Agenda and minutes

The Convener paid tribute to all those involved in the visit of the Flying Scotsman to the Borders on Sunday.

DECISION

NOTED.

Consider Minute of Scottish Borders Council held on 31 March 2016 for approval and signing by the Convener.  (Copy attached.)

The Minute of the Meeting held on 31 March 2016 was considered. 

DECISION

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

Consider Minutes of the following Committees:-

(a)     Tweeddale Area Forum                                     2 March 2016

(b)     Civic Government Licensing                              18 March 2016

(c)     Executive                                                           22 March 2016

(d)     Pension Fund                                                     23 March 2016

(e)     Pension Board                                                    23 March 2016

(f)      Scrutiny                                                              24 March 2016

(g)     Planning & Building Standards                           28 March 2016

(h)     Audit & Risk Committee                                     21 March 2016

(i)      Peebles Common Good Fund                           31 March 2016

(j)      Executive                                                           19 April 2016

(k)     Teviot & Liddesdale Area Forum                       19 April 2016

(l)      Planning & Building Standards                           25 April 2016

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

The Minutes of the following Committees had been circulated:-

Tweeddale Area Forum                                     2 March 2016

Civic Government Licensing                              18 March 2016

Executive                                                           22 March 2016

Pension Fund                                                     23 March 2016

Pension Board                                                    23 March 2016

Scrutiny                                                              24 March 2016

Planning & Building Standards                           28 March 2016

Audit & Risk Committee                                     21 March 2016

Peebles Common Good Fund                           31 March 2016

Executive                                                           19 April 2016

Teviot & Liddesdale Area Forum                       19 April 2016

Planning & Building Standards                           25 April 2016

DECISION

APPROVED the Minutes listed above subject to paragraph 4 below

With reference to paragraph 3 of the Minute of the Civic Government Licensing Committee of 18 March 2016, it was recommended that the remit of the Committee be amended to include making decisions on cases where officers recommended that a private sector landlord be refused registration or that they be removed from the Private Landlord Register and that this addition be incorporated into the Scheme of Administration.

DECISION

AGREED to amend the Scheme of Administration in respect of the remit of the Civic Government Licensing Committee as detailed above.

The questions submitted by Councillors Logan, Bhatia, Marshall and Greenwell were answered. 

DECISION

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

MEMBER

Councillor Ballantyne joined the meeting during the above item.

Consider report by Chief Executive seeking approval for the revised Local Code of Corporate Governance of Scottish Borders Council.  (Copy attached.)

With reference to paragraph 12 of the Minute of 23 February 2012, there had been circulated copies of a report by the Chief Executive seeking approval of the revised Local Code of Corporate Governance of Scottish Borders Council.  The report explained that Scottish Borders Council was responsible for ensuring that its business was conducted in accordance with the law and proper standards, and that public money was safeguarded and properly accounted for, and used economically, efficiently and effectively.  Fundamentally Corporate Governance was about openness, integrity and accountability. It comprised the systems and processes, and cultures and values by which the authority was directed and controlled and through which it was accountable to, engaged with and, where appropriate, led its communities.  The development of a revised Local Code of Corporate Governance for the Council, consistent with the principles and requirements of the Framework ‘Delivering Good Governance in Local Government’, would help to ensure proper arrangements continued to be in place to meet the Council’s responsibilities.  Reference was made to the use of the word “adequate” and it was agreed that this be amended.  It was also noted that the reference to Chief Executive in the Appendix should be Head of Paid Service.

DECISION

AGREED to:-

(a)     approve the revisions to the Local Code of Corporate Governance of Scottish Borders Council as contained in the Appendix to the report:

(b)     instruct that the Local Code of Corporate Governance be re-launched to ensure greater awareness across the Council; and

(c)     request that the Chief Executive, Depute Chief Executives and Service Directors consider compliance with the Code as part of their annual assurance statements on internal control and governance and implement actions to ensure full compliance to the elements of the Code.

Consider report by Chief Roads Officer seeking approval of the Local Flood Risk Management Plans for the Forth Estuary Local Plan District, the Tweed Local Plan District and the Solway Local Plan District.  (Copy attached.)

With reference to paragraph 7 of the Minute of 27 August 2015, there had been circulated copies of a report by the Chief Roads Officer seeking approval of the Local Flood Risk Management Plans for the Forth Estuary Local Plan District, the Tweed Local Plan District and the Solway Local Plan District. This approval was required to allow for publication of the Local Flood Risk Management Plans in Scotland on 22 June 2016.  The report explained that the Flood Risk Management Strategies and Local Flood Risk Management Plans had been developed through collaborative partnerships between Local Authorities, SEPA and Scottish Water and provided a framework for co-ordinating actions across catchments to deal with all sources of flooding. These plans ensured long term planning around flooding and under Section 41(2) of the Flood Risk Management (Scotland) Act 2009, Scottish Ministers must take them into account when allocating funding. This approach helped target investment to areas where there was the greatest risk of flooding and where communities could receive the greatest benefit. This would help to maximise the benefit of public investment.  The Plans set out who would be responsible for delivering the action, how the action would be funded, a timetable for delivery and how it would be coordinated within a six-year cycle.  Council approval of the Forth Estuary Local Flood Risk Management Plan, the Tweed Local Flood Risk Management Plan and the Solway Local Flood Risk Management Plan was required prior to the national publication date of 22 June 2016. Although the Council had an interest in only one Potentially Vulnerable Area (PVA) in both the Forth Estuary (PVA10/26 – Berwickshire Coast) and Solway (PVA14/03 – Newcastleton) Local Plan Districts there was a requirement through legislation for both plans in their entirety to be approved.  Members congratulated officers on the work carried out and welcomed the Plan.  Members discussed flood prevention studies for Peebles, Innerleithen and Walkerburn and noted that the Scottish Government was providing funding of £278k for studies during 2016/17.  The management of reservoirs was also mentioned and the Chief Officer agreed to investigate this.

DECISION

AGREED to approve, for delivery by the Council as part of the Flood Risk Management Planning Cycle 2016 -2022, the:-

(a)     Forth Estuary Local Flood Risk Management Plan;

(b)    Tweed Local Flood Risk Management Plan; and

(c)     Solway Local Flood Risk Management Plan;

for delivery by the Council as part of the Flood Risk Management Planning Cycle 2016 – 2022.

Consider report by Service Director Regulatory Services seeking approval of the annual update of the Development Plan Scheme.  (Copy attached.)

There had been circulated copies of a report by the Service Director Regulatory Services seeking approval of the annual update of the Development Plan Scheme.  The report explained that publishing a Development Plan Scheme at least annually was a statutory duty and it must include a participation statement setting out how, when and with whom the Council would consult on the various Local Development Plan stages. The proposed Development Plan Scheme 2016 was appended to the report and had been prepared to provide information on the development plan process.  It set out the latest position on the Council’s development plans.  It was noted that the outcome of the planning review was expected soon and that this might have implications for future plans.

DECISION

AGREED:-

(a)     to approve the proposed Development Plan Scheme 2016, as detailed in Appendix 1 to the report, for publication, deposit and copying to Scottish Ministers;

(b)     that the Development Plan Scheme be reviewed and published at least annually; and

(c)     to authorise the Service Director Regulatory Services to make any necessary minor editing and design changes to the Development Plan Scheme prior to publishing it.

Consider report by Chief Executive seeking approval for the information on allowances paid to Members during 2015/16 to be published on the Council’s website.  (Copy to follow.)

There had been circulated copies of a report by the Chief Executive on the allowances paid to Members during 2015/16 and seeking approval for this information to be published on the Council’s website to meet the publicity requirements of the Local Government (Allowances and Expenses)(Scotland) Regulations 2007.  The Total remuneration and expenses paid to Members in 2015/16 amounted to £778,149.99, compared with a total of £757,172.75 in 2014/15.  Travel expenses total £56,452.83 in 2015/16, compared to the 2014/15 figure of £54,835.65. The cost of Telephone and ICT Expenses in 2015/16 amounted to £49,639.29 compared to £37,067.17 in 2014/15.  Details in respect of the amounts for each Councillor were contained in the appendices to the report.  The Clerk to the Council explained that some of the variations in amounts per Councillor for telephone/IT costs were due to not all the costs being received yet for the changeover to the SWAN network for each Councillor.

DECISION

AGREED that the information in the Appendices to the report be published on the Council’s website, in order to meet the publicity requirements of the Local Government (Allowances and Expenses)(Scotland) Regulations 2007.

MEMBERS

Councillors Marshall and McAteer left the meeting.

Before proceeding with the private business, the following motion should be approved:-

“That under Section 50A(4) of the Local Government (Scotland) Act 1973 the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in the relevant paragraphs of Part 1 of Schedule 7A to the aforementioned Act.”

DECISION

AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in  Appendix II to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 1, 6, 8 and 9 of Part I of Schedule 7A to the Act.

      SUMMARY OF PRIVATE BUSINESS

Consider private Section of Minute of Scottish Borders Council held on 31 March 2016.  (Copy attached.)

The private section of the Council Minute of 31 March 2016 was approved.

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

(a)     Civic Government Licensing                              18 March 2016

(b)     Executive                                                           22 March 2016

(c)     Pension Fund                                                     23 March 2016

(d)     Scrutiny                                                              24 March 2016

(e)     Planning & Building Standards                           28 March 2016

(f)      Peebles Common Good Fund                           31 March 2016

(g)     Executive                                                           19 April 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.

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.

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