Agenda and minutes

1.1     The Convener congratulated the following:-

          (a)     the Eyemouth Enhancement Group for winning awards at the recent Beautiful Scotland event held at the Botanic Gardens in Edinburgh;

          (b)     the team who organised the Council’s Greener Gateway awards held at the Inspire Building in Tweedbank and the communities who had won awards; and

          (c)     the Katherine Elliot Centre in Hawick which was celebrating its 50^th birthday.

1.2  The Convener advised that this was the Director of Social Work & Practice, Stuart Easingwood’s last day with the Council before he took up a new job in South Tyneside.  He had been with the Council for 17 years and would be a great loss to the Council.  The Convener thanked him for his incredible service and wished him well for the future.  He presented Mr Easingwood with a Border Reiver Statue.  Mr Easingwood responded by saying that it had been a privilege and a pleasure to lead the Social Work Service in the Scottish Borders.

DECISION

AGREED that congratulations be passed to all concerned.

Consider Minute of Scottish Borders Council held on 31 August 2023 for approval and signing by the Convener.  (Copy attached.)

The Minute of the Meeting held on 31 August 2023 was considered. 

DECISION

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

Consider Minutes of the following Committees:-

(a)     Berwickshire Area Partnership                             1 June 2023

(b)     Community Planning Strategic Board                  8 June 2023

(c)     Police, Fire & Rescue and Safer Communities    28 June 2023

(d)     Chambers Institution Trust                                   2 August 2023

(e)     Planning & Building Standards                             7 August 2023

(f)      Executive                                                              15 August 2023

(g)     Scrutiny & Petitions                                               17 August 2023

(h)     Planning & Building Standards                             4 September 2023

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

The Minutes of the following Committees had been circulated:-

Berwickshire Area Partnership                                        1 June 2023

Community Planning Strategic Board                              8 June 2023

Police, Fire & Rescue and Safer Communities               28 June 2023

Chambers Institution Trust                                              2 August 2023

Planning & Building Standards                                        7 August 2023

Executive                                                                         15 August 2023

Scrutiny & Petitions                                                         17 August 2023

Planning & Building Standards                                        4 September 2023

DECISION

APPROVED the Minutes listed above.

Consider report by Director Finance and Procurement.  (To follow.)

There had been circulated copies of a report by Audit Scotland, the Council’s Auditors, together with a report by the Director of Finance and Procurement, a copy of the Annual Accounts 2022/23 and associated papers. The audit appointment of Audit Scotland for Scottish Borders Council (SBC) accounts included the requirement to provide an auditor's report for the Council.  2022/23 represented the first year of the new Audit Scotland team undertaking the External Audit of the Council’s Annual Accounts with the process now completed.  Audit Scotland had prepared both the Annual Audit Report and a Best Value thematic report, copies of which had also been circulated, and had provided an unqualified independent audit opinion.  The Annual Audit Report summarised Audit Scotland’s conclusions, including an unqualified audit opinion, concurrence with management’s accounting treatment and judgements and positive conclusions in respect of financial management, financial sustainability, vision, leadership and governance and use of resources to improve outcomes.  Audit Scotland had identified a number of recommendations across 3 reports as follows:

·            Scottish Borders Council annual report - four recommendations for improvement requiring action were identified along with two follow-up to prior year recommendations.

·            Scottish Borders Council Best Value thematic review - six recommendations for improvement requiring action were identified.

·            Scottish Borders Council Pension Fund - four recommendations for improvement requiring action were identified along with one follow-up to prior year recommendation. 

All recommendations 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 Pension Fund, Bridge Homes LLP, Lowood Tweedbank Ltd and SB Inspires LLP were presented to the Audit Committee on the 25^th September prior to Council consideration and signature.  Members were asked to note that following the agreement to remove SBC Common Good Funds from the Scottish Charity Register on 31^st March 2023 no annual accounts had been prepared, audited or submitted to OSCR.  The Common Good Funds had instead been consolidated within the Council’s statutory accounts.  Trusts did not have the same annual accounts statutory deadline as the Council and Pension Fund. In addition, he Trusts were presented to Members in their role as Trustees rather than as full Council and this would be done for 2022/23 via correspondence.  Audit Scotland would provide a letter to Councillors as Trustees at the completion of the audit, in advance of the reporting deadline of 31 December 2023.  Bridge Homes LLP, Lowood Tweedbank Ltd and SB Inspires accounts had been prepared in accordance with the special provisions applicable to companies subject to the small companies regime.  For financial year 2022/23 the companies were entitled to exemption under section 477 of the Companies Act 2006 which meant their accounts did not require to be audited.   Mrs Douglas advised that there was no mention of RAAC within these accounts but it would be included in the 2023/24 Accounts.  To date schools had been checked and no RAAC had been found.  Checks were  ...  view the full minutes text for item 4.

Consider report by Director – Finance and Procurement. (To follow.)

There had been circulated copies of a report by the Director Finance and Procurement presenting the annual treasury management activities undertaken during the 2023/23 financial year.  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.  The report highlighted the Council’s treasury activity undertaken in the year ended 31 March 2023 and the performance of the Treasury function.  Appendix 1 to the report contained the annual report of treasury management activities for 2022/23 and provided an analysis of performance against targets set in relation to Prudential and Treasury Management Indicators.  The performance comparisons reported were based on the revised indicators agreed as part of the mid-year report approved on 12 December 2022.  The Appendix also showed the Council’s borrowing requirement to fund the capital investment undertaken during 2022/23, 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.  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 2023. 

DECISION

NOTED that treasury management activity in the year to 31 March 2023 was carried out in compliance with the approved Treasury Management Strategy and Policy as detailed in the report and in Appendix 1 to the report.

Update presentation by Director – Infrastructure and Environment.

The Director Infrastructure and Environment gave a brief presentation on progress with the 6 actions in respect of the development of Tweedbank which included the development of a procurement strategy for a development partner, the development of a heat and energy network, mapping the ideal mix of uses across the site, development of a PR and Comms Plan in partnership with SOSE, the construction of the Phase 1 access road and community engagement around the options for community amenity.  Mr Curry advised that Government funding of £50k had been received to carry out a feasibility study for the heat and energy network and this was already underway.  More details with regard to progress would be reported to Members in due course.

DECISION

NOTED the update.

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

With reference to paragraph 7 of the Minute of 25 November 2023, there had been circulated copies of a report by the Director Strategic Commissioning and Partnerships providing an update on the progress with the Tweedbank Care Village development following the Stage 3 Costing report.  The report explained that on 19 March 2020, Council agreed the allocation of £22.679M for “new residential care provision” for Tweedbank and Hawick within the Draft Revenue & Capital Investment Plan (Revenue 2021/22 - 2025/26, Capital 2021/22-2030/31) thus allowing £11.339M per facility. However, since the capital budget was agreed in March 2020 there had been a significant financial impact on the project due to high inflation.  In November 2021, Council agreed the recommendation set out in the OBC for Tweedbank Care Village to Approve that both Waverley Care Home (24 beds) and Garden View Intermediate Care Home (25 beds) operated by SBC were decommissioned and closed to secure revenue funding to provide for the Tweedbank Care Village.  At that time there was an estimated cost for the facility of £14.3m.  In February 2023, as part of the financial planning process, an additional sum was agreed by Council to help fund the two care villages, giving an overall budget to build Tweedbank of £14.694M.  Later in February 2023 the stage 3 cost plan was received from External Cost Advisors showing an estimated projected cost of £21m.  Despite significant value engineering, following the stage 3 cost report, the indicative build cost for Tweedbank was now estimated to be £19.3m giving a budget pressure of approximately £4.6m.  In light of the estimated cost to build the Tweedbank Care Village, it would not be possible to deliver the build that was envisaged by Council in 2020 within the current agreed capital budget.  It was recommended that to minimise the ongoing impact of inflation, and for this important strategic project to progress, the project proceed to the procurement phase and an agreed contract cost obtained.  Members welcomed the progress to date and the public consultation which had been carried out.   Members also noted the continuing inflation pressure on the budget. Councillor Parker proposed that recommendation (c) be amended to include consultation with Councillors Jardine, Rowley and himself and this was accepted.

DECISION

AGREED to:-

(a)     note the progress of the project in proceeding through the stage 3 design phase;

(b)     note the continuing impact of inflation on the project budget and to mitigate this agree the project proceed to the procurement phase to obtain an agreed contract cost, with a further report brought back to Council following the procurement stage, which would include a procured cost; and

(c)     delegate authority to the Director Infrastructure & Environment in conjunction with the Director of Finance and Procurement and in consultation with the Leader, the Executive Member for Health and Wellbeing and the Executive Member for Service Delivery and Transformation, to proceed through planning, detailed design and procurement process.

Consider report by Director Strategic Commissioning and Partnerships.  (To follow.)

There had been circulated copies of a report by the Director Strategic Commissioning and Partnerships setting out potential options, benefits and future opportunities available to Scottish Borders for investment in Council Public Space CCTV and Town Centre Wi-Fi; and seeking Council agreement to proceed with a 3^rd party provider with a scheme for seven towns.   The report provided details of proposals presented to Council by CGI for both Public Space CCTV and Town Centre Wi-Fi, as well as facilitating a discussion on other options for consideration.  As well as providing information around the benefits and financial implications for the proposals, the report described the wider opportunities presented by modern CCTV systems coupled with Town Centre WIFI provision. Members welcomed the report and discussed the proposals in detail.  Members commented on the importance of CCTV for communities and highlighted the good work by both the Selkirk and Newcastleton Communities in funding and providing their own systems.  It was noted that a project in Hawick was also well advanced and it was suggested that it might be suitable as a pilot for other areas.  It was agreed that officers meet with those project organisers.  Members also asked that the CCTV and Town Wifi options be dealt with separately.  The Chief Executive confirmed that when the fully costed business case was brought back for consideration the costs would be shown for each element.  There was a difference of opinion regarding how best to take the matter forward and a vote was taken as follows:-

VOTE

Councillor Rowley, seconded by Councillor Pirone, moved approval of the recommendations as contained in the report.

Councillor M. Douglas, seconded by Councillor Orr, moved as an amendment that the recommendations in the report be amended as follows:-

“That Scottish Borders Council:

(a)     recognises the benefits of town centre CCTV and wi-fi systems;

(b)     agrees to a principle of investment and modernisation to reflect community priorities;

(c)     notes with concern the high indicative ROM costs, and determines to ensure that best value is achieved;

(d)     agrees in principle to proceed with a seven town CCTV and town centre Wi-Fi solutions, subject to receiving a fully defined proposal, costed business case and funding arrangements coming back to a subsequent Council meeting for final approval; 

(e)     agrees to examine whether the CCTV network in Selkirk, which provided an eight camera, cloud-based system for £30,000, provides a comparable alternative delivery solution having regard to the quality, security and costs associated with the system; and

(f)      agrees that consultation is undertaken with other towns and communities to determine views, practicalities and priorities for potential future CCTV and Town Centre Wi-Fi investment opportunities.”

On a show of hands Members voted as follows:-

Motion             -           18 votes

Amendment     -           10 votes

The Motion was accordingly carried.

DECISION

DECIDED:-

(a)     to accept the report as an Outline Business Case with a range of background issues, benefits and future considerations relating to CCTV and Town Centre Wi-Fi for the Scottish Borders;

(b)     to note the options  ...  view the full minutes text for item 8.

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

There had been circulated copies of a report by the Director of Social Work and Practice on the Scottish Borders Champions Board School Pilot Review which was published in August 2023.  Mr Easingwood apologised that the report had been titled incorrectly and should read as detailed above.  The report outlined details of the Champions Board Hub pilot projects that had been developed at Jedburgh Grammar Campus and Berwickshire High School in the Spring and Summer terms.  The report also evaluated the work undertaken in schools, incorporating feedback from the young people involved in the pilot and school staff supporting the project.  The next steps for the Scottish Borders Champions Board approach were also outlined.  Members welcomed the expansion of the Hub model to all schools and Borders College and paid tribute to the work of Cory Paterson and Hannah Hawthorn in taking this forward.

DECISION

AGREED to endorse the publication of the Scottish Borders Champions Board School Pilot review and the next steps as outlined in the report.

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

There had been circulated copies of a report by the Director of Social Work and Practice on the Chief Social Work Officer (CSWO) annual report on the work undertaken on behalf of the Council by the CSWO in this statutory role for 2022/23, a copy of which was appended to the report.  The report provided Council with an account of the decisions taken by the CSWO in the statutory areas of Fostering and Adoption, Child Protection, Secure Orders, Adult Protection, Adults with Incapacity, Mental Health and Justice.  The report also gave an overview of regulation and inspection, workforce issues and social policy themes over the year April 2022 to March 2023, and highlighted some of the key challenges for that year.  It was noted that this year the Office of the Chief Social Work Advisor to Scottish Government had sent out a new format for this year’s report and the report conformed to that format.  Mr Easingwood presented his report  and introduced John Fyfe and Gwyneth Lennox who would be covering his post until a successor had been appointed.  He commented on the challenges faced during the year which had seen a growing demand for service in all areas.  Members highlighted that early intervention was key and noted the increase in both more complex cases and needs.  Mr Easingwood answered Members’ questions including the work being done to support the wellbeing of staff and the difficulties in recruiting foster carers, which was a national issue.  Members thanked Mr Easingwood and his staff for their hard work during difficult circumstances.

DECISION

AGREED to approve the Report of the Chief Social Work Officer as attached to the covering report.

Consider report by Director Education and Lifelong Learning.  (Copy attached.)

There had been circulated copies of a report by the Director Education and Lifelong Learning advising on what initiatives Scottish Borders Council had implemented in the past 3 years (2020-23), and the measures planned over the next 3 years (2023-26) to further the rights of children and young people living in the Scottish Borders.  Part 1 of The Children and Young People (Scotland) Act 2014 required Public Authorities to report ‘as soon as practicable’ after the end of each three-year period on the steps they had taken to secure better or further effect the requirements of the United Nations Convention on the Rights of the Child (UNCRC).   Scottish Borders Council had prepared a joint report with NHS Borders to comply with the requirement of the Act a copy of which was appended to the report. The Act required that the Children’s Rights Report was published on the local authority website.  The report was split into two parts.  Part one set out actions implemented within the past 3 years, namely from 2020 to 2023.  Part two comprised an Action Plan of the measures being taken forward covering the period 2023 until 2026.  Members highlighted the importance of embedding these rights in all work with children.

DECISION

AGREED to approve:-

(a)     the Children’s Rights Report for 2020-23; and

(b)     the Action Plan for 2023-26.

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

With reference to paragraph 6 of the Minute of the meeting held on 10 March 2022, there had been circulated copies of a report by the Director Infrastructure and Environment presenting the modifications arising from the Examination Report on the Scottish Borders Proposed Local Development Plan (the Plan) and seeking Council agreement to the proposed modifications, and to take forward the Plan as amended to formal adoption.  The report explained that the Council had received the Examination Report on the Proposed Local Development Plan (the Plan).  The Examination Report proposed a number of modifications to the Plan and the full Report is available to view at www.scotborders.gov.uk/ldp2.  A summary table setting out all the modifications contained within the Examination Report was contained in Appendix A to the report.  For ease of reference, an indexation table had been produced for each chapter, policy and settlement, indicating where the Reporters’ conclusions and recommendations could be viewed within the Examination Report contained in Appendix B to the report.  Officers were content with the conclusions and recommendations contained within the Examination Report.  The Council was therefore recommended to agree the Reporter’s modifications in full, and to proceed towards formal adoption of the Plan.  Further to the appendices which were attached to the report, there were also a number of background documents. The full Examination Report, updated Environmental Report and updated Habitats Regulations Assessment could all be viewed at www.scotborders.gov.uk/ldp2. The updated Integrated Impact Assessment could be viewed at https://www.scotborders.gov.uk/LDP2023.  Members welcomed the report and the changes which had been made.  Tribute was paid to Charles Johnston and his successor Debbie Armstrong for their hard work on the Plan.

DECISION

AGREED:-

(a)     the modifications made to the Proposed Local Development Plan, as contained in Appendix A to the report, any subsequent consequential changes and minor typo/drafting changes;

(b)     to take forward the Local Development Plan, as contained in Appendix C to the report, as amended by the agreed modifications, to formal adoption;

(c)     to adopt the Local Development Plan, unless directions  by Scottish Ministers resulted in significant changes to the Plan; and

(d)        to note the updates to the Environmental Report, Habitats Regulations Assessment and Integrated Impact Assessment.

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

There had been circulated copies of a report by the Director Corporate Governance proposing changes to the membership of the Pension Fund Committee.  The report explained that the Council’s Scheme of Administration regulated the constitution and membership of the Committees of the Council and any amendments, apart from minor ones, required to be approved by Council.  The Pension Fund Committee dealt with all matters relating to the Council’s role as the Administering Authority for the Scottish Borders Council Pension Fund.  In the current Scheme, the constitution of the Pension Fund Committee included the Convener.  The Convener had indicated that due to pressure of other work he was unable to give as much attention to the work of the Pension Fund Committee as he would like and had resigned from this appointment.  A change was therefore required to the constitution of that Committee, removing the Convener and it was proposed that he be replaced by “one other Elected Member”.  Council was therefore being asked to approve the change to the Scheme of Administration and appoint another Elected Member to the Pension Fund Committee.  Councillor Mountford, seconded by Councillor Pirone, moved that Councillor L. Douglas be appointed and this was unanimously accepted.

DECISION

AGREED:-

(a)     to amend the constitution of the Pension Fund Committee in the Scheme of Administration by removing the Convener and adding in “one other Elected Member”; and

(b)        to appoint Councillor L. Douglas to the Pension Fund Committee in place of the Convener.

Consider appointment to various Committees and outside Bodies to replace Councillor Brown.  (Copy list attached.)

This item was withdrawn from the agenda.

DECISION

NOTED.

Consider Motion from Councillor Tatler in the following terms:

“Despite living in one of the wealthiest countries in the world, around 90% of low-income households receiving Universal Credit are going without essentials, driving more and more people into hardship and through the doors of food banks.  Scottish Borders Council believes that this is wrong.

Everyone’s circumstances can change.  Losing your job, needing to care for a sick family member, breaking up with your partner – these are things that can happen to any of us.  

Our social security system should offer adequate support to anyone in need of help, but right now it’s not based on an objective assessment of what things cost and isn’t even providing enough to cover life’s essentials. 

Scottish Borders Council calls on all UK political party leaders to support the introduction of an Essentials Guarantee within Universal Credit to ensure that the basic rate at least covers life’s essentials, such as food and bills, and can never be pulled below that level.”  

Councillor Tatler, seconded by Councillor Begg, moved the following Motion as detailed on the agenda:-

“Despite living in one of the wealthiest countries in the world, around 90% of low-income households receiving Universal Credit are going without essentials, driving more and more people into hardship and through the doors of food banks.  Scottish Borders Council believes that this is wrong.

Everyone’s circumstances can change.  Losing your job, needing to care for a sick family member, breaking up with your partner – these are things that can happen to any of us.  

Our social security system should offer adequate support to anyone in need of help, but right now it’s not based on an objective assessment of what things cost and isn’t even providing enough to cover life’s essentials. 

Scottish Borders Council calls on all UK political party leaders to support the introduction of an Essentials Guarantee within Universal Credit to ensure that the basic rate at least covers life’s essentials, such as food and bills, and can never be pulled below that level.”  

Councillor Tatler and Councillor Begg spoke in support of the Motion which was unanimously approved.

DECISION

AGREED to approve the Motion as detailed above.

         MEMBER

         Councillor Robson left the meeting.

The questions submitted by Councillors Anderson and Thomson were answered. 

DECISION

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

Question to the Executive Member for Communities and Equalities from Mr Horsburgh, Kelso:-

“What proposals are there regarding the future use, change of use, or decommissioning of the housing in Maxmill Park, Kelso? I believe that this question has been asked to Council in March and would like to know of an update.”

The following question was submitted by Mr Horsburgh from Kelso:-

“What proposals are there regarding the future use, change of use, or decommissioning of the housing in Maxmill Park, Kelso? I believe that this question has been asked to Council in March and would like to know of an update.”

Councillor Tatler, Executive Member for Communities and Equalities, gave the following answer:-

“Senior Council officials have recently held a strategic planning meeting about the future use of Maxmill Park. 

As a result, officers are currently pulling together an options analysis for the future use of the Maxmill site which includes actively looking to identify alternative accommodation options to allow us to discontinue the use of this provision as temporary homeless accommodation. 

Due to significant demand for statutory temporary accommodation to homeless households and the corresponding lack of alternative options across the social housing landscape in the Borders at present, this is proving challenging.

The current use of the provision in Maxmill Park is being kept to a minimum; however, we recognise that the homeless service may be required to utilise these properties until alternatives can be identified recognising the high level of demand for temporary homeless accommodation and the Council’s statutory responsibilities.

At present there has been no decision on the future use of the site, as this will have to be subject to the options analysis which is due soon and a report to elected members.  The Council has to identify alternative options for meeting our statutory duty under homeless legislation prior to any alternative future for the site being finally determined. In the interim, work to refurbish the former caretakers bungalow and bring this back to habitable condition following major water leak damage has been commissioned.” 

DECISION

NOTED the reply.

Under Section 50B(4)(b) of the Local Government (Scotland) Act 1973, the Convener 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.

It was noted that Councillor Robson had resigned from the Education Sub-Committee.  Councillor Tatler, seconded by Councillor Cochrane, moved that Councillor Ramage be appointed in his place and this was unanimously agreed.

DECISION

AGREED that Councillor Ramage be appointed to the Education Sub-Committee.

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 31 August 2023.  (Copy attached.)

The private section of the Council Minute of 31 August 2023 was approved. 

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

(a)     Chambers Institution Trust                                   2 August 2023

(b)     Executive                                                              15 August 2023

(Please see separate Supplement containing private Committee Minutes.)

The private sections of the Committee Minutes as detailed in paragraph4 of this Minute were approved.