Agenda and minutes

1.1     The Convener commented on Nicola Sturgeon standing down as First Minister and wished her well for the future.

1.2     The Convener congratulated Paul Hodson on making the finals of the School Cook of the Year and wished him the best of luck.

1.3     The Convener advised that Hilary Broach and Vicky Porteous were retiring from their Headteacher posts and wished them both a long and happy retirement.

1.4     The Convener thanked all those who were supporting the Doddie Weir Foundation and congratulated Scotland on winning the Doddie Weir Cup on Saturday.

          DECISION

          AGREED that congratulations be passed to all concerned.

Consider Minute of Scottish Borders Council held on 26 January 2023 for approval and signing by the Convener.  (Copy attached.)

The Minute of the Meeting held on 26 January 2023 was considered. 

          DECISION

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

Consider Minutes of the following Committees:-

(a)     Audit                                                                   23 November 2022

(b)     Cheviot Area Partnership                                   23 November 2022

(c)     Berwickshire Area Partnership                           1 December 2022

(d)     Selkirk Common Good Fund                              7 December 2022

(e)     Scrutiny and Petitions                                         8 December 2022

(f)      Audit                                                                   12 December 2022

(g)     Pension Board                                                    13 December 2022

(h)     Galashiels Common Good Fund                       14 December 2022

(i)      Chambers Institution Trust                                 14 December 2022

(j)      Civic Government Licensing                              16 December 2022

(k)     Planning and Building Standards                       9 January 2023

(l)      Scrutiny & Petitions                                            12 January 2023

(m)    Eildon Area Partnership                                     26 January 2023

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

The Minutes of the following Committees had been circulated:-

          Audit                                                                   23 November 2022

          Cheviot Area Partnership                                   23 November 2022

          Berwickshire Area Partnership                           1 December 2022

          Selkirk Common Good Fund                              7 December 2022

          Scrutiny and Petitions                                         8 December 2022

          Audit                                                                   12 December 2022

          Pension Board                                                    13 December 2022

          Galashiels Common Good Fund                       14 December 2022

          Chambers Institution Trust                                 14 December 2022

          Civic Government Licensing                              16 December 2022

          Planning and Building Standards                       9 January 2023

          Scrutiny & Petitions                                            12 January 2023

          Eildon Area Partnership                                     26 January 2023

         DECISION

APPROVED the Minutes listed above.

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

There had been circulated copies of a report by the Acting Chief Financial Officer considering the impact for the Council of changing the statutory accounting treatment for Service Concession Arrangements (SCAs) as set out in Finance Circular 10/2022 – finance leases and service concession arrangements.  The report explained that the Scottish Government’s 2022 Resource Spending Review contained details of a Service Concession Arrangement flexibility that related to the Council’s PPP schools.? The flexibility permitted Councils to undertake internal accounting changes that extended the period over which the principal repayment debt element of the unitary charge could be made over the life of the asset rather than the life of the contract.  This change would result in a one-off credit to the Council and ongoing annual savings for a period of time. In the remaining years following the end of the SCAs, the rescheduled debt repayments continued until the debt liability had been extinguished.  FC 10/2022 permitted the option for Scottish Councils to apply additional flexibility to the accounting treatment for Service Concession Arrangements (SCA) in place before 1st April 2022. The statutory guidance applied from the financial year 2022 to 2023 but permitted retrospective application as an option.              If this approach was adopted, it must be applied to all service concession arrangements, leases, and similar arrangements with the exception of such arrangements where the contract would expire within five years, where it may be applied. The Council had three such arrangements in place at present, namely the original PPP scheme (3 secondary schools – Earlston HS, Berwickshire HS, Eyemouth HS),  Kelso High School and the Jedburgh Intergenerational Campus.  In terms of the requirements of FC 10/2022 the Council would need to show that the financial implications of the change were prudent, sustainable, and affordable over the life of the asset and explain the basis for the accounting policy change.  The reason for the change needed to be disclosed, along with an explanation of the movement in both the Balance Sheet and the General Fund.  Where the annuity method had been applied, narrative would explain how this method linked to the flow of benefits from the asset.  Advice and support had been sourced from Link Asset Services, the Council’s treasury management consultant.  Members welcomed the proposal which helped to bridge the budget gap without severe cuts and helped free up funds for transformation projects.  Thanks were given to the Finance team for their work on this.

         DECISION

         AGREED to:-

         (a)      apply, as per section 2.2 of FC 10/2022, the permitted PPP Concession flexibility in financial year 2023/24 on a retrospective basis using an annuity basis with a useful asset life of 50 years;

         (b)     note that the flexibility being applied was consistent with current Council Loans Fund arrangements and was considered prudent, sustainable, and affordable over the life of the asset;

         (c)      note that, by applying the flexibility, a one-off retrospective saving of £29.093m would be achieved followed by a reduction in the annual charges for a further  ...  view the full minutes text for item 4.

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

There had been circulated copies of a report by the Director Resilient Communities seeking approval to invest in remediation and improvement work in advance of the caravan site at Victoria Park, Selkirk opening for business.  The report explained that approval was being sought to allocate up to £150k from the Recovery Fund to enable remediation and development works to the site to allow it to re-open in time for the tourist season and with an aim to achieve a Visit Scotland 2-star accreditation.  The caravan/camping site located at Victoria Park, Selkirk was currently operated by Live Borders, along with the Leisure Centre based at the same location.  For the duration of the Covid-19 pandemic, and in line with Scottish Government policy at the time, the site was designated as the Borders base for the gypsy travelling community.  In the report to Council in June 2022 on Gypsy Traveller Site Provision, Members were advised that remediation work would be undertaken to ensure the caravan site could re-open and operate.  The Victoria Park Action Group had ambitions for the future development of the site and these would form part of the place-making work which was currently being undertaken in Selkirk.  Recent Community Engagement events led by the Selkirk Community and facilitated by Scottish Futures Trust had also highlighted the need to improve and upgrade the site as part of a wider set of measures to improve the riverside area and provide the infrastructure to support tourism in the town and the wider area.  A summary of the key works needed to both remediate and improve the site to a Visit Scotland 2-star standard were detailed in the report which proposed that funding of £150K was made available to enable them.  Members welcomed this proposal which would help to encourage tourism in the area and provide a good foundation for further development in the future.

DECISION

          AGREED to approve an allocation of up to £150K from the Recovery Fund to fund the required works to enable the Caravan site at Victoria Park, Selkirk to reopen for the new season and aim for a 2-star rating from Visit Scotland.

          MEMBER

          Councillor Rowley re-joined the meeting.

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

There had been circulated copies of a report by the Director Resilient Communities seeking approval for a temporary “Non Domestic Rates - Empty Property Relief Policy” to commence from 1 April 2023.  The report explained that currently all Local Authorities administered Empty Property Relief on behalf of the Scottish Government. The policy was required as Empty Property Relief was being devolved by Scottish Government to Local Authorities with effect from 1 April 2023.  Part 11 of the Community Empowerment (Scotland) Act 2015 gave Local Authorities the power to introduce localised schemes for the reduction and remission of Non Domestic Rates.  Appendix 1 to the report contained the proposed temporary policy which had been designed to mirror the current provisions as set by the Scottish Government for Empty Property Relief and this would allow time for consultations to take place both within the Council and with external stakeholders, such as local businesses.  As at 1 September 2022, 480 non domestic rates properties were receiving Empty Property Relief.  It was proposed that a detailed review take place during 2023/24 and a further report brought to Council setting out recommendations for the relief from April 2024.  Members welcomed the proposal and emphasised the need for extensive consultation to ensure there were no unintended consquences.

         DECISION

         AGREED:-

(a)        to approve the Empty Property Relief Policy, as detailed in Appendix 1 to the report, to come in to effect from 1 April 2023 until 31 March 2024;and

(b)       that the Policy would be reviewed prior to 1 April 2024, with officers consulting widely over any future changes, and a report brought back to Council for further consideration prior to that date.

Consider report by Director Social Work and Practice.  (Copy attached.)

With reference to paragraph 8 of the Minute of 25 November 2021, there had been circulated copies of a report by the Director Social Work and Practice seeking approval to pause the evaluation of impact on the introduction of a single financial assessment process, equal charge in Extra Care Housing and the introduction of equal charging in Sheltered Housing along with the 5% taper rate increase for financial year 2023/24.  The report provided the background information on non-residential charging policy, specifically relating to clients in receipt of Housing Support in Extra Care and Sheltered Housing developments and all people who received a charge.  Council had approved 8 actions at their meeting in November 2021 and 5 of these had been completed, details of which were contained in the appendix to the report.  The Council was now asked to consider not proceeding with previous Council charging decisions and scheduled annual uplifts in light of the cost of living crisis. This was with the intention of protecting vulnerable people from additional expenditure and related anxiety during these uncertain times. There was a reputational risk by carrying out an evaluation at this time that might not materially change the Charging Policy, but would certainly increase anxiety.  Members were fully supportive of this proposal.

DECISION

AGREED to:-

  (a)     pause the evaluation of impact on the introduction of a single financial assessment process, equal charge in Extra Care Housing and the introduction of equal charging in Sheltered Housing;

(b)     pause the 5% Taper rate increase for financial year 2023/24; and

(c)     delegate authority to the Director Social Work and Practice to keep under review and monitor planned increases in Social Work non-residential charging in future years, in the context of the ongoing cost of living crisis. 

Consider report by Director Social Work and Practice.  (Copy attached.)

There had been circulated copies of a report by the Director Social Work and Practiceseeking approval for the duty of Candour report for financial year 2021/22 and also for an updated Duty of Candour procedure.  The report explained that the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 introduced a Duty of Candour procedure. It applied to all organisations that provided Health Services, Care Services or Social Work Services in Scotland.  Duty of Candour was a procedure that these organisations were required to follow where there had been an unintended or unexpected incident that resulted in death or harm. Each statutory body should have a procedure to manage the obligations and to publish an annual report as soon as was reasonably practicable after the end of that financial year. Sadly an adult in the care of the Council had passed away and in light of this and the application of the Duty of Candour procedure, procedures had been reviewed and changes made where applicable to ensure lessons were learned from this. 

            DECISION

            AGREED to approve:-

(a)        the updated Duty of Candour procedure, as detailed in Appendix 1 to the report; and

            (b)       the Duty of Candour report 2021/22, as detailed in Appendix 2 to the report.

Consider joint report by Director People Performance & Change and Director Resilient Communities.  (Copy attached.)

9.1    There had been circulated copies of a joint report by the Director of People, Performance and Change and Director Resilient Communities asking Council to consider the best approach to allow employees and communities to celebrate the King’s Coronation in May 2023.  The report explained that His Majesty King Charles III would celebrate His Coronation in May 2023.  The First Minister had confirmed, along with the other nations of the United Kingdom, the introduction of a Bank Holiday on Monday 8 May 2023 to mark the celebration of His Majesty’s Coronation.  The Convention of Scottish Local Authorities (CoSLA) had not issued specific guidance to Local Authorities, leaving the decision at the discretion of each Council.  The Coronation would take place on Saturday 6 May 2023.  Four options were considered in coming to a conclusion on how best to mark the occasion.  It was proposed that Option 2 was taken forward, and a holiday granted for Monday 8 May as an additional one-off annual leave day for staff and the public offices of the Council be closed.  It was further proposed that a sum of £50k be allocated to create a King’s Coronation Fund, which would be made available to each of the 69 Community Councils to host celebratory community events to mark the King’s Coronation Weekend from 6 to 8 May 2023.  Members discussed the proposals and unanimously agreed to support the proposed holiday for staff.  However, there were strong views both for and against the provision of a Fund.  After a lengthy discussion, Members were still divided on the Fund, and a Motion and Amendments as detailed below were considered.  Members unanimously approved the granting of a holiday on Monday 8 May. 

9.2    Councillor S. Hamilton, seconded by Councillor Pirone, moved that the recommendations in the report relating to the funding be amended as follows:-

“(b)    to approve funding from the COVID19 Recovery Fund to help promote inclusion, wellness and tackle social isolation post pandemic by affording communities the opportunity to host celebratory events to mark the King’s Coronation weekend.  Funding will be distributed up to 30 April 2023 and will be limited to £500 per Community Council or where a Community Council is not in existence then the funding will be available to appropriate community organisations within the Community Councils boundary; and

(c)     that the Council will also provide practical help and advice for communities who wish to organise their own events.  This support will include waste collection, road closures and other such advice & support.”

9.3    Councillor Tatler, seconded by Councillor Anderson, moved as an amendment that “Recommendation 2.1(b) is removed and no action is taken regarding the King’s Coronation Fund.”

9.4    Councillor Sinclair, seconded by Councillor Thornton-Nicol, moved as a further amendment that “Recommendation 2.1(b) be removed and replaced with:

(b)     Notes that National Lottery Awards for All funding is available to support events and activities to celebrate and commemorate the King’s Coronation on or around the weekend of 6 – 8 May; and

(c)  ...  view the full minutes text for item 9.

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

10.1   There had been circulated copies of a report by the Director Infrastructure and Environment proposing that the Council endorse the award of the subsidised local bus service contract 101/102 (Dumfries – Biggar - Edinburgh) to Houston’s of Lockerbie in order to preserve the service for the communities of West Linton and Tweeddale.  The 101/102 service was jointly funded by SPT, SWESTRANS and Scottish Borders Council.  Midlothian Council contributed towards departure charges at Edinburgh Bus Station.  The route provided a direct link between Dumfries and Galloway and Edinburgh, including vital transport links for communities in Tweeddale West for work, education and leisure. The service was currently operated by Stagecoach Western who delivered the supported service until August 2022 at an annualised cost of £272,000, which was split as follows:-

·         SPT (Strathclyde Passenger Transport)       £132,140

·         SWESTRANS (Dumfries and Galloway)      £105,277

·         SBC (Scottish Borders Council)                    £  35,000

10.2   SWESTRANs carried out a tendering exercise in February/March 2022 for the renewal of the contract which returned a price of £507,940, representing an 86% increase in costs.  The increase was deemed unaffordable by partners and the tendering process was closed on the basis that no sustainable solution could be found.  A temporary 101/102 service contract, arranged by SWESTRANS, was agreed and put in place until 31 March 2023 to enable partners to identify a more sustainable solution.  SPT carried out a further tendering exercise however detailed analysis of the bids concluded that none of these offerings were financially acceptable to the funding partners and therefore could not be recommended for award.  Subsequent direct negotiations with local transport operators took place and Houston’s of Lockerbie submitted a bid of £385,000 per annum for 3 years with the option to extend for another 2 years.  All partners have agreed to support the award of the new contract.  Members supported the proposal.

DECISION

          AGREED to:-

          (a)     endorse the award of the 101/102 service contract to Houston’s Coaches at a cost of £385,000 per annum for 3 years (with an optional 2 year extension), effective from 1 April 2023; and

          (b)     increase Scottish Border Council’s funding contribution from £35,000 to £128,333.33 per annum and reflect this cost in the annual transport revenue budget from March 2023.

Consider report by Director Infrastructure and Environment.  (Copy to follow.)

There had been circulated copies of a report by the Director Infrastructure and Environment on the progress of the PINGO Berwickshire Demand Responsive Transport (DRT) Trial and proposing an extension of the pilot to 31 March 2024 at a cost of £304,000.00, the funding of which would be subject to consideration as part of the Council’s 2023/24 financial planning process.  The report explained that in February 2022, Scottish Borders Council allocated £320,000 of funding for a DRT pilot in the Scottish Borders.  Berwickshire was identified as the area which would benefit most from the introduction of a DRT pilot and the PINGO DRT service launched in Berwickshire on 2 May 2022 and was delivered by Borders Buses.  Scottish Borders Council Officers, with support from the workforce mobility project, continued to work closely with Borders Buses and the routing company to develop the service.  It was clear from the data analysis of trips to date that PINGO had enabled many of the key target groups to access transport.  The service remained popular amongst all users, particularly under 22s who accounted for 40% of all trips.  The PINGO service was widely recognised by other local authorities as being a leading example of how DRT could perform particularly in a rural area.  A consultant’s report was being prepared for Scottish Borders Council which would detail the economic benefits that had arisen in the Berwickshire area out of the PINGO trial.  In order to fully realise the potential that DRT could have in rural areas it was recommended that the Berwickshire PINGO Pilot be extended for a further 12 months.  Members were very supportive of the pilot and looked forward to the outcome in the hope that this type of service could be provided in other areas of the Borders.  Mr Sharp-Dent advised Members that a public transport network review was being undertaken and the future use of demand responsive transport was being looked at as part of this, along with bus/train connections.

         DECISION

         AGREED to:-

         (a)     note the progress of the PINGO Berwickshire pilot to date; and

          (b)     extend the pilot for a further 12 months at a cost of £304,000.00, the funding of which would be subject to consideration as part of the Council’s 2023/24 financial planning process.

The questions submitted by Councillors Thornton-Nicol, Anderson and Smart 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.

Consider private Section of Minute of Scottish Borders Council held on 26 January 2023.  (Copy attached.)

The private section of the Council Minute of 26 January 2023 was approved. 

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

(a)     Selkirk Common Good Fund                              7 December 2022

(b)     Civic Government Licensing                              16 December 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.

Consider presentation by Director Resilient Communities.

          Members received a presentation on the outcome of the application for Levelling-Up Funding and the next steps in relation to future bids.