Agenda and minutes

The Convener congratulated the following:-

·                Betty and Ian Falconer who had been approved foster carers since 2000, had fostered 103 children and had been awarded the Broons Award for “Best Foster Carers”.  This was a national award and they had been selected from over 1000 entries.

·                The Borders Care and Repair Team, who in partnership with the Council had been awarded the “Third Sector Partnership” Award at the Holyrood Magazine’s annual 2015 Scottish Public Service Awards.  The Team offered a “one stop shop” for the delivery of housing adaptations for older and vulnerable residents throughout the Borders.

·                The Galashiels Transport Interchange had been named the Town Centre Regeneration Project of the Year at the Scottish Property Awards.  One of the key elements of the award was the involvement of a Community Stakeholder Group.

·                Bob Burgess who was retiring from journalism after 49 years service in the Borders.

          DECISION

          AGREED that congratulations be passed to all those concerned.

Consider the following Minutes of Scottish Borders Council for approval and signing by the Convener:-

(a)     25 February 2016

(b)     10 March 2016

(Copies attached.)

The Minutes of the Meetings held on 25 February and 10 March 2016 were considered. 

DECISION

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

Consider Minutes of the following Committees:-

(a)     Health & Social Care Integration Joint Board    2 February 2016

(b)     Police, Fire & Rescue and Safer Communities

          Board                                                                  12 February 2016

(c)     Local Review Body                                            15 February 2016

(d)     Executive                                                           16 February 2016

(e)     LLP Strategic Governance Group                     16 February 2016

(f)      Hawick Common Good Fund                            16 February 2016

(g)     Teviot & Liddesdale Area Forum                       16 February 2016

(h)     Selkirk Common Good Fund                             17 February 2016

(i)      Scrutiny                                                              18 February 2016

(j)      Galashiels Common Good Fund                       18 February 2016

(k)     Eildon Area Forum                                             18 February 2016

(l)      Civic Government Licensing                              19 February 2016

(m)    Lauder Common Good Fund                             23 February 2016

(n)     Planning & Building Standards                           29 February 2016

(o)     Petitions & Deputations                                      1 March 2016

(p)     Peebles Common Good Fund                           2 March 2016

(q)     Community Planning Strategic Board               3 March 2016

(r)      Executive                                                           8 March 2016

(s)     LLP Strategic Governance Group                     15 March 2016

(t)      Teviot & Liddesdale Area Forum                       15 March 2016          

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

The Minutes of the following Committees had been circulated:-

Health & Social Care Integration Joint Board                                   2 February 2016

Police, Fire & Rescue and Safer Communities Board                   12 February 2016

Local Review Body                                                                         15 February 2016

Executive                                                                                        16 February 2016

LLP Strategic Governance Group                                                  16 February 2016

Hawick Common Good Fund                                                        16 February 2016

Teviot & Liddesdale Area Forum                                                    16 February 2016

Selkirk Common Good Fund                                                         17 February 2016

Scrutiny                                                                                           18 February 2016

Galashiels Common Good Fund                                                    18 February 2016

Eildon Area Forum                                                                          18 February 2016

Civic Government Licensing                                                          19 February 2016

Lauder Common Good Fund                                                         23 February 2016

Planning & Building Standards                                                       29 February 2016

Petitions & Deputations                                                                   1 March 2016

Peebles Common Good Fund                                                        2 March 2016

Community Planning Strategic Board                                            3 March 2016

Executive                                                                                        8 March 2016

LLP Strategic Governance Group                                                  15 March 2016

Teviot & Liddesdale Area Forum                                                    15 March 2016

DECISION

APPROVED the Minutes listed above subject to paragraph 4 below.

Consider the recommendation made by the Executive Committees of 8 March 2016. 

(Copy attached.)

With reference to paragraph 6 of the Executive Committee Minute of 8 March 2016, regarding the governance of developer contributions in respect of the affordable housing policy it was recommended that the Chief Financial Officer be given delegated powers to allocate Affordable Housing Policy developer contributions to assist delivery of affordable housing projects.

DECISION

AGREED that the following addition to the powers delegated to the Chief Financial Officer be incorporated into the Scheme of Delegation “To authorise the allocation of Affordable Housing Policy funding collected by the Council to assist delivery of individual projects”.

The questions submitted by Councillors McAteer, Marshall, Logan, Scott, Fullarton and Cockburn were answered. 

DECISION

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

MEMBER

Councillor Ballantyne joined the meeting.

Consider report by Service Director Regulatory Services.  (Copy attached.)

There had been circulated copies of a report by Service Director Regulatory Services on the outcome of the work done to review the Heritable Property Assets held by the Council within the former Burgh of Innerleithen to ensure that the correct listing was recorded with the Accounts and Registers of the Council and seeking approval for the establishment of a Sub-Committee of Council for the Innerleithen Common Good Fund.  The report explained that the Council’s Legal Services had been reviewing the titles for all Assets held by the Council in all former Burghs to ensure that the Asset Registers were correct in relation to Common Good matters.  The Legal Officers had been supported by Estates Officers and Financial Officers in this work which required examination of the former Burgh accounts as well as minutes. This work had identified that the Memorial Hall, Innerleithen which was currently held on the General Account, required to be recorded as a Common Good asset. This asset was donated to the Burgh Council in 1919 and the donation included a declaration that the subjects were to be held for be hoof of (i.e. in trust for) the community of Innerleithen.  The Council’s current Scheme of Administration did not provide for a Sub-Committee to administer a Common Good Fund for the former Burgh of Innerleithen as at 1996 no assets were identified as being Common Good.  As these were amendments to the existing Register, the Chief Financial Officer would now put in place measures to amend the Register and the annual accounts accordingly.  The Service Director advised that the word “Royal” should be removed from paragraph 3.4 of the report and that the description of the asset should also include the offices and clock associated with the hall.  An additional recommendation “(c) that the Innerleithen Common Good Fund Sub-Committee would at an early opportunity review the list of assets in Appendix 1 to the report and confirm its agreement with officers that these had been correctly identified.  Any re-allocation of assets to the Common Good as a result of this review would be agreed with the Section 95 Officer.   The local Members welcomed the creation of an Innerleithen Common Good Fund.

DECISION

AGREED:-

(a)     to note the amendment of the Council’s Asset Register  showing the Memorial Hall, Innerleithen, together with offices and clock, as a Common Good Asset;

(b)     to approve the establishment of a Sub-Committee of Council for the Innerleithen Common Good Fund, as detailed in Appendix 2 to the report, for inclusion in the Council’s Scheme of Administration; and

(c)     that the Innerleithen Common Good Fund Sub-Committee would at an early opportunity review the list of assets in Appendix 1 to the report and confirm its agreement with officers that these had been correctly identified.  Any re-allocation of assets to the Common Good as a result of this review would be agreed with the Section 95 Officer.  ...  view the full minutes text for item 6.

Consider report by Service Director Regulatory Services.  (Copy attached.)

There had been circulated copies of a report by Service Director Regulatory Servicesseeking the formal approval of the Trustees of the Hawick, Kelso, Galashiels, Selkirk, Jedburgh Common Good funds and the Innerleithen Common Good fund, as established in paragraph 6 above, to lease various common good properties to Borders Sport and Leisure Trust (BSLT) in respect of the culture trust transfer.  The report explained that the Council intended to transfer its Cultural Services to BSLT (to be renamed Live Borders) from 1 April 2016.  To enable BSLT to carry out Scottish Borders Council’s (SBC) Cultural Services, it was proposed that SBC grant to BSLT leases of the premises from which these services were currently operated.  Several of these premises were held on the Council’s Common Good account.  SBC currently occupied these sites on an informal basis.  However, in order to allow BSLT to operate the same services from these premises, it would be advisable for a lease to be granted by SBC (as Trustees of the Common Good funds) to BSLT.  Each of the premises concerned would continue to be used for the existing purpose and would continue to be owned by SBC, in trust for the relevant Common Good. In response to a question on existing letting arrangements with organisations, assurances were given that these would continue and would be reviewed annually as part of the charging policy.  Arrangements for the maintenance of the buildings had also been put in place.  Any moveable assets stored within the properties would remain there and continue as Common Good assets.

DECISION

AGREED that to allow the continuation of existing services on behalf of SBC, approval be given:-

(a)       on behalf of the Trustees of the Selkirk Common Good Fund to grant a 20 year lease to BSLT of subjects at the Victoria Hall and Sir Walter Scott’s Courtroom;

(b)       on behalf of the Trustees of the Hawick Common Good Fund to grant a 20 year lease to BSLT of subjects at the Hawick Town Hall;

(c)       on behalf of the Trustees of the Galashiels Common Good Fund to grant a 20 year lease to BSLT of subjects at Old Gala House;

(d)       on behalf of the Trustees of the Innerleithen Common Good Fund to grant a 20 year lease to BSLT of subjects at the Memorial Hall;

(e)       on behalf of the Trustees of the Kelso Common Good Fund to grant a 20 year lease to BSLT of subjects at the Tait Hall; and

(f)      on behalf of the Trustees of the Jedburgh Common Good Fund to grant a 20 year lease to BSLT of subjects at Jedburgh Castle Jail and the Mary Queen of Scots House.

Consider report by Service Director Regulatory Services.  (Copy attached.)

There had been circulated copies of a report by the Service Director Regulatory Services on theposition regarding the title and ownership of the Drumelzier Village Hall to ensure that the Council’s heritable property assets register was correct and to recommend actions that the Council should take.  The report explained that the Drumelzier Village Hall title was derived from a Feu Charter by the Chairman, the Minister of the Parish of Drumelzier and the Treasurer as Trustees for the Drumelzier Recreation Hall Association in favour of the Convenor of the County Council of the County of Peebles, the County Councillor for Broughton South and the Clerk to the County Council of Peebles as Trustees for the Association. These positions no longer existed as a result of Council reorganisation. No evidence had been found to suggest that there had been any formal change to these positions and therefore it had been determined that the nearest appropriate current Trustees should be the statutory successors to the above roles.  The statutory successors would therefore be the Convenor of Scottish Borders Council, the Chief Executive of the Scottish Borders Council and the Scottish Borders Council Councillors for the ward of Tweeddale West.  The Council’s heritable property assets register did not currently include the Hall and as the Hall was in the name of Council Trustees the Council’s heritable property assets register would be updated to include it.  It was noted that the community were supportive of the proposals.

DECISION

AGREED:-

(a)     to acknowledge and agree that title to the Drumelzier Village Hall was in the name of the Convenor of Scottish Borders Council, the Chief Executive of the Scottish Borders Council and the Scottish Borders Council Councillors for the ward of Tweeddale West as Trustees for the Drumelzier Recreation Hall Association;

(b)     that the Hall be added to the Council’s heritable property assets register; and

(c)     to note that the Section 95 Officer would amend the asset register in accordance with these recommendations.

Consider report by Chief Executive.  (Copy attached.)

There had been circulated copies of a report by the Chief Executive on the position being recommended in relation to future pension liabilities of staff affected by the transfer of Cultural Services to Borders Sport and Leisure Trust (BSLT).  The report proposed that when the Council transferred Culture Services staff to BSLT they would maintain their membership in the Local Government Pension Scheme through admitted body status.  The admissions agreement would ensure that future members of staff employed by BSLT would have access to the Scheme, after completion of five years’ service as per the eligibility criteria applied to current new employees of BSLT.  Barnett Waddingham, the Pension Fund’s actuary had provided a projected level for a bond of £2.937m, to reflect the pension fund liabilities of those staff transferring to BSLT and existing BSLT scheme members as at 10 August 2015.  This represented the current level of risk facing the Pension Fund in the event of a premature termination of the Trust’s membership of the Scheme and the Council would carry this risk.  It was proposed that the Trust Scheme had an employers’ contribution rate of 18% of pensionable pay and that the Council would underwrite the risk of premature termination of BSLT’s admission agreement.  The underlying position had not fundamentally changed from the current position whereby the Council effectively underwrote the risk associated with unfunded pension fund liabilities for all staff and those employed at present by BSLT.  It was not proposed that the Trust be required to establish a bond.

DECISION

AGREED:-

(a)     that staff who were to be employed by BSLT from 1 April 2016, who were currently members of the Council’s Pension Scheme, would remain members of the Pension Scheme following the integration of staff with the Trust;

(b)     to note that BSLT had applied to the Pension Fund for amendment to their admission agreement to cover those employed in Cultural Services;

(c)     that future members of staff employed by the Trust would also be covered by the admission agreement following the serving of the five year eligibility period in line with existing BSLT employees; and

(d)     that the transfer of staff to BSLT would not require any additional guarantor or bond arrangements for the Trust and that the Council would underwrite any Admission Agreement premature termination risk.

MEMBER

Councillor Paterson joined the meeting during consideration of the following item of business.

Consider report by Chief Social Work Officer.  (Copy attached.)

There had been circulated copies of a report by the Chief Social Work Officer on the activities of the Child Protection Committee during the period August 2014 to July 2015 aimed at protecting children and young people in the Scottish Borders from abuse and neglect.  Mr Duncan McAulay, independent Chairman of the Committee, was present at the meeting and highlighted the main activities carried out during the year.  There had been a reduction in the number of children registered and this had been verified by an independent review commissioned to check that procedures were robust.  Work had focussed on engaging with young people and ensuring that they knew where to get help if required.  Child Sexual Exploitation has been a key area and a new course was introduced during this period with 84 professionals attending and a local action plan was to be issued. The views of children and families were important to SBCPC in order to inform and improve child protection practices so a number of activities had been carried out in this area. Significant Case Reviews were the multi-agency process for establishing the facts of a situation where a child had died or been significantly harmed, within a child protection context, in order to learn lessons with and make improvements to service:  48 such national reviews had been examined and multi-agency discussions held where considered relevant.   The main concerns identified at the Case Conferences were detailed in the report. Domestic Abuse had risen since last year (8%-21%) and emotional abuse had fallen (52%-20%). Both Parental alcohol (25%-8.5%) and Drugs (25%-10%) misuse statistics had fallen. Parental Mental Health problems had risen slightly (8.3%-10%) and physical abuse had also risen from (1%-6%). Neglect issues had fallen (19%-7%). In many cases children had more than one concern identified. There were no Child Sexual Exploitation concerns raised.  Mr McAulay and Ms Torrance answered Members’ questions and the importance of early intervention was highlighted.

DECISION

AGREED:-

(a)     to endorse the content of the Child Protection Committee Annual Report; and

(b)     that the report be published on the Council’s website and distributed to interested parties.

Consider report by Chief Social Work Officer.  (Copy attached.)

There had been circulated copies of a report by the Chief Social Work Officer on the continuing progress in Scottish Borders in the development of an interagency approach to the support and protection of adults who were at risk of harm, as defined in the Adult Support & Protection (Scotland) Act 2007.  Mr Jim Wilson, Independent Chairman of the Committee, was present at the meeting and highlighted the main aspects of the annual report.  There was an overall increase in protection concerns with 1432 referrals received where there was an initial report of an adult at risk of harmcompared with a total of 1253 during the previous year.  Following initial enquiries this progressed to 169 Adult Protection concerns being investigated where it was known or believed that an adult was at risk as defined by the Adult Support and Protection (Scotland) Act 2007.   A significant number of the other concerns were signposted to other services for support.  A review of Adult Protection activity during the period showed that the majority of concerns related to older people and those adults who had a learning disability. Financial Harm followed by Physical Harm were the highest types of harm reported. Positive work had been carried out with Trading Standards on protection from Financial Harm and awareness raising in this area continued.  The importance of partnership working, self-evaluation and staff training was emphasised, which in turn ensured processes and practices in place were working.

DECISION

AGREED:-

(a)     to endorse the content of the Adult Protection Committee Annual Report; and

(b)       that the report be published on the Council’s website and distributed to interested parties.

Consider report by Chief Executive.  (Copy attached.)

There had been circulated copies of a report by the Chief Executive seeking approval for 10 members of staff who had requested early retirement and voluntary severance, including a member of staff who had two contracts.  If all 11 applications were approved, a total one-off cost of £350,245would be incurred.  In total, £228,318of direct recurring employee cost savings would be delivered each year.  The average payback period for all staff was 1.4 years. 

DECISION

AGREED to approve the 11 current proposed applications as detailed in the appendix to the report with the associated costs being met from the voluntary severance/early retirement budget for 2016/17 of £350,245.

Consider report by Chief Executive.  (Copy attached.)

There had been circulated copies of a report by the Chief Executive providing an update on the work of the Petitions and Deputations Committee and proposed an amendment to the process for acceptance of a petition.  The report explained that since its formation, the Petitions and Deputations Committee had considered 12 petitions.  There had, however, been a number of petitions which had not been admissible due to the petition relating to a decision made by the Council or a committee during the preceding six months.  Officers had considered whether the six month rule could be relaxed in some way and any consequences of so doing.   In this regard, Officers did not consider it appropriate for any decisions of full Council to be the subject of a petition within 6 months of that decision as such decisions were taken by all 34 Councillors.  However, it might be appropriate to consider amending the process regarding petitions which is linked to decisions of the Executive Committee within this 6 month time period.  It was therefore proposed that the process for submission of petitions be amended to include the following:  “that the Chief Executive, in consultation with the Chairman of the Petitions and Deputations Committee, had the discretion to allow consideration of a petition which was linked to a decision of the Executive Committee taken within the preceding 6 months as long as a delay would not prejudice the best interests of the Council”.  Details of the amended petitions process was appended to the report.  It was further suggested that the new process be trialled until the end of the current Council’s term of office in May 2017.  It was noted that if the amendment to the Petitions process was accepted this would require an amendment to Standing Order No. 26. 

DECISION

AGREED:-

(a)     to commend the work to date of the Petitions and Deputations Committee; 

(b)     to approve the new Petitions and Deputations process as detailed in the Appendix to the report;

(c)     to approve the amendment of Standing Order No. 26 as follows:–

“Any motion or amendment to rescind or amend any decision which has been passed within the preceding six months, and any motion or amendment to the same effect as any motion or amendment which has been negatived within the preceding six months, shall not be in order unless notice thereof has been duly given and has been specified in the notice calling the meeting.  The notice of motion or amendment shall bear the signature of the member who proposes the motion and also signatures of at least six other members.  When any such motion or amendment has been disposed of by the Council, it shall not be competent for any member to propose a similar motion or amendment within a further period of six months.  In the event of there being any doubt as to the motion or amendment being a similar one, the question shall be decided by the Chairman.  The only exception to this will be if  ...  view the full minutes text for item 13.

Consider amendment to calendar of meetings for June 2016 to take account of the EU Referendum date.  (Copy proposed calendar attached.)

The Clerk to the Council advised that following the setting of the date for the EU Referendum as 23 June 2016 it was necessary to change the dates of meetings on and around that day.  An amended calendar of meetings for that period had been circulated.

DECISION

AGREED to approve the amended Calendar of meeting for May and June 2016, as contained in Appendix II to this Minute.

Consider appointment of Board Member for BSLT to replace Councillor Davidson.  (Copy attached.)

It was noted that following the changes to Borders Sport & Leisure Trust it was necessary to appoint a non-Executive Committee Member to serve on their Board.  Councillor Garvie, seconded by Councillor Nicol, moved that Councillor White be appointed and this was unanimously approved.

DECISION

AGREED that Councillor White be appointed to the Border Sport and Leisure Trust Board.

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.

Councillor Cook advised that he was currently appointed as the Council’s representative on the Eyemouth Harbour Trust but due to COSLA commitments was unable to attend their meetings so Councillor Campbell attended in his place.  It was therefore proposed that Councillor Campbell be officially appointed as the Council’s representative on the Eyemouth Harbour Trust and that Councillor Cook take her place on the St Abbs and Eyemouth Voluntary Marine Reserve.  This request was unanimously approved.

DECISION

AGREED the following amendments to appointments to outside bodies:-

(a)     Eyemouth Harbour Trust – Councillor Campbell

(b)     St Abbs and Eyemouth Voluntary Marine Reserve – Councillor Cook

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 III 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

19.     Minutes

          The private sections of the Council Minutes of 25 February and 10 March 2016 were approved. 

20.     Committee Minutes

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

21.     SB Cares Business Plan

          Members noted progress and approved the 2016/17 Business Plan.

22.     Volunteer Park, Hawick

          Members approved a joint report by the Corporate Transformation & Services Director and Service Director Commercial Services.

Consider private Sections of Minutes of Scottish Borders Council held on:-

(a) 25 February 2016

(b) 10 March 2016

(Copies attached.)

The private sections of the Council Minutes of 25 February and 10 March 2016 were approved. 

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

(a) Executive                                                               16 February 2016

(b) Hawick Common Good Fund                                16 February 2016

(c) Selkirk Common Good Fund                                 17 February 2016

(d) Civic Government Licensing                                  19 February 2016

(e) Lauder Common Good Fund                                 23 February 2016

(f)  Planning & Building Standards                               29 February 2016

(g) Peebles Common Good Fund                               2 March 2016

(h) Executive                                                               8 March 2016

(i)  LLP Strategic Governance Group                         15 March 2016          

(Please see separate Supplement containing private Committee Minutes.)

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

Consider report by SB Cares Managing Director.  (Copy attached.)

Members noted progress and approved the 2016/17 Business Plan.

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

Members approved a joint report by the Corporate Transformation & Services Director and Service Director Commercial Services.