Agenda and minutes
PDF 147 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: The Convener welcomed the West Linton Wasps to the Chamber. These were ten pupils from West Linton Primary School who had just been crowned winners of the Institute of Engineering and Technology’s first Lego League UK competition. The task was to find an innovative solution to the way in which waste was being dealt with in the pupils’ school or local community and they were also asked to design, build and program an autonomous Lego Mindstorms robot to tackle a series of waste-related missions. They had now been invited to compete in the Lego League World Festival in St Louis, USA next year. The Convener congratulated them on their achievement and wished them every success with their next challenge.
DECISION AGREED to congratulate both the children involved and the parents and teachers who had supported them. |
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Consider the following Minutes for approval and signing by the Convener:-
(a) 17 December 2015 (b) 11 February 2016
(Copies attached.)
Additional documents: Minutes: The Minutes of the Meetings held on 17 December 2015 and 11 February 2016 were considered.
DECISION AGREED that the Minutes be approved and signed by the Convener.
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Consider Minutes of the following Committees:-
(a) Police, Fire & Rescue and Safer Communities Board 13 November 2015 (b) Audit & Risk 23 November 2015 (c) Community Planning Strategic Board 26 November 2015 (d) Peebles Common Good Fund 2 December 2015 (e) Tweeddale Area Forum 2 December 2015 (f) Berwickshire Area Forum 3 December 2015 (g) Planning & Building Standards 7 December 2015 (h) Jedburgh Common Good Fund 9 December 2015 (i) Kelso Common Good Fund 9 December 2015 (j) Cheviot Area Forum 9 December 2015 (k) Pension Fund 10 December 2015 (l) Pension Board 10 December 2015 (m) Petitions & Deputations 10 December 2015 (n) Local Review Body 14 December 2015 (o) Health & Social Care Joint Integration Board 14 December 2015 (p) Teviot & Liddesdale Area Forum 15 December 2015 (q) Civic Government Licensing 18 December 2015 (r) Planning & Building Standards 11 January 2016 (s) Audit & Risk 18 January 2016 (t) Executive (Education Theme) 19 January 2016 (u) Teviot & Liddesdale Area Forum 19 January 2016 (v) Scrutiny 28 January 2016 (w) Planning & Building Standards 1 February 2016 (x) Executive (Economic Development Theme) 2 February 2016
(Please see the separate Supplement containing Public Committee Minutes.) Additional documents:
Minutes: The Minutes of the following Committees had been circulated:-
Police, Fire & Rescue and Safer Communities Board 13 November 2015 Audit & Risk 23 November 2015 Community Planning Strategic Board 26 November 2015 Peebles Common Good Fund 2 December 2015 Tweeddale Area Forum 2 December 2015 Berwickshire Area Forum 3 December 2015 Planning & Building Standards 7 December 2015 Jedburgh Common Good Fund 9 December 2015 Kelso Common Good Fund 9 December 2015 Cheviot Area Forum 9 December 2015 Pension Fund 10 December 2015 Petitions & Deputations 10 December 2015 Pension Board 10 December 2015 Local Review Body 14 December 2015 Health & Social Care Joint Integration Board 14 December 2015 Teviot & Liddesdale Area Forum 15 December 2015 Civic Government Licensing 18 December 2015 Planning & Building Standards 11 January 2016 Audit & Risk 18 January 2016 Executive (Education Theme) 19 January 2016 Teviot & Liddesdale Area Forum 19 January 2016 Scrutiny 28 January 2016 Planning & Building Standards 1 February 2016 Executive (Economic Development Theme) 2 February 2016
DECISION APPROVED the Minutes listed above. |
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Committee Recommendations Consider Committee recommendations. (Copy attached.) Additional documents:
Minutes: 4.1 Audit & Risk Committee 23 November 2015 With reference to paragraph 4 of the Minute of the Audit and Risk Committee of 23 November 2015, approval of Treasury Management Mid-year report was recommended. It was noted that this had already been approved by Council at their meeting on 17 December 2015.
DECISION NOTED.
4.2 With reference to paragraph 10 of the Minute of the Audit and Risk Committee of 23 November 2015, approval of the Corporate Risk Management Strategy was recommended, a copy of which had been circulated.
DECISION AGREED to approve the Corporate Risk Strategy.
4.3 Scrutiny Committee 28 January 2016 With reference to paragraph 4 of the Minute of the Scrutiny Committee of 28 January 2016, in respect of the membership of the Scrutiny Committee it was recommended that there be no additional non-voting members appointed to the Scrutiny Committee.
DECISION AGREED that there be no additional non-voting members appointed to the Scrutiny Committee.
4.4 Planning & Building Standards Committee 1 February 2016 With reference to paragraph 4 of the Minute of the Planning and Building Standards Committee of 1 February 2016, it was recommended that the public speaking protocol be amended to allow those speaking to also use a maximum of two visual aids. A copy of the amended protocol had been circulated.
DECISION AGREED that the Planning and Building Standards Public Speaking Protocol be amended to allow the use of a maximum of 2 visual aids, subject to them having been lodged a minimum of 8 days in advance of the meeting.
4.5 Audit & Risk Committee 18 January 29016 With reference to paragraph 5 of the Minute of the Audit and Risk Committee of 18 January 2016, approval was recommended that the Council reviewed its capital expenditure plans going forward to ensure they remained realistic, affordable and sustainable and that in all future capital projects, the revenue consequences of such projects be fully considered in arriving at investment decisions. It was noted that this had already been approved by Council at their meeting on 11 February 2016.
DECISION NOTED. |
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Minutes: The questions submitted by Councillors Marshall, Logan and Turnbull were answered.
DECISION NOTED the replies as detailed in Appendix I to this Minute.
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Proposals from the Social Work Charging Review Consider report by Chief Social Worker on proposed updates to the Charging Policy 2015/16 to take account of feedback on the Policy and new national guidance and legislation. (Copy attached.) Additional documents: Minutes: With reference to paragraph 7 of the Minute of 20 November 2014, there had been circulated copies of a report by the Chief Social Workerproposing updates to the Charging Policy 2015/16 to take account of feedback received on the current policy and new national guidance and legislation. The report explained that the Charging Policy had been updated on 1 April 2015 following an extensive review. The policy introduced a number of changes, including an extension of the charging policy to people using self-directed support. Given new national guidance, legislation and feedback from people on the impact of the policy it had been updated with key stakeholders and some changes had been made to the non-residential charges. The Charging Forum would continue to meet to consider and address any issues that would affect the policy. The report listed the areas where changes had been made and these updates had been incorporated into the Charging Policy for 2016/17, a copy of which was appended to the report.
DECISION AGREED to:-
(a) approve the draft Charging Policy 2016/17 and any subsequent amendments; and
(b) note the continuing work of the Charging Forum.
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New Measures to Control Dog Fouling Consider report by Service Director Neighbourhood Services outlining a new, refreshed approach to tackling dog-fouling and setting it in the context of a wider strategic approach to responsible dog ownership. (Copy attached.) Additional documents: Minutes: There had been circulated copies of a report by the Service Director Neighbourhood Services outlining a new, refreshed approach to tackling dog-fouling and setting it in the context of a wider strategic approach to responsible dog ownership. The report explained that in 2014 the Scottish Household Survey people rated animal nuisance, such as noise and dog fouling, as the most common problem in their neighbourhood and this was an increasing trend. Within the Scottish Borders there had also been an increase in the number of reports of dog fouling. The Council had a number of statutory duties relating to dogs, and in looking at the problem of dog fouling, it was essential that this was considered in the wider context of responsible dog ownership. A strategy and action plan had been developed taking this into account, a copy of which was appended to the report. Due to ongoing concerns expressed to the Council, Officers had been investigating options to enhance its environmental enforcement activities. The report outlines a proposal to appoint a private company to carry out focused enforcement activity covering both dog fouling and littering for a pilot period of twelve months. The service would be provided by a nationally established company with the deployment of 2 FTE Enforcement Officers reporting to an established management resource. Staff would be recruited locally and would be identified as Council staff. They would work on a day to day basis from Council offices and closely with Neighbourhood Operations and Safer Communities staff. They would target main problem areas for dog fouling and littering. Fixed penalties would be issued and collected using their existing technology solution. They would also prepare files for prosecution. All income collected from penalties would be retained by the company. They would also fulfil an education/awareness role by being Environmental Champions and doing work with schools. Members thanked officers for their work on this issue and supported the proposals and emphasised the importance of this issue for member for the public. The Service Director undertook to provide reports for Area Forums and to work with groups such as Community Councils and the NFU to promote these measures. She further agreed to provide a progress report to Council after the scheme had been in operation for 6 months.
DECISION AGREED to approve:-
(a) the Responsible Dog Ownership Strategy & Action Plan, as appended to the report;
(b) the trialling a new approach to enforcement through the rollout of a twelve month pilot scheme;
(c) the appointment of an external contractor for the duration of the pilot. |
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SESplan: Finance & Governance Ratification Consider report by Service Director Regulatory Services seeking ratification of SESplan budget proposals for 2016/17, and changes to the SESplan governance arrangements. (Copy attached.) Additional documents:
Minutes: There had been circulated copies of a report by the Service Director Regulatory Services, seekingratification of SESplan budget proposals for 2016/17, and changes to the SESplan governance arrangements. The report explained that the SESplan budget for 2016/17, a copy of which was appended to the report, was proposed to be set at £286,336, with each authority expected to contribute £46,550. Revised SESplan governance arrangements were also proposed, including the formalisation of the two year cycle for Convener and Vice-Convener to better relate to the Plan preparation cycle. In response to a question on the future of the student planner, the Service Director indicated that it was hoped that funding would be found to allow this post to continue.
DECISION AGREED to:-
(a) ratify the SESplan budget proposals for 2016/17;
(b) ratify the revised SESplan Governance arrangements; and
(c) note the potential for the Governance arrangements to be amended to deal with sequential and typographical errors as set out in the report.
MEMBER Councillor Mitchell left the meeting.
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Amendment to the Scheme of Administration Consider amendment to the Scheme of Administration in respect of the constitution of the Health & Social Care Integration Joint Board to allow the membership to be changed to:-
“Five Elected Members of Scottish Borders Council being:- (i) the Depute Leader (Finance) (ii) the Depute Leader (Health Service) (iii) Executive Member for Social Work (iv) two other Elected Members
and, if approved, to appoint a Member to replace Councillor Parker. Minutes: It was reported that an amendment was required to the Scheme of Administration in respect of the constitution of the Health & Social Care Integration Joint Board to allow the membership to be changed to:-
“Five Elected Members of Scottish Borders Council being:- (i) the Depute Leader (Finance) (ii) the Depute Leader (Health Service) (iii) Executive Member for Social Work (iv) two other Elected Members”
It was agreed that this amendment be approved and as a consequence Councillor Bhatia, seconded by Councillor Torrance moved that Councillor Gillespie be appointed to replace Councillor Parker on the Joint Board. This appointment was unanimously approved.
DECISION AGREED that the Scheme of Administration be amended as detailed above and that Councillor Gillespie be appointed to the Board. |
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Committee Membership Consider appointment of two Members to the Scrutiny Committee following the resignations of Councillors Mountford and Stewart. Minutes: It was reported that the appointment of two Committee Members to the Scrutiny Committee were required following the resignations of Councillors Mountford and Stewart. A new Vice-Chairman also required to be appointed to replace Councillor Stewart.
Councillor Ballantyne, seconded by Councillor Marshall, moved that Councillor McAteer be appointed. Councillor Parker, seconded by Councillor Brown, moved that Councillor Herd be appointed. Councillor Parker, seconded by Councillor Logan, moved that Councillor Torrance be appointed as the Vice-Chairman of Scrutiny.
All three appointments were unanimously approved.
DECISION AGREED to appoint Councillors McAteer and Herd to the Scrutiny Committee and that Councillor Torrance be appointed as Vice-Chairman. |
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Motion by Councillor McAteer Consider Motion by Councillor McAteer in the following terms:-
"That Scottish Borders Council agrees to write to the Scottish Government Minister for Local Government and Community Empowerment, on behalf of the local communities in and around Hawick which are being penalised by the seeming disproportionate weighting of the methodology used by the Local Government Boundary Commission for Scotland (LGBCS) for the 5th Review and the resultant proposed reduction in councillor numbers and significant changes to the existing Hawick ward areas. While recognising the desirability for electoral parity, this should not be at the cost of breaking up communities or creating artificial ones.
The Minister is urged to reject any proposal to reduce both councillor numbers and wards in the Hawick area, and instead allow for a true reflection of the unique population and settlement distribution, and natural communities in and around Hawick, in accordance with the wishes of the local electorate.
This letter should also be copied to the Local Government Boundary Commission for Scotland to allow the Commission to take this Motion into account when arriving at its final recommendations."
Minutes: Councillor McAteer, seconded by Councillor Marshall, moved the Motion as detailed on the agenda in the following terms:-
“That Scottish Borders Council agrees to write to the Scottish Government Minister for Local Government and Community Empowerment, on behalf of the local communities in and around Hawick which are being penalised by the disproportionate weighting of the methodology used by the Local Government Boundary Commission for Scotland (LGBCS) for the 5th Review and the resultant proposed reduction in councillor numbers and significant changes to the existing Hawick ward areas.
The Council calls upon the Minister, when considering any LGBCS proposals, to reject the arbitrary maximum variation in electoral parity in the new wards of +/- 10% which places an artificial burden in particular on the Hawick area, failing to recognise that area's natural population and settlement distribution, geography, and its traditional social, economic and cultural connections. The Minister is urged to reject any proposal to reduce both councillor numbers and wards in the Hawick area, and instead allow for a true reflection of the unique demographic, geographic and natural communities in and around Hawick, and the wishes of the local electorate.
This letter should also be copied to the Local Government Boundary Commission for Scotland to allow the Commission to take this Motion into account when arriving at its final recommendations."
Councillor McAteer spoke in support of his Motion. Members generally supported the motion but Councillors Turnbull and Cook suggested some amended wording for the second paragraph as follows:-
“The Council calls upon the Minister, when considering any LGBCS proposals, to reject the arbitrary maximum variation in electoral parity in the new wards of +/- 10% which places an artificial burden in particular on the Hawick area, failing to recognise that area's natural population and settlement distribution, geography, and its traditional social, economic and cultural connections. The Minister is urged to reject any proposal to reduce councillor numbers in the Scottish Borders, and its consequential effect on the wards of the Hawick and Jedburgh area, and instead allow for a true reflection of the unique demographic, geographic and natural communities in and around Hawick, and the wishes of the local electorate.”
This amended wording was accepted by Councillor McAteer and the amended Motion was unanimously approved.
DECISION AGREED the Motion as follows:-
“That Scottish Borders Council agrees to write to the Scottish Government Minister for Local Government and Community Empowerment, on behalf of the local communities in and around Hawick which are being penalised by the disproportionate weighting of the methodology used by the Local Government Boundary Commission for Scotland (LGBCS) for the 5th Review and the resultant proposed reduction in councillor numbers and significant changes to the existing Hawick ward areas.
The Council calls upon the Minister, when considering any LGBCS proposals, to reject the arbitrary maximum variation in electoral parity in the new wards of +/- 10% which places an artificial burden in particular on the Hawick area, failing to recognise that area's natural population ... view the full minutes text for item 11. |
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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 Minute of Scottish Borders Council held on 17 December 2015. (Copy attached.) Minutes: The private section of the Council Minute of 17 December 2015 was approved. |
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Committee Minutes Consider the private sections of the Minutes of the following Committees:-
(a) Planning & Building Standards 7 December 2015 (b) Pension Fund 10 December 2015 (c) Civic Government Licensing 18 December 2015 (d) Executive (Education Theme) 19 January 2016 (e) Scrutiny 28 January 2016 (f) Planning & Building Standards 1 February 2016 (g) Executive (Economic Development Theme) 2 February 2016
(Please see separate Supplement containing the Private Committee Minutes.)
Minutes: |