Agenda item

(Copy attached.)

There had been circulated a report by the Chief Financial Officer which set out the details of transactions on the Duns Common Good Fund for 2013/14 and the budget for income and expenditure for the year to 31 March 2015.  Appendix 1 to the report detailed the actual Income and Expenditure for 2013/14 and showed a deficit of £1,611 for the year.  It was noted that no grants to local bodies had been approved or paid in the year and none had been budgeted for in 2014/15.  Appendix 2 to the report showed the Balance Sheet position at 31 March 2014 and noted that the cash balance was £22,616.  Mrs Mirley explained that the presentation of this report had recently been reviewed and it was hoped that the new presentation would provide Members with the information they required in a clear and user friendly format.  It was noted that the format of the report could be reviewed again should Members request this.  The report went on to explain that Duns Common Good Fund had not invested any funds into the Newton Fund and Members were advised that this was mainly because the future cash requirements of the shop at South Street in Duns had yet to be determined.  Members also noted that ownership of the South Street property was also still subject to validation.  Discussion followed in respect of how matters were proceeding with regard to this property and Mrs McKinlay, Chief Legal Officer provided some additional information.  It had not been possible to establish any proper Title for the property at South Street.  The solicitors acting on behalf of two families who appeared to have an interest in the property had been contacted and it had been established that the last person who had claim to the Title had died.  The Council's Legal Services had therefore made application to the Office of the Queen's and Lord Treasurer's Remembrancer (QLTR) and had been instructed to place an advert searching for anyone who might have a claim to the Title.  A four week advert had been placed in the Scotsman following which the Council would then make application to the Office of the QLTR at the end of April 2015 to request Title for the property.  Members noted that the advertising costs would be charged to Duns Common Good Budget.  Members also noted that a claim for costs incurred by the Council could be made against any party who had claim to the property.  The Democratic Services Officer was requested to contact Mr Morison, Estates Surveyor, to establish the current situation with regard to the condition of the property and progress made in respect of essential repairs.  The Chair would also contact Mr Iain Lothian to ascertain whether there had been any changes to the current position at South Street.  Further discussion followed and it was noted that the Council did not have a duty of care in relation to the property and did not, therefore, have any responsibility in terms of difficulties encountered by third parties attempting to sell neighbouring properties.  Should the building be assessed as dangerous however, then the Council would have no other option but to take action to make the property safe and it was noted that there could be difficulties in respect of access to the property.

DECISION

(a)     NOTED:-

          (i)      the actual outturn for 2013/14 as shown in the income and expenditure account in Appendix 1; and

          (ii)     the Balance Sheet position at 31 March 2014 as detailed in Appendix 2.

(b)     AGREED:-

          (i)      the projected outturn for 2014/15 as shown in Appendix 1 as the approved budget for 214/15;

          (ii)     that updated information be requested from the Estates Surveyor in respect of the condition of the property at South Street and progress made in respect of essential repairs; and

          (iii)    to receive updated information following further contact with the Office of the Queen's and Lord Treasurer's Remembrancer (QLTR) at the end of April 2015.