Agenda and minutes

The Convener Paid tribute to staff working in Social Work and Social Care services, not just in the Council but also across the Private, Third and Voluntary sectors.  He advised that they truly had been tireless in their efforts, every day going above and beyond to make sure some of the Scottish Borders most vulnerable residents got the support they needed.  The sector had been impacted significantly by the pandemic over the two years, and of course most recently by the impact of the latest variant, but not only had staff continued to deliver this vital service, there had also been staff from other areas of the Council volunteer to take on additional hours.  There had also been students from Borders College and staff from other organisations in the Community Planning Partnership coming forward offering to get trained so they could help out.  An example that highlighted the breadth of the support was that of David Bell (Convener with Unite the Union) who recently took on additional hours at Waverley Care Home in Galashiels, having previously helped out at Saltgreens in Eyemouth during the first wave.  The Convener asked Members to join him in a vote of thanks to not only our existing Social Work and Social Care staff teams, but also to each one of the volunteers, like David, for going above and beyond at this critical time.

DECISION

AGREED to applaud the work of the staff concerned.

Consider report by Director Resilient Communities.  (Copy attached.)

With reference to paragraph 7 of the Minute of 19 March 2021, there had been circulated copies of a report by the Director Resilient Communities providing an update on the Council’s approach to Participatory Budgeting (PB), including the national position, and outlining the next steps to build on the current mainstreaming objective.  The report explained that on 29 October 2017, the Convention of Scottish Local Authorities (CoSLA) announced that Council Leaders had agreed that at least 1% of local government budgets would be subject to Participatory Budgeting by the end of the financial year (2020/21) with the aim of giving communities more influence over decisions on how funding is spent in their local area.  Nationally, whilst some work on PB had continued, the majority of local PB activity (planning or delivery) had stopped while the Council was responding to the ongoing pandemic.  As a result, CoSLA and Scottish Government had recognised the exceptional circumstances brought about by the pandemic and had revised the Framework Agreement timescales and ambition accordingly to give further flexibility to Local Authorities which were yet to achieve the 1% target.  At the same time, council officers working alongside colleagues in CoSLA, had been developing the Council’s mainstreaming approach to Participatory Budgeting.  The Council was currently forecasting to spend £3.970m on Participatory Budgeting activity, as summarised in the report, for the financial year 2021/22 with a minimum target of £2.332m required.  Training on PB was to be provided by way of a webinar and an e-learning module and details of these were appended to the report.  Councillor Tatler confirmed that progress had not been as good as he had hoped but all Councils were in a similar position as a result of the pandemic and he proposed approval of the report subject to more regular reporting.  Councillor Bell expressed concern at the lack of progress and suggested that if the proposals made by his Group as part of the budget in 2021 had been accepted more would have been achieved and proposed that the word “inadequate” should be added before progress in recommendation (a).

VOTE

Councillor Tatler, seconded by Councillor Fullarton, moved approval of the recommendations in the report subject to reporting being more frequent than annually.

Councillor Bell, seconded by Councillor H. Anderson, moved as an amendment that the word “inadequate” should be added before progress in recommendation (a).

Motion             -           23 votes

Amendment     -           9 votes

The Motion was accordingly carried.

DECISION

DECIDED to:-

(a)       note the progress to date in achieving the current 1% target;

(b)       endorse the mainstreaming approach being taken to Participatory Budgeting and the next steps outlined in the report; and

(c)       to receive a regular update report in line with the financial planning process from the Director of Resilient Communities on Participatory Budgeting activity within Scottish Borders Council and meeting the targets agreed by CoSLA.

Consider report by Chief Executive.  (Copy attached.)

With reference to paragraph 6 of the Minute of 17 June 2021, there had been circulated copies of a report by the Chief Executive seeking approval of the ‘Scottish Borders Council Plan 2022-2023’; in principle support an annual review of the Council Plan; and endorse a review of the Council’s performance management approach.  The report explained that Scottish Borders Council agreed its present Corporate Plan in February 2018.  Following Council approval of the Corporate Plan Refresh on 17 June 2021, Council was now asked to agree the ‘Scottish Borders Council Plan 1 April 2022-31 March 2023’, as set out in draft at Appendix A to the report.  The draft Plan consolidated and articulated the Council’s strategic ambition beginning with the Corporate Plan 2018-2023 but incorporating strategic commitments made since 2018.  In so doing, the draft Plan sought both to provide a bridge from the existing Corporate Plan 2018-2023 to future Council Plans and to lay a template for Council Plans going forward.  To ensure that future Council Plans kept pace with the developing strategic context and member ambition, it was proposed, in principle, that Council supported annual reviews of the Council Plan.   Furthermore, to ensure that the Council was effectively measuring strategic priorities which emerged from its Council Plan, Council was also asked to endorse a review of the Council’s performance management approach. Members welcomed the report and the ambition to closely align the Plan with the budget in future years and looked forward to the refreshed version following the elections in May.

DECISION

AGREED:-

(a)     the Scottish Borders Council Plan 1 April 2022 - 31 March 2023, as contained in Appendix A to the report;

(b)     the development of a digital version of the Plan on the Council website, building on the desk top version presented in Appendix A to the report;

(c)     in principle, that the Council Plan should be reviewed and updated annually; and

(d)     to a review of the Council’s performance management approach to ensure consistency with the Council Plan.

Consider report by Director Finance and Corporate Governance.  (Copy attached.)

There had been circulated copies of a report by the Director Finance and Corporate Governance seeking approval for an updated version of the Council’s Financial Regulations.  The report explained that the Financial Regulations were a key element in the governance arrangements for the Council.  They focused primarily on the financial control, management and administration of the Council’s financial affairs.  The Regulations were last reviewed in 2018/19 and the updates reflected the new corporate structure, services and job titles.  Pronouns used throughout the document had also been updated from he/his to they/their.  Generally the Regulations had been brought up to date to reflect changes in management responsibilities and procedures but there were no substantial changes in terms of the principles behind the Regulations or the control arrangements currently in place.  Members supported the changes.

DECISION

AGREED to approve the revised Financial Regulations, as contained in Appendix 1 to the report, for immediate implementation.

Consider report by Director Finance and Corporate Governance.  (Copy attached.)

There had been circulated copies of a report by the Director Finance and Corporate Governanceoutlining the steps taken to engage with stakeholders as part of a consultation exercise on the budget.  The report detailed the budget Communication Strategy used and provided feedback gathered from the recent survey.  This feedback had been considered as part of the 2022/23 Financial Planning process.  As part of the budget consultation exercise on the Council’s updated Financial Plan, a survey was made available to members of the public on the Council website from early December 2021 to 6 February 2022.  Members of the public were asked to help the Council understand the priorities of Borderers and gave local people the opportunity to influence the next Council budget and a range of other important service areas for the future.  As at the 6 February 2022, 765 members of the public had given their views on how they thought resources should be prioritised to address the high-level challenges the Council was facing.   A summary of the feedback and a ‘you said – we did’ analysis were included in Appendices A and B to the report.  In response to a question about the truncated detail included in Appendix A, the Director confirmed he would arrange for the publication of the full text of the feedback received.  Members thanked the public for their input and highlighted the importance of listening to all views.

DECISION

AGREED to:-

(a)     note the budget Communication Strategy used; and

(b)     consider the feedback provided by respondents to the survey in setting the Council’s budget for 2022/23 and subsequent financial years.

Consider report by Director Finance and Corporate Governance.  (Copy attached.)

With reference to paragraph 5 of the Minute of 16 December 2021, there had been circulated copies of a report by the Director Finance and Corporate Governance providing Council with a final Long Term Financial Strategy document including detailed financial modelling to supplement the 2022/23 Financial Plan.  The report explained that the Council first adopted a five year planning period for revenue in 2013/14.  This strategy now adopted a ten year look forward, aligning the time frame for revenue planning with the ten year period already adopted for planning the capital investment programme.  The approach to longer term financial planning was advocated as good practice by Audit Scotland.  This approach had allowed the Council to deliver balanced budgets in each year since 2013/14 and to plan effectively for the financial consequences of multi-year transformational change across the Council.  Since adopting a longer term planning horizon the Council had successfully delivered £63m of savings on a permanent basis, assisting significantly with financial sustainability.  Adopting a consistent 10 year revenue planning horizon would further assist the Council to plan service and strategic change appropriately and ensure the financial implications of the Corporate Plan were properly considered, affordable and reflected in future budgets.  Members supported this good practice resulting in balanced budgets.

DECISION

AGREED to approve the long term financial strategy, as contained in Appendix 1 to the report, to assist revenue financial planning over a 10 year period from 2022/23.

Consider report by Director Finance and Corporate Governance. (Copy attached.)

7.1       There had been circulated copies of a report by the Director Finance and Corporate Governance advising Council of the estimated revenue and capital resources available for financial year 2022/23 following publication of the Local Government Finance Settlement (LGFS) on 20 December 2021 and the subsequent announcement of further one off funding of £120m for Local Government on 27 January 2022.  The report recommended the financial strategy to be followed by the Council next financial year and identified the financial constraints and major risks to be addressed.  It also outlined the process supporting the construction of the draft revenue and capital Financial Plans for 2022/23 as well as draft plans for future years.

7.2       The report explained that the Strategic Leadership Team had supported Members to set a corporate revenue and capital budget, meeting identified pressures facing the Council.  These pressures had arisen from a variety of factors.  The principal pressures identified were due to the anticipated continuing constraints on external revenue and capital funding from central government, the uncertainty around national pay negotiations, the increasing pressures from demographics, particularly the increasing numbers of older people requiring care services, as well as general inflation.  The budget development process had been conducted to ensure that the financial plans of the Council were aligned with its business and people planning objectives and the level of resources available.  The report highlighted that total revenue resources of £324.871m were available to Elected Members assuming the Council accepted the 2022/23 settlement offer from Scottish Government.  The settlement gave Councils full flexibility to set the Council Tax rate that was appropriate for their local authority area for 2022/23.  The impact of other potential variations in the Council Tax were detailed in the report.  The benefits, in terms of financial stability and effective change management, derived from adopting a longer term corporate approach to the revenue and capital planning process were widely accepted.  This approach had been developed for financial year 2022/23 with a 10 year revenue financial strategy being included for approval elsewhere on this agenda.  This brought the long term planning horizon for both revenue and capital in line at 10 years. 

7.3       Financial year 2022/23 represented the fifth year of the revenue 5 year financial plan for the Council first agreed in February 2018.  It was anticipated Members would continue to adopt a longer term approach to financial planning.  Estimates would continue to be updated annually as the detail of the financial settlement from Scottish Government became known.  The Council had approved a revised approach to organisational change under the banner of ‘Fit for 2024’ when the budget was set for 2019/20 in February 2019.  This approach continued to reshape the transformation programme ensuring individual projects were more cross-cutting and focused on joined up business process review.  The Fit for 2024 programme had been a strong driver in developing financial plan proposals for the 5 year period of the plan.

7.4       The report also sought approval of the financial strategy for the Council covering  ...  view the full minutes text for item 7.

Consider report by Director Finance and Corporate Governance.  (Copy attached.)

There had been circulated copies of a report by the Director Finance and Corporate Governance presenting Scottish Borders Council’s updated Capital Investment Strategy (CIS) supporting the 2022/23 financial planning process.  The report explained that the requirements of the Prudential Code were updated in December 2017 including the recommendation that Councils publish a Capital Investment Strategy to support their Capital Plan.  This strategy therefore supported the strategic investment priorities of Scottish Borders Council through the Capital Plan.  The Capital Investment Strategy was designed to highlight the capital investment priorities and explained how these priorities would assist with the delivery of the Council’s Strategic Corporate Plan 2018 -2023 and the new Council Plan 2022-23, which was considered at paragraph 3 above.  As such, the CIS was structured to reflect the themes of this Council Plan.  The Strategy document appended to the report was to be read in conjunction with the Council’s 10 year capital investment plan 2022 – 2032 and the Treasury Strategy which provided detail of the Council’s Prudential Indicators and set out how the Capital Investment plans of the Council would be financed.  Members welcomed the report and commented on the ambitious programme of capital expenditure.

DECISION

AGREED to approve the Capital Investment Strategy as part of the suite of 2022/23 budget papers on the Council agenda.

Consider report by Director Finance and Corporate Governance.  (Copy attached.)

There had been circulated copies of a report by the Director Finance and Corporate Governance proposing approval of the Treasury Management Strategy 2022/23.  The report explained that the Treasury Management Strategy was the framework which ensured that the Council operated within prudent, affordable limits in compliance with the CIPFA Code.  The Strategy for 2022/23, a copy of which was appended to the report, reflected the impact of the Administration’s Financial Plans for 2022/23 onwards on the prudential and treasury indicators for the Council.  Councillor Bell advised that the Audit and Scrutiny Committee had reviewed this report and had drawn attention to the narrowing of gap in terms of the Council’s borrowing limit which fell from 36% to 1% in future years.  He asked that Councillors, following the elections in May, review this operational boundary and the Director confirmed he would bring it to the attention of the new Administration.

DECISON

AGREED to:-

(a)       approve the Treasury Management Strategy 2022/23 as set out in Appendix 1 to the report;

(b)       note that the draft Treasury Management Strategy was considered by Audit & Scrutiny Committee on 14 February March 2022, where it noted the narrowing of the gap between Capital Financing Requirements and Authorised Limit for External Debt;

(c)       review the capital expenditure plans going forward to ensure they remained realistic, affordable and sustainable; and

(d)       ensure that the revenue consequences of all capital projects be fully reviewed in all investment decisions.

Consider report by Director, People, Performance and Change.  (Copy attached.)

There had been circulated copies of a report by the Director People, Performance and Change seeking to provide assurance to Members that any potential equality impacts of the proposals contained within the Council’s Financial Plan from 2022/23 had been identified and would be managed accordingly.  The Council had a legal obligation under the Equality Act 2010, when exercising functions, to have due regard to the need to:

(a)       eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act;

(b)       advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(c)       foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

This was known as the Public Sector Equality Duty.  Carrying out and considering the findings of an Equality Impact Assessment (EIA) as part of the decision making process was the method of ensuring “due regard” was paid to the effect of the relevant policy or practice on the Council’s obligations under the Public Sector Equality Duty.  The Council also had an obligation under the Fairer Scotland Duty to consider how socio- economic inequalities could be reduced through strategic decisions that it made.  The Council accordingly subjected prospective policies and practices to assessment through an Integrated Impact Assessment (IIA).  This addressed potential impacts, both positive and negative, on the Council’s duties under the Equalities and Fairer Scotland legislation.  Initial Integrated Impact Assessments on the 2022/23 Financial Plan proposals had been undertaken as an integral part of the revenue and capital budget planning processes in order to fully inform decisions proposed by officers and approved by Members.  Some of the revenue proposals had been carried forward from previous years and so had already been subject to an impact assessment. Where that was the case they had been re-assessed where appropriate.  The small number which had not been re-assessed could be as the detailed proposals developed.  The capital proposals had all been carried forward from previous years and had not been re-assessed.  While some of the assessed proposals indicated no impact, it was recommended that any potential impact continue to be monitored, given the nature of the proposals.  Those 40 proposals may potentially impact in a positive or negative way on one or more of the Protected Characteristics or Socio- Economic Factors and any potential negative impact would require ongoing management through their implementation stage, in terms of mitigating and alleviating these impacts.  Any positive impacts identified at this stage should be maximised during the planning and implementation stage of the proposals.  Members welcomed the report.

DECISION

AGREED:-

(a)     to note the summary outcomes of the 40 Initial Integrated Impact Assessments undertaken in respect of the 2022/23 Financial Plan proposals as detailed in Appendix 1 to the report;

(b)     that officers undertake further and ongoing Impact Assessment work, as necessary, in respect of those proposals with specific reference to the equality or socio- economic groups on whom there may  ...  view the full minutes text for item 10.

Consider Motion by Councillor Haslam, seconded by Councillor Rowley including the Administration's Draft Financial Plan for Revenue & Capital & Fees & Charges.  (Copy Motion and supporting papers attached.)

11.1       Councillor Haslam, seconded by Councillor Rowley, moved approval of the following Motion which had been circulated with the agenda:-

“This Administration delivers for the Borders.  Since 2017 we have worked with our community planning partners to deliver new schools, new community infrastructure, delivered the award winning Inspire learning programme, which provided every child in the their 4^th year of primary schooling to their sixth year in our secondary schools, with an iPad, enabling home schooling during lock down and transforming the delivery of Education.

We have supported the Borders effectively during one of the most difficult periods in our history, sustaining services such as care for our vulnerable and waste collections throughout the pandemic.  But we have also assisted in the protection of our economy by supporting key suppliers in the transport, early years and social care sectors with their cash flow, providing over £70m of grants to local businesses affected by COVID-19, and supporting vulnerable families through our 5 Community Assistance Hubs.

We have delivered on tackling poverty and agreed a new anti-poverty strategy, sustaining local jobs through our contracts with local businesses, become a living wage employer.  

We have delivered on protecting and prioritising our environment commitment, declaring a climate emergency, developing a climate change route map to guide our transition to net zero carbon emissions by 2045.  We have already diverted all our household waste from landfill, increased recycling rates, improved the energy efficiency of many of our buildings, and invested heavily in major infrastructure projects such as the Hawick Flood protection scheme and the associated active travel network.

We have delivered new community infrastructure through our play areas and outdoor community spaces programme in Peebles, Galashiels, Newtown St Boswells and Kelso and at Harestanes, opened the new Jedburgh Grammar school and supported community groups to deliver their own projects including the hugely successful Hawick Pump Track.   

We have opened new tourist attractions in Duns through the extended Jim Clark Museum and in Galashiels through the new Great Tapestry Centre bringing visitors to the Borders and creating new jobs.

We have delivered on the commitment to offer 1,140 hours of annual free childcare to every two to five year old in the Borders.

With regards to partnerships, we have signed not one but two City Deals through the Edinburgh and South East Scotland City Deal and the Borderlands Inclusive Growth Deal.  Both these major initiatives will bring additional jobs and prosperity to the Region, including a new Mountain bike innovation centre in Innerleithen and delivery of the Destination Tweed project.

We have achieved all this at a time of ongoing constraint in public finances and balanced the books, having to make £63.4m of savings over the last 5 years  (including a projected £9.3m in the current year) since we took office.  Our Council tax remains one of the lowest in mainland Scotland.

Our plans for next years’ budget have been shaped by an extensive public consultation which generated 765 responses from local people.  ...  view the full minutes text for item 11.

Consider report by Director Infrastructure and Environment.  (Copy attached.)

There had been circulated copies of a report by the Director Infrastructure and Environment setting out proposed priorities for delivery of investment in play areas and outdoor community spaces across the Borders for 2022-2029, building on the strategic investment programme approved in 2018.  This report also proposed the establishment of an Elected Members Reference Group to oversee delivery.  The 2022/23 Capital Investment Plan, which had been approved as part of Item 11 above, included funding of £4.048m into Play Areas and Outdoor Community Spaces.  This investment aimed to improve community wellbeing and enhance outdoor activity opportunities for all ages.  With the programme of original commitments nearing completion, a further programme of prioritisation for investment was now required.  On that basis Officers had met with Ward Members to review future priorities for investment and, taking this into account, had prepared a proposed programme for investment over the next seven years.  Parks & Environment would work with colleagues in the Communities and Partnerships Team to undertake local community engagement at the development stage throughout the investment programme in relation to the Council’s Participatory Budgeting commitment.  Councillor Parker, seconded by Councillor Fullarton, moved the recommendations with an amendment that Area Partnerships appoint representatives to the Members Reference Group.  Councillor H. Anderson, seconded by Councillor Thornton-Nicol, moved as an amendment to add a recommendation “Agrees to delegate authority to each Area Partnership to support the delivery and ongoing review of the proposed programme for their area.  It is proposed that local area members and officers work closely with Area Partnerships on the development and oversight of these programmes.”   Councillor Parker asked if Councillor Anderson would withdraw her amendment if he gave an undertaking that the Working Group would engage with Area Partnerships and she agreed.  Members welcomed the report and highlighted the importance of outdoor play for children.

DECISION

AGREED:-

(a)     to approve the proposed programme of work set out in Appendix A to the report;

(b)     to approve the establishment of a Members Reference Group to support the delivery and ongoing review of the proposed programme and that each Area Partnership would appoint a Members to that Group;

(c)     that the Members Reference Group would engage with all Area Partnerships; and

(d)     that recommendations on future changes to this programme would be highlighted as part of the established Financial Monitoring process to the Executive Committeee.

CHAIRMAN

Councillor Parker resumed as Chair of the meeting.

MEMBERS

Councillor Marshall and McAteer left the meeting.

Under Section 50B(4)(b) of the Local Government (Scotland) Act 1973, the Chairman 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 or to keep Members informed.

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 paragraph 1 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  the Appendix to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 1 of Part I of Schedule 7A to the Act.

      SUMMARY OF PRIVATE BUSINESS

Consider urgent private Motion by Councillor Rowley.  (Copy attached.)

Council approved a motion by Councillor Rowley relating to Member appointments.