Agenda and minutes
PDF 145 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 paid tribute to all the staff involved in the new schools programme and in particular Steven Renwick - Project Leader, Lesley Munro - Education Lead, and three staff who were on secondment from Turner Townsend - James Darrie, James Gubbins and James Duffy. Their hard work in delivering the new schools which had just opened and the forthcoming Jedburgh Campus was greatly appreciated.
1.2 The Convener commented on the success of Borders athletes in the recent World Paralympic and Athletics Championships. In the Paralympic World Championships, Sammi Kinghorn had won 2 gold and 1 bronze medals in addition to breaking a world record and being recognised as the female athlete of the games. In the Athletics World Championships Guy Learmonth had come 5th in the 800m semi-final and Chris O’Hara had come 12th in the final of the 1500m. These were great ambassadors for the Borders and a Civic Reception was to be organised in particular for those involved in disabled sport.
1.3 The Convener advised that Elaine Torrance, current Service Director NHS/Social Work Integration, was retiring from the Council on 15 September. She had been employed by the Council since 1995 and during that time had carried out tremendous work on the Council’s behalf. A separate event to mark Elaine’s retirement was to be held.
DECISION AGREED that congratulations be passed to those mentioned above. |
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Consider Minute of Scottish Borders Council held on 27 June 2017 for approval and signing by the Convener. (Copy attached.)
Minutes: The Minute of the Meeting held on 27 June 2017 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) Peebles Common Good Fund 14 June 2017 (b) Tweeddale Locality 14 June 2017 (c) Berwickshire Locality 15 June 2017 (d) Civic Government Licensing 16 June 2017 (e) Local Review Body 19 June 2017 (f) Executive 20 June 2017 (g) Limited Liability Strategic Governance Group 20 June 2017 (h) Lauder Common Good Fund 20 June 2017 (i) Hawick Common Good Fund 20 June 2017 (j) Teviot & Liddesdale Area Forum 20 June 2017 (k) Selkirk Common Good Fund 21 June 2017 (l) Jedburgh Common Good Fund 21 June 2017 (m) Kelso Common Good Fund 21 June 2017 (n) Cheviot Locality 21 June 2017 (o) Pension Fund 22 June 2017 (p) Pension Board 22 June 2017 (q) Community Planning Strategic Board 22 June 2017 (r) Galashiels Common Good Fund 22 June 2017 (s) Eildon Locality 22 June 2017 (t) Planning & Building Standards 26 June 2017 (u) Audit & Scrutiny 28 June 2017 (v) Local Review Body 17 July 2017 (w) Civic Government Licensing 21 July 2017
(Please see separate Supplement containing the public Committee Minutes.)
Additional documents:
Minutes: The Minutes of the following Committees had been circulated:-
Peebles Common Good Fund 14 June 2017 Tweeddale Locality 14 June 2017 Berwickshire Locality 15 June 2017 Civic Government Licensing 16 June 2017 Local Review Body 19 June 2017 Executive 20 June 2017 Limited Liability Strategic Governance Group 20 June 2017 Lauder Common Good Fund 20 June 2017 Hawick Common Good Fund 20 June 2017 Teviot & Liddesdale Area Forum 20 June 2017 Selkirk Common Good Fund 21 June 2017 Jedburgh Common Good Fund 21 June 2017 Kelso Common Good Fund 21 June 2017 Cheviot Locality 21 June 2017 Pension Fund 22 June 2017 Pension Board 22 June 2017 Community Planning Strategic Board 22 June 2017 Galashiels Common Good Fund 22 June 2017 Eildon Locality 22 June 2017 Planning & Building Standards 26 June 2017 Audit & Scrutiny 28 June 2017 Local Review Body 17 July 2017 Civic Government Licensing 21 July 2017
DECISION APPROVED the Minutes listed above subject to paragraph 4 below.
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Committee Minute Recommendations Consider the recommendations made by the following Committees:-
(a) Hawick Common Good Fund Sub-Committee 20 June 2017 (b) Audit & Scrutiny Committee 28 June 2017
(Copy attached.) Additional documents:
Minutes: 4.1 With reference to paragraph 7 of the Minute of the Hawick Common Good Fund Sub-Committee held on 24 August 2017, it was recommended that Council agree that the items detailed in Appendix A to the Minute become the Hawick Common Good Moveable Asset Inventory.
DECISION AGREED that the items detailed in Appendix A to the Minute become the Hawick Common Good Moveable Asset Inventory.
4.2 With reference to paragraph 8 of the Audit and Scrutiny Committee held on 28 June 2017, it was recommended that Council approve the revised Local Code of Corporate Governance as detailed in Appendix 1 to that Minute.
DECISION AGREED to approve the Local Code of Corporate Governance.
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Minutes: The questions submitted by Councillors Paterson, Bell, Robson, Drum, H. Anderson, Marshall and A. Anderson were answered.
DECISION NOTED the replies as detailed in Appendix I to this Minute.
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Variation of 2003 Transfer Agreement between SBC & SBHA Consider report by Service Director Regulatory Services. (Copy attached.) Minutes: DECLARATION OF INTEREST Councillor Mountford 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.
With reference to paragraph 7 of the Minute of 2 March 2017, there had been circulated copies of a report by the Service Director Regulatory Servicesseeking approval of a variation of the Transfer Agreement between the Council, Scottish Borders Housing Association Limited (“SBHA”) and Scottish Borders Building Services Limited dated 23 February 2003 (“the Transfer Agreement”). The report explained that the proposed variation to the Transfer Agreement between the Council and SBHA endorsed the position agreed by Council on 2 March 2017, to permit SBHA to make changes to its Rules in order to future-proof and strengthen its governance structure by moving to a skills based Board of Management. The variation would delete Clause 6.1.1 of Part A of Schedule 2 of the Transfer Agreement which stated that Council approval was required for any reduction in the level of Local Authority or tenant representation on SBHA’s Board of Management. This variation ensured that the Transfer Agreement accurately reflected the position agreed by Council.
DECISION AGREED to:-
(a) approve the variation to delete Clause 6.1.1 of Part A of Schedule 2 of the Transfer Agreement which currently stated: “The Association shall - not change the Rules of the Association so as to reduce the level of Local Authority or tenant representation or the ability of tenants to participate in the running of the Association (including, without limitation, the ability of tenants to participate in direct elections for the appointment of tenant Board or Committee Members) without the Council’s prior written consent.”; and
(b) authorise the Chief Legal Officer to enter into the required Minute of Variation.
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Supplementary Guidance on Housing Consider report by Service Director Regulatory Services. (Copy attached of the report and Appendices A-D. Appendices E & F are available on request and a copy is available in the Members Library.) Additional documents:
Minutes: There had been circulated copies of a report by the Service Director Regulatory Services seeking approval of the Supplementary Guidance on Housing. The report explained that the Scottish Borders Council Local Development Plan (LDP) was adopted on 12 May 2016. As recommended by the Directorate for Planning and Environmental Appeals following the Examination of the LDP, the LDP required the Council to identify a further 916 housing units within the Scottish Borders in order to address a housing shortfall. The process for identifying sites to accommodate the shortfall was via the production of Supplementary Guidance (SG). A draft SG was produced identifying potential sites following consideration and analysis of a number of options. The draft SG had been subject to public consultation. All representations received during the public consultation had been scrutinised with amendments having been made accordingly andconsequently a final version of the SG, as set out in Appendix A to the report, was submitted for Council approval. A summary of consultation representations, a corresponding response by the Planning Officer and the recommendation as to whether or not the sites in question were to be included within the SG was set out in Appendix B. Appendix C confirmed proposed amendments to the SG following the public consultation and Appendix D was an updated database report on all the assessments carried out for the sites considered for inclusion within the SG. It was recommended that Council accept the SG and the proposed sites within it to meet the housing shortfall. Following approval the SG would be referred to Scottish Ministers in order for it to formally become part of the statutory Development Plan. Members discussed the proposals and it was noted that SESplan 2 would contain a lower housing site requirement. The importance of the need for supporting infrastructure and the possibility of using part of the former Kelso High School site for uses other than housing were also mentioned.
DECISION AGREED to:-
(a) approve the Supplementary Guidance on Housing as contained in Appendix A to the report; and
(b) note the updated Environmental Report and the Habitats Appraisal in Appendices E and F to the report. |
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School Clothing and Footwear Grants Consider report by Service Director Children & Young People. (Copy attached.) Minutes: There had been circulated copies of a report by the Service Director Children and Young People providing background information relating to child poverty rates locally and nationally and seeking approval to increase the Clothing and Footwear Grant, bringing it into line with the national average payment made by Local Authorities. The report explained that Child Poverty statistics in Scotland continued to rise and had an impact upon children and young people’s health, educational attainment, standards of living and opportunities for social inclusion and participation. The Children and Young People’s Directorate and a range of strategic partnership groups had already identified tackling the impact of child poverty as a key priority for session 2017/2018 and had started work in this respect. As part of the above plans and in light of the release of new national statistics relating to school clothing and footwear grants it was proposed that the planned action to look at the cost of uniform and footwear was supported by the immediate proposal to increase the clothing and footwear grant from £45 to £70; providing those families who had received their 2017/2018 grant with an additional allocation of £25. It was also proposed that further ‘tackling child poverty’ work was carried out as a priority and any budgetary implications were included as part of the budget plans for 2018-19 onwards. Members spoke in support of the proposals and noted the additional work which was planned. The Director undertook to provide Members with Ward specific data.
DECISION AGREED to:-
(a) increase the Clothing and Footwear Grant from £45 to £70 with immediate effect;
(b) arrange to make the increased payment of £25 to those families who had already received the lower payment at the start of school session 2017/2018;
(c) develop policy and guidance relating to tackling child poverty issues for children and young people attending early learning and childcare, primary schools and secondary schools in the Scottish Borders; and
(d) ensure the policy was taken to Council before March 2018 and was considered within the budget setting process for 2018-2020.
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Motion by Councillor Laing Consider Motion by Councillor Laing in the following terms:-
“We the elected members of Scottish Borders Council welcome and support in principle the proposals of John Finnie MSP that the smacking of children should be banned. It is our position that the “justifiable assault” of children contravenes the UN Convention on the Rights of the Child, is not in step with the Scottish Government’s overarching approach to child well-being, and that children should have the same protection under the law as adults. “
Minutes: Councillor Laing, seconded by Councillor Haslam, moved her Motion as detailed on the agenda in the following terms:- “We the elected members of Scottish Borders Council welcome and support in principle the proposals of John Finnie MSP that the smacking of children should be banned. It is our position that the “justifiable assault” of children contravenes the UN Convention on the Rights of the Child, is not in step with the Scottish Government’s overarching approach to child well-being, and that children should have the same protection under the law as adults.“
Councillor Laing spoke in support of her Motion. Councillor Scott, seconded by Councillor Mountford, moved the direct negative. Members discussed the Motion in advance of the vote.
VOTE On a show of hands Members voted as follows:-
For the Motion - 19 votes Against the Motion - 8 votes
The Motion was accordingly carried.
DECISION DECIDED to approve the Motion as detailed above.
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Motion by Councillor Paterson Consider Motion by Councillor Paterson in the following terms:-
“That Scottish Borders Council reaffirms its wholehearted commitment to supporting the extension of the Borders Railway from Tweedbank to Hawick and then on to Carlisle via Newcastleton.”
Minutes: Councillor Paterson, seconded by Councillor McAteer, moved his Motion as detailed on the agenda in the following terms:-
“That Scottish Borders Council reaffirms its wholehearted commitment to supporting the extension of the Borders Railway from Tweedbank to Hawick and then on to Carlisle via Newcastleton.”
Councillor Paterson spoke in support of his Motion which was unanimously approved.
DECISION AGREED to approve the Motion as detailed above.
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Representatives on Outside Bodies Approve the continued appointment of Councillor Edgar to the Edinburgh, Lothians, Borders and Fife Shadow Joint Committee for roads maintenance. Minutes: Members were asked to approve the continued appointment of Councillor Edgar to the Edinburgh, Lothians, Borders and Fife Shadow Joint Committee for roads maintenance. Councillor Edgar was the Council’s representative on the Committee prior to the Election in May.
DECISION AGREED to approve the re-appointment of Councillor Edgar to the Edinburgh, Lothians, Borders and Fife Shadow Joint Committee for roads maintenance.
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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 27 June 2017. (Copy attached.) Minutes: The private section of the Council Minute of 27 June 2017 was approved. |
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Committee Minutes Consider private Sections of the Minutes of the following Committees:-
(a) Peebles Common Good Fund 14 June 2017 (b) Civic Government Licensing 16 June 2017 (c) Executive 20 June 2017 (d) Hawick Common Good Fund 20 June 2017 (e) Pension Fund 22 June 2017 (f) Planning & Building Standards 26 June 2017 (g) Civic Government Licensing 21 July 2017
(Please see separate Supplement containing private Committee Minutes.) Minutes: |
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Open Question Minutes: The question submitted by Councillor Chapman was answered. |