MINUTES of the STATUTORY MEETING of STIRLING COUNCIL Held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on THURSDAY 17 MAY 2012 at 6.30Pm

MINUTES of the STATUTORY MEETING of STIRLING COUNCIL held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on THURSDAY 17 MAY 2012 at 6.30pm

Present: Councillor Neil BENNY Councillor Alasdair MacPHERSON Councillor Alistair BERRILL Councillor Corrie McCHORD Councillor Margaret BRISLEY Councillor Ian MUIRHEAD Councillor Callum CAMPBELL Councillor Steven PATERSON Councillor Martin EARL Councillor Mike ROBBINS Councillor Scott FARMER Councillor Mark RUSKELL Councillor Danny GIBSON Councillor Christine SIMPSON Councillor Alycia HAYES Councillor Jim THOMSON Councillor John HENDRY Councillor Violet WEIR Councillor Graham HOUSTON Councillor Fergus WOOD Councillor Graham LAMBIE

In Attendance:

Jim Boyle, Chief Finance Officer, Governance & Resources Tony Cain, Head of Housing & Customer Service Deirdre Cilliers, Head of Social Services Claire Dunbar, Committee Officer, Governance & Resources Liz Duncan, Chief Governance Officer, Governance & Resources (Clerk) Fiona Fulton, Communications Officer, Chief Executive’s Office Les Goodfellow, Head of Environment Belinda Greer, Head of Education Bob Jack, Chief Executive Kevin Kelman, Assistant Head of Education (Inclusion) Linda Kinney, Assistant Chief Executive (Learning, Empowerment & Citizenship) Rebecca Maxwell, Assistant Chief Executive (Sustainability, Economy & Environment) Alan Milliken, Assistant Head of Education (Performance) John Risk, Head of Assets & Support Willie Watson, Head of Governance & Resources

The Local Government etc. (Scotland) Act 1994 required that the election of a Convener should be the first business transacted at the first meeting of a Council following an ordinary election of Councillors and that until the election of a Convener, the Returning Officer should preside. Accordingly, Bob Jack, Returning Officer for the Stirling Council area, chaired the meeting until the election of a Convener.

The Returning Officer welcomed everyone to the meeting. He tabled the results for the Stirling Council elections on 3 May 2012 (attached as Appendix 1 to this minute), and congratulated the Councillors on their election to the Council.

It was noted that 9 Scottish National Party, 8 Scottish Labour Party, 4 Scottish Conservative & Unionist and 1 Scottish Green Party Councillors had been elected and therefore no political group had an overall majority on the Council.

Councillor Houston and Councillor McChord thanked the Returning Officer and his staff for the professional way in which the election had been conducted.

SC1 ELECTION OF CONVENER, DEPUTE CONVENER AND BAILIES

The Local Government etc (Scotland) Act 1994 required Councils to elect a Convener under the first item of business at its first meeting held after a ordinary election of Councillors.

The Council could decide the title by which the Convener would be known and the term of office to be served.

Title of Convener

The Council unanimously agreed that the Convener of the Council would continue to be known as Provost.

Term of Office

The Council then agreed that the term of office of the Provost would be the term of the Council.

Election of Provost

At the suggestion of Councillor Houston, the Council agreed that each nominee for the position of Provost be asked to make a short speech of no more than 2 minutes duration on their vision for Stirling.

Councillor McChord paid tribute to the good work carried out by Councillor Fergus Wood as the most recent Provost of Stirling Council.

Councillor Graham Houston, seconded by Councillor Scott Farmer, nominated Councillor Fergus Wood for the position of Provost of Stirling Council.

Councillor Corrie McChord, seconded by Councillor Alistair Berrill, nominated Councillor Mike Robbins for the position of Provost of Stirling Council.

Councillors Robbins and Wood each outlined their visions for Stirling and the Council then moved to the vote.

Voting was as follows:

Mike Robbins 11 votes Fergus Wood 9 votes There was 1 abstention

Decision

The Council appointed Councillor Mike Robbins as Provost of Stirling Council.

The Council agreed to a short adjournment at this point in the proceedings to allow Councillor Robbins to accept the chain of office of Provost of Stirling Council. The other Members and officers remained seated in the Chambers.

On his return to the Chambers, the Returning Officer invited Provost Robbins to take the Chair.

Upon taking the Chair, Provost Robbins thanked Members for the privilege of being appointed to the office of Provost and undertook to promote respect between Members, Officers and members of the public in the Chambers.

Councillor Houston, on behalf of the SNP Group, wished Provost Robbins well in his new role.

The Council also had the option to appoint a Depute Convener to preside at Council when the Convener was unable to do so. The role of the Depute Convener could also be extended to include deputising for the Convener in a civic capacity.

Depute Convener

The Council agreed to elect a Depute Convener to preside at Council in the absence of the Provost.

Term of Office

It was further agreed that the term of office of the Depute Convener would be the term of the Council.

Election of Depute Convener

Councillor John Hendry, seconded by Councillor Neil Benny, nominated Councillor Callum Campbell for the position of Depute Convener of Stirling Council.

There were no other nominations.

Decision

The Council appointed Councillor Callum Campbell as Depute Convener of Stirling Council.

In 2008, the Council had adopted the introduction of four Bailies whose responsibilities would solely relate to deputising for the Provost as civic head. Each political group of the Council had nominated a Bailie to clearly reflect the non-political nature of the civic role.

Appointment of Bailies

The Council agreed to continue the practice of appointing Bailies to deputise for the Provost as civic head. Councillor Alistair Berrill, seconded by Councillor Martin Earl, nominated Councillor Neil Benny for the position of Bailie.

Councillor Graham Houston, seconded by Councillor Scott Farmer, nominated Councillor Fergus Wood for the position of Bailie.

Councillor Corrie McChord, seconded by Councillor Fergus Wood, nominated Councillor Mark Ruskell for the position of Bailie.

Councillor John Hendry, seconded by Councillor Danny Gibson, nominated Councillor Violet Weir for the position of Bailie.

Decision

The Council agreed to appoint the following Members as Bailies:-

Councillor Neil Benny Councillor Mark Ruskell Councillor Violet Weir Councillor Fergus Wood

(Reference: Report by Head of Governance & Resources, dated 10 May 2012, submitted)

SC2 APOLOGIES

An apology for absence was submitted on behalf of Councillor Johanna Boyd.

SC3 DECLARATIONS OF INTEREST

There were no declarations of interest.

SC4 URGENT BUSINESS

There were no items of urgent business.

Councillor MacPherson raised issues around Cowie bus services and the Waitrose development. It was suggested that the Chief Executive respond to these outwith the meeting

SC5 ADOPTION OF STANDING ORDERS, SCHEME OF DELEGATION, SCHEME OF SUB DELEGATION, SCHEME OF DELEGATION IN RESPECT OF JOINTLY MANAGED SERVICES, FINANCIAL REGULATIONS AND CONTRACT STANDING ORDERS

A report by the Head of Governance & Resources proposed that the Council adopt the following documents:-

Standing Orders Scheme of Delegation Scheme of Delegation in respect of Jointly Managed Services Financial Regulations Contract Standing Orders

The Council was also asked to note the Chief Executive’s Scheme of Sub- Delegation.

The documents were, in the main, those used by the Council prior to the elections. Where changes were proposed these were shown tracked.

Motion

“That the Council agrees:- 1. to adopt, with immediate effect, Standing Orders 1 to 35 inclusive, 36 to 75 inclusive, 90, 109, 115 to 119 inclusive and 121 to123 inclusive as set out at Appendix 1 of the submitted report;

2. to continue consideration of the remaining provisions of Standing Orders to a later point in this meeting or any adjournment thereof;

3. to approve the Scheme of Delegation set out at Appendix 2 of the submitted report, noting that delegations to Executive, Scrutiny Committees and Panels will require to be amended to give effect to decisions taken at a later point in this meeting or any adjournment thereof;

4. to note the Chief Executive’s Scheme of Sub-Delegation set out at Appendix 3 of the submitted report;

5. to approve the Scheme of Delegation in respect of jointly managed services set out at Appendix 4 of the submitted report;

6. to approve the Financial Regulations set out at Appendix 5 of the submitted report, noting that references to Executive, Committees and Panels may require to be amended to give effect to decisions taken at a later point in this meeting or any adjournment thereof;

7. to approve the Contract Standing Orders set out at Appendix 6 of the submitted report, noting that references to Executive, Committees and Panels may require to be amended to give effect to decisions taken at a later point in this meeting or any adjournment thereof; and

8. to remit it to the Chief Governance Officer to make any alterations to the Standing Orders, Scheme of Delegation, Financial Regulations and Contract Standing Orders required as a consequence of changes to the Council’s decision making system or programme of meetings made at a later point in this meeting or any adjournment thereof.”

Moved by Councillor Corrie McChord, seconded by Councillor Alistair Berrill

Councillor McChord also indicated his intention to request that the meeting adjourned after agenda item 6 (Appointment of Leader / Depute Leader) to allow further consideration of the Council’s decision making structure.

There was a short adjournment at this point in the proceedings to allow Members to consider the terms of the Motion.

The meeting re-convened at 7.05opm with the same Members present.

Following a request by Councillor Houston, Councillor McChord agreed that a Members’ Briefing on the decision making structure be held on Wednesday 23 May 2012 and that, if necessary, the political groups would also have further discussions after the briefing.

Decision

The Council agreed:- 1. to adopt, with immediate effect, Standing Orders 1 to 35 inclusive, 36 to 75 inclusive, 90, 109, 115 to 119 inclusive and 121 to 123 inclusive as set out at Appendix 1 of the submitted report;

2. to continue consideration of the remaining provisions of Standing Orders to a later point in this meeting or any adjournment thereof;

3. to approve the Scheme of Delegation set out at Appendix 2 of the submitted report, noting that delegations to Executive, Scrutiny Committees and Panels would require to be amended to give effect to decisions taken at a later point in this meeting or any adjournment thereof;

4. to note the Chief Executive’s Scheme of Sub-Delegation set out at Appendix 3 of the submitted report;

5. to approve the Scheme of Delegation in respect of jointly managed services set out at Appendix 4 of the submitted report;

9. that the Statutory meeting be adjourned after agenda item 6 to allow further consideration of the Council’s decision making structure and that a Members’ Briefing be held on Wednesday 23 May 2012 to that effect. If necessary, the political groups would also have further discussions after the briefing.

(Reference: Report by Head of Governance & Resources, dated 4 April 2012, submitted)

SC6 APPOINTMENT OF LEADER /DEPUTE LEADER

In a local government election year, the Council elected a Leader and Depute Leader of the Council at its statutory meeting.

Councillors were invited to make nominations for the appointment of the Leader and Depute Leader of Stirling Council.

Leader

Councillor John Hendry, seconded by Councillor Neil Benny, nominated Councillor Corrie McChord for the position of Leader of Stirling Council.

Councillor Scott Farmer, seconded by Councillor Jim Thomson, nominated Councillor Graham Houston for the position of Leader of Stirling Council.

Voting was as follows:

Graham Houston 9 votes Corrie McChord 11 votes There was 1 abstention

Decision

The Council agreed to appoint Councillor Corrie McChord as Leader of Stirling Council.

Depute Leader

Councillor Neil Benny, seconded by Councillor John Hendry, nominated Councillor Alistair Berrill for the position of Depute Leader of Stirling Council.

There were no other nominations.

Decision

The Council agreed to appoint Councillor Alistair Berrill as Depute Leader of Stirling Council.

(Reference: Report by Head of Governance & Resources, dated 9 May 2012, submitted)

At this point in the proceedings the Council agreed to adjourn the Statutory meeting and re-convene on Thursday 24 May 2012 at 6.30pm.

The Provost closed the meeting at 7.15 pm

APPENDIX 1

STIRLING COUNCIL ELECTIONS – THURSDAY 3 MAY 2012

RETURNING OFFICER’S REPORT TO COUNCIL

WARD CANDIDATES ELECTED PARTY

1 – Trossachs and Teith Martin Earl Scottish Conservative and Unionist

Alycia Hayes Scottish National Party (SNP)

(Turnout – 50.13%) Fergus Wood Scottish National Party (SNP)

2 – Forth and Endrick Alistair Berrill Scottish Conservative and Unionist

Graham Lambie Scottish National Party (SNP)

(Turnout - 48.79%) Ian Muirhead Scottish National Party (SNP)

3 – Dunblane and Callum Campbell Scottish Conservative and Unionist Bridge of Allan Graham Houston Scottish National Party (SNP)

Mike Robbins Scottish Labour Party

(Turnout – 44.87%) Mark Ruskell Scottish Green Party

4 – Castle Johanna Boyd Scottish Labour Party

John Hendry Scottish Labour Party

(Turnout – 38.34%) Jim Thomson Scottish National Party (SNP)

5 – Stirling West Neil Benny Scottish Conservative and Unionist

Scott Farmer Scottish National Party (SNP)

(Turnout – 47.08%) Christine Simpson Scottish Labour Party

6 – Stirling East Danny Gibson Scottish Labour Party

Corrie McChord Scottish Labour Party

(Turnout – 41.09%) Steven Paterson Scottish National Party (SNP)

7 – Bannockburn Margaret Brisley Scottish Labour Party

Alasdair MacPherson Scottish National Party (SNP)

(Turnout – 40.8%) Violet Weir Scottish Labour Party

Overall Turnout – 44%