MINUTES of MEETING of STIRLING COUNCIL Held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on THURSDAY 27 FEBRUARY 2014 at 7.35 Pm

MINUTES of MEETING of STIRLING COUNCIL held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on THURSDAY 27 FEBRUARY 2014 at 7.35 pm

Present: Provost Mike ROBBINS (in the Chair)

Councillor Neil BENNY Councillor Graham HOUSTON Councillor Alistair BERRILL Councillor Graham LAMBIE Councillor Johanna BOYD Councillor Alasdair MacPHERSON Councillor Margaret BRISLEY Councillor Corrie McCHORD Depute Convener Callum CAMPBELL Councillor Ian MUIRHEAD Councillor Martin EARL Councillor Steven PATERSON Councillor Scott FARMER Councillor Christine SIMPSON Councillor Danny GIBSON Councillor Jim THOMSON Councillor Alycia HAYES Councillor Violet WEIR Councillor John HENDRY

In Attendance

Jim Boyle, Chief Finance Officer, Governance & Resources Tony Cain, Head of Housing & Customer Service Stewart Carruth, Depute Chief Executive Claire Dunbar, Committee Officer, Governance & Resources Liz Duncan, Chief Governance Officer, Governance & Resources (Clerk) Lynne Gibbons, Service Manager, Chief Executive’s Office Les Goodfellow, Head of Environment Janice Hewitt, Assistant Chief Executive David Leng, Head of Education Bob Jack, Chief Executive Michael Lyon, Council Officer, Governance & Resources Deborah Murray, Service Manager, Economy, Planning & Regulation Liam Purdie, Assistant Head of Service, Social Services John Risk, Head of Assets & Support Kevin Robertson, Head of Economy, Planning & Regulation Willie Watson, Head of Governance & Resources

Apologies

Apologies for absence were submitted on behalf of Councillor Mark Ruskell, Councillor Fergus Wood and Val de Souza, Head of Social Services

The Provost welcomed a group of journalism students from the University of Stirling

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227.DOC Announcements

The following announcements were made prior to the formal commencement of proceedings:-

• Councillors had attended the launch of Destination Stirling earlier this evening.

• A civic reception would be held to mark the achievements of the Women’s and Men’s curling teams and the paralympians.

• This would be the last meeting of Council attended by Michael Lyon, Council Officer, who was leaving the Council. The Provost, on behalf of the Council, thanked Michael for over 30 years service with the Council and wished him all the best for the future.

• The Council Leader congratulated Big Noise for the success of the Big Trip, which had been a life changing experience for the children involved. It was further proof of the use of music as a transformational medium for deprived communities. She confirmed that all Members would be receiving regular updates on the project.

SC242 DECLARATIONS OF INTEREST

Councillor Benny declared a non-financial interest in item 11 (Venture Forth Ltd: Appointment of Stirling Council as Trustee of the Venture Forth Development Trust Fund) as a Council appointed Director of Venture Forth.

Councillor Lambie declared a financial interest in item 12 (SEEDCO: Transfer of Stirling Business Centre Shareholding to Stirling Council) as an employee of STEP. The Clerk advised Councillor Lambie that he would be required to leave the meeting Chamber during consideration of this item.

Councillors Hendry, McChord and Simpson and Provost Robbins declared a non- financial interest in item 12 as Council appointed Directors of SEEDCO.

Councillor Benny declared non-financial interests in item 12 as a Council appointed Director of SBC, SEEDCO and STEP.

Councillor Campbell declared a non-financial interest in item 12 as a Council appointed Alternate Director of STEP.

SC243 URGENT BUSINESS

School Crossing Patrol, Fallin

Councillor Alasdair MacPherson asked if the Council could reconsider the withdrawal of funding for the school crossing patrol at Fallin. The Provost ruled that this would not be competent as the decision had only been taken within the last week, at the Special Meeting of Council on 20 February 2014. He recommended that the community progress their concerns through the Petitions Panel.

Councillor MacPherson left the meeting Chamber at this point in the proceedings.

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227.DOC Withdrawal of the Traffic Warden Service

An exempt report by the Head of Governance & Resources on the withdrawal of the Traffic Warden Service was tabled. The Provost ruled that this be taken as urgent business due to the time imperative. Councillor Johanna Boyd moved that this matter be taken in public. It was agreed that the report would be considered at end of the meeting when members had had an opportunity to read it.

Councillor MacPherson returned to the meeting Chamber at this point in the proceedings.

SC244 MINUTES

The following Minutes were submitted for approval:-

a. Stirling Council – 12 December 2013

Decision

The Minutes of Meeting of Stirling Council held on 12 December 2013 were approved as a correct record of the proceedings, subject to Councillor Martin Earl being added to the sederunt and decision 1 of item SC232 being amended to read “to note that Clackmannanshire Council would be invited to award….”

It was agreed that the written question submitted by Councillor MacPherson to the December 2013 meeting (which due to an administrative error had not been published) and the answer thereto should be included in the minutes of this meeting (see Appendix 1)

b. Local Review Body – 16 December 2013

Decision

The Minutes of Meeting of the Local Review Body held on 16 December 2013 were approved as a correct record of the proceedings.

c. Local Review Body – 4 February 2014

Decision

The Minutes of Meeting of the Local Review Body held on 4 February 2014 were approved as a correct record of the proceedings.

SC245 WRITTEN QUESTIONS

Five written questions had been received in terms of Standing Order 36. The questions and answers are attached at Appendix 2 to these Minutes.

The Members who had put the written questions were allowed one supplementary question and the supplementary questions and answers are also included in Appendix 2.

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227.DOC

SC246 QUESTION TIME

In terms of Standing Order 43, Members had the opportunity to put questions to the Provost, the Leader of the Council, any Portfolio Holder or Committee Convener or Chair of any Panel as appropriate regarding any business included in the Volume of Minutes circulated with the agenda for the meeting.

The following questions were put:-

Councillor Jim Thomson - Minutes of Meeting of Stirling Council held on 12 December 2013 (SC216 – Licensing Forum – Appointment of Representatives)

Councillor Thomson advised that since the Council made these appointments a number of representatives had come to him expressing concern that they had not yet received formal letters of appointment. The Clerk assured Councillor Thomson that letters confirming the appointment of Licensing Forum members would be issued as a matter of priority.

Councillor Graham Lambie - Minutes of Meeting of Stirling Council held on 12 December 2013 (SC215 – Question Time)

Councillor Lambie enquired about the proposed community meetings on the Road Closure Programme, which were to include the Area Forums and utility companies. Councillor Danny Gibson advised that these meetings had not yet taken place.

Councillor Alasdair MacPherson - Minutes of Meeting of the Audit Committee held on 23 January 2014 (Appendix 1 – National Armed Forces Day 2014)

Councillor MacPherson asked whether, given the recent publicity regarding the ticket sales for Bannockburn Live, the Provost had any regrets about the event clashing with National Armed Forces Day. The Provost answered that he was encouraging everyone to get behind both events for the benefits of Stirling.

SC247 DISTRICT OF STIRLING LICENSING BOARD

Councillor John Hendry had recently resigned as a member of the Licensing Board.

The Licensing (Scotland) Act 2005 provided that “where there is a vacancy in the membership of a Licensing Board, the relevant council must, at their first meeting after the vacancy arises, hold an election to fill the vacancy”.

Council was invited to appoint an Elected Member to fill the vacancy.

Councillor Scott Farmer, seconded by Councillor Alycia Hayes, nominated Councillor Fergus Wood to fill the vacancy. There were no other nominations.

Decision

The Council agreed to appoint Councillor Fergus Wood to serve on the District of Stirling Licensing Board.

(Reference: Report by Head of Governance & Resources, dated 12 February 2014, submitted).

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227.DOC

SC248 SCOTTISH SCHOOLS EDUCATION RESEARCH CENTRE - APPOINTMENT OF REPLACEMENT MEMBER

The Scottish Schools Education Research Centre (SSERC) had advised that Councillor Berrill had been unable to attend Board meetings.

SSERC was a Local Authority share-service providing support across all thirty-two Scottish Education Authorities. The Service was available to Elected Members, Officers, Teachers, Student Teachers and Technicians. The Board of SSERC met four times per year.

Council was invited to appoint a replacement Member as Director.

Councillor Alycia Hayes, seconded by Councillor Graham Houston, nominated Councillor Graham Lambie.

Councillor Johanna Boyd, seconded by Councillor Neil Benny, nominated Councillor Margaret Brisley.

The Council agreed to vote by show of hands. Voting was as follows:-

Councillor Margaret Brisley 12 votes Councillor Graham Lambie 8 votes

Decision

The Council agreed to appoint Councillor Margaret Brisley to the Board of the Scottish Schools Education Research Centre to replace Councillor Berrill.

(Reference: Report by Head of Governance & Resources, dated 5 February 2014, submitted).

SC249 PLANNING & REGULATION PANEL – START TIME OF MEETINGS

On 28 February 2013 (SC137 refers), the Council had agreed a Programme of Committee and Panel meetings to March 2017.

The Council was invited to consider a proposal to change the start time of Planning & Regulation Panel meetings from 9.30 am to 10.30 am.

Decision

The Council agreed to change the start time of Planning & Regulation Panel meetings from 9.30 am to 10.30 am and amend the Programme of Meetings accordingly.

(Reference: Report by Head of Governance & Resources, dated 10 February 2014, submitted).

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227.DOC

SC250 CITY CENTRE & HIGH STREETS MEMBER/OFFICER WORKING GROUP

The Finance & Economy Committee at its meeting on 30 January 2014 (FE90 refers) recommended that the Council approve the establishment of a City Centre & High Streets Member/Officer Working Group to provide guidance in relation to the implementation of the City Centre Strategy actions and consider further interventions to improve the economic, environmental and social well being of the City Centre. The Group would also consider the prioritisation and alignment of resources required to deliver the key outcomes.

The Committee would receive reports from the Member/Officer Working Group and make further recommendations to the Council as appropriate.

The Council was also asked to approve the Group’s remit and the appointment of up to five Elected Members to sit on the Group.

Five nominees were put forward as undernoted:-

Councillor Neil Benny Councillor Danny Gibson Councillor John Hendry Councillor Jim Thomson Councillor Scott Farmer

Decision

The Council agreed:-

1. to the establishment of a City Centre & High Streets Member/Officer Working Group to consider, prioritise and take forward the key actions of the City Centre Strategy and Action Plan;

2. to approve the proposed remit for the City Centre & High Streets Member/Officer Working Group as set out in Appendix 1 to the submitted report; and

3. to appoint Councillors Benny, Farmer, Gibson, Hendry and Thomson as members of the City Centre & High Streets Member/Officer Working Group.

(Reference: Extract from Minutes of Meeting of the Finance & Economy Committee held on 30 January 2014 and Report by Head of Economy, Planning & Regulation dated 21 January 2014, submitted)

SC251 VENTURE FORTH LTD: APPOINTMENT OF STIRLING COUNCIL AS TRUSTEE OF THE VENTURE FORTH DEVELOPMENT TRUST FUND

Venture Forth Ltd (“the company”) had applied to the Secretary of State for Scotland for consent to appoint Stirling Council as trustee of the Venture Forth Development Trust Fund. This appointment was necessary in order to progress with the wind up of the company.

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227.DOC

Decision

The Council agreed:-

1. subject to consent being granted, to assume the role of trustee of the Venture Forth Development Trust Fund (“the Trust Fund”); and

2. as trustee, to discharge its duties in accordance with the original Discretionary Trust Deed (“the Trust Deed”).

(Reference: Report by Head of Governance & Resources, dated 30 January 2014, submitted).

Councillor Graham Lambie left the meeting Chamber at this point in the proceedings

SC252 SEEDCO: TRANSFER OF STIRLING BUSINESS CENTRE SHAREHOLDING TO STIRLING COUNCIL

In order to progress with the wind up of Stirling Enterprise & Economic Development Company Ltd (SEEDCO) (The Company), the Company was required to dispose of its 50% shareholding in Stirling Business Centre Limited.

Stirling Enterprise Park Limited (STEP), who held the other 50% shareholding in Stirling Business Centre Limited, had pre-emptive rights to acquire SEEDCO’s shareholding in Stirling Business Centre Limited. In the event that STEP did not exercise this pre-emptive right, SEEDCO would seek consent to transfer these shares to Stirling Council.

Decision

The Council agreed:-

1. to note that in the event that STEP did not exercise its pre-emptive right to acquire SEEDCO’s 50% shareholding in Stirling Business Centre Limited, Stirling Council, as shareholder of SEEDCO, would be asked to vote in favour of a variation to the Company’s Articles of Association to enable a dividend in specie of the 50% shareholding in Stirling Business Centre Limited, the transfer of these shares to Stirling Council and a wind up effected by way of a reduction in capital and an immediate preference share dividend / redemption of net cash surplus; and

2. subject to the above, and Stirling Council becoming owner of a 50% shareholding in Stirling Business Centre Limited, to take on a more pro-active role on the review of the structures of those leases that fell within the remit of Stirling Business Centre Limited, and the possibility of seeking a purchaser of this shareholding, with the consent of STEP.

(Reference: Report by Head of Governance & Resources, dated 30 January 2014, submitted).

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227.DOC Councillor Graham Lambie returned to the meeting Chamber at this point in the proceedings

SC253 ARMED FORCES DAY NATIONAL EVENT 2014 – STIRLING

The Council had been selected by the Ministry of Defence to host the Armed Forces Day National Event in Stirling on 28 June 2014.

A report submitted by the Chief Executive provided the Council with a further update on the planning, co-ordination and resourcing of the Armed Forces Day National Event 2014, and sought approval for the proposed governance arrangements for this event.

The report also provided an update on the preparation and costs of the Major Events Ground where the Event would be held.

The following points were raised during consideration of this matter:-

• The position regarding sponsorship for the event would be clearer by the next meeting of Council on 1 May 2014

• The Scottish Government was considering making a contribution

• Land drainage at the Major Events Ground was now complete and had cost £60,000

• Contingencies would be made at the Major Events Ground for inclement weather

• The cost of policing the Event would be discussed at the Armed Forces Day National Event 2014: Stirling – Steering Group

• Disabled access provision had been made for both this and Bannockburn Live

• There would be dedicated parking for 10,000 cars at the Event and 3,500 at Bannockburn Live, plus on-street and city centre parking.

The Head of Economy, Planning & Regulation agreed to provide Councillor Alycia Hayes with the names and designations of the people involved in the various groups and sub-groups associated with the Event.

Councillor Scott Farmer asked what role Councillor Fergus Wood, the Council’s Veterans Champion, would have in planning the Event. The Provost agreed to discuss this matter further with Councillor Wood.

Motion

“That the Council agrees to:-

1. note progress on the development of the Armed Forces Day National Event in Stirling on 28 June 2014;

2. note the latest cost projections associated with staging the Armed Forces Day National Event 2014;

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227.DOC

3. approve the governance arrangements, comprising the Armed Forces Day National Event 2014: Stirling – Steering Group; and

4. note progress with the preparation of the Major Events Ground and the capital costs of the permanent works.”

Moved by Councillor Johanna Boyd, seconded by Councillor Neil Benny

Amendment

“That the Council approves the Motion with the addition of the appointment of Councillor Fergus Wood, in his role as Veterans Champion, as a member of the Armed Forces Day National Event 2014 – Stirling: Steering Group.”

Moved by Councillor Steven Paterson, seconded by Councillor Scott Farmer

Direct Negative

Councillor Alasdair MacPherson, seconded by Councillor Jim Thomson, moved the Direct Negative

On the roll being called the Members present voted as follows:-

For the Amendment (6)

Councillor Scott Farmer Councillor Alycia Hayes Councillor Graham Houston Councillor Graham Lambie Councillor Ian Muirhead Councillor Steven Paterson

Against the Amendment (12)

Councillor Neil Benny Councillor Alistair Berrill Councillor Johanna Boyd Councillor Margaret Brisley Depute Convener Callum Campbell Councillor Martin Earl Councillor Danny Gibson Councillor John Hendry Councillor Corrie McChord Provost Mike Robbins Councillor Christine Simpson Councillor Violet Weir

Not Voting (2)

Councillor Alasdair MacPherson Councillor Jim Thomson

The Amendment fell by 12 votes to 6 with 2 Members not voting

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227.DOC For the Motion (12)

Against the Motion (5)

Councillor Scott Farmer Councillor Alasdair MacPherson Councillor Ian Muirhead Councillor Steven Paterson Councillor Jim Thomson

Not Voting (3)

Councillor Alycia Hayes Councillor Graham Houston Councillor Graham Lambie

Decision

The Motion was carried by 12 votes to 5 with 3 Members not voting and accordingly the Council agreed:-

1. to note progress on the development of the Armed Forces Day National Event in Stirling on 28 June 2014;

2. to note the latest cost projections associated with staging the Armed Forces Day National Event 2014;

3. to approve the governance arrangements, comprising the Armed Forces Day National Event 2014: Stirling – Steering Group; and

4. to note progress with the preparation of the Major Events Ground and the capital costs of the permanent works.

(Reference: Report by Chief Executive, dated 20 February 2014, submitted).

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227.DOC

SC254 MOTIONS IN TERMS OF STANDING ORDER 16

Prior to the Meeting, Elected Members had received supplementary information from Officers on the subject of these Motions. The supplementary information is attached as Appendix 3 to these Minutes.

a. T in the Park

Motion

“Council notes the existence of an oil pipeline through the site at Balado which is currently the home of T in the Park, and the view expressed by the Health and Safety Executive that the current site is not suitable as home for the event beyond this year.

Council considers that Stirling would be ideally placed to be home to the iconic music festival in future, with its central location and excellent public transport links making it an obvious alternative for T in the Park. Work is already underway in Stirling to create an events ground capable of hosting major events, with the unique and spectacular backdrop of Stirling Castle; combined with nearby grounds, the potential exists for an event of this magnitude to be accommodated successfully.

Relocating T in the Park to Stirling would enhance the event’s already superb reputation, and ensure it continues as an outstanding event in future. The benefit to Stirling’s local economy of hosting this annual event would be immense.

Council therefore requests officers to evaluate how Stirling could accommodate an event of the scale of T in the Park in future, and begin a dialogue with the organisers of the festival to scope out the possibilities of Stirling being the future home of this event.”

Moved by Councillor Steven Paterson, seconded by Councillor Jim Thomson

Amendment

“Council notes the existence of an oil pipeline through the site at Balado which is currently the home of T in the Park, and the view expressed by the Health and Safety Executive that the current site may not be suitable as home for the event beyond this year.

Council considers that the Stirling area would be ideally placed to be home to the iconic music festival in future, with its central location and excellent public transport links making it an obvious alternative for T in the Park.

Council also notes the significant campaign in Social Media that shows how fans would like it to come here.

While the new heritage park area would be ideal for concerts and shows, the proximity to the city centre make it unsuitable for a three day residential concert of this scale. The disruption to local residents neighbouring the site would be significant.

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227.DOC Relocating T in the Park to the Stirling area would enhance the event’s already superb reputation, and ensure it continues as an outstanding event in future. The benefit to Stirling’s local economy of hosting this annual event would be immense.

Council mandates the Finance & Economy Convener to write to organisers and express our willingness to open a dialogue should a relocation be required. ”

Moved by Councillor Neil Benny, seconded by Councillor Johanna Boyd

The Council approved the terms of the Amendment without the need for a roll call vote.

Decision

Council noted the existence of an oil pipeline through the site at Balado which was currently the home of T in the Park, and the view expressed by the Health and Safety Executive that the current site might not be suitable as home for the event beyond this year.

Council considered that the Stirling area would be ideally placed to be home to the iconic music festival in future, with its central location and excellent public transport links making it an obvious alternative for T in the Park.

Council also noted the significant campaign in Social Media that showed how fans would like it to come here.

While the new heritage park area would be ideal for concerts and shows, the proximity to the city centre made it unsuitable for a three day residential concert of this scale. The disruption to local residents neighbouring the site would be significant.

Relocating T in the Park to the Stirling area would enhance the event’s already superb reputation, and ensure it continued as an outstanding event in future. The benefit to Stirling’s local economy of hosting this annual event would be immense.

Council mandated the Finance & Economy Convener to write to organisers and express our willingness to open a dialogue should a relocation be required.

b. Bikeability Training in Schools

It was noted that Councillor Mark Ruskell, the proposer of this Motion, had asked that it be withdrawn as he was not able to be present at the meeting.

c. UNISON's Ethical Care Charter

Motion withdrawn

It was noted that Councillor Mark Ruskell, the proposer of this Motion, had asked that it be withdrawn as he was not able to be present at the meeting.

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227.DOC The Council adjourned at 8.55pm to allow Members time to consider the tabled urgent item on the Withdrawal of the Traffic Warden Service

The Council reconvened at 9.05pm with the same Members present

SC255 WITHDRAWAL OF THE TRAFFIC WARDEN SERVICE

In response to questions by Councillors Alycia Hayes and Alasdair MacPherson, the Clerk to the Council confirmed that officers could recommend that a matter be taken in private but the decision was ultimately for Council.

It was agreed that this item be taken in public.

Councillor Graham Houston declared a non financial interest as a member of the Scottish Police Authority Board and left the meeting Chamber during consideration of this item.

A report by the Head of Governance & Resources advised that the decision by the Chief Constable of Scotland not to enforce certain parking offences following the withdrawal of the traffic warden service on 28 February 2014 was believed to be unlawful.

The Chief Constable had been formally requested to extend the provision of the traffic warden service beyond 28 February 2014 and it was hoped that an undertaking would be received tomorrow to extend the provision for a further month, with a view to allowing discussions to take place regarding the position in the longer term.

The report sought approval of the actions taken by officers to date and authority to proceed with such legal action as may be required to protect the Council’s interests.

The matter had been discussed at CoSLA and to date three other local authorities had agreed to join Stirling Council in taking legal action.

It was stressed that legal action would only be taken if a voluntary position could not be reached.

During consideration of this matter Members discussed the timescale for legal action and the costs to the Council of both taking legal action and funding a replacement traffic warden service.

Motion

“That the Council agrees:-

1. to approve the institution of legal proceedings against the Chief Constable of Scotland as detailed in paragraph 3.5 of the submitted report, if required, and

2. to delegate to the Chief Executive the conduct of such legal proceedings.”

Moved by Councillor Johanna Boyd, seconded by Councillor Martin Earl

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227.DOC Amendment

“That the Council agrees to continue negotiations with Police Scotland for the continuation of Warden cover and to expedite the smooth transition to decriminalisation under the auspices of Stirling Council.”

Moved by Councillor Scott Farmer, seconded by Councillor Alycia Hayes

The Provost reminded Members that Standing Orders required that Council take a comfort break after two hours of sitting. It was agreed to suspend Standing Orders to allow the meeting to continue.

Councillor MacPherson left the meeting Chamber at this point in the proceedings

Procedural Motion

“That the question is now put to the vote.”

Moved by Councillor Steven Paterson, seconded by Councillor Scott Farmer

On the roll being called the Members present voted as follows:-

For the Procedural Motion (9)

Councillor Neil Benny Councillor Alistair Berrill Depute Convener Callum Campbell Councillor Scott Farmer Councillor Alycia Hayes Councillor Graham Lambie Councillor Ian Muirhead Councillor Steven Paterson Councillor Jim Thomson

Against the Procedural Motion (9)

Councillor Johanna Boyd Councillor Margaret Brisley Councillor Martin Earl Councillor Danny Gibson Councillor John Hendry Councillor Corrie McChord Provost Mike Robbins Councillor Christine Simpson Councillor Violet Weir

There being an equality of votes, the Provost used his casting vote against the Procedural Motion

The Procedural Motion fell by 10 votes to 9

The debate continued. The issues discussed included Counsel’s opinion and decriminalisation.

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227.DOC

On the roll being called the Members present voted as follows:-

For the Amendment (6)

Councillor Scott Farmer Councillor Alycia Hayes Councillor Graham Lambie Councillor Ian Muirhead Councillor Steven Paterson Councillor Jim Thomson

Against the Amendment (12)

The Amendment fell by 12 votes to 6

For the Motion (12)

Against the Motion (6)

Councillor Scott Farmer Councillor Alycia Hayes Councillor Graham Lambie Councillor Ian Muirhead Councillor Steven Paterson Councillor Jim Thomson

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227.DOC Decision

The Motion was carried by 12 votes to 6 and accordingly the Council agreed:-

1. to approve the institution of legal proceedings against the Chief Constable of Scotland as detailed in paragraph 3.5 of the submitted report, if required, and

2. to delegate to the Chief Executive the conduct of such legal proceedings.

(Reference: Report by Head of Governance & Resources dated 27 February 2014)

The Provost closed the meeting at 10.00 pm

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227.DOC APPENDIX 1

QUESTION FROM COUNCILLOR ALASDAIR MACPHERSON FOR ANSWER BY THE LEADER OF THE COUNCIL

Question

I know of several vulnerable constituents who will be spending this Christmas living in poverty with the fear of eviction, as a direct consequence of changes to the benefits system which have been introduced by the Conservative Party.

The introduction of the Bedroom Tax and other draconian changes to the benefits system have been cynically targeted at the disabled and the poor like poverty seeking missiles.

The upset that these policies have caused to disabled households is deeply upsetting to witness and is morally indefensible.

Question:

Will the Leader of the Council and the Labour Group join me and the SNP group in condemning the Conservative Party for the introduction of these policies which are creating enormous anxiety for vulnerable people?

Answer

Yes

N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20140227App1.doc p1

N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20140227App1.doc p2 APPENDIX 2

QUESTION 1

QUESTION FROM COUNCILLOR ALASDAIR MACPHERSON FOR ANSWER BY CONVENER FOR FINANCE AND ECONOMY COMMITTEE AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 27 FEBRUARY 2014.

Question

Officers confirmed to Council last week that the total cost of building a new school for St. Margaret’s RC Primary School is £4.6m. The budget for the new school is included in the capital Programme under the heading Investing in our Regeneration and is spread over 4 years concluding in 2017-2018.

Officers also confirmed that the cost to build a new nursery will be £1m, the budget for which is also included in the Capital Programme under the heading Investing in Early Years and again is spread over 4 years concluding in 2017-2018.

In Appendix 1 of the administration’s General Services Capital Budget Programme 2014/15 to 2018/19, under the heading Available Capital there is a budget line titled Receipts Associated with Cowie Regeneration (See Note 2).

There is a capital receipt for £290,000 for this budget line which is due to be realised in 2016-17. Note 2 states that this receipt relates to the sale of the village community centre, library and local office. This has been confirmed by officers.

Question

Can you confirm that the new school and nursery will be completed by summer 2016 and can you also confirm that the new facilities will provide suitable space to accommodate the community groups and members of the public who currently use the community centre, library and the local office?

Answer

Yes.

Supplementary Question

Will the new library, credit union office and community facility all be included within the new build and, if so, where?

Answer

These facilities will be included in the new build. The overall design of the buildings will be submitted for the consideration of the Education Committee.

QUESTION 2

QUESTION FROM COUNCILLOR STEVEN PATERSON FOR ANSWER BY LEADER OF THE COUNCIL AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 27 FEBRUARY 2014.

Question

What was the Council Leader’s position on reforming the formula used by the Convention of Scottish Local Authorities (CoSLA) to allocate Scottish Government funding to local authorities when this was discussed last year, and how did she vote on this matter at CoSLA?

Answer

No such decision was taken to 'reform the formula used by COSLA at the Leaders' meeting on 27 September 2013. A motion was passed to roll forward the 14/15 settlement to 15/16 at an individual Council level.

Stirling Council's grant planning assumption was to have no distributional gains or losses into 15/16 and therefore the Leaders' decision made no material difference to that assumption and that was the advice given at the time.

This is the first opportunity that all Councils have had to see the impact of the updating of the indicators – but still only at a summary level.

The detailed datasets that underlie the summary grant figures for each Council have not been published at this stage, making further analysis of the assumptions difficult, if not impossible, without making some very broad and possibly unfounded assumptions.

Although the Scottish Government has committed to share this data in the usual “open book” manner, the detail is unlikely to be available before the Leaders’ meeting tomorrow, on 28 February 2014.

COSLA and individual Councils have, therefore, not had the opportunity to do any due diligence on the figures, so the level of confidence in the robustness of the grant numbers cannot be established at this stage.

The magnitude of grant change caused by the distribution indicator updates is unprecedented and seems to be very wide. The reasons for this are not readily apparent without the underlying data being made available.

Supplementary Question

15 Labour Councillors voted down a change to the funding formula that would have given Stirling Council an additional £1.987M of revenue funding each year. I understand there are moves to revisit that decision. Will you vote the other way?

Answer

I will vote in the interests of Stirling as I always do.

QUESTION 3

QUESTION FROM COUNCILLOR JIM THOMSON FOR ANSWER BY THE CONVENER OF COMMUNITY, PLANNING & REGENERATION AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 27 FEBRUARY 2014.

Question

What is the breakdown of members and users of the Peak by postcode?

Answer

The breakdown is in two parts

a. Memberships at The Peak which is: (see attached detailed breakdown)

Stirling Post Codes - 2013

Clackmannanshire Post Codes - 647

Falkirk Post Codes - 248

Perth & Kinross Post Codes - 14

Other Areas - 54

b. Active Stirling service users from the Peak (these are individual users and not user visits i.e one user can visit 3 times per week)

Stirling Post Codes - 9,939

Clackmannanshire Post Codes - 2,772

Falkirk Post Codes - 1,270

Perth & Kinross Post Codes - 177

Others postcodes - 126

Additional 'pay as you go users' who do not use an Active Stirling card are not captured by postcode data and therefore not reflected in these figures.

Detail breakdowns are attached.

Membership Breakdown for The Peak

Stirling Clackmannanshire Falkirk Perth & Kinross Other Balfron - G63 1 Alloa - FK10 351 Bo'ness - EH51 1 Auchterarder - PH3/PH4 9 Dumfries 1 Bannockburn - FK7 17 Alva - FK12 62 Bonnybridge - FK4 19 Crief - PH5/PH6 3 Edinburgh 5 Blairdrummond - FK9 1 Clackmannan - FK10 15 Denny - FK6 96 Perthshire - PH1/PH2 2 England 7 Bridge of Allan - FK9 9 Coulsnaughton - FK13 1 Dunnipace - FK6 4 Fife 6 Broomridge 1 Dollar - FK14 44 Falkirk - FK1/FK2 53 Glasgow 32 Callander - FK17/FK18 14 Menstrie - FK11 70 Larbert - FK5 75 Inverness 1 Cambusbarron - FK7 1 Sauchie - FK10 1 Wales 1 Causewayhead - FK9 1 Tillicoultry - FK13 91 West Lothian 1 Cornton - FK9 1 Tullibody - FK10 12 Cowie - FK7 5 Doune - FK16 24 Dunblane - FK15 145 Gargunnock - FK8 1 Kippen - FK8 5 Plean - FK7 2 Riverside - FK8 2 St Ninians - FK7 4 Stirling - FK7/FK8/FK9 1,779 TOTAL 2,013 647 248 14 54 % of Total 67.6% 21.7% 8.3% 0.5% 1.8% Total Membership 2,976

Supplementary Question

During future negotiations over Active Stirling’s contract, I hope you take into account that very few deprived areas currently make use of the Peak.

Answer

These figures are very interesting and it’s good to see the spread of communities outwith the City of Stirling that are making use of the Peak. I do however accept the point you are making and hope we can use the time until 2015 to align the contract with Active Stirling with the Council’s priorities.

QUESTION 4

QUESTION FROM COUNCILLOR SCOTT FARMER FOR ANSWER BY THE CONVENER FOR FINANCE & ECONOMY AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 27 FEBRUARY 2014.

Question

Does the Convenor of the Finance and Economy Committee endorse the decision of the CoSLA Leaders Group to reject changing the formula used for allocating Scottish Government funding to local authorities which, if implemented, would have meant that Stirling Council would have been allocated an additional £1.987 million every year from 2015 -16?

Answer

The leaders took the decision at the time with the information they had and it would not be appropriate to second guess that decision in retrospect. The information at the time indicated that a flat settlement would have been neutral for Stirling and I was comfortable with that decision.

More important is to consider what we do in light of the top level information that we have received from the Scottish Government.

Population and School census data make up 60% of the allocation formula and the ratios that underpin Stirling's share have not changed. The other indicators may have changed, but it is not clear at the moment how these changes could have created such a significant change in the allocation.

Until the Scottish Government shares how they worked this out it is difficult to comment on the grant allocations. They do look attractive, but I am wary about accepting them at face value, without understanding how the calculations have been reached.

Supplementary Question

Was the CoSLA Leaders’ Group decision built into the PBB budget assumptions?

Answer

The PBB assumptions were based on a flat rate.

QUESTION 5

QUESTION FROM COUNCILLOR ALYCIA HAYES FOR ANSWER BY THE CONVENER OF THE ENVIRONMENT & HOUSING AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 27 FEBRUARY 2014.

Question

In last week’s budget, the Tory-Labour Administration cut funding to bridge maintenance. Should the Dochart Bridge, for example, be damaged with there now being no budget provided for repairs, what message will the Convenor of the Environment and Housing Committee offer my constituents to justify the ill-considered removal of this budget and the disruption they will face in this instance?

Answer

It is simply not the case that there is no budget provided for repairs.

The revenue budget for bridge maintenance amounts to £185k, for 2014/15. This funding will be used to carry out routine repairs to the Council’s bridges and other roads-related structures. This routine repair work is not always programmed, as damage often occurs in a random manner. The £185k will be used to deal with these random events and to repair other more minor deterioration of bridges: For example, the repointing of parapet stone work. The Council also allocates capital funding for more major improvement works to bridges.

The Bridge Engineers will prioritise repairs, based on the available resources, against the damage / repairs needing carried out throughout the year.

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227APP2.DOC

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227APP2.DOC APPENDIX 3

MEETING of the STIRLING COUNCIL to be held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on THURSDAY 27 FEBRUARY 2014

Budget Proposals and Amendments in terms of Standing Orders 16A & B

Information/Advice from Officers

1. T in the Park

The ‘T in the Park’ annual music festival is currently held over 3 days in early July at the disused Balado airfield near Kinross. The festival attracts up to 85,000 people each day, along with 70,000 campers, and the festival site comprises a number of performing stages / marquees and other leisure attractions and food and drink outlets. There is a substantial policing presence at this event.

Should Stirling Council wish to consider hosting ‘T in the Park’ in future years, a comprehensive and detailed feasibility study would need to be undertaken to determine site requirements for staging event, parking and camping; servicing of the site, traffic management and site access, policing and security, and impact on neighbouring communities including noise disturbance. Staging of an event of this magnitude will require a significant land area and a number of ownership interests.

The Council would require to engage assistance in undertaking the study.

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227APP3.DOC 2. Bikeability Training in Schools

Bikeability cycle training gives children the opportunity to develop on-road cycle skills in a staged progression. Bikeability 1 focuses on playground cycling activities that build up children’s confidence. Bikeability 2 and Bikeability 3 comprise of appropriate on-road training for upper primary school age.

Stirling Council successfully obtained funding from Cycling Scotland to deliver Bikeability cycle training for Stirling schools during academic sessions 2012-2013 and 2013-2014.

The 2012/2013 funding allowed the Education Service to run two staff training courses. One course covered all elements of Bikeability training and twelve teachers were successful in obtaining awards. The funding allowed the Education Service to provide supply cover for these teachers. In addition, a Cycle Trainer Assistant training course was also provided using the funding.

In 2013/2014, the Education Service will provide another two courses with the funding provided. Thirteen teachers have booked on a five-day course which will allow them to deliver all aspects of Bikeablity training and to train other staff members. In addition to this a Bikeability course for interested volunteers/ has been arranged; to date four have booked on this course.

Complementing this, two mentors have been identified to support teachers, parents and volunteers in the delivery of Bikeability 2 using the Cycling Scotland funding. Ten bikes have been purchased to ensure that all children can participate.

The Education Service is working with other agencies to support the delivery of Bikeability in schools. Recycke a Bike, based at Riverside, has been successful in obtaining funding for an outreach officer and part of their role is to deliver training to primary schools. They are going to be working with Riverside, Allan’s and Fallin primaries.

Before obtaining the Cycling Scotland funding, only two schools were delivering Bikeability. In light of the funding and training, over twenty schools having someone trained to deliver Bikeability.

In order to extend Bikeability training across other schools, additional funding would be required. Some schools, due to their physical location, my find it challenging to deliver the programme.

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227APP3.DOC 3. UNISON's Ethical Care Charter

There are significant financial, strategic and practical considerations raised by the detailed proposals for action contained in the Charter. Although we may agree in principle to many of the charters principles our ability to adhere to the details within it are limited.

• The implementation of Social Care (Self-directed Support) Scotland Act is a key driver for the commissioning services. The legislation introduces new duties to offer four options to the person who requires support. The options are intended to support flexibility and creativity in relation to meeting the social welfare and wellbeing duties relating to adults and children. This will enable individuals to determine the nature and type of support that they receive and will change the role of the Local Authority as commissioner. There is a requirement to consider the steps identified in the Charter in the context of supporting individuals to have as much choice as they would like about how they access and receive the support they need.

• The move from task and time towards outcomes focused commissioning requires cultural, practice and system changes across care assessment, care provision and processes and procedures. There is a clear commitment to extending and embedding outcomes based approaches, which is reflected in the Priority Based Budget options. However, the Service acknowledges the extent of changes required to support this and is still at fairly early stage in the transformation towards outcomes based commissioning.

• The concern identified by Unison with respect to 15 minute visits is noted. There are circumstances, such as a medication prompt, where a 15 minute visit may be appropriate and we do commission 15 minute visits where this is assessed as in line with the individual's needs. It is therefore based on clients not time.

• It should also be noted that the Scottish Government sought advice from the European Commission on the possibility of requiring contractors, as part of the procurement process, to pay staff the living wage. The statement received from the Commission is that any requirement placed on contractors to pay their employees a wage set above the UK's National Minimum Wage is not likely to be compatible with EU legislation and requirements. In practice, this means that public bodies cannot directly address the payment of the living wage as part of a contract award.

It is also noted that the application of the living wage, were it to be possible, also carries a significant financial impact. For example, to achieve this in the recent care at Home tender would have incurred an additional cost of a quarter of a million pounds to the Council.

I note the Charter is not cited as being specific to Scotland and the final address is in London. Legislation for social care in England and Scotland is quite different. I am unsure how in its entirety this applies to Scottish law.

As we review all commissioned services we may wish to establish a charter similar to this for either social services or the council. As we cannot fulfil all requirements of the UNISON charter as outlined above, we should be reticent at this time.

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140227APP3.DOC