Agenda and minutes

1.1     The Convener paid tribute to Doddie Weir who had sadly passed away.  A service to celebrate his life was to be held in Melrose on 19 December.  The Convener expressed gratitude for the work he had done in relation to awareness and fund raising for MND research.  He also expressed condolences to the family on behalf of the Council.

1.2     The Convener congratulated the Housing Strategy Team which had won an Energy Action Scotland Award for their Warm Borders Scheme in association with the CAB and Changeworks.

1.3     The Convener congratulated Jake Higgins from Wilton Primary School who had won the annual Council Christmas Card Competition.

          DECISION

          NOTED the Convener’s remarks and agreed that congratulation be passed on as appropriate.

Consider Minute of Scottish Borders Council held on 24 November 2022 for approval and signing by the Convener.  (Copy attached.)

The Minute of the Meeting held on 24 November 2022 was considered. 

DECISION

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

Consider Minutes of the following Committees:-

(a)     Police, Fire & Rescue and Safer

          Communities Board                                           2 September 2022

(b)     Selkirk Common Good Fund                              15 September 2022

(c)     Sustainable Development                                  16 September 2022

(d)     Selkirk Common Good Fund                             6 October 2022

(e)     Pension Fund                                                     19 October 2022

(f)      Pension Board                                                    19 October 2022

(g)     Chambers Institution Trust                                 19 October 2022

(g)     Scrutiny & Petitions                                            20 October 2022

(h)     Tweeddale Area Partnership                             1 November 2022

(i)      Planning & Building Standards                          7 November 2022

(j)      Selkirk Common Good Fund                              14 November 2022

(k)     Executive                                                           15 November 2022

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

            The Minutes of the following Committees had been circulated:-

        Police, Fire & Rescue and Safer Communities Board         2 September 2022

          Selkirk Common Good Fund                                                15 September 2022

          Sustainable Development                                                     16 September 2022

          Selkirk Common Good Fund                                                6 October 2022

          Pension Fund                                                                        19 October 2022

          Pension Board                                                                       19 October 2022

          Chambers Institution Trust                                                    19 October 2022

          Scrutiny & Petitions                                                               20 October 2022

          Tweeddale Area Partnership                                                1 November 2022

          Planning & Building Standards                                             7 November 2022

          Selkirk Common Good Fund                                                14 November 2022

          Executive                                                                               15 November 2022

         DECISION

APPROVED the Minutes listed above.

MEMBER

Councillor Small joined the meeting.

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

With reference to paragraph 6 of the Minute of 27 May 2021, there had been circulated copies of a report by the Director Infrastructure and Environment proposing approval of the Local Flood Risk Management Plans for the Forth Estuary Local Plan District, the Tweed Local Plan District and the Solway Local Plan District.  This approval was required to allow for publication of the Local Flood Risk Management Plans in Scotland on 31 December 2022.  The report explained that the Flood Risk Management (Scotland) Act 2009 (FRM Act) required the production of Local Flood Risk Management Plans covering each Local Plan District (LPD) in Scotland.  Scottish Borders Council’s area fell within 3 of the 14 Local Plan Districts in Scotland.  These were Forth Estuary Local Plan District, Tweed Local Plan District and Solway Local Plan District.  Under FRM Act there were two sets of complementary plans; the SEPA Flood Risk Management Plans, approved by Scottish Ministers and subsequently published by the Scottish Environment Protection Agency (SEPA) in January 2022 and Local Flood Risk Management Plans produced by Lead Authorities to be published 31 December 2022.  Scottish Borders Council was the Lead Authority for Tweed Local Plan District.  The SEPA Flood Risk Management Plans and Local Flood Risk Management Plans had been developed through collaborative partnerships between Local Authorities, SEPA, Scottish Water and other stakeholders.  The SEPA Flood Risk Management Plans and Local Flood Risk Management Plans provide a framework for co-ordinating actions across catchments to dealt with all sources of flooding.  The plans ensured long term planning around flooding and under Section 41(2) of the FRM Act and Scottish Ministers must take them into account when allocating funding.  This approach helped target investment to areas where there was the greatest risk of flooding and where communities could receive the greatest benefit.  This would help to maximise the benefit of public investment.  The Local Flood Risk Management Plans took the objectives and actions identified in the SEPA Flood Risk Management Plans and set out who would be responsible for delivering the action, how the action would be funded, a timetable for when the action would be delivered and how it would be co-ordinated within the second FRM Cycle 2022 - 2028.  There was now a need to obtain the Council’s approval of the Forth Estuary Local Flood Risk Management Plan, the Tweed Local Flood Risk Management Plan and the Solway Local Flood Risk Management Plan prior to the national publication date of 31 December 2022.  Although the Council had an interest in only one Potentially Vulnerable Area (PVA) in the Forth Estuary (PVA 02/10/28 – Berwickshire Coast) and one in Solway (PVA 02/14/04 – Newcastleton) Local Plan Districts there was a requirement through legislation for both plans to be approved in their entirety.  Members welcomed the report and thanked Mr. Morrison and his team for all their work on flood prevention.  However, Members commented on the increasing need for works to address more frequent flooding due to climate change.  Concern was  ...  view the full minutes text for item 4.

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

With reference to paragraph 9 of the Minute of 16 December 2021, there had been circulated copies of a report by the Director Infrastructure and Environment providing an update on the Gypsy/Traveller needs analysis and consultation activity undertaken as part of the Local Housing Strategy 2023-2028 development process and sets out proposed next steps.  This built on the reports to Council in December 2021 and June 2022 on the experience during the COVID restrictions which highlighted that existing provision was neither adequate nor flexible enough to meet requirements of the Gypsy/Traveller community.  The Housing (Scotland) Act 2001 placed a duty on Local Authorities to prepare a Local Housing Strategy (LHS) supported by the assessment of need and demand for local housing provision and related services in the local area.  Scottish Borders Council was currently developing its LHS for 2023-2028 and in June 2022 Council agreed to support a bespoke consultation process with Gypsy/Traveller families and national Gypsy/Traveller representatives to support this process and to better understand the potential need for future site provision.  The evidence on the needs of Gypsy/Travellers would feed into the LHS priorities and action plan and inform future investment decisions for Scottish Borders Council.   The needs analysis and early engagement with the Gypsy/Traveller community was now complete.  The report summarised the findings from that exercise and made recommendations on proposed next steps to address the identified need.  Policy HD6 “Housing for Particular Needs” in the draft Local Development Plan 2 supported future provision for the Gypsy/Traveller community where there was an identified need.  The absence of any formally allocated available sites did not preclude Gypsy/Traveller provision being granted permission on any suitable (in planning policy terms) site.  Members thanked officers for their work on this matter.

DECISION

          AGREED:-

          (a)     to note the findings from the Gypsy/Traveller needs analysis and consultation exercise summarised in the report;

          (b)     that proposals would be developed to accommodate between 5-7 pitches initially and potentially a total of 10-14 pitches in the longer term;

          (c)     to note that as no potentially suitable sites in Council ownership had been identified a “call for sites” would be undertaken in early 2023 to help identify suitable land opportunities;

          (d)     that the focus of site identification be prioritised in the central Borders area and in line with national guidance to ensure the Gypsy/Traveller community had “safe and culturally appropriate places to live and travel” with access to services and amenities, including education and health services;

          (e)     that the Director Infrastructure & Environment bring back a finalised short list of potential sites as part of an options appraisal process noting that further feasibility and consultation would be required to determine viability and costings;

          (f)      to note that any preferred location/s identified would be subject to full planning application/s; and

          (g)     to consider an appropriate capital allocation through the budget setting process to support delivery of permanent Gypsy/Traveller provision.

Consider report by Director Strategic Commissioning and Partnerships.  (Copy attached.)

There had been circulated copies of a report by the Director Strategic Commissioning and Partnerships providing an overview of progress made in the delivery of the Extra Care Housing Programme of work in line with agreed strategic objectives.  The report also highlighted the benefits and challenges of delivery so far and areas of the programme still to be progressed.  A detailed background to the proposals to build Extra Care Housing within the Scottish Borders was provided, followed by an analysis of the benefits and challenges experienced in delivery of Extra Care Housing to date.  The report also outlined the financial implications of the Extra Care Housing programme of work for the Council as well as highlighting the risk and mitigations associated with the delivery of Extra Care Housing in the Scottish Borders.  Members welcomed the report and highlighted the importance of this type of provision to allow people to stay at home for as long as possible.  In response to a question on the new provision at the former Kelso High School, the Director confirmed that there was already a waiting list for the homes.

         DECISION

         AGREED to:-

(a)     note the progress to date in the delivery of the Extra Care Housing developments in line with the Older Peoples Housing Strategy of 2018-2028;

         (b) note the benefits realised and challenges experienced in delivery to date; and

(c)     continue to support the delivery of the three outstanding Extra Care Housing developments in line with the Integrated Strategic Plan for Older People’s Housing, Care and Support 2018-2028.

Consider report by Director Strategic Commissioning and Partnerships.  (Copy attached.)

There had been circulated copies of a report by the Director Strategic Commissioning and Partnerships proposing that following the successful re-provisioning of the Peebles Night Support Service Pathfinder, the re-provisioning of the Night Support Service across the Borders be taken through a full consultation with service users and members of the public.  The report explained that a Pathfinder for the re-provisioning of the Night Support Service took place in Peebles during September 2022.  All service users were consulted and offered alternative support by way of differently timed visits (late evening/early morning) or the use of technology.  The evaluation showed no adverse impact on service users and no increase in risk.  Service users reported that they benefited from not being disturbed throughout the night.  Families were supportive and raised no concerns.  Staff were fully consulted and operated within St Ronan’s Care Home for the duration of the Pathfinder period.  They also responded to any alarm activations (13 activations for one client – 12 due to incorrect settings on the bed sensor).  In the Peebles Team, there had been no indication of potential for staff redundancies, so if this was duplicated across the Borders the potential staff saving would be in the region of £451,642.  In addition to this saving there would be approximately £7,000 saving on fuel and a reduction in staff mileage of 13,000 miles.  Members supported the proposals but highlighted the importance of a detailed consultation process given the small number of service users covered by the pilot.  The Director confirmed that the needs of service users would be fully considered as part of the consultation process and ensure that nobody ended up in full-time care as a result of any changes to the service.

DECISION

AGREED that:-

(a)     a full consultation on the re-provisioning of the Night Support Service would be undertaken, gaining feedback from current service users and members of the public;

(b)     a full IIA would be completed based on the findings of the consultation; and

(c)     the findings of the consultation and the IIA be shared with Council prior to any further re-provisioning work being undertaken.

Consider report by Acting Chief Executive.  (Copy attached.)

         There had been circulated copies of a report by the Acting Chief Executive providing an update on the feedback gathered from the 11 separate community conversations which took place over the summer of 2022 with Elected Members, senior officers and members of the public, and to seek approval on the next steps.  The feedback from the events captured from a series of individual conversations was attached as an appendix to the report and the main issues arising from the feedback had been captured along with the proposed response.  The Leader advised that the events had provided a great opportunity to speak to communities and lessons learned would be used to develop these events in future to make them even better in future.  He also suggested that partners such as the RSLs and Live Borders also be invited to be represented at future events.  It was proposed to hold the next events in Spring 2023.  Members agreed that the events had been useful and that improvements could be made.  It was also suggested that more detailed analysis of the responses would be useful.

          DECISION

          AGREED that:-

          (a)          the issues raised needed to be considered as part of the budget process and realistic, prioritised plans would have to be developed to assist involving Community Councils and Area Partnerships;

          (b)          the feedback should be shared with each Area Partnership and Community Council, and a co-productive process be developed to produce action plans for each community.  These plans would require to be prioritised, risk assessed and be specific about resource requirements and time scales;

          (c)          consultation would be required with Community Councils and Area Partnerships over the winter period with the aim of forming plans to be enacted in the spring of 2023; and

          (d)          plans were to be developed for a further series of community conversations to take place during 2023.

          DECLARATION OF INTERESTS

          Councillors Brown, Richards and Weatherston 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.

Consider joint report by Director Resilient Communities and Acting Chief Financial Officer.  (Copy to follow.)

         There had been circulated copies of a report by the Acting Chief Executive setting out a proposal to help mitigate the challenges facing the three sport, leisure and culture Trusts funded by the Council, all of whom operated swimming pools.  The Trusts had all seen significant increases in their cost base due to rising energy costs and reduced income.  The paper sought approval from Members to provide financial assistance to Berwickshire Recreation and Education Sports Trust (BREST) of £127,000 from the Council’s recovery fund for the 2022/23 financial year to assist with the costs of a programme of energy efficiency works that would significantly reduce running costs at the Duns facility by an estimated £62,000 per annum and reduce their carbon footprint by 130 tonnes of C02 per annum.  Discussions were ongoing with Live Borders, and would now also be taken forward with the Jedburgh Sport and Leisure Trust, to ascertain how the Council could assist them with similar programmes of works and the costs of their continuing operations. With increasing energy costs in recent years, the three Leisure Trusts operating in the Borders had seen increasing costs of running their facilities.  This increase in costs had been especially felt in those leisure centres operating swimming pools.  Pools had faced particular challenges in continuing to operate while keeping their costs of admission affordable to users.  Live Borders was the largest of the three charitable trusts commissioned by SBC for the delivery of sport, leisure and cultural services.  Live Borders currently operated 6 swimming pools on behalf of the Council in Eyemouth, Galashiels, Hawick, Kelso, Peebles and Selkirk, with one pool, Peebles, currently closed following a malicious fire earlier this year.  The other two Borders based Trusts operating swimming pools in the Borders were Jedburgh Leisure Facilities Trust, which operated Laidlaw Memorial Pool, and Berwickshire Recreation Educational Sports Trust, which operated Duns Swimming Pool.  Sport, physical activity and cultural activities played a vital role in delivering the Council Plan and Community Plan priorities and outcomes, in particular the priority of ‘Good Health & Wellbeing’, where the people of the Scottish Borders would be “enabled and supported to take control of their health and wellbeing, and enjoy a high quality of life” so that the Borders would have “more people in good health, leading an active lifestyle at every age and stage of life.”  Swimming pool buildings consumed significantly more energy per sq. m. than most other building types; careful design and the operation of pools to conserve energy was therefore of fundamental importance in ensuring their continued viability.  Without sufficient funding to assist Trusts to reduce their energy usage and their carbon footprint, the financial viability of swimming pools in the Borders was at risk.  This in turn risked the delivery of the corporate priorities associated with Health and Wellbeing, and the important community benefits they delivered.   Members supported the proposals and commended the work the Berwickshire Trust had carried out to help minimise their cost increases. 

         DECISION

         AGREED:-

          (a)     to provide  ...  view the full minutes text for item 9.

Consider report by Acting Chief Executive.  (Copy attached.)

         With reference to paragraph 11 of the Minute of 24 November 2022, there had been circulated copies of a report by the Acting Chief Executive providing the third formal update from the Inquiry Review Group which was established to progress the work identified following the independent investigation into the Council’s handling of concerns raised about a former Scottish Borders Council employee.  The report brought forward a number of reporting templates relating to a number of actions and sought Council approval to consider these actions as complete.  The report also sought approval to alter the frequency of reporting in response to the level of progress and the number of completed actions now achieved.  It was explained that there were 14 actions which remained to be brought before Council to be approved as completed.  As detailed in the report, these were either time dependant on collective work with other authorities or linked to actions which were time dependant, subject to legal determinations or awaiting audit activity.  It was proposed therefore than in order to afford responsible officers the time to complete this small number of actions to a satisfactory conclusion, that reporting verbally at each Council meeting was ceased and that a written report be brought to Council with comprehensive updates on a quarterly basis.  It was intended that the final approvals would be brought to Council by the end of April 2023.  Members welcomed the progress to date.

         DECISION

         AGREED:-

          (a)     to approve the actions contained in Appendix 1 to the report as being complete;

          (b)     that the Inquiry Action Plan Group meet on a monthly basis rather than fortnightly;

          (c)     to approve the proposal for communication with stakeholders at the conclusion of all actions and request that this plan be shared with Council for approval in the next report; and

          (d)     that reporting to Council would be undertaken by written report on a quarterly basis and monthly verbal updates would cease.

Consider report by Acting Chief Financial Officer.  (Copy attached.)

         There had been circulated copies of a report by the Acting Chief Financial Officer presenting the mid-year report of treasury management activities for 2022/23, in line with the requirements of the CIPFA Code of Practice, including Prudential and Treasury Management Indicators, and sought approval by Council following consideration of the report by the Audit and Scrutiny Committee on the 12^th December 2022.  The report was required as part of the Council’s treasury management control regime.  It provided a mid-year report on the Council’s treasury activity during the six month period to 30 September 2022 and demonstrated that Treasury activity in the first six months of 2022/23 had been undertaken in full compliance with the approved Treasury Strategy and Policy for the year.  Appendix 1 to the report contained an analysis of the performance against the targets set in relation to Prudential and Treasury Management Indicators, and proposed revised estimates of these indicators in light of the 2021/22 out-turn and experience in 2022/23 to date for Council approval. 

         DECISION

         AGREED:-

          (a)     to note that treasury management activity in the six months to 30 September 2022 was carried out in compliance with the approved Treasury Management Strategy and Policy; and

          (b)     to note that the Audit Committee had scrutinised this report on 12 December 2022.

Consider report by Acting Chief Executive.  (Copy attached.)

         There had been circulated copies of a report by the Acting Chief Executive seeking approval for the purchase and maintenance of a stock of small portable generators for use in communities during power outages.  The report explained that during Storm Arwen, which struck large parts of the UK between 25 and 29 November 2021, a series of large scale and prolonged power outage situations were created in the Scottish Borders.  After Storm Arwen, a number of post incident de-briefs were commissioned to harvest learning outcomes and build resilience for any future events.  One of the issues identified was that many of the village halls in the Borders that were used as general areas for communities to pull together and support each other, did not have any backup generators and were vulnerable should the hall become subject to a power outage.  The Emergency Planning team had been carrying out a series of work, both internally and externally with partner agencies to ensure that a robust and cohesive response to winter incidents could be delivered in the Scottish Borders.  Scottish Power Energy Networks (SPEN) was responsible for delivering electricity to c.2million consumers across central and southern Scotland but had made it clear that when communities were subject to a planned power outage situation, they would not supply any generators.  While it was not possible to provide every hall in the Borders with a generator, it was proposed that a small stock of 15 of the largest output KWH (Kilowatt Hour) small portable generators would be purchased.  These could then be taken to a village hall or other building being used by a community during power outages.  Extension cables could be run from the generator to power small electric appliances, such as electric 1KW/2KW heaters, table lights, kettles, etc. which would give enough power to heat and light a smaller room as opposed to the main hall area of a building.  Allocation of the generators to communities needed to be on a needs/risk assessed basis.  In the event of power outages, it was proposed that an Allocation team be established, comprising officers from Social Work, Emergency Planning, the Communities and Partnership team, and any other staff who could assist in the assessment of the needs and risks posed to the community.  The generators would be stored in Roads depots and delivery of generators would be undertaken by the Roads teams or any other Service with access to a suitable vehicle large enough to transport the equipment.  It was further proposed that when each generator was deployed, it would be sent out with enough spare fuel for one refill.  To prevent the wrong fuel being added to the generators (which could be costly), it was proposed that SBC staff would refuel the fuel containers and ensure these were topped up when the generators were deployed.  Maintenance of the generators would be carried out by engineers in the Roads depots.  Members welcomed the proposals and agreed that community resilience groups should also be encouraged  ...  view the full minutes text for item 12.

          The questions submitted by Councillors Sinclair, Ramage, Smart, Parker, Anderson, M. Douglas and Robson 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 Sections of the Minutes of the following Committees:-

Selkirk Common Good Fund                                  6 October 2022

Selkirk Common Good Fund                                  14 November 2022

(Please see separate Supplement containing private Committee Minutes.)

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