Agenda and minutes

1.1       The Convener congratulated the following Borderers who had received an award in the recent Queen’s Birthday Honours:-

·                Mr Richard Kenney from Galashiels, President, Commonwealth Judo Association - OBE for services to Judo                     

·                Mr Peter J Stevenson from Selkirk, Chief Policy Adviser, Compassion in World Farming - OBE for services to Farm Animal Welfare  

·                Captain Caroline Brophy-Parkin from Hawick - MBE for services to the community in Hawick during the Covid-19 response

·                Mr Alexander Hogg from Eddleston, Chair, Scottish Gamekeepers Association - MBE for services to Gamekeeping in Scotland

·                Mr Stephen Winyard, Chair, Stobo Health Spa - MBE for services to Business and the community in Peeblesshire

·                Ms Sophie Jane Hamilton from Peebles - BEM for services to the community in Peebles during Covid-19                         

·                Mrs Sharon McKendrick, Store Manager, Morrisons from Coldstream - BEM for services to the community during Covid-19           

·                Mr Graham Wilson, Special Constable, Police Scotland from Jedburgh -. BEM for services to Law and Order in the Scottish Borders.       

1.2       The Convener reported that Scottish Borders Council's Inspire Learning programme had won in two categories at the 2020 Local Government Chronicle (LGC) Awards.  These prestigious awards recognised achievements of local authorities across the UK.  The programme won in the 'Future Places' and ‘Public/Private Partnership’ categories during an online ceremony today, Wednesday 28 October.  The Future Places award was for councils that had worked creatively with technology to make the area they serve more prosperous, ‘liveable’ and resilient in the face of likely social, economic, demographic, political or environmental trends.  The Public/Private Partnership category recognised councils who worked with private or voluntary sector organisations to devise better, more efficient services. Inspire Learning was run in partnership with SBC's IT partner CGI, alongside XMA and Apple.

DECISION

AGREED that congratulations be passed to those concerned.

Consider Minute of Scottish Borders Council held on 25 September 2020 for approval and signing by the Convener.  (Copy attached.)

The Minute of the Meeting held on 25 September 2020 was considered. 

DECISION

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

Consider Minutes of the following Committees:-

(a)     Hawick Common Good Fund                             2 September 2020

(b)     Community Planning Strategic Board                10 September 2020

(c)     Jedburgh Common Good Fund                         14 September 2020

(d)     Executive                                                           15 September 2020

(e)     Major Contracts Governance                             15 September 2020

(f)      Kelso Common Good Fund                               15 September 2020

(g)     Civic Government Licensing                              18 September 2020

(h)     Local Review Body                                            21 September 2020

(i)      Pension Fund                                                     24 September 2020

(j)      Pension Fund Board                                          24 September 2020

(k)     Audit & Scrutiny                                                 28 September 2020

(l)      Lauder Common Good Fund                             29 September 2020

(m)    Planning & Building Standards                          5 October 2020

(n)     Executive                                                           6 October 2020

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

The Minutes of the following Committees had been circulated:-

(a)     Hawick Common Good Fund                             2 September 2020

(b)     Community Planning Strategic Board                10 September 2020

(c)     Jedburgh Common Good Fund                         14 September 2020

(d)     Executive                                                           15 September 2020

(e)     Major Contracts Governance                             15 September 2020

(f)      Kelso Common Good Fund                               15 September 2020

(g)     Civic Government Licensing                              18 September 2020

(h)     Local Review Body                                            21 September 2020

(i)      Pension Fund                                                     24 September 2020

(j)      Pension Fund Board                                          24 September 2020

(k)     Audit & Scrutiny                                                 28 September 2020

(l)      Lauder Common Good Fund                             29 September 2020

(m)    Planning & Building Standards                          5 October 2020

(n)     Executive                                                           6 October 2020

DECISION

APPROVED the Minutes listed above.

Consider the following reports (Copies attached.):-

There had been circulated copies of a report by Audit Scotland, the Council’s Auditors, together with a report by the Executive Director, Finance & Regulatory, and a copy of the Annual Accounts 2019/20.  The Executive Director’s report explained that the audit appointment of Audit Scotland for Scottish Borders Council accounts included the requirement to provide an auditor's report for the Council as well as related charities. KPMG had continued to provide the external audit of the council subsidiary bridge homes.  2019/20 represented the fourth year of Audit Scotland undertaking the External Audit of the Council’s Annual Accounts and they had prepared the Annual Audit Report which provided an unqualified independent audit opinion.  The Annual Audit Report summarised Audit Scotland’s conclusions, including:

·                An unqualified audit opinion

·                Audit Scotland concur with management’s accounting treatment and judgements;

·                Audit Scotland concluded positively in respect of financial management, financial sustainability, governance and transparency and best value.

Audit Scotland had identified four recommendations for improvement requiring action and these had been accepted by management and would be enacted within the agreed timescales.   As required under the Local Authority Accounts (Scotland) Regulations 2014, the audited Annual Accounts for Scottish Borders Council, SBC Common Good Funds, the SBC Charitable Trusts, Bridge Homes LLP and Lowood Tweedbank Ltd and Scottish Borders Council’s Pension Fund had all been presented to the Audit and Scrutiny Committee prior to signature.  KPMG had concluded their audit of Bridge Homes LLP, subject to approval of their mandatory going concern consultation which was required on all UK audits as a result of Covid-19. They had raised no issues or matters to report.  Members noted the impact of Covid-19 on the Council’s financial position and welcomed the unqualified audit opinion.  In response to a concern that the recording of Education Maintenance Payments was still an issue after being raised for the last 3 years, Mr Robertson advised that work was ongoing to ensure that pupil records matched the payments made.  However, he confirmed that this had not prevented the Council being able to claim their grant for these payments in full.  Mr Robertson advised that following the preparation of his report a late notification regarding a presentational change to the gross income and expenditure figures relating to the IJB had been received.  However, this had no overall impact on the final figures and he was happy to make this adjustment.

DECISION

AGREED to approve the following Audited Accounts:-

(a)       the Scottish Borders Council’s audited Annual Accounts for the year to 31 March 2020;

(b)     the Scottish Borders Council’s Pension Fund audited Annual Accounts for the year to 31 March 2020;

(c)     the Scottish Borders Council Common Good Funds’ (Charity SC031538) audited Annual Accounts for the year to 31 March 2020;

(d)     the SBC Welfare Trust (Charity SC044765) audited Annual Accounts for the year to 31 March 2020;

(e)     the SBC Education Trust (Charity SC044762) audited Annual Accounts for the year to 31 March 2020;

(f)      the SBC Community Enhancement Trust (Charity SC044764) audited Annual Accounts for the  ...  view the full minutes text for item 4.

Consider report by Executive Director, Finance & Regulatory.  (Copy attached.)

There had been circulated copies of a report by the Executive Director, Finance & Regulatory, presenting the Annual Treasury Management activities undertaken during the 2019/20 financial year.  The report explained that the CIPFA Code of Practice on Treasury Management in the Public Services (the Code) required an annual report on treasury management to be submitted to Council following the end of each financial year.  This report highlighted the Council’s treasury activity undertaken in the year ended 31 March 2020 and the performance of the Treasury function.  Appendix 1 to the report was the Annual Report of Treasury Management activities for 2019/20 and contained an analysis of performance against targets set in relation to Prudential and Treasury Management Indicators.  The Appendix also showed the Council’s borrowing requirement to fund the capital investment undertaken during 2019/20, how much the council actually borrowed against the sums budgeted, and the level of external debt within approved limits. During the year the Council had again, where possible, deferred borrowing using surplus cash rather than undertaking new borrowing.  However, the Council did undertake long term borrowing of £7.5m during the year, due to the cashflow of the capital program.  Treasury management activity for the year had been undertaken in compliance with approved policy and the Code.  The Council remained under-borrowed against its Capital Financing Requirement (CFR) at 31 March 2020.

DECISION

NOTEDthat treasury management activity in the year to 31 March 2020 was carried out in compliance with the approved Treasury Management Strategy and Policy as detailed within report and the attached Appendix.

Consider report by Executive Director, Finance & Regulatory.  (Copy attached.)

There had been circulated copies of a report by the Executive Director, Finance & Regulatory, on the current 2020/21 Capital Plan and reflected a re-alignment of the capital budget taking into account all known COVID-19 impacts.  An in-year exercise to review capital budgets had been undertaken by the Corporate Management Team based on the second quarter (September 2020 month end) position as reflected in Appendix 1 to the report.  The report explained that the approach to the review of the capital budget had focussed on assessing the impact of the national “lockdown” of the construction industry and the associated inevitable delays in current and planned programmes of work.  The overall impact on the capital plan was that net £29.637m of budget within the Capital Plan required to be moved as a timing movement to future years along with adjustments to budgets in the current year of £0.915m.  Taken together these adjustments reduced the capital budget of £96.953m down to £68.231m.  This revised position was based on a review of deliverability of projects within the plan with revised budgets now representing best estimates of budgetary spend by managers during the remainder of 2020/21.  In response to a question regarding further detail around the CGI contract extension, Mr Robertson confirmed that details of specific projects would be brought forward in due course and highlighted some of the current projects including the expansion of the Inspire Programme into Care Homes and the provision of mobile technology to front-line staff.

DECISION

AGREED:-

(a)     the revisions to the capital budgets for 2020/21 as set out in Appendix 1 to the report and noted that these would be included within the Executive Committee monitoring report on 17November 2020; and

(b)    to note that future monitoring reports would be presented to the Executive Committee as part of the financial monitoring processes.

Consider report by Executive Director, Corporate Improvement and Economy. (Copy attached.)

There had been circulated copies of a report by the Executive Director, Corporate Improvement & Economy, proposing 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 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 2020, as contained in Appendix 1 to the report, had been prepared to provide information on the development plan process.  It set out the latest position on the Council’s development plans.  The Chief Planning Officer advised that once approved this would be submitted to Scottish Government.  Members raised the issue of poor consultation in relation to some other matters and asked that the need for early consultation was highlighted across the Council.  In response to a question on Place Plans, Mr Aikman advised that this part of the legislation had not been enacted yet but the Council would support communities to prepare these in due course.  These Place Plans would likely be included within the next Local Development Plan.

DECISION

AGREED:-

(a)     to approve the proposed Development Plan Scheme 2020, 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 Executive Director to make any necessary minor editing and design changes to the Development Plan Scheme prior to publishing it.

Consider report by Chief Officer Audit & Risk.  (Copy attached.)

There had been circulated copies of a report by the Chief Officer, Audit and Risk, submitting the Audit and Scrutiny Committee Annual Report 2019/20, as contained in the Appendix to the report, which presented the Committee’s performance in relation to its Terms of Reference (Audit functions) and the effectiveness of the Committee in meeting its purpose.  The report explained that it was important that the Council’s Audit and Scrutiny Committee (Audit functions) fully complied with best practice guidance on Audit Committees to ensure it could demonstrate its effectiveness as a scrutiny body as a foundation for sound corporate governance for the Council.  The CIPFA Audit Committees Guidance included the production of an annual report on the performance of the Audit and Scrutiny Committee against its remit (Audit functions) for submission to the Council. Scottish Borders Council continued to be a lead authority in adopting this best practice.  The Audit and Scrutiny Committee carried out self-assessments of Compliance with the Good Practice Principles Checklist and Evaluation of Effectiveness Toolkit from the CIPFA Audit Committees Guidance during their Informal Session on 9 March 2020 facilitated by the Chief Officer Audit & Risk. The Members of the Committee considered the Annual Report and supporting self-assessment documents at their meeting on 22 October 2020 and agreed that they accurately represented the results of the self-assessment exercise. The outcome of the self-assessments was a high degree of performance against the good practice principles and a high degree of effectiveness, with areas of further improvement identified.  Councillor Bell as Chairman of the Committee thanked Jill Stacey and her team and other officers for their support and commented on the good work being carried out.

DECISION

AGREED to acknowledge the performance of the Audit and Scrutiny Committee and approve its Annual Report 2019/20, as contained in the Appendix to the report.

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

There had been circulated copies of a report by the Service Director Customer and Communities proposing temporary amendments to the current Scheme for the Establishment of Community Councils to assist with their operation during the Covid pandemic.  The report explained that, as with other organisations, the operation of Community Councils had been impacted by Covid-19.  Although some of the usual business of Community Councils would have stopped, other business would have increased and Community Council work needed to continue.  In this respect, amendments were proposed to the current Scheme to facilitate this, with regards to the term of office of a Community Council and the minimum membership.  A number of Community Councils had been due to hold elections in 2020 and, going forward, in the first part of 2021.  It was not practical at the moment to hold contested elections for Community Councils, so it was proposed to extend the term of office to a maximum of 5 years on a temporary basis up until 31 August 2021.  When the membership of a Community Council fell to less than half the maximum membership, a by-election was held to increase the number, otherwise the Community Council was dissolved for a period of 3 months.  To assist Community Councils, whose membership was close to the minimum number required to continue, it was proposed for a temporary period up until 31 August 2021, to allow a further reduction below that minimum number.  Members welcomed the report and commented on the important work being carried out by Community Councils during the current pandemic.  Councillor Tatler proposed acceptance of the report with the addition if the words “if required” after “31 August 2021” in the first recommendation and this was unanimously accepted.  In response to a question from Councillor Greenwell regarding the fact that Coldstream currently did not have a community council, the Clerk to the Council confirmed that unfortunately no action could be taken at present to start the process.

DECISION

AGREEDto temporarily amend the Scheme for the Establishment of Community Councils:-

(a)     to extend the term of office of a Community Council by up to 1 year until 31 August 2021, if required, for those Community Councils which were due to hold an election in 2020 or early in 2021; and

(b)     up until 31 August 2021, where membership of a Community Council had fallen to less than half the maximum number of members:

(i)      for those Community Councils with 8 members or less as a maximum membership, there would be no further reduction to minimum membership requirements;

(ii)     for those Community Councils with a maximum membership of between 9 members up to 11 members, the minimum membership requirement would be reduced by a further one from half the maximum number; and

(iii)    for those Community Councils with a maximum membership of 12 or more members, the minimum membership would be reduced by a further two from half the maximum number.

Consider appointment of members of the Major Contracts Governance Group to replace Councillors Miers and Moffat.

It was noted that appointments required to be made to the Major Contracts Governance Group to replace Councillors Miers and Moffat.  Councillor Bell, seconded by Councillor Moffat, moved that Councillor A. Anderson be appointed and Councillor Mountford, seconded by Councillor S. Scott, moved that Councillor Haslam be appointed.  There being no other nominations both appointments were unanimously approved.

DECISION

AGREED that Councillors A. Anderson and Haslam be appointed as members of the Major Contracts Governance Group with immediate effect.

Consider Motion by Councillor Jardine in the following terms:-

“I ask that the council formally recognises the achievement of Scottish Borders athlete Reece Wilson on becoming the 2020 UCI Men’s Downhill Mountain Bike world champion. Although competing in the championships for Great Britain, Reece also became the first ever Scottish world champion in this event.” 

Councillor Jardine, seconded by Councillor Haslam, moved approval of his Motion as detailed on the agenda in the following terms:-

““I ask that the Council formally recognises the achievement of Scottish Borders athlete Reece Wilson on becoming the 2020 UCI Men’s Downhill Mountain Bike world champion. Although competing in the championships for Great Britain, Reece also became the first ever Scottish world champion in this event.” 

Both Councillor Jardine and Councillor Haslam spoke in support of the Motion which was unanimously approved.

DECISION

AGREED to approve the Motion as detailed above.

Consider Motion by Councillor Laing in the following terms:-

“Scottish Borders Council endorses Sea the Change in Eyemouth in becoming accredited by Surfers Against Sewage and supports their ambition to have Eyemouth designated as a Plastic Free Town.

This involves the council committing to make every possible effort to minimise use of single-use plastics.

The council will support Sea the Change in their campaign to encourage plastic-free initiatives within Eyemouth and agrees that an elected Member sit as Council representative on their steering group.”

12.1  The Convener advised that before the meeting he had agreed with Councillor Laing to remove the section of her Motion relating to the appointment of a Council representative as further consideration of the role for such a member would be required.

12.2  Councillor Laing, seconded by Councillor Aitchison, moved approval of her amended Motion in the following terms:-

          ““Scottish Borders Council endorses Sea the Change in Eyemouth in becoming accredited by Surfers Against Sewage and supports their ambition to have Eyemouth designated as a Plastic Free Town.

This involves the council committing to make every possible effort to minimise use of single-use plastics.

The Council will support Sea the Change in their campaign to encourage plastic-free initiatives within Eyemouth”

Councillor Laing and Councillor Aitchison spoke in support of the Motion which was unanimously approved.

         DECISION

         AGREED to approve the Motion as detailed above.

The questions submitted by Councillors Robson, Bell, H. Scott, Ramage, H. Anderson, Thornton-Nicol and Laing were answered. 

DECISION

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

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 25 September 2020.  (Copy attached.)

The private section of the Council Minute of 25 September 2020 was approved. 

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

(a)     Hawick Common Good Fund                             2 September 2020

(b)     Executive                                                           15 September 2020

(c)     Major Contracts Governance                             15 September 2020

(d)     Civic Government Licensing                              18 September 2020

(e)     Pension Fund                                                     24 September 2020

(f)      Lauder Common Good Fund                             29 September 2020

(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 Executive Director, Corporate Improvement & Economy.  (Copy attached.)

Members approved a report by the Executive Director, Corporate Improvement and Economy, on the transfer of Business Gateway to South of Scotland Enterprise.

MEMBER

Councillor Cochrane left the meeting during consideration of the following item.

Consider report by Executive Director, Corporate Improvement & Economy.  (Copy attached.)

Members approved a report by the Executive Director, Corporate Improvement and Economy, on progress towards concluding the Borderlands Inclusive Growth Deal and outline Business Cases.