Scottish Borders Council

Agenda and minutes

Venue: Council Chamber, Council Headquarters, Newtown St. Boswells

Contact: Declan Hall Tel 01835 826556  email  Declan.Hall@scotborders.gov.uk

Link: Teams Live Event

Items
No. Item

1.

Convener's Remarks.

Minutes:

1.1       The Convener expressed his congratulations to those from the Scottish Borders who had competed at the recent Olympics in Paris.

 

1.2       The Convener highlighted that the Scottish Borders was hosting the Tour of Britian professional cycle race on Tuesday 3 September. The event would bring some of the world’s top teams and cyclists to the Borders. Economic benefits of around £3.5m had been achieved from the event being hosted in previous years. Kelso would host the start and finish of Stage 1 of the race, which would take place entirely in the Borders.

 

1.3       The Convener congratulated Caroline Connor, a school assistant who had set a world record for a wetsuit swimmer whilst completing an ultra-marathon at Lake Geneva.  Caroline had raised money for the enhanced provision ‘Sunflower Classroom’ and Quarriers. 

 

1.4       The attainment of the region’s young people had improved in the 2023 session, with a fuller picture expected later in the year.

 

1.5       The Convener explained that he had recently, along with other Elected Members, attended the opening event of the Caledonian Credit Union.  The Credit Union was the first of its kind in the Borders and had the potential to be a great resource for the people of the region. 

 

DECISION

NOTED.

2.

Minute pdf icon PDF 103 KB

Consider Minute of Scottish Borders Council held on 27 June 2024 for approval and signing by the Convener.  (Copy attached.)

 

Minutes:

The Minutes of the Meetings held on 27 June 2024 were considered. 

 

DECISION

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

3.

Committee Minutes pdf icon PDF 32 KB

Consider Minutes of the following Committees:-

 

(a)        Executive Committee                                                  14 May 2024

(b)        Audit Committee                                                         20 May 2024

(c)        External Services-Providers Monitoring Group          21 May 2024

(d)        Hawick Common Good Fund Sub-Committee           22 May 2024

(e)        Chambers Institution Trust                                         22 May 2024

(f)         Peebles Common Good Fund Sub-Committee         22 May 2024

(g)        Scrutiny & Petitions                                                    23 May 2024

(h)        Civic Government Licensing                                       24 May 2024

(i)         External Services-Providers Monitoring Group          28 May 2024

(j)         Planning and Building Standards                               3 June 2024

(k)        Community Planning Strategic Board                        6 June 2024

(l)         Executive Committee                                                  11 June 2024

(m)       Tweeddale Area Partnership                                      11 June 2024

(n)        Selkirk Common Good Fund Sub-Committee            13 June 2024

(o)        Peebles Common Good Fund Sub-Committee         17 June 2024

(p)        Lauder Common Good Fund Sub-Committee           24 June 2024

(q)        Planning and Building Standards                               8 July 2024

(r)         Peebles Common Good Fund Sub-Committee         31 July 2024

(s)        Local Review Body                                                     19 August 2024

 

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

 

Additional documents:

Minutes:

The Minutes of the following Committees had been circulated:

 

(a)        Executive Committee                                                            14 May 2024

(b)        Audit Committee                                                                    20 May 2024

(c)        External Services-Providers Monitoring Group                     21 May 2024

(d)        Hawick Common Good Fund Sub-Committee                      22 May 2024

(e)        Chambers Institution Trust                                                     22 May 2024

(f)         Peebles Common Good Fund Sub-Committee                    22 May 2024

(g)        Scrutiny & Petitions                                                                23 May 2024

(h)        Civic Government Licensing                                                 24 May 2024

(i)         External Services-Providers Monitoring Group                     28 May 2024

(j)         Planning and Building Standards                                          3 June 2024

(k)        Community Planning Strategic Board                                   6 June 2024

(l)         Executive Committee                                                            11 June 2024

(m)       Tweeddale Area Partnership                                                11 June 2024

(n)        Selkirk Common Good Fund Sub-Committee                       13 June 2024

(o)        Peebles Common Good Fund Sub-Committee                    17 June 2024

(p)        Lauder Common Good Fund Sub-Committee                      24 June 2024

(q)        Planning and Building Standards                                          8 July 2024

(r)         Peebles Common Good Fund Sub-Committee                    31 July 2024

(s)        Local Review Body                                                                19 August 2024

 

DECISION

APPROVED the Minutes listed above.  

           

MEMBER

Councillor Marshall joined the meeting during the discussion below. 

4.

Borders Railway Senior Project Manager pdf icon PDF 349 KB

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

Additional documents:

Minutes:

There had been circulated copies of a report by the Director Resilient Communities that provided a progress update on the development of a brief to appoint a Senior Project Manager to lead the delivery of the business case and feasibility work associated with the extension of the Borders Railway from Tweedbank to Carlisle.  Both the UK and Scottish Governments had previously agreed the appointment could be funded equally between the Department for Transport (DfT) and the Scottish Government as part of the commitment already made by Ministers to jointly invest up to £10 million in the delivery of the Borders Railway extension feasibility work via the Borderlands Inclusive Growth Deal.   Following approval to proceed received from Scottish Government to progress the appointment before the general election in June 2024, approval was requested from Council to proceed to appoint a suitably qualified Senior Project Manager while waiting to receive similar confirmation from UK Government Ministers.  The report also sought approval to set up the first meeting of the Cross-Party Working Group to oversee that work once the appointment was underway, and to arrange a meeting with the Borders Railway Reference Group to keep stakeholders informed of progress.  The Director Resilient Communities, Mrs Jenni Craig, presented the report and highlighted that whilst confirmation of the funding was still outstanding from the UK Government, the level of risk involved in proceeding was considered minimal.  The Convener welcomed Mrs Marion Short, Chair of the Campaign for Borders Rail, to the address the meeting.  Mrs Short thanked the Council for its proactive and positive decision to proceed with the plans to appoint the Project Manager. Mrs Short also thanked Mr Peter Heubeck, the technical advisor with the Campaign, and all other members of the Campaign, for their hard work.  Members welcomed the report, thanked the Campaign for their tireless and dedicated work and stressed that continual efforts needed to be made to ensure that the UK Government provided full approval to proceed.  The Leader of the Council confirmed that they would write to the UK Government requesting approval.  The Director Resilient Communities undertook to ensure that the Borderland Partnership also wrote to the UK Government. 

 

DECISION

AGREED to:-

 

(a)        progress with the appointment of a Senior Project Manager to lead the delivery of the business case and feasibility work associated with the extension of the Borders Railway, using the 50% funding commitment already received from Scottish Government, in advance of receiving full approval to proceed from UK Government; and

 

(b)        to set up the first meeting of the Cross-Party Working Group and the Borders Railway Reference Group once the appointment process was underway. 

 

5.

Hawick Place Plan pdf icon PDF 131 KB

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

Minutes:

5.1       There had been circulated copies of a report by the Director Resilient Communities that sought endorsement of the completed Hawick Place Plan which had been developed as a community led document as part of the Borderlands Place Programme requirements.  The full document, including supporting information could be viewed at Hawick Place Plan (arcgis.com).  The Hawick Place Plan had been developed by the Hawick Town Team which was made up of volunteers representing organisations from across the community.  The team elected to form a Memorandum of Understanding which appointed a lead to each of 12 categories that covered the range or groups operating in the town.  That included: Culture / Arts and Crafts – Alchemy; Education – Hawick High School;  Eco / Green / Recycle – Hornshole Greenway ; Fellowship – Scottish Men’s Shed Association; Heritage – Common Riding / Reivers Festival;  Media – Hawick Paper;  Parenting / Pre-school – Parent Council; Recreation - Music Festival; Religious – Salvation Army; Sport – Hawick RFC; Support / Youth Support – Escape Youth Services;  Regen / Housing / Civic – Hawick Development Trust (formally Future Hawick).  

 

5.2         Additionally, both Hawick and Burnfoot Community Councils were represented in an oversight role of the process.  A full list of contributors was included within the report.  Extensive engagement was undertaken by the community to initially establish the baseline of requirements and was meticulously categorised by volunteers.  A series of further engagement events were undertaken by the Town Team across a range of venues, with further engagement with businesses and young people undertaken in conjunction with consultants appointed to support the community effort.  Boards visualising the community feedback, and the outline of the proposed plan were created and “toured” around the community to gather further feedback and sense check the development of the plan was in line with community expectations.  The completed plan will be subject to further scrutiny from the public, with publication of the completed document and how to view being promoted through the Hawick Paper. That would inform the next stage of the Borderlands process that would be the development of a Town Investment Plan which acted as an outline business plan for the Place Plan.  The community also had the opportunity to register the Place Plan as a Local Place Plan under the Planning legislation, following completing a 28-day consultation period.  The Director Resilient Communities and the Portfolio Manager – Transformation, Ms Naomi Sweeney, presented the report and paid tribute to the excellent work of the volunteers from Hawick who had driven the work forward on the Place Plan.  Members welcomed the progress that had been made and congratulated the Hawick Town Team for demonstrating a long-term vision for the town.  In response to a question regarding a feedback session it was confirmed that sessions would be held that would allow other communities to share best practice and the lessons that had been learned.    

 

DECISION

AGREED to endorse the Hawick Place Plan and support the next stage of the development of  ...  view the full minutes text for item 5.

6.

Future Delivery of Sport, Leisure and Culture Services - Progress Update pdf icon PDF 226 KB

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

Additional documents:

Minutes:

6.1         With reference to paragraph 6 of the Minute of the meeting held on 27 June 2024, there had been circulated copies of a report by the Director Resilient Communities that provided an overview of the implications and implementation steps to transfer Active Schools and Sports Development back into the Council; an update on progress made to move to a Single Member Trust model; and a request to extend the delivery of the Cultural and Community Services Options Appraisal.  On 27 June 2024, following an options appraisal of the delivery models for the future delivery of sport, leisure and culture services, Council agreed to progress with Option 3.2 – move to a Single Member Trust Model and some services return to SBC to deliver, and that immediate steps were taken in conjunction with the Live Borders Board to progress with the implementation of this change.  Council also agreed, in principle, to bring Active Schools and Sports Development back into the Council subject to a fuller understanding of the implications of this change with a report brought to Council in August 2024 outlining the full implications of integrating Active Schools and Sports Development into the Council and how that would be implemented.  That had taken significant officer time across both organisations and had, as was highlighted as a risk within the June 2024 report, impacted progress on the Joint Transformational Change Programme.  The impact had been greater than was anticipated due to some of the complexities involved and the level of detail required to understand and address the implications of the proposed transfer. 

 

6.2       The work to carry out a further appraisal of the options for the future delivery of the cultural and community services either within the Trust, the Council or a combination of both, had been delayed.  It was requested that further time was given to officers to conclude that work and that the production of the further report be delayed until 19 December 2024.  The report also provided an update on progress made to move Live Borders to a Single Member Trust model and recommended changes to the Scheme of Administration to enable Scottish Borders Council to make any decisions that would be required as the Single Member of that Trust.  The Director Resilient Communities presented the report and expressed thanks to officers from Scottish Borders Council and Live Borders for their work in the area.  Mrs Craig highlighted that 29 employees would be TUPE transferred from Live Borders to SBC. Sports Scotland, who provided £340k of funding for services, fully supported the changes.  There would be a reduction to the management fee to cover the net cost of the service.  Mrs Craig confirmed that the Live Borders Board had met since the report had been published and that they had agreed the necessary changes to allow the transition to a single member trust.  Further reports on changes to the articles of association would be presented to the Executive Committee in due course.  The report was welcomed  ...  view the full minutes text for item 6.

7.

Review of Eddleston Primary - Currently Mothballed pdf icon PDF 289 KB

Consider report by Director Education and Children’s Services. (Copy attached.)

Additional documents:

Minutes:

7.1       There had been circulated copies of a report by the Director Education and Children’s Services that sought approval, following the recommendation from the Education Sub-Committee on 18th June 2024, to approve the continued Mothball status of Eddleston Primary School for one more year.  Approval was also sought for a further review of the mothballed status of Eddleston Primary School, in accordance with SBC Mothball Policy, to take place in May 2025 where upon a further report and Options Appraisal Review Report would be brought back to Committee and to Council. 

 

7.2       The report explained that mothballing was the term used when a school was closed temporarily as pupil numbers were so low that the Council and/or the Community considered that, whilst the school was not presently viable, there was a reasonable prospect that the number of pupils would increase to allow the school to re-open in the future.  As part of the mothballing process the catchment area for a school must also be temporarily re-zoned to Newlands Primary School. 

 

7.3       Eddleston Primary School was mothballed in June 2022, due to very low numbers at the school due to a significant drop in the roll. At the start of the 2021/22 school year there were 24 pupils enrolled at the school, which in accordance with Scottish Government Regulations equated to a single composite class.  That resulted in a number of placement requests being submitted by parents to other schools out with the catchment.  The school roll reduced throughout the school year and there were, at the time of mothballing status being invoked, only 4 pupils enrolled at the school.  Council officers worked closely with the parents at the school, who approached the Council asking for the school to be mothballed until there were sufficient numbers of children and more demand, to allow the School to re-open. 

 

7.4       It was confirmed that, in accordance with the Council’s Mothball Policy (required to be carried out annually), a review had been undertaken. It was noted that the review had been delayed  due to  operational changes, and  the  time taken to agree a survey as part of the review with the local Community Council of Eddleston and Elected Members. A further review was proposed to take place in May 2025 as a result. 

 

7.5       Collaboration with the Community Council of Eddleston and Elected Members for Tweeddale had been extremely helpful as part of the review process, including meetings and the development of the survey which formed part of the basis for the Options Appraisal-Eddleston Primary School- Mothball Review Proposal. 

 

7.6       The Proposal paper recommended that the status of the primary remained mothballed due to insufficient numbers/demand for the school, and that a second further review was carried out in May 2025. Members discussed the report, and it was highlighted that there was a feeling locally that the school was unlikely to reopen.  However, robust plans needed to be put in place to ensure that the school building was properly utilised in the future by  ...  view the full minutes text for item 7.

8.

Proposal to Mothball St Joseph's Roman Catholic Primary School, Selkirk pdf icon PDF 198 KB

Consider report by Director Education and Children’s Services. (Copy attached.)

Additional documents:

Minutes:

8.1         There had been circulated copies of a report by the Director Education and Children’s Services that sought approval, following the recommendation from the Education Sub-Committee on 18th June 2024, to mothball St Joseph’s Roman Catholic Primary School, Selkirk in accordance with the terms of the Council’s Mothballing Policy.  As part of the mothballing process the catchment area for a school would usually be temporarily rezoned, however as the school was a denominational Roman Catholic primary school, children from all over the Borders region could apply by placement request should they wish to educate their child/children in accordance with the Catholic faith and there was therefore no requirement and no need to temporarily re-zone a catchment area.  The proposal paper explained that safeguarding of denominational schooling was a clear priority.  Provision would be met by St Margaret’s Roman Catholic Primary in Galashiels, which was situated 6.1 miles away from St Joseph’s, and which could be facilitated by usual placement request option asking for a denominational education. There was also the option of Halyrude RC primary in Peebles, but it was expected (due to proximity) that St Margaret’s RC primary in Galashiels would likely be the preference for those living around the Selkirk Area.  Children would also have the option of their local non-denominational catchment school of Knowepark Primary or another one of the local Selkirk cluster schools.  

 

8.2         The recommendation to mothball was being made following a significant drop in the school roll at St Joseph’s Primary School.  At the start of the 2034/24 school year there were 11 pupils enrolled at the school, which in accordance with Scottish Government Regulations equated to a single composite class.  The roll had been steadily dropping each year.  St Joseph’s had the total capacity for 50 pupils. At the time of the Option Appraisal commencing, there were 9 pupils attending the school, none of which were registered as being baptised Roman Catholic.  Current projections indicated no increase in demand for admissions at St Joseph’s in the next 2 years.  The projected roll suggested that there were 0 children for the next academic year from August 2024.  Two placement requests had been made to another non-denominational school Selkirk cluster primary school, and the roll would drop naturally as the primary seven children moved on to attend secondary school.  As admissions to St Joseph’s had continued to decline over the last 5 years it could be extrapolated that demand for the school within the town had reduced in that period.  A school roll at such low levels caused concern regarding the range of curricular and learning opportunities available to the children.  The report explained that mothballing was the most reasonable option considered by officers for St Joseph’s RC Primary, based on the current facts and circumstances.  In response to a question regarding the number of schools that could potentially be mothballed across the region, the Director Education and Children’s Services explained that there was not a list of schools at threat.  Work was ongoing regarding  ...  view the full minutes text for item 8.

9.

Proposal for Commencement of Statutory Consultation on Proposal for Permanent Closure of the Wilton Centre, Hawick pdf icon PDF 141 KB

Consider report by Director Education and Children’s Services. (Copy attached.)

Additional documents:

Minutes:

9.1       There had been circulated copies of a report by the Director Education and Children’s Services that proposed the commencement of a Statutory Consultation in accordance with The Schools (Consultation) (Scotland) Act 2010 to take place from 30th September until 18th November 2024 regarding the Proposal to permanently close The Wilton Centre, Hawick (currently temporarily closed).  An informal pre-consultation period of engagement had taken place as was approved and recommended by the Education Sub Committee on 23rd April 2024.  The Pre-Consultation review opened on Wednesday, 8 May 2024 and closed on Friday 28 June 2024 inclusive and 171 responses had been collated.  Responders were asked if they agreed with a proposal to close the Wilton Centre permanently and asked for comments.  A majority were against the permanent closure of the Wilton Centre.  The responses identified a wide range of views and opinions that needed to be considered.  Given that background, Officers recommended that a full Statutory Consultation should be undertaken under the 2010 Act to ensure Scottish Borders Council was adhering to the relevant statutory provisions in relation to any proposals regarding significant changes to schools under the 2010 Act, and to ensure wide and thorough engagement.  The Council would provide an undertaking that the 171 responses under the pre consultation engagement review survey would also be included and considered within the formal Statutory Consultation as if they were obtained as a response, within the formal Statutory consultation.  The statutory Consultation Period would incorporate a period of at least 6 full weeks and at least 30 term days as per statutory requirements under the 2010 Act.  The Statutory Consultation period would open on 30th September 2024 and close on 18th November 2024 inclusive.  

 

9.2       The report explained that because that follows the statutory Consultation procedure under the 2010 Act, it required the involvement of HMIE (Majesty’s Inspectorate of Education) within the consultation process.  The Proposal Paper included an Educational Benefits Statement that would be reviewed by HMIE and Education Scotland Report would also produce a report.  HM Inspectors would engage with the consultation and attend an in person public meeting.  An in person Public Meeting would take place on Wednesday 23rd October within Hawick Town Centre (with the venue to be allocated and published within the Proposal Paper when published on 30th September) and a Report from Education Scotland would then be published no later than three weeks after the closure of the Consultation period.  Dates had been agreed in advance with Education Scotland.  Thereafter a Consultation Report prepared by Officers would be brought back to Council with further recommendations for a decision to then be taken. The Proposal Paper aimed to set out the proposal to close the Wilton Centre permanently, to set out the Educational Benefits of the proposal, and to agree the commencement of a formal Consultation period to fully adhere to requirements of the 2010 Act, to gather views and opinions on the proposal before, Education Scotland produced their report, and a further report was presented  ...  view the full minutes text for item 9.

10.

Integration Joint Board Directions: August 2024 pdf icon PDF 446 KB

Consider report by Joint Director, Health and Social Care / Chief Officer, Integration Joint Board. (Copy attached.)

Minutes:

There had been circulated copies of a report by the Joint Director, Health and Social Care/ Chief Officer, Integration Joint Board that provided an update on the Directions issued to the Scottish Borders Council from the Health and Social Care Integration Joint Board in their July 2024 meeting.  The Direction issued by the Integration Joint Board in July 2024 related to ensuring a whole systems pathways approach for children presenting with neurodiversity.  The Joint Director Health and Social Care/ Chief Officer Integration Joint Board, Mr Chris Myers presented the report and explained that the Direction related to an ask from the Integration Joint Board jointly to Scottish Borders Council and NHS Borders to develop specific recommendations that supported a redesign of the support to children and young people with or presenting with Neuro Diversity.  The Direction was issued to Scottish Borders Council in relation to mental health delegated services, however in recognition of the significant benefits of working in a partnership approach with children’s services which was out with the Integration Joint Board delegated service scope, the Integration Joint Board had sought the support of Scottish Borders Council to be involved more broadly.  In response to a question regarding how the Direction would help young people as they transitioned into Adult Services, Mr Myers explained that the initial focus of the work was on children and young people’s services.  Mr Myers acknowledged that considerable work was required system wide to ensure that transitions were as smooth as possible.  Regarding adults with neurodevelopment disorders, Mr Myers explained that people were able to access services where they met the threshold for clinical referral.  In response to a question regarding the recruitment and retention of child and adult mental health workers, Mr Myers confirmed that those services were not expanding, but that continued to try its best to meet the needs and risks of those presenting as best as it could. 

 

DECISION

NOTED the Direction issued by the Health and Social Care Integration Joint Board to Scottish Borders Council. 

 

11.

Proposed Changes to Scheme to the Scheme of Remuneration pdf icon PDF 196 KB

Consider report by the Chief Executive. (To follow.)

Additional documents:

Minutes:

11.1     With reference to paragraph 3 of the Minute of the meeting held on 26 May 2022 there had been circulated copies of a report by the Chief Executive that sought approval for alterations to the existing Scheme of Remuneration.  The report took account changes to portfolio titles and responsibilities now proposed and, if approved, would be applied to the Political Administration of Scottish Borders Council.  The report explained that payments to Councillors were governed by The Local Governance (Scotland) Act 2004 (Remuneration) Regulations 2007.  The Regulations specified that, in addition to the Convener and the Leader of the Council, Scottish Borders Council may appoint a maximum of 14 “Senior Councillors” to positions of responsibility.  The payment level for the Leader and Convener were fixed by the Regulations.  The regulations then provided that the total allowed budget for Senior Councillors (excluding the Convener and Leader) was a maximum of £373,576.  Following consideration of the responsibilities to be borne by Senior Councillors, a revised Scheme of Remuneration had been drawn up that sought to recognise the differing significance of what was involved in each role.  Details of the Scheme were contained in Appendix 1 to the report, along with the proposed payment rates for each role.   The Chief Executive presented the report, highlighted that Appendix 1 had been reissued as a supplementary item and proposed that recommendation 2 (b) be amended to include the Convener, the Leader of the Council, and the Leader of the Opposition as consultees for any required changes.  Members unanimously agreed to approve the amended recommendation 2 (b).

 

11.2     Councillor Thornton-Nicol moved an amendment to the recommendation in the report proposing to align the Executive Members with the Operating Model agreed by Council.  Those Executive Members would be assigned to work with individual Service Directors.    Members spoke in favour of the Motion and the Amendment.  Councillor Marshall, seconded by Councillor Moffat, proposed that the vote be held by roll call.  That proposal was unanimously approved.  Councillor Weatherston moved that the matter be put, which was approved. 

 

VOTE

Councillor Jardine, seconded by Councillor Scott Hamilton moved that the original recommendation 2.1 in the report be approved.

 

Councillor Thornton-Nicol, seconded by Councillor Sinclair moved as an amendment that Executive Members were aligned to the Operating Model that was agreed unanimously by this Council on 29 March 2024.  That would mean that each Director would be assigned an Executive Member to work with, ensuring best value for the people of the Scottish Borders.   Each Executive Member should be given uplift and proposed salaries for all positions are listed below – the post of Convener of Licensing has been added to bring SBC in line with other local authorities, and in recognising its quasi-judicial standing.    That would mean that as well as lessening the burden on Directors that that proposed paper implies, there would be a sizeable recurring financial saving to the Council.  The resultant structure would be:

 

Leader – £42,698

Convener – £32,024

Executive member for Health, Social Care  ...  view the full minutes text for item 11.

12.

Motion by the Leader pdf icon PDF 68 KB

Consider Motion by the Leader of the Council further to the report at Item No. 14 (a). (To follow.)

Minutes:

Councillor Jardine, seconded by Councillor Tatler, in response to the approval of the previous item, moved a list of Councillors to be appointed to the new Portfolio Holder positions. The list of appointments was displayed on screen at the meeting.  Councillors Jardine and Tatler spoke in favour of the Motion.  The SNP and Green Councillors stated their dissent at the approval of the appointments but did not move an amendment.  

 

DECISION

AGREED to approve the appointments as detailed in Appendix I to this Minute.

 

MEMBER

Councillor Rowley left the meeting during the discussion below.

13.

Motion by Councillor Anderson

Consider Motion by Councillor Anderson in the following terms:-

 

“Scottish Borders Council instructs officers to prepare and present a report concerning the population of Herring Gulls in the East Berwickshire area. This report should include the following:

 

1.An account of the actions that have been taken so far to address this issue.

2. An outline of potential measures that can be implemented moving forward.

3. Details of the resource implications of any proposed measure and any barriers to implementation together with details of the potential outcomes of these measures for the community and the environment.”

Minutes:

Councillor Anderson, seconded by Councillor Carol Hamilton moved approval of the following Motion as detailed on the agenda:-

 

“Scottish Borders Council instructs officers to prepare and present a report concerning the population of Herring Gulls in the East Berwickshire area.

 

This report should include the following:

1.An account of the actions that have been taken so far to address this issue.

2. An outline of potential measures that can be implemented moving forward.

3. Details of the resource implications of any proposed measure and any barriers to implementation together with details of the potential outcomes of these measures for the community and the environment.”

 

Councillor Anderson spoke in favour of the Motion.  Councillor Smart stated her dissent at the approval of the Motion but did not move an amendment. 

 

DECISION

AGREED to approve the Motion. 

14.

Motion by Councillor Anderson

Consider Motion by Councillor Anderson in the following terms:

 

“Scottish Borders Council recognises the grave implications of the recent cuts to winter fuel payments for our older population and agrees that the Leader of the Council formally writes to the UK Government to highlight the detrimental consequences these cuts will have on residents in the Scottish Borders.

 

Older people already face significant challenges, and the reduction of winter fuel allowance will exacerbate their struggles, leading to prolonged exposure to cold temperatures and increasing financial strain. Many older residents rely on these payments to keep their homes warm during harsh winter months; without this support, we risk condemning them to a sad reality of discomfort and financial insecurity.

 

The Council’s request for this decision to be reversed is not merely an appeal—it is a necessity to ensure the dignity, health, and well-being of our older people. Ignoring the needs of our older people will have serious repercussions for our communities, and we must advocate fiercely for their rights and support”

Minutes:

Councillor Anderson, seconded by Councillor Anderson moved approval of the following Motion as detailed on the agenda:

 

“Scottish Borders Council recognises the grave implications of the recent cuts to winter fuel payments for our older population and agrees that the Leader of the Council formally writes to the UK Government to highlight the detrimental consequences these cuts will have on residents in the Scottish Borders.

 

Older people already face significant challenges, and the reduction of winter fuel allowance will exacerbate their struggles, leading to prolonged exposure to cold temperatures and increasing financial strain. Many older residents rely on these payments to keep their homes warm during harsh winter months; without this support, we risk condemning them to a sad reality of discomfort and financial insecurity.

 

The Council’s request for this decision to be reversed is not merely an appeal—it is a necessity to ensure the dignity, health, and well-being of our older people. Ignoring the needs of our older people will have serious repercussions for our communities, and we must advocate fiercely for their rights and support”

 

Members discussed the Motion. Following a brief adjournment, the Director Corporate Governance explained that confusion had arisen as a result of a typographical error in the Motion that had been published on the agenda.  Reference to the “UK Government” should have read as “Scottish Government”.  The Director advised that given the significant difference that the error made to the Motion it would not be appropriate to consider it at the meeting.  The Motion would be amended and re-submitted to the next meeting of Council. 

15.

Urgent Motion by Councillor Begg

Consider urgent Motion by Councillor Begg in the following terms:-

 

“The Post Office was given £640M of taxpayers money to help support a network transformation over a 10 year period. This process ends in 2025.

As part of the transformation process the Post Office agreed funding to support the costs of putting a new Post Office counter in when there is a reconfiguration of service .i.e. the £17K cost of installing a single counter to replace 2 counters would historically be met by the Post Office from this fund.

 

It is understood there are numerous rural Post Offices (including some in Scottish Borders) that are concerned that the Post Office may no longer be committed to covering this transformation cost and that this may deter potential new sub-postmasters from taking over contracts from retiring sub-postmasters. It is further understood there are currently 30 post offices UK wide that should benefit from this fund in advance of the April 2025 deadline.

 

This may in turn lead to avoidable closures of a rural Post Office with a significantly lesser ‘statutory service’ being provided once a week by van.

 

 We propose that the Council Leader write to the Chair and Chief Executive of the Post Office asking them to commit to support the ongoing funding of transformation of existing Post Office counters until the end of the agreed network transformation period in 2025.”

Minutes:

Councillor Begg, seconded by Councillor Thomson moved approval of the following Motion as detailed on the agenda:-

 

“The Post Office was given £640M of taxpayer’s money to help support a network transformation over a 10 year period. This process ends in 2025.

 

As part of the transformation process the Post Office agreed funding to support the costs of putting a new Post Office counter in when there is a reconfiguration of service i.e. the £17K cost of installing a single counter to replace 2 counters would historically be met by the Post Office from this fund.

 

It is understood there are numerous rural Post Offices (including some in Scottish Borders) that are concerned that the Post Office may no longer be committed to covering this transformation cost and that this may deter potential new sub-postmasters from taking over contracts from retiring sub postmasters. It is further understood there are currently 30 post offices UK wide that should benefit from this fund in advance of the April 2025 deadline.

 

This may in turn lead to avoidable closures of a rural Post Office with a significantly lesser ‘statutory service’ being provided once a week by van.

 

We propose that the Council Leader write to the Chair and Chief Executive of the Post Office asking them to commit to support the ongoing funding of transformation of existing Post Office counters until the end of the agreed network transformation period in 2025.”

 

Councillor Beggs and Thomson spoke in favour of the Motion.  Councillor Pirone moved an amendment to insert that the Council Leader also write to the “the responsible Westminster Minister and the Scottish Minister”.  Councillor Begg agreed to accept the amendment. The amended Motion was unanimously approved.

 

DECISION

AGREED to approve the Motion as amended. 

           

MEMBER

Councillor Anderson left the meeting during the discussion below

16.

Open Questions pdf icon PDF 117 KB

Minutes:

The questions submitted by Councillors Begg, Robson, Sinclair and Steel were answered.  A question by Councillor Anderson had been withdrawn prior to the meeting.  

 

DECISION

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

17.

Urgent Business

Minutes:

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 and to keep Members informed.

18.

Jedburgh Leisure Facilities Trust Additional Support pdf icon PDF 225 KB

Consider urgent report by Director of Finance. (Copy attached.)

Minutes:

18.1     There had been circulated copies of a report by the Director of Finance that outlined the financial situation of Jedburgh Facilities Leisure Trust (JFLT) and proposed recommendations to support the financial sustainability of the Trust in the short term.  Since 2003 the Waterside Fitness Centre in Jedburgh (known locally as the Jedburgh Memorial Pool) had been operated by JFLT, receiving funding annually from Scottish Borders Council.  The report explained that the Trust had been experiencing financial challenges.  Those related to reduced income, energy and staff costs since the COVID 19 pandemic.  On 14 August 2024 the Trust wrote to Council officers and Councillors highlighting that their accountants had advised that they were close to insolvency and requested that SBC provide a Letter of Comfort confirming support that will enable the Trust to continue trading, deal with JFLT on similar and pro-rata terms as Live Borders, and supply JFLT with enough funds to pay off residual and current debt obligations until a formal award was made by the Council. JFLT also requested, as a matter of urgency, an advance of its agreed funding.  The Council had already provided 3 of the 4 quarterly payments of annual funding due in the current financial year to provide immediate cashflow support to the Trust while the financial position was confirmed.   The Trust currently had in the region of £3k available in the bank and an immediate wages bill of in the region of £20k due on Friday 30 August 2024.  In addition, the Trust had current debt of £32k and further outstanding debt of £26k. The Trust had confirmed that with current levels of forecast income it was unable to service current and outstanding debt at the same time.

 

18.2       The Trust in its current form was not financially sustainable due to its reliance on one-off donations to maintain sufficient income.   JLFT had worked with Council officers to determine a forecast position for the Trust.  Assuming further fundraising and donation targets of £15k were achievable during the remainder of this financial year, SBC officers had assessed that additional funding of c£30k was required in 2024/25 to ensure the sustainability of the Trust to 31 March 2025.  The Trust had been operating the public toilets at Lothian Park/The Glebe (situated across the A68 from the swimming pool) since they re-opened after the Covid pandemic and had made a request to purchase them.  The Trust was also looking to take on the running of the Town Hall as a pilot from December 2024 whilst developing a business case for the future sustainability of it.  In addition, the Trust had also expressed an interest in the library building as well as part of the old Jedburgh Grammar School.  If the Trust were to be declared insolvent any associated endeavours at that time would also be impacted.

 

18.3       The Director of Finance presented the report and responded to questions.  Members highlighted that crowdfunding efforts were ongoing to try and provide the Trust with additional income.  Members highlighted  ...  view the full minutes text for item 18.

19.

Private Business

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.”

Minutes:

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

 

20.

Minute

Consider private Section of Minute of Scottish Borders Council held on 27 June 2024.  (Copy attached.)

Minutes:

The private sections of the Council Minutes of 27 June 2024 were considered and an amended version approved.

21.

Committee Minutes

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

 

(a)        Executive Committee                                                  14 May 2024

(b)        External Services-Providers Monitoring Group          21 May 2024

(c)        Hawick Common Good Fund Sub-Committee           22 May 2024

(d)        Chambers Institution Trust                                         22 May 2024

(e)        Peebles Common Good Fund Sub-Committee         22 May 2024

(f)         Civic Government Licensing                                       24 May 2024

(g)        External Services-Providers Monitoring Group          28 May 2024

(h)        Planning and Building Standards                               3 June 2024

(i)         Executive Committee                                                  11 June 2024

(j)         Selkirk Common Good Fund Sub-Committee            13 June 2024

(k)        Lauder Common Good Fund Sub-Committee           24 June 2024

 

(Please see separate Supplement containing private Committee Minutes.)

Minutes:

The private sections of the Committee Minutes detailed in paragraph 3 of this Minute were approved.

 

DECLARATION OF INTEREST

Councillors Cox, Marshall, McAteer, Ramage, Richards and Smart 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.  Councillor Greenwell assumed the Chair. 

 

22.

Committee Minute Recommendation

Consider recommendation from Hawick Common Good Fund Sub-Committee meeting held on 20 March 2024. (Copy attached.)

Minutes:

Members considered and approved committee recommendations from the Hawick Common Good Fund Sub-Committee meeting held on 20 March 2024 and the Jedburgh Common Good Fund Sub-Committee meeting held on 27 May 2024. 

 

DECLARATION OF INTEREST

Councillors Cox, Marshall, McAteer, Richards and Smart re-joined the meeting.  The Convener assumed the Chair. 

 

23.

Capital Projects Adjudication Update - Hawick Flood Protection Scheme and Union Chain Bridge

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

Minutes:

Members considered a report by the Director Infrastructure and Environment and approved its recommendations.     

 

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