survey 2015.  (Copy attached.)

There had been circulated copies of a report by the Chief Executive presenting the results of the Scottish Borders Household Survey 2015. Key results from the perception-based survey were highlighted, alongside relevant performance information and links to Scottish Borders Council’s Corporate Transformation programme.  The Scottish Borders Household Survey 2015, a copy of which was appended to the report, asked questions about a range of services provided by the Council and partner organisations. There was a response rate of 41% to the paper questionnaire (2,445 responses) and an additional 261 surveys were completed on-line.  Since the 2013 Household Survey, Scottish Borders, like all councils, had faced major financial challenges and had worked hard to maintain high quality services with less resources.Some services had had to change and be reshaped and this had undoubtedly had an impact on customer satisfaction levels. However, residents were generally satisfied with the services provided to them; satisfaction levels with Scottish Borders Council remained high at 65% with the number rating the Council as ‘Excellent’ increasing. 84% of residents were satisfied with the cleanliness of the area in which they lived and 92% felt that their neighbourhood was either a ‘very good’ or ‘fairly good’ place to live. The proportion of residents who thought their area was a very good place to live had continued to rise from 52% in 2009, 54% in 2010, 55% in 2013 to 58% in 2015. The vast majority of respondents continued to report that they felt safe when alone in their area during the day (97%).  Ms Clare Malster, Strategic Community Engagement Officer, gave a presentation which highlighted the main results from the survey.  Members agreed this was an important tool to understand and obtain the views of the Borders public.

DECISION

AGREED the Household Survey results for publication and distribution.

MEMBER

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

Consider report by Service Director Neighbourhood Services on the proposed arrangements and charges for a food waste collection service from commercial premises.  (Copy attached.)

DECLARATION OF INTEREST

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

There had been circulated copies of a report by the Service Director Neighbourhood Services proposing that the Council introduce a collection of food waste from non-SBC customers, where requested, for the remainder of 2015/16 and for all commercial premises from 1^st April 2016 at the proposed charge rate set out in the report, and to the sale of biodegradable food waste liners and replacement food waste bin keys.  The report explained that in order to meet the requirements of the Waste (Scotland) Regulations 2012, the Council must, by 1^st January 2016, arrange for a food waste collection service from any commercial premise (except in rural areas) which requested it. A charge for non-SBC Commercial Waste customers was required to fulfil this legal obligation and to recover SBC costs.  Following extensive consideration of the options available and the associated impacts, it had been ascertained that existing SBC Commercial Waste customers could be provided with the service upon request at no additional cost until end March 2016.  An addendum to existing general waste contracts was being made and the condition that there was no reduction in the level of their general waste contract during this period was applied thereby resulting in no subsequent loss of income to the Council. Regular monitoring of the new commercial waste service would take place to manage the service and ensure maximum levels of customer service.  A review of other Local Authority and private sector charges had been undertaken along with an assessment of actual collection, haulage and treatment costs that would be incurred. Other Local Authority charges ranged from £2.18 to £11.99 for the uplift of a 140L wheeled bin. This review resulted in identifying the proposed charges for the new commercial service and these would form part of the 2016/17 Fees and Charges. Collection costs and tonnages would be monitored and a review carried out prior to April 2016 to ensure that proposed charges continued to cover the Council’s costs for 2016/17.  It was essential that the food waste bins were kept hygienic through the use of biodegradable liners and/or regular cleaning of the bin. The Council had therefore purchased large biodegradable food waste liners which would be made available for sale at Council Contact Centres.  In addition, where keys for the lockable lids on the bins provided were lost, these could also be purchased.

DECISION

AGREED to approve the following proposed commercial food waste collection charges with immediate effect:

(a)       The collection of food waste from non-SBC customers, where requested, for the remainder of 2015/16 and for all commercial premises from 1^st April 2016 at the below charge rate.

          Multiple collections in a week would  ...  view the full minutes text for item 10.

Consider report by Chief Executive on the proposed response to the Scottish Police Authority’s Review of Police Governance.  (Copy attached.)

There had been circulated copies of a report by the Chief Executive on the proposed response to the Scottish Police Authority’s Review of Police Governance. This review had been requested by the Cabinet Secretary for Justice and aimed to ensure that robust accountability arrangements for the future were in place.  The report explained that the Chief Executive had received a letter, a copy of which was appended to the report, dated 17 November 2015 from Mr Andrew Flanigan, Chair of the Scottish Police Authority (SPA) requesting views on the Review of Police Governance.  The deadline for replies was Wednesday, 16 December 2015 and an extension had been given in order to allow this response to be approved by Council.  The remit of the Review covered national/local relationships, scrutiny, communication, and partnership working. The proposed Council response was based on the work carried out by its Police, Fire & Rescue and Safer Communities Board. The Board had been at the forefront in expressing its concern to the Scottish Police Authority and Police Scotland about the need for the stronger accountability of policing in local areas and for more effective two-way communications between national policing and local Scrutiny Boards and local authorities.

DECISION

AGREED the response as set out in the report.

Consider report by Chief Financial Officer on the mid-year report of treasury management activities for 2015/16 and seeking approval for the revised Prudential and Treasury Management indicators.  (Copy attached.)

With reference to paragraph 4 of the Audit and Risk Committee Minute of 23 November 2015, there had been circulated copies of a report by the Chief Financial Officer presenting the mid-year report of treasury management activities for 2015/16, in line with the requirements of the CIPFA Code of Practice and seeking approval for the revised Prudential and Treasury Management indicators. The report was required as part of the Council’s treasury management control regime.  It provided a mid-year report on the Council’s treasury activity during the six month period to 30 September 2015 and demonstrated that Treasury activity in the first six months of 2015/16 had been undertaken in full compliance with the approved Treasury Strategy and Policy for the year.  Appendix 1 to the report contained an analysis of the performance against the targets set in relation to Prudential and Treasury Management Indicators, and revised estimates of these indicators in light of the 2014/15 out-turn and the latest projected out-turn for 2015/16 and sought approval of these.

DECISION

AGREED to:-

(a)     note that treasury management activity in the six months to 30 September 2015 was carried out in compliance with the approved Treasury Management Strategy and Policy; and

(b)     approve the revised Prudential and Treasury Management Indicators as detailed in Appendix 1 to the report.

Consider draft Calendar of Meetings for the period August 2016 to July 2017.  (Copy attached.)

There had been circulated copies of the draft calendar of meetings covering the period August 2016 to July 2017.

DECISION

AGREED to approve the meetings calendar, a copy of which forms Appendix II to this Minute.

Consider report by Depute Chief Executive People.  (Copy to follow.)

With reference to paragraph 4 of the Minute of 20 October 2015, there had been circulated copies of a report by the Depute Chief Executive People seeking approval for the Community Learning and Development in the Scottish Borders Strategic Plan 2015-18.  The report explained that at its meeting on 20 October 2015, the Executive Committee recommended that Scottish Borders Council receive a report for approval on the Community Learning and Development (CLD) Strategic Plan for 2015-18, which would include financial information regarding the delivery of the services to be provided.  A copy of that amended Plan was appended to the report.  The CLD local partnership which had been developed in the Scottish Borders involved CLD partners working together in each of the 9 learning communities to produce a detailed Plan for their own area.  Those 9 Plans had then been collated to provide an overarching action plan for CLD in the Scottish Borders.  The Core Objectives of the CLD Strategic Plan were to reduce inequalities and improve the wellbeing of Borders communities over the six Inequalities Themes through early intervention and prevention, building the capacity and resilience of the nine Learning Communities and the Voluntary Sector and improving partnership working.  Details were contained in the Plan for the achievement of each of the Objectives, with planned outcomes, examples of planned programmes to deliver outcomes, who would benefit, who would deliver the learning, how CLD would make a difference, and how the achievement of Objectives would be measured.

DECISION

AGREED to:-

(a)     approve the Community Learning and Development in the Scottish Borders Strategic Plan 2015 - 18; and

(b)     support the CLD Strategic Partnership to engage effectively with key CLD partners, facilitating contribution to the annual planning process with members taking an active role within the local area partnerships.

Consider Motion by Councillor Logan in the following terms:-

“The Scottish Borders Council agrees to amend the Council’s Scheme of Administration to allow the addition of three non-voting external members on the Scrutiny Committee and that these additional members will also be eligible to be non-voting members of a Scrutiny Working Group.”

Councillor Logan, seconded by Councillor Greenwell, moved the Motion as detailed on the agenda in the following terms:-

“The Scottish Borders Council agrees to amend the Council’s Scheme of Administration to allow the addition of three non-voting external members on the Scrutiny Committee and that these additional members will also be eligible to be non-voting members of a Scrutiny Working Group.”

Councillor Logan spoke to his Motion.  A number of Members expressed concern that this matter had not been discussed by the Scrutiny Committee in advance.  Councillor Archibald, seconded by Councillor Gillespie, moved as an amendment that “Scottish Borders Council should take no action in relation to the motion until the matter has been discussed in full by the Scrutiny Committee”.

VOTE

On a show of hands Members voted as follows:-

Motion             -           2 votes

Amendment     -           26 votes

The amendment was accordingly carried.

DECISION

DECIDED to take no action in relation to the motion until the matter had been discussed in full by the Scrutiny Committee.

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.

Consider private Section of Minute of Scottish Borders Council held on 12 November 2015.  (Copy attached.)

The private section of the Council Minute of 12 November 2015 was approved.

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

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

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

Members approved a report by the Corporate Transformation and Services Director on the future provision of ICT services to the Council.

Consider report by Chief Executive.  (Copy attached.)

Members approved a report by the Chief Executive on participation in the development of a City Region Deal.