Scottish Borders Council

Agenda and draft minutes

Venue: Council Chamber, Council Headquarters, Newtown St. Boswells

Contact: Louise McGeoch Tel 01835 825005  email  lmcgeoch@scotborders.gov.uk

Items
No. Item

1.

Convener's Remarks.

Minutes:

The Convener congratulated:-

 

(a)     Stow Primary School for being the Better Energy School Award Regional Winners in the “Totally Clued Up” category, Scottish Champions 2019 with Reece the Recycled Cow.  A number of the children were present accompanied by their teacher Debbie Matthewson;

 

(b)     Broomlands Primary School winning an architecture award from the Royal Incorporation of Architects in Scotland (RIAS).  Lesley Munro and Steven Renwick were present at the meeting; and

 

(c)     Glenda Watt from West Linton who received an OBE for services to older people, Catherine Johnston from Ladykirk who received a BEM for services to the Community and Amanda Richard from St. Boswells who received a BEM for services to the health and wellbeing of older people in the recent the Queen’s Birthday Honours List.

 

DECISION

AGREED that congratulations be passed to those concerned.

 

2.

Minute pdf icon PDF 121 KB

Consider Minute of Scottish Borders Council held on 16 May 2019 for approval and signing by the Convener.  (Copy attached.)

 

Minutes:

The Minute of the Meeting held on 16 May 2019 was considered. 

 

DECISION

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

 

3.

Committee Minutes pdf icon PDF 23 KB

Consider Minutes of the following Committees:-

 

(a)     Eildon Area Partnership                                     7 March 2019

(b)     Tweeddale Area Partnership                              27 March 2019

(c)     Teviot & Liddesdale Area Partnership                16 April 2019

(d)     Cheviot Area Partnership                                   17 April 2019

(e)     Planning and Building Standards                       29 April 2019

(f)      Executive                                                           30 April 2019

(g)     Berwickshire Area Partnership                          2 May 2019

(h)     Audit & Scrutiny                                                 13 May 2019

(i)      Local Review Body                                            27 May 2019

(j)      Peebles Common Good Fund                           29 May 2019

(k)     Civic Government Licensing                              31 May 2019

(l)      Planning and Building Standards                       3 June 2019

(m)    Executive                                                           4 June 2019

(n)     Jedburgh Common Good Fund                         4 June 2019

(o)     Berwickshire Area Partnership                          6 June 2019

 

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

 

Additional documents:

Minutes:

The Minutes of the following Committees had been circulated:-

 

Eildon Area Partnership                                               7 March 2019

Tweeddale Area Partnership                                       27 March 2019

Teviot & Liddesdale Area Partnership                         16 April 2019

Cheviot Area Partnership                                            17 April 2019

Planning and Building Standards                                 29 April 2019

Executive                                                                     30 April 2019

Berwickshire Area Partnership                                    2 May 2019

Audit & Scrutiny                                                           13 May 2019

Local Review Body                                                      27 May 2019

Peebles Common Good Fund                                     29 May 2019

Civic Government Licensing                                       31 May 2019

Planning and Building Standards                                 3 June 2019

Executive                                                                     4 June 2019

Jedburgh Common Good Fund                                  4 June 2019

Berwickshire Area Partnership                                    6 June 2019

 

DECISION

APPROVED the Minutes listed above.

 

4.

CCTV Provision in the Scottish Borders pdf icon PDF 124 KB

Consider report by Service Director Assets and Infrastructure.  (Copy attached.)

Additional documents:

Minutes:

With reference to paragraph 8 of the Minute of 16 May 2019, there had been circulated copies of a report by the Service Director Assets and Infrastructure providing details of a consultation plan that examined the options for renewing or replacing the current Public Space Closed Circuit Television (CCTV) provision in the Scottish Borders.  Given the significant capital and revenue expenditure required to modernise current systems on a like for like basis, the report tried to quantify whether this would deliver a value for money outcome for the Council given other budget constraints. Following the consultation period, a second report would be presented to Council at a future meeting outlining the options and associated costs.  Members discussed the report and Councillor H. Scott proposed an amendment to the recommendations.

 

VOTE

Councillor Turnbull, seconded by Councillor Edgar, moved that recommendations (a)–(c) in the report be approved.

 

Councillor H. Scott, seconded by Councillor Bell, moved as an amendment that the recommendations be amended as follows:-

 

Delete recommendation (a)

Re-title paragraph (b) paragraph (a), and delete the word “either”

Re-title paragraph (c) paragraph (b) and amend the wording to read:-

that a second report outlining the options and costs associated with renewing or replacing the current Public Space CCTV provision, to include the consideration of portable CCTV, in the Scottish Borders, will be presented to Council in December 2019. That report to take full cognisance of the results of the report, commissioned by COSLA, on Public Space CCTV.

Delete the word “or”

Delete paragraph (d)

 

On a show of hands Members voted as follows:-

Motion                           -        16 Votes

Amendment                  -        13 Votes

 

The Motion was accordingly carried.

 

DECISION

DECIDED:-

 

(a)       to note that Officers believed expenditure on new CCTV systems would not provide value for money;

 

(b)       to approve the consultation plan and the timescales involved in the consultation process; and

 

(c)       that a second report outlining the options and costs associated with renewing or replacing the current Public Space CCTV provision in the Scottish Borders could be presented to Council in December 2019 if required.

 

5.

Fit for 2024 Update pdf icon PDF 146 KB

Consider report by Chief Executive.  (Copy attached.)

Additional documents:

Minutes:

With reference to paragraph 1 of the Minute of 28 February 2019, there had been circulated copies of a report by the Chief Executive providing an update on the 5-year programme of transformation across the Council, ‘Fit for 2024’.  It sought to inform Council on the latest position regarding change and improvement work, with a particular focus on achieving the savings target for the current financial year, as well as a look to future years.  The report gave a recap on the rationale for and main categories of work being undertaken under the Fit for 2024 Programme.  An overview was given on the various activities which had started and were seeking to contribute to achieving the objectives of the Fit for 2024 Programme.  Details were given of the early areas of service review, which would be the first to undergo SBC’s new approach.  The report further provided an update on progress towards achieving the savings for 2019/20 with reference to other financial planning targets and considerations for the next 18 months of the programme in relation to key areas of transformation activity. The Chief Financial Officer and the Service Director HR and Communications gave Members a presentation on the challenges facing the Council in achieving the £18m of savings which required to be made by 2024 and the need for a flexible plan.  Transformation needed to touch all parts of the Council and deliver clear improvements for customers.  Members noted the position and that the Council of 2024 would be very different from that of today.

 

DECISION

(a)     NOTED the initial work to establish the Fit for 2024 programme and specific elements of transformation contributing to the programme’s objectives.

 

(b)     AGREED to receive a further progress update on Fit for 2024 in November 2019, following commencement of the full financial planning process for 2020/21.

 

6.

Local Development Plan: Main Issues Report - Consultation Responses Report pdf icon PDF 156 KB

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

Additional documents:

Minutes:

With reference to paragraph 6 of the Minute of 30 August 2018, there had been circulated copies of a report by the Service Director Regulatory Services providing a note of the representations received during the consultation on the Main Issues Report carried out between November 2018 and January 2019.  The report explained that the Main Issues Report (MIR) was a forerunner to the review of the forthcoming new Local Development Plan (LDP2) which would replace the existing adopted LDP 2016.  In essence the MIR sought public views on a range of key material considerations which the LDP2 must address.  It raised a series of questions for consideration and where possible suggested preferred and alternative approaches for addressing identified issues.  The representations received required further work to be fully scrutinised and they would be taken forward for consideration and responded to as part of the preparation of the proposed LDP2.  It was anticipated the proposed LDP2 would be finalised by the end of 2019 and it was originally envisaged that it would be referred to the Council for approval at that point prior to being sent out for a public consultation.  However, as the proposed Strategic Development Plan 2 (SDP2) had recently been rejected by Scottish Ministers this raised some issues for all SESPlan member authorities as to how their respective Development Plans would be taken forward.  This included issues such as, for example, which strategic housing land requirement figures should be incorporated into Local Development Plans.  The implications of the Ministers’ decision was referred to in more detail within the report and legal advice was being sought as to how LDPs were to be progressed.   Members welcomed the report and paid tribute to the hard work of the officers involved in the process.

 

DECISION

AGREED to note the Summary of Consultation Responses submitted to the Main Issues Report as set out in the Appendix to the report.

 

7.

Community Fund and Area Partnerships Consultation pdf icon PDF 138 KB

Consider report by Service Director Customer and Communities.  (Copy attached.)

Minutes:

With reference to paragraph 5 of the Minute of 28 March 2019, there had been circulated copies of a report by the Service Director Customer and Communities proposing the approach and methodology to be followed in undertaking the review, including public consultation, of the future governance arrangements for Area Partnerships, including the allocation and disbursement of the Community Fund.  The report explained that over the last few years there had been a number of important developments, nationally and locally, which had a critical bearing on issues of governance and community inclusion and empowerment.  While those developments impacted on the Council’s work at the moment, there was a lack of certainty over the final implications both in terms of future legislation and wider governance arrangements which might come to fruition.  However, it was not possible to wait for final outcomes but to progress those areas within the Council’s remit - the Review of Area Partnerships and the Community Fund - while ensuring that any conclusions embodied sufficient flexibility to allow arrangements to respond to this developing context.  It was proposed to carry out a consultation exploring how individuals, groups and communities could be more involved in Area Partnerships and decision making.  It was further proposed that the Area Partnership Review encompassed the interim changes to grant funding and the future of the Community Fund.  The consultation would seek to gather views regarding local decision making, including what the arrangements could look like in each locality (governance arrangements may vary in each area in order to best suit local circumstances), and the new Community Fund.  In order to ensure a full and robust response the consultation would be public, open to all members of Scottish Borders communities, and would include targeted engagement.  To ensure that the review was completely impartial, clear and transparent, an external agency would be commissioned to undertake the consultation work on behalf of Scottish Borders Council.  It was envisaged that the consultation would take place during the summer/autumn with the results and any recommendations being incorporated into forthcoming budget discussions and reported back to Council before the end of 2019.  It was further proposed that a “fast track” application process would be brought in for the Community Fund for amounts of less than £1500, with a simplified application form.  This would be assessed by officers in the usual way and an officer recommendation made.  Further, delegated authority was sought for the Service Director Customer & Communities to decide such applications – in consultation with local Members – where the application could not wait for the next Area Partnership meeting.  Applications for amounts over £1500 would require to use the normal application route and decisions could only be made on these at Area Partnership meetings.  Members discussed the proposals.  Councillor H. Anderson expressed some concerns and proposed that the decision on this matter be deferred until the next meeting in August to allow further clarification and suggested that the review of Area Partnerships should be undertaken first to ascertain if  ...  view the full minutes text for item 7.

8.

May Day Holiday 2020 pdf icon PDF 102 KB

Consider report by Service Director HR and Communications.  (Copy attached.)

Minutes:

There had been circulated copies of a report by the Service Director HR and Communications proposing that Council agree to move the May Day holiday in 2020 from Monday, 4 May 2020 to Friday, 8 May 2020 to coincide with the celebration of the 75th anniversary of VE Day.  The report explained that in addition to annual leave, taken at times requested by an employee and approved by their manager, Scottish Borders Council gave employees four public holidays per annum: Christmas Day, Boxing Day and 1 and 2 January.  It also gave two fixed holidays: May Day, falling on the first Monday of May, and St. Andrew’s Day, falling on the Monday nearest to 30 November.  The Westminster Government had announced that the May Day holiday in England and Wales in 2020 would be moved from Monday, 4 May to Friday, 8 May.  This was to commemorate the 75th anniversary of VE Day, which fell on 8 May.  Bank holidays were a devolved matter in Scotland.  The Scottish Government had announced that they would also move the May Day holiday to Friday 8 May 2020.  Members supported this proposal.

 

DECISION

AGREED that Scottish Borders Council take the May Day holiday on Friday, 8 May 2020 rather than Monday, 4 May 2020.

 

MEMBER

Councillor S. Hamilton left the meeting during the following item of business

 

9.

Motion by Councillor Bell

Consider undernoted Motion by Councillor Bell in terms of Standing Order 26 seconded by K. Chapman and signed by Councillors A. Anderson, J. Brown, K. Drum, D. Moffat, C. Ramage and E. Thornton-Nicol:-

 

“As the UK Parliament has been unable to agree upon terms for withdrawal from the EU and as the facts about, and implications of, withdrawal are increasingly clear. Scottish Borders Council considers that the case for withdrawal should be directly decided by the British people on the basis of the actual facts.

Council resolves to now act to communicate this opinion to the UK Government and to all local MPs, MSPs and MEPs.”

 

Minutes:

With reference to paragraph 12 of the Minute of 31 January 2019, Councillor Bell, in terms of Standing Order 26, seconded by K. Chapman, and signed by Councillors A. Anderson, J. Brown, K. Drum, D. Moffat, C. Ramage and E. Thornton-Nicol moved the following Motion as detailed on the agenda:-

 

“As the UK Parliament has been unable to agree upon terms for withdrawal from the EU and as the facts about, and implications of, withdrawal are increasingly clear. Scottish Borders Council considers that the case for withdrawal should be directly decided by the British people on the basis of the actual facts.

Council resolves to now act to communicate this opinion to the UK Government and to all local MPs, MSPs and MEPs.”

 

Councillor Bell and Councillor Chapman spoke in support of the Motion.  Councillor Haslam, seconded by Councillor Jardine, moved against the Motion on the basis that it was outwith the scope of the Council.  There followed a lengthy discussion.

 

VOTE

On a show of hands Members voted as follows:-

Motion by Councillor Bell                    -           10 votes

Amendment by Councillor Haslam     -           14 votes

 

The amendment was accordingly carried.

 

DECISION

DECIDED that no action be taken.

 

MEMBER

Councillor Edgar left the meeting.

 

10.

Council Champion

Consider expanding the role of Learning Disabilities Champion to include physical disability.

Minutes:

The Convener proposed that the role of the Learning Disability Champion, currently held by Councillor Chapman, be extended to include physical disability and this was unanimously agreed.

 

DECISION

AGREED that the role of Learning Disability Champion be extended to include Physical Disability.

 

MEMBERS

Councillors Marshall, H. Scott and H. Anderson left during the following item of business.

 

11.

Open Questions pdf icon PDF 88 KB

Minutes:

The questions submitted by Councillors Paterson, H. Anderson, Drum, Marshall, H. Scott, Bell, Ramage, A. Anderson and Brown were answered. 

 

DECISION

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

 

12.

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

 

13.

Minute

Consider private Section of Minute of Scottish Borders Council held on 16 May 2019.  (Copy attached.)

Minutes:

The private section of the Council Minute of 16 May 2019 was approved.

14.

Committee Minutes

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

 

(a)     Executive                                                           30 April 2019

(b)     Audit & Scrutiny                                                 13 May 2019

(c)     Civic Government Licensing                              31 May 2019

(d)     Executive                                                           4 June 2019

 

(Please see separate Supplement containing private Committee Minutes.)

Minutes:

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

15.

Borderlands Inclusive Growth Deal

Consider report by Executive Director.  (Copy attached.)

Minutes:

Members noted the progress made to date, agreed the next steps and that further progress reports would be brought to Council at the appropriate time.

 

 

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