Scottish Borders Council

Agenda and minutes

Venue: Via Microsoft Teams

Contact: Louise McGeoch Tel: 01835 825005  email:  lmcgeoch@scotborders.gov.uk

Link: link to live stream

Items
No. Item

1.

Convener's Remarks.

Minutes:

1.1     The Convener congratulated the following on their success in the Paralympics in Tokyo:-

·         SammiKinghorn – Track success in T53 400m silver and T53 100m bronze athletics

·         Libby Clegg  - Sprinter, bronze as part of Great Britain's 4x100m universal relay team

·         Stephen Clegg - won three swimming medals - S12 100m butterfly silver and bronze in the S12 100m backstroke and S12 100m freestyle.

 

1.2     The Convener congratulated Stow Primary School which was named Schools Champion at this year’s Surfers Against Sewage Plastic Free Awards.

1.3     The Convener welcomed Mr Riddell Graham to the meeting.  Mr Graham was retiring from Visit Scotland this month but he had begun his career with Borders Regional Council in 1978 and had led the Scottish Borders Tourist Board until the formation of Visit Scotland.  The Convener thanked Mr Graham for his long service to the Borders and for his help personally.  The Convener advised that Mr Graham would be presented with a Reiver Statue for his service. 

DECISION

AGREED that congratulations be passed to those concerned.

 

1.4     With reference to paragraph 5 of the Minute of 17 June 2021 regarding theappointment of an independent investigator in connection with the council's handling of school assault allegations, the Chief Executive advised that Andrew Webster QC had hoped to report to the Council in September.  However, the investigation was taking longer than expected due to a number of factors and she advised that the report would be brought to Council by November at the latest.

 

DECISION

NOTED the position.

 

2.

Minute pdf icon PDF 478 KB

Consider Minute of Scottish Borders Council held on 26 August 2021 for approval and signing by the Convener.  (Copy attached.)

 

Minutes:

The Minute of the Meeting held on 28 August 2021 was considered. 

 

DECISION

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

 

3.

Committee Minutes pdf icon PDF 115 KB

Consider Minutes of the following Committees:-

 

(a)     Jedburgh Common Good Fund                         16 August 2021

(b)     Executive                                                           17 August 2021

(c)     Audit & Scrutiny                                                 19 August 2021

(d)     Civic Government Licensing                              20 August 2021

(e)     Planning & Building Standards                          6 September 2021

 

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

 

Additional documents:

Minutes:

The Minutes of the following Committees had been circulated:-

 

Jedburgh Common Good Fund                16 August 2021

Executive                                                  17 August 2021

Audit & Scrutiny                                        19 August 2021

Civic Government Licensing                     20 August 2021

Planning & Building Standards                 6 September 2021

           

DECISION

APPROVED the Minutes listed above.

 

4.

Emergency Powers pdf icon PDF 1 MB

Note decision taken by the Chief Executive in consultation with the Leader, Convener and Executive Member.  (Copy attached.)

Additional documents:

Minutes:

There had been circulated copies of an Emergency Powers report by the Executive Director, Finance and Regulatory, on a proposed major enhancement of the current capacity and resilience of the Wide Area Network (WAN) that carried both internet and corporate connections for 8 of the 9 Borders high schoolswith a capital cost of £1.7m.  The work proposed would align the capacity of the whole network with the technology blueprint already implemented for the Jedburgh Education Campus.  The investment proposed would ensure that the network remained fit to meet the increasing network requirements of secondary digital education for all students in the new academic year.  The report had already been approved under the Council’s Emergency Powers Procedure and had circulated for information.

 

DECISION

NOTED the report.

 

5.

South of Scotland Regional Economic Strategy pdf icon PDF 335 KB

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

Additional documents:

Minutes:

With reference to paragraph 8 of the Minute of 17 June 2021, there had been circulated copies of a report by the Director Resilient Communities seeking the agreement of Scottish Borders Council for the South of Scotland Regional Economic Strategy, as contained in Appendix 1 to the report, which had been produced by the South of Scotland Regional Economic Partnership.  The report explained that the Strategy had been produced by the South of Scotland Regional Economic Partnership (REP).  The REP comprised members of Scottish Borders Council, Dumfries and Galloway Council, and SOSE, together with appointed members from business, communities, social enterprise, third sector, registered social landlords, and representatives from colleges, universities and public bodies.  Scottish Borders Council had been involved in every stage of the development of the Strategy.  The membership of the REP from the Council comprised Councillors Haslam, Rowley, Mountford and Bell, with Councillor Robson as a substitute.  The chair of the REP rotated annually (based on financial years) between Dumfries and Galloway Council (DGC) and Scottish Borders Council (SBC), and Councillor Rowley had chaired the REP in this final crucial phase of the development and agreement of the Strategy.  The consultation on the draft Strategy had been completed and efforts to ensure an extensive reach led to the REP hearing from about 350 people including representatives of organisations.  This included close to 100 detailed responses offering constructive feedback to help positively refine the Strategy.  There was a large degree of support for the Strategy and its themes.  However, there were some comments relating to the detail of the Strategy that resulted in amendments that were approved by the REP.  The REP agreed the Strategy at its meeting on Thursday 2 September 2021.  A Delivery Plan of actions was being developed.  Members welcomed the Strategy and looked forward to receiving the Action Plan.

 

DECISION

AGREED:-

 

(a)     the South of Scotland Regional Economic Strategy, as contained in Appendix 1 to the report; and

 

(b)     to receive the Strategy’s Delivery Plan and a Measurement Framework for the Strategy at a future meeting.

 

6.

Edinburgh & South East Scotland City Region Deal Regional Prosperity Framework Update pdf icon PDF 216 KB

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

Additional documents:

Minutes:

With reference to paragraph 7 of the Minute of 17 June 2021, there had been circulated copies of a report by the Director Resilient Communities seeking ratification of the finalised Regional Prosperity Framework (RPF) for the Edinburgh and South East Scotland City Region.  This followed Council’s earlier ratification of a consultative draft Regional Prosperity Framework and associated consultation process at its meeting on 17 June, 2021, and approval of the finalised RPF by City Region partner representatives at the Joint Committee meeting on 3 September 2021.  The report explained that the RPF built on City Region ambitions through a holistic economic framework that would provide the basis for economic recovery post-pandemic and future direction for major projects and investment that supported inclusive growth and transition to a net zero economy over the next 20 years.  City Region partners initiated a consultation on a draft RPF, which closed on 26 July.  Feedback from the consultation was analysed to inform drafting of a final RPF to be presented to the Edinburgh and South East Scotland City Region Joint Committee on 3 September 2021, as contained in Appendix 1 to the report.  Scottish Borders Council was represented by the Council Leader on the Joint Committee.  Members welcomed the report which set out a vision for the next 20 years.

 

DECISION

AGREED to:-

         

(a)     note the overall number and content of responses to the consultation, the major themes which emerged and the broadly positive nature of the majority of responses;

 

(b)     ratify the full final version Regional Prosperity Framework (RPF) as contained in Appendix 1 to the report; and

 

(c)     note that, following approval of the RPF by the Joint Committee, a number of additional actions wold be initiated to support the RPF, namely:

 

(i)      formal endorsement of the RPF by the Council’s regional partners;

 

(ii)     preparation of an implementation and action plan to support delivery; and

 

(iii)    finalisation of a publication version to include additional graphic content.

 

7.

Scottish Borders Council's Anti-Poverty Strategy pdf icon PDF 333 KB

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

Additional documents:

Minutes:

7.1         With reference to paragraph 7 of the Minute of 25 February 2021, there had been circulated copies of a report by the Director Community Resilience presenting the finalised Anti-Poverty Strategy for proposed adoption following a 6-month consultation period.  The report summarised the consultation process and outcomes, next steps in delivering on the Strategy Action Plan, including the establishment of an Anti-Poverty Members Reference Group, and sought adoption of the Strategy.  The report explained that following a Motion by Councillor Tatler to Council in September 2020 a Working Group had been set up to develop an approach to public consultation and create a final Strategy and Action Plan for approval.  This Working Group had now completed its task and it was proposed that it was replaced by an Anti-Poverty Members Reference Group, the Terms of Reference for which were detailed at Appendix 1 to the report.  This Group would would monitor the implementation of the Strategy and Action Plan. The Draft Anti-Poverty Strategy, contained in Appendix 2 to the report set out the steps that Scottish Borders Council and Partners planned to take in tackling poverty in the Scottish Borders in relation to:

        Economic poverty and income

        Fuel poverty

        Housing poverty

        Food poverty

        Impact on family and community health and wellbeing

        Digital poverty

 

7.2         The Council was continuing to respond to the current Covid-19 pandemic and working with communities through the Community Assistance Hubs.  The learning from this work and the lived experience of those in hardship would be taken into account in how the ongoing delivery of the Action Plan, as contained in Appendix 3 to the report, evolved.  Members were pleased to support the paper and paid tribute to Councillor Tatler, the Working Group and officers for their efforts in producing this Strategy so quickly.  Councillor Tatler, seconded by Councillor Haslam, proposed that the membership of the Members Reference Group should be Councillors Tatler, Greenwell, Linehan, Marshall, Ramage, Robson and Thornton-Nicol and this was unanimously agreed.

 

DECISION

AGREED to:-

 

(a)     note the feedback provided from the consultations on the Draft Anti-Poverty Strategy and Action Plan;

 

(b)     approve the establishment of an Anti-Poverty Members’ Reference Group comprising Councillors Tatler, Greenwell, Linehan, Marshall, Ramage, Robson and Thornton-Nicoland Terms of Reference as detailed in Appendix 1 to the report;

 

(c)     approve the finalised Strategy and Action Plan, as contained in Appendices 2 and 3 respectively, for adoption; and

 

(d)     receive an annual Progress Report of the Anti-Poverty Strategy Action Plan.

 

 

8.

Tweedbank Development Update pdf icon PDF 202 KB

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

Minutes:

With reference to paragraph 9 of the Minute of 17 June 2021, there had been circulated copies of a report by Director Environment and Infrastructure providing an update on the delivery approach to realise the overall ambition to expand Tweedbank in accordance with current plans and policies.  The report provided a detailed update on the Council owned sites and progress with the Supplementary Planning Guidance and Design Guide.  With regard to the former Lowood Estate, the Council was close to being able to secure occupation of the house and an option appraisal process would be undertaken on a range of future uses in the short, medium and long term.  It was proposed that the option appraisal would take 3 months to complete and a report on this would be brought back to Members in early 2022.  The report also explained that further enabling works in the form of an access road and services would be developed in 2021/22 that would lead from the extended Tweedside Park towards the north into the former Lowood Estate.  The funding for this access road was allowed for within the City Region Deal programme.  The City Region Deal also provided for a range of new office and manufacturing space spread over 3 phases.  However, officers were currently obtaining independent Commercial and Residential advice to appreciate trends because of the Covid-9 pandemic.  This advice would be reported back to Council to ensure that full control of the type and timing of future development within phases 2 and 3 of the Central Borders Innovation Park took place.  Officers were also working on plans for the Residential Care Village, supported living and affordable housing developments.  Members discussed the detail of the report and noted that officers were working on an updated financial model.

 

DECISION

AGREED to:-

 

(a)       note the progress with the projects on Council owned sites; and

 

(b)       approve the construction of the road and service infrastructure providing access to Business Zone 1 and 2.

 

9.

Hawick High School Project Update pdf icon PDF 185 KB

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

Additional documents:

Minutes:

With reference to paragraph 15 of the Minute of 29 November 2018, there had been circulated copies of a report by the Director Environment and Infrastructure providing an update on the delivery of a new school in Hawick.  The report detailed the background to identifying a site and explained that it had been determined that the site of the existing school was the best option.  With regard to flood risk, a feasibility study had been carried out and this noted that the existing school had large elements sitting at ground level which displaced large volumes of flood water placing a risk to neighbouring buildings.  The proposed new building, positioned with a reduced footprint on a plinth set at a level consistent with SEPA requirements, would sit out-with the flood risk level and would not increase the flood risk to adjacent properties in the same way.  Both aspects were a fundamental requirement of a planning application within a flood risk area.  Locating the new building on the existing site would ensure that the school remained at the heart of the community, continuing well over 100 years of education provision at this important town centre location.  It would ensure continued access to the adjacent synthetic 3G and 2G sports pitches at the Volunteer Park and the wider Wilton Lodge Park.  It would also continue to benefit from the established access arrangements at the Common Haugh for bus travel to and from the school.  There was also significant investment with the Hawick Flood Protection Scheme in terms of the Active Travel Network and the existing school site connected well with this initiative.  Having established that the existing site appeared to be feasible, a concept design for the new building had been identified.  With some adjustments to the existing operational school, it was possible to construct a 4 storey new build in the area of ground between the adjacent cricket club and the older school buildings.  Displacement of the existing social area and music buildings would be required.  The next step for the project was to engage in consultation with the Community and a blended approach would be taken.  Members welcomed the report, supported the proposed site and looked forward to having a new school in 2027.

 

DECISION

AGREED:-

 

(a)    to note the contents of the report;

 

(b)     that there appeared to be a technically acceptable option to locate the replacement of Hawick High School within the existing school site; and

 

(c)     that a community consultation exercise be undertaken to present the preferred option.

 

10.

Corporate Management Team Structure Review - Changes to Scheme of Delegation, Scheme of Administration and Standing Orders pdf icon PDF 200 KB

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

Additional documents:

Minutes:

There had been circulated copies of a report by the Chief Executive requesting approval for changes to the Scheme of Delegation to reflect the new job titles and changes to line management with the recent restructure of the Council’s Corporate Management Team, as well as some subsequent minor changes to the Scheme of Administration and Standing Orders.  The report explained that over the last few months it has been necessary to review the Council’s Corporate Management Team (CMT), to ensure the Council had a flexible and dynamic approach that allowed it to better reflect priorities, and to ensure that there was the right capacity, experience, and skills in the right place.  As well as responding to the departure of one member of CMT staff, the changes to CMT would assist in defining the commissioning arrangements around social work and social care, including the relationship and processes between the Council, the IJB and the Health & Social Care Partnership.  With the pandemic and speed of digital change, it also meant that reflection was needed on what required to be delivered in the Transformation programme now, versus previous thinking pre-pandemic.  These changes to CMT required amendments to be made to the Council’s Code of Governance documents.  The Scheme of Delegation, appended to the report, contained the changes stemming from the amendments to Directors’ job titles and subsequent changes in responsibilities.  No new delegated powers had been added to the Scheme.  As a consequence of the changes to Directors’ job titles and responsibilities, a number of minor changes were also required to the Scheme of Administration and to Standing Orders and these were detailed in the report.  The report also contained an update on the future working of committees, including the technology to be used, the livestreaming and recording of Council committee meetings with a further report brought to Council on this in due course.  The Chief Executive advised that there would likely be further changes to CMT in future as it evolved to ensure it was fit for purpose.

 

DECISION

AGREED to:-

 

(a)       note the changes to job titles and responsibilities of the Corporate Management Team;

 

(b)       approve the changes to the job titles and responsibilities of the Corporate Management Team in the Scheme of Delegation, as detailed in the Appendix to the report;

 

(c)       approve changes to the Scheme of Administration, deleting all references to the ‘Service Director – Young People, Inclusion and Engagement’, and replacing that title with ‘Director – Education & Lifelong Learning’; and for Appointment Committees, to delete the word ‘Service’ so the functions referred are “The recruitment of staff to posts at Director and above.”; and

 

(d)     approve a change to Standing Order No. 49(c), deleting the reference to the ‘Executive Director (Finance & Regulatory)’ and replacing that title with ‘Director – Finance & Corporate Governance’

 

11.

Chief Social Worker Annual Report pdf icon PDF 218 KB

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

Additional documents:

Minutes:

There had been circulated copies of a report by the Director Social Work and Practice in his role as the Chief Social Work Officer (CSWO) providing his annual report on the work undertaken on behalf of the Council by the CSWO in this statutory role for 2020/21.  The annual report contained in Appendix A to the report, provided 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,

·                     Justice. 

The report also gave an overview of regulation and inspection, workforce issues and social policy themes over the year April 2020 to March 2021, and highlighted some of the key challenges for that year.  As was the case in last year’s annual report, given the workload implications caused by the Covid-19 pandemic, Scottish Government recommended the continued use of a condensed reporting template to enable CSWOs to present shortened reports for local governance structures.  This recommended template had been used.  Members paid tribute to the work of staff over this difficult period and noted the continuing issues with recruitment and the actions being taken to try and improve this.  The Director answered Members’ questions and agreed to provide further information regarding local traineeships for Social Workers and the complaints process.

 

DECISION

AGREED to approve the report of the Chief Social Work Officer as contained in Appendix A to the report.

 

MEMBER

Councillor Edgar left the meeting during consideration of the above item.

 

12.

Queens Platinum Jubilee Holiday 2022 pdf icon PDF 166 KB

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

Minutes:

There had been circulated copies of a report by the Director People, Performance and Change asking the Council to consider the best approach to allow employees to celebrate the Queen’s Platinum Jubilee in June 2022.  The report explained that the UK Government had announced that there would be a 4 day weekend from Thursday 2 June to Sunday 5 June 2022 to celebrate the Queen’s Platinum Jubilee.  They intended to move a late May bank holiday to Thursday 2 June and give an additional one off holiday on Friday 3 June.  Following the UK Government announcement the Scottish Government had confirmed the same arrangement for Scotland.  CoSLA had not issued specific guidance to Local Authorities, leaving the decision at the discretion of each Council.  The report set out 3 options for consideration and recommended option 2 which was to grant a one-off additional day’s leave on Friday 3rd June.  This was the option being used by the majority of Councils who had plans for the Jubilee and mirrored the steps taken by the Council in 2011 to celebrate the Royal Wedding of Prince William and Miss Kate Middleton.  Members agreed to support this proposal.

        

DECISION

AGREED to grant the holiday as an additional one off annual leave day on Friday 3 June 2022, as outlined in option 2 within the report. If staff were required to work on this holiday no enhancements to pay would be given and only time in lieu would be granted.

 

13.

Open Questions pdf icon PDF 112 KB

Additional documents:

Minutes:

The questions submitted by Councillors Robson, Bell, H. Scott and H. Anderson were answered. 

 

DECISION

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

 

14.

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

 

15.

Committee Minute

Consider Private Section of the Minute of the following Civic Government Licensing Committee held on 20 August 2021. 

 

(Please see separate Supplement containing private Committee Minute.)

Minutes:

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

 

 

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