COUNCIL

MINUTES of MEETING of the EXECUTIVE held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on THURSDAY 10 FEBRUARY 2011 at 6.30 PM

Present:

Councillor Graham HOUSTON (in the Chair)

Councillor Alistair BERRILL Councillor Ian BROWN (Substitute) (EX360 – EX362) Councillor Scott FARMER Councillor David GOSS (Substitute) (EX350 – EX354) Mrs Rose HART, Statutory Religious Representative (EX351) Mrs Joan KERR, Statutory Religious Representative (EX351) Councillor Graham LAMBIE Councillor Alasdair MACPHERSON Councillor Corrie MCCHORD Councillor Colin O’BRIEN (Substitute) (EX350 – EX359) Councillor Steven PATERSON Councillor Graham REED Councillor Jim THOMSON

In Attendance:

Jim Boyle, Chief Accountant, Finance & Procurement Michael Boyle, Interim Business Manager, Education Tony Cain, Head of Housing Liz Duncan, Acting Solicitor to the Council Des Friel, Head of Economy, Employment & Youth Fiona Fulton, Communications Officer, Chief Executive’s Office Bob Gil, Head of Assets, Property & Facilities Management Les Goodfellow, Head of Roads, Transport & Open Space Belinda Greer, Head of Education Janice Hewitt, Assistant Chief Executive, (Care, Health & Wellbeing) Bob Jack, Chief Executive Rebecca Maxwell, Assistant Chief Executive (Sustainability, Economy & Environment) Colin McMenemy, Planning & Performance Officer, Education Katy Oliver, Communications& Marketing Team Leader, Chief Executive’s Office John Risk, Head of Improvement & Customer Service Kevin Robertson, Head of Planning, Regulation & Waste Joanne Scott, Depute Head of Education Kathleen Taylor, Head of Communities & Culture Willie Watson, Head of Finance & Procurement Joyce Allen, Governance (Clerk)

EX348 DECLARATIONS OF INTEREST

Councillors Graham Reed and Jim Thomson declared an interest in respect of Item 17 - Raploch Urban Regeneration Company – Liaison Arrangements, as Council appointed Directors of the Raploch Urban Regeneration Company Board. Councillor Scott Farmer declared an interest in respect of Item 23 – Stirling Development Agency Ltd Kildean Land Purchase, as a Council appointed Director of Stirling Development Agency.

EX349 URGENT BUSINESS BROUGHT FORWARD BY THE CHAIR

There were no items of urgent business.

EX350 MINUTES

(a) Executive – 28 October 2010

The Executive agreed to approve the Minutes of Meeting held on 28 October 2010 as a correct record of the proceedings.

(b) Special Executive – 14 December 2010

The Executive agreed to approve the Minutes of Special Meeting held on 14 December 2010 as a correct record of the proceedings.

EX351 RESULTS OF REVIEW OF EDUCATION PROVISION AND PRIMARY SCHOOLS – PROPOSED CLOSURES

On 12 November 2009, the Executive agreed to suspend the operation of Lochearnhead Primary School with all pupils and staff transferring to Primary School pending investigation into future options. Subsequently the Executive at its meeting held on 2 September 2010, agreed to start a formal consultation process on the proposal to permanently close Lochearnhead and Inversnaid Primary Schools with effect from 24 June 2011.

A report by the Head of Education set out the results of this formal consultation process, which had been undertaken in line with the amended requirements of the Schools (Consultation) () Act 2010.

Reports on the consultation process and Her Majesty’s Inspectorate of Education Reports, in relation to both schools, were included as appendices to the submitted report.

The Head of Education explained that following the suspension of Lochearnhead Primary School, staff were aligned to other posts for session 2010/11 and confirmed that the permanent closure of the school would have no further impact on staff. In respect of Inversnaid Primary School, the roll of the school had declined over recent years and currently sat at two pupils who were siblings. The Head of Education indicated that the proposal to close the school and transfer the pupils to Aberfoyle Primary School was based on the grounds of educational benefit with pupils having more opportunity for discussion, sharing ideas and peer interaction.

In response to a question on school transport, the Head of Education confirmed that a number of other children already travelled on the category 2 route from Inversnaid to Aberfoyle.

Members were advised that a decision to proceed with the closure of either school could be subject to a call-in notice from Scottish Ministers.

Decision

The Executive agreed:-

1. to permanently close Lochearnhead Primary School on 24 June 2011 and amend the catchment area of Strathyre Primary School to include the catchment area of Lochearnhead Primary School;

2. to permanently close Inversnaid Primary School on 24 June 2011 and amend the catchment area of Aberfoyle Primary School to include the catchment area of Inversnaid Primary School;

3. to note that the Education Service would vacate the buildings and that Assets, Property and Facilities Management would manage the future use of the buildings, including potential disposal.

(Reference: Report by Head of Education dated 24 January 2011, submitted).

EX352 PLACING REQUESTS – RESERVED PLACES

A report by the Head of Education identified the number of places calculated as requiring to be reserved in Stirling’s schools during the academic session 2011/12 to ensure sufficient provision for children at their local catchment schools.

The Head of Service advised that, under the terms of the Education (Scotland) Act 1980, parents had the right to request that their child attend a school of their choice other than the local catchment school.

The Education (Scotland) Act 1996 as amended by the Standards in Scotland’s Schools etc. Act 2000 gave local authorities the power to reserve places at specific schools for children who moved into school catchment areas after enrolment had been completed. These reserved places might be allocated to particular year stages by the Head of Education, or nominated officer.

Members were advised that Stirling Council’s placing request policy took account of reserved places. The submitted report updated the Reserved Places position for the academic session 2011/12.

Appendix 1 to the submitted report provided a list of schools at which reserved places were recommended with further background information provided at Appendix 2.

The Executive was requested to approve the recommended places set out in Appendix 1 and to delegate authority to the Head of Education to determine allocation of reserved places at specific year stages in each school.

Decision

The Executive agreed:-

1. to approve the recommended places to be reserved for catchment area children for session 2011/2012 in the schools listed in Appendix 1 to the submitted report;

2. to delegate authority to the Head of Education to determine allocation of reserved places at specific year stages in each school.

(Reference: Report by Head of Education dated 24 January 2011, submitted).

EX353 NEW COUNCIL HOUSING IN - CONSULTATION AND OPTION APPRAISAL OUTCOME

In August 2008, the Executive agreed to promote the Leckie Road site in Gargunnock for new Council housing. Following this decision, the Housing Service secured funding and prepared proposals for the site for discussion with the local community.

A report by the Head of Housing advised that those discussions had demonstrated opposition to the development of the Leckie Road site from some local residents. In response to a decision by Council in May 2010, a detailed consultation process on alternatives to the Leckie Road site and option appraisal of the site and alternatives in the village had been carried out.

Details of this consultation process, including alternative sites at Station Road/Charles Street North and The Glebe/Charles Street South, and the wording of the consultation letter, were agreed with the Community Council. The results of the survey presented a mixed picture, although there was general acceptance of the need for new Council Housing in the village, which reinforced the results of an earlier survey carried out by the Community Council.

The Head of Housing explained that a significant number of residents objected to each site, however, the Leckie Road site was the least popular of the three options with residents. Waiting list applicants were more strongly in favour of development but the Leckie Road site was also the least preferred. Details of the consultation material, an outcome report and comments made by respondents were set out in Appendices 2, 3 and 4 to the submitted report.

Members were advised that the technical appraisal, as detailed in Appendix 5 to the submitted report, had identified significant constraints on the development of both the Station Road/Charles Street North and the Glebe/Charles Street South sites. Both sites were within the flood risk area and the Scottish Environment Protection Agency (SEPA) had indicated that it would object to both sites on the ground of flood risk. A copy of their response was attached as Appendix 1.

The final results of both the technical assessment and the consultation had been discussed with Gargunnock Community Council and the Housing Advisory Group and their views were set out in the report. The Community Council’s comments and the Council’s response were also set out in Appendices 6 and 7 to the report.

The approval of the Executive was sought to proceed with the development, subject to achieving a design that addressed the road safety and access issues to the satisfaction of the Planning Panel and the Roads Authority.

It was noted that the original grant decision from the Scottish Government required the Council to make a start on site by the end of November 2010. However Scottish Government officials had informally indicated a willingness to be flexible about alternative sites with a revised site start date deadline of 31 March 2012 at the latest. The Head of Housing confirmed that it was unlikely that a start date on another site could be achieved within this deadline, thereby presenting a risk of losing the resources.

The Conservative Group Leader requested that, given the level of community concern, that the report be referred for consideration to the Council on 17 March 2011. The Labour Group Spokesperson indicated that he had questions about the amount of land required for the development and concurred with the view that the matter be referred to Council.

Decision

The Executive agreed to refer consideration of the submitted report to the Council on 17 March 2011.

(Reference: Report by Head of Housing dated 2 February 2011, submitted).

EX354 HOUSING REVENUE ACCOUNT OUTTURN REPORT 2010/11

The Head of Housing introduced his report, which advised that the Housing Revenue Account (HRA) budget for 2010/11 reflected a balanced budget. The total revenue income and expenditure in the Housing Revenue Account budget was £17.22m. Based on December 2010 figures, it was anticipated that the service would be on budget at year end.

Members were advised that, following the move to the Full Cost Recovery model for Homeless rents, the Housing Revenue Account budget now related only to the provision of mainstream Housing and there were no Homeless costs in the Housing Revenue Account.

In line with the rest of the Council, the Housing Revenue Account was currently undertaking a severance exercise. This would generate additional costs of approximately £0.3m, which would require to be borne by balances.

The 2010/11 Housing Investment programme budget was set at £10.32m. This budget was provided through capital receipts from Right to Buy house sales, revenue (capital from current revenue), grants and prudential borrowing.

The programme was currently projected to spend over budget by £1.17m. This was due mainly to increased activity around the New House Building programme. Members were advised that the additional spend would be met in full from the Strategic Housing Account, in line with the decision taken by the Executive on 28 October 2010.

In light of the projected outturn, and the decision to fund new build from the Strategic Housing Account, the borrowing requirement for the current year was approximately £1.74m below budget at £2.17m.

In answer to a question from the Housing Portfolio Holder on aids and adaptations, the Head of Housing confirmed that the proposed virement would not result in a reduction in the number of adaptations being carried out in the current financial year.

Decision

The Executive agreed:-

1. to note that the Housing Revenue Account was currently projected to be on budget for 2010/11;

2. to note that this would lead to balances at 31 March 2011 of £0.12m which equated to the recommended figure of 2.5% of gross expenditure less the cost of the current severance exercise;

3. to note that the Housing Investment programme was currently projected to be £1.17m over budget, mainly due to the increased New House Building Programme;

4. to note that the total spend on the New House Building programme, currently projected to be £2.40m, would be funded from the Strategic Housing Account to ensure full delivery of the programme without exceeding the planned budget for prudential borrowing;

5. the projected level of prudential borrowing required was approximately £1.74m below budget at £2.17m.

(Reference: Report by Head of Housing dated 2 February 2011, submitted).

EX355 REVIEW OF SPEED LIMITS ON ‘A’ AND ‘B’ ROADS IN THE STIRLING AREA

In April 2010, the Executive requested Roads, Transport & Open Space to review the speed limits on ‘A’ and ‘B’ roads in the Stirling area, in line with revised Government guidance, and to report back with proposals and cost estimates.

To reflect the changes in Government policy and guidance for the application and setting of speed limits, a report by the Head of Roads, Transport & Open Space recommended that the existing Stirling Council speed limit policies be amended. The proposed Speed Limit Policy Framework was attached in Appendix 1 to the submitted report.

The report informed Members of the impact of the review of the speed limits, identified sections of road where improvements to the speed limit should be made to comply with national guidance and identified sections of road where further investigation was required.

The review assessed 282 sections of local ‘A’ and ‘B’ roads, covering 163 rural and 119 urban locations within the Stirling area. The review did not include Trunk Roads, such as the A82, A84 and A85, as Stirling Council was not the Roads Authority for these routes. Members were advised that a review of these routes would be undertaken by Transport Scotland.

Appendix 2 to the report outlined the outcome of the review with recommendations in respect of particular locations detailed in Appendices 3, 4, 5 and 6.

A proposed Programme of Implementation was set out in Appendix 7 and Existing Speed Limit Traffic Regulation Orders on Stirling Council ‘A’ and ‘B’ roads were detailed in Appendix 8.

In answer to a question from a Member on the 33 locations where it was recommended that the existing speed limits be changed, the Head of Roads, Transport & Open Space confirmed that if resources were limited then the locations would have to be prioritised.

The Conservative Group Leader requested that the detailed proposals for the implementation of the outcomes from the investigations of those locations listed in Appendices 5 and 6 to the submitted report be subject to community consultation before implementation.

Decision

The Executive agreed:-

1. to adopt the proposed speed limit policy framework in line with current national guidance set out in Appendix 1 to the submitted report;

2. to note the outcome of the speed limit review on local ‘A’ and ‘B’ roads for which the Council was the Roads Authority (excluding trunk roads A9, A82, A84 & A85);

3. to note the requirement for additional capital funding of £130,000 over financial years 2011/12 and 2012/13, to enable the improvements identified within Appendix 4 to the submitted report to be progressed. Allocation of funding would be subject to Council approval in February 2011;

4. to note the requirement for additional revenue funding of £15,000 during financial year 2011/12 to enable the progression of the design of improvements identified in Appendix 5 to the submitted report. Allocation of funding would be subject to Council approval in February 2011;

5. to receive a further paper in January 2012 to present detailed proposals and cost estimates for the implementation of the outcomes from the investigations of those locations listed in Appendix 5 and Appendix 6 to the submitted report with these detailed proposals to be subject to community consultation before implementation.

(Reference: Report by Head of Roads, Transport & Open Space, undated, submitted).

EX356 WINTER SERVICE UPDATE FOLLOWING SPECIAL EXECUTIVE – 14 DECEMBER 2010

The Winter Service Policy and Level of Service for 2010/11 was approved by the Executive in September 2010, with the 2010/11 Winter Service budget for roads and pavements set at £1.283m.

The Head of Finance & Procurement initially alerted the Finance Review Group that projections for expenditure on winter activities would result in an overspend of the Winter Service budget of around £500k. However, as a result of continued adverse winter weather and the additional agreed actions, this figure was revised to £1.25m of an overspend. This revised figure assumed that the winter weather would revert to a more normal pattern until April 2011.

At a special meeting on 14 December 2010, the Executive agreed:-

• to instruct Officers to take steps to replenish the Council’s salt supplies by confirming an order for 2,000 tonnes from the Chilean Shipment;

• to establish 24 community sand piles for immediate deployment in addition to the continuing operation to fill the existing 475 salt boxes;

• to instruct Officers to proceed to engage external contractors to assist with the snow clearing operations and to hire additional excavators to clear snow and ice from priority four streets.

A report by the Head of Roads, Transport & Open Space updated the Executive on the position to date. The Head of Service advised that since the beginning of this winter period the Service had used 8582.7 tonnes of salt and 1370 tonnes of 6mm grit. The Service currently had a stock of 1873.6 tonnes of salt with a further 2854.9 tonnes on order on the basis of 300 to 400 tonnes delivered per week until the order was complete.

A total of 27 community grit piles had been established in easily accessible public areas, the locations of which were listed in Appendix 1 to the submitted report. There had also been a considerable effort made to replenish the supply of grit to salt boxes on a continuous basis from mid December 2010 until mid January 2011. This service had now reverted to being reactive, as it was prior to mid December 2010.

The Head of Service reported that in accordance with the decisions taken on 14 December 2011, a number of local contractors were contacted to ask if they were interested in undertaking emergency snow clearing on roads within Stirling Council’s area. Those contractors who responded were given a questionnaire to complete and return which was then evaluated. It was noted that no contractors were engaged to assist with snow and ice clearance works, as weather and road conditions began to improve.

The Environment Portfolio Holder paid tribute to the huge amount of work undertaken by staff across the Council in very difficult circumstances in trying to keep vital services operating. It was noted that there were lessons to be learnt particularly in relation to communication and inter service co-operation. The Leader of the Council had written to all Community Councils asking for feedback on how the Council had handled the challenges presented by the recent severe winter weather. Members recognised that there was perhaps a need in the longer term to develop some form of winter resilience strategy in consultation with all stakeholders.

Decision

The Executive agreed:-

1. to note that the entire Chilean shipment of salt had now been delivered to and Springkerse Depots;

2. to note that 27 community grit piles were deployed to the locations identified at Appendix 1 to the submitted report;

3. to note that a selection process was completed to identify local contractors able to assist in clearing snow and ice from Stirling Council’s road network but that no external contractors were engaged as the weather and road conditions began to improve, as set out in Appendix 2 to the submitted report and Paragraphs 3.11 and 3.12;

4. to note that excavators and lorries were hired to assist in the removal of snow and ice in the worst affected areas;

5. to note that the salt/grit boxes would revert to a 50:50 salt/grit mix as soon as salt stocks were sufficiently replenished.

(Reference: Report by Head of Roads, Transport & Open Space dated 21 January 2011, submitted).

EX357 WASTE SERVICES: RECYCLING AND COLLECTION SERVICES – IMPACT OF ADVERSE WEATHER (NOVEMBER 2010 – JANUARY 2011)

A report by the Head of Planning, Regulation & Waste reviewed the impact on the delivery of recycling and waste collection services during the exceptional continuous period of adverse weather from late November 2010 to early January 2011.

The Head of Service advised that, where roads were affected by snow and ice, this directly impacted on the delivery of recycling and waste collection services. With little or no treatment of Priority 4 local access and residential roads, by which the majority of households were accessed, the recycling and waste collection services were delayed and disrupted over a seven-week period to such an extent that only 54% of collection routes were completed on the scheduled day during December, improving to 81% in January as the adverse road conditions improved.

The report considered the resources deployed, service resilience and performance, road conditions, actions taken to maintain service continuity, public communications, increased service costs, and future actions and recommendations.

In response to questions relating to communication, the Head of Planning, Regulation & Waste confirmed that although daily updates on recycling and waste collection services had been posted on the Council’s website detailing progress on a street-by-street basis, it would also be helpful in future to have information on planned action. He also acknowledged the importance of other forms of communication such as community information networks and local shops. It was noted that a review of the communication process would be undertaken to ensure clarity of communications of all key services.

Members also noted the intention following the pilot in Causewayhead, to prepare a policy paper involving collection of cardboard as part of the kerbside recycling service and suspension of brown bin (garden waste) collection from November to March. It was commented that leaf fall continued well into November.

Decision

The Executive agreed:-

1. to note the impact on the delivery of recycling and waste collection services during the recent prolonged period of adverse weather, and the disruption and inconvenience to customers;

2. to note the dependency on the accessibility of the local access and residential road network for effective delivery of recycling and waste collection services;

3. to note the actions taken to maintain delivery, as far as possible, of recycling and waste collection services throughout the duration of adverse weather;

4. to note the additional service costs of £30k incurred in ensuring continued delivery of recycling and waste collection services;

5. to note the increased level of public enquiries and complaints as a consequence of disrupted services;

6. to note the public communications, which provided updates on recycling and waste collections by areas and streets;

7. to endorse progressing the future actions outlined in paragraphs 3.51 to 3.61 of the submitted report, including consideration of policy changes, to improve service resilience in periods of adverse weather, and to receive any policy papers for consideration at future Executive meetings.

(Report by Head of Planning, Regulation & Waste dated 27 January 2011, submitted).

EX358 PUBLIC BODIES CLIMATE CHANGE DUTIES

A report by the Assistant Chief Executive (Sustainability, Economy & Environment) advised Members that the Climate Change (Scotland) Act 2009 introduced statutory duties for public bodies in relation to climate change, carbon/greenhouse gas reduction and broader sustainability. These duties came into force on 1 January 2011 and applied to the Council and its statutory Community Planning Partners.

The statutory duties required the Council to contribute to Scotland’s emissions reductions targets, to help deliver programmes for adaptation to anticipated climate change and to act generally in the way it considered to be most sustainable.

A copy of Scotland’s Climate Change Declaration: Annual Statement 2009/10 was attached as an Appendix to the submitted report.

The Assistant Chief Executive advised that, given its long-standing strong commitment to sustainability, the Council was well placed to comply with the new statutory duties and to work with its Community Planning partners to ensure co-ordinated and comprehensive local action.

The Housing Portfolio Holder expressed concern that the Council was losing the opportunity for income generation by not exploring micro-generation of renewable energy. In response the Assistant Chief Executive explained that workload constraints had meant that this matter had been delayed but it was intended to commission expert advice to assist with assessing the potential of this opportunity.

In answer to a question from the Leader of the Liberal Democrat Group on the update on priorities for 2009/10, the Assistant Chief Executive confirmed that as there was no budget available the recruitment of a second Sustainable Development Officer had not been progressed. The Group Leader also suggested that there was a need for some form of Members’ briefing on climate change. It was noted that this would be a matter for discussion at the Sustainability, Economy & Environment Strategic Forum.

Decision

The Executive agreed:-

1. to note that the Public Bodies Climate Change Duties under the Climate Change (Scotland) Act 2009 came into force on 1 January 2011 and applied to Stirling Council and its Community Planning Partners;

2. to instruct the Assistant Chief Executive to hold discussions with Community Planning Partners with a view to aligning local action under the 2009 Act duties;

3. to note the areas for further work within the Council and instruct officers to take action to address them, with progress to be reported through the Council’s performance reporting arrangements;

4. to formally report details of the Council’s compliance with the public sector duties in the Council’s Annual Report each year.

(Report by Assistant Chief Executive (Sustainability, Economy & Environment), submitted.

EX359 STANDING CONFERENCE OF LOCAL AUTHORITIES IN THE FORTH ESTUARY – ANNUAL REPORT ON RADIOACTIVITY MONITORING

The Standing Conference of Local Authorities in the Forth Estuary was set up in the mid-1980s in the aftermath of the Chernobyl nuclear incident to provide a focus for the eight local authorities in the Forth Estuary area, to ensure monitoring of radiation from various sources could be properly co-ordinated.

On 22 January 2009, the Executive endorsed the disbandment of the Standing Conference of Local Authorities in the Forth Estuary, and instructed Officers to report on the monitoring activities of the Technical Officers’ Working Group to future Executive meetings.

The latest Annual Report on Radioactivity Monitoring was carried out in 2009/10 and Members were advised that a copy was available in the Members’ Lounge. As in previous years, this showed no significant radiation hazard in the Forth Estuary area, including the Stirling Council area.

Decision

The Executive noted the findings of the 2009/10 Annual Report on Radioactivity Monitoring.

(Reference: Report by Head of Planning, Regulation & Waste dated 11 January 2011, submitted).

EX360 MCLAREN LEISURE CENTRE – HALF YEAR REPORT 2010/11

In March 2010 the Council agreed to enter into a five year Service Level Agreement with McLaren Leisure Centre based on an annual payment of £327,500 per annum, plus inflation. This followed a period when the Council’s subsidy to the Centre had escalated over a period of three years from £262,000 to £477,000.

As part of the approval it was requested that half year and full year reports were brought back to Council on the performance of the Centre. A report by the Head of Assets, Property & Facilities Management provided the half year report to September 2010 and advised that, in this period, the Centre’s revenue budget position had stabilised with appropriate budgetary management controls now fully in place.

In March 2010 the Council agreed to postpone pursuit of outstanding energy bills relating to 2009/10 and 2008/09. The Head of Service confirmed that while the Centre’s revenue budget position was now on a sound footing, it was not yet in a position to meet those historic debts, and might never be in a position to meet them in full.

The Head of Service advised that a structural and mechanical and electrical survey of the building carried out by the Council in 2010 had identified that significant works to the building would be required at some stage in the future. Again it was not likely that this would be fully fundable from within existing resources. As a result a proposal for capital expenditure support for the Centre was submitted in the Summer of 2010 by Assets, Property & Facilities Management as part of the ongoing capital programme considerations.

Members were advised that the Council had provisionally earmarked £70,000 of capital support in 2011/12 for resurfacing the all weather pitch at the Centre although the Council had yet to finalise its Capital Programme for 2011/12. However, local preference would be to replace this with a full size all weather pitch. A SportScotland Stage 1 application submitted by the Council had been successful in provisionally securing funds of £152,000 towards the cost of this proposal and the Centre had submitted a Leader funding application seeking support of £150,000. If successful, together with a level of local fund-raising, funds should be available to deliver this preferred solution. In answer to a question from a Member, the Head of Service confirmed that the proposed all weather pitch would not be suitable for playing rugby but it would reduce the use of the existing football pitch.

The next stage in continuing to develop the working relationship between the Council and the Centre would be to expand the focus away from the financial/building related issues and on to the provision of services to the community as part of the Service Level Agreement. At present, the Council’s direct involvement with the Board of the Centre involved one Councillor sitting on the Board (Councillor Owens) with the Head of Assets, Property & Facilities Management and the Depute Head Teacher from McLaren High School also attending Board meetings. The Head of Service explained that the liaison arrangements would be reviewed in due course.

Decision

1. to note the progress that the Centre had made in the course of the first six months of 2010/11 in getting its finances onto a firmer footing;

2. to continue to postpone pursuit of outstanding payment due from the Centre in relation to energy bills, with further consideration to be given to the issue at the time of the year end report;

3. to note that investment in the building would be required at some stage in the future;

4. to note progress made to generate funding for a full size all weather pitch and to note that works to replace the surface of the existing all weather pitch would be put on hold until funding applications had been determined.

(Reference: Report by Head of Assets, Property & Facilities Management dated 1 February 2011, submitted).

EX361 THE WHITE RIBBON CAMPAIGN

The White Ribbon Campaign was an international movement, which campaigned for the involvement of men in prevention of violence against women. Through raising awareness of issues surrounding gender based violence, and the gender inequality which permitted it, the campaign aimed to educate men and boys in how they could play their part in tackling gender based violence.

Stirling had an active multi-agency partnership, called ‘Action for Change’, which worked towards the elimination of violence against women and children. Stirling Council and partners had organised a ‘White Ribbon March’ for each of the last 3 years. The March, which had been due to take place on 10 December 2010, had been postponed due to dangerous conditions caused by the weather. The re- arranged March would now take place during March 2011.

A report by the Head of Employment, Economy & Youth set out a programme of activity by the ‘White Ribbon Stirling’ project, which formed a set of criteria to complete the process of becoming the first White Ribbon City in Scotland. Councillor Brown, Stirling’s White Ribbon Ambassador asked the Executive to support this important campaign and read out a statement from a victim of domestic abuse.

The Members of the Executive commended the efforts of the multi-agency partnership in progressing this initiative and unanimously supported the White Ribbon Campaign and its objectives.

Decision

The Executive agreed:-

1. to endorse the campaign and its objectives in relation to the Stirling area, including the White Ribbon March and other local initiatives;

2. to formally pledge to the White Ribbon campaign that Stirling Council staff and Elected Members would not ‘commit, condone or remain silent about violence against women.’

(Reference: Report by Head of Economy, Employment & Youth dated 17 January 2011, submitted).

EX362 RESIDENTS SURVEY 2011

The Council undertook a Quality of Life survey in 2002 and Residents Surveys in 2000, 2002, 2005 and 2008. The collection of results using similar methodologies meant that comparisons could be made, showing change over time.

The Residents Survey was referred to in the Senior Management Objectives 2010/11 as a source of evidence for the Chief Executive’s objectives relating to both Communications and Performance Management. The Survey made use of the Stirling Sounding Board, the Council’s statistically representative Citizens’ Panel, which was currently being refreshed with new members.

In October 2010, Council agreed that the Residents Survey should be carried out as soon as possible in 2011. A report by the Head of Improvement & Customer Service set out the proposed details and timetable for the 2011 Residents Survey. It was recommended that a Residents Survey, using the Stirling Sounding Board, be undertaken during March 2011, with the intention that the results would be available by the end of May 2011 and reported to Council in June 2011. A timetable was set out in Appendix 1 to the submitted report.

The survey would ask for residents’ views on:-

• Satisfaction with a range of services/facilities provided by the Council • How residents have, and prefer to, contact the Council • Residents’ experience of contacting the Council • Communication and Information from the Council • Quality of life in the Stirling Council area.

The Head of Service explained that the survey was an important way of consulting and listening to local residents and Council service users. It could also highlight areas where improvements were needed or where further, more detailed, investigation was required.

A copy of the proposed survey was provided as Appendix 2 to the submitted report. The survey would be available online or by paper copy to Sounding Board members. Members of the public would also be able to complete the survey online via the Stirling Council website.

Members indicated that it would be helpful to have information on the age range of respondents and their postcodes.

Decision

The Executive agreed:-

1. that a Residents Survey using the Stirling Sounding Board be undertaken during March 2011, reporting end of May 2011, with a report to Council on 30 June 2011;

2. to the inclusion of a section in the Residents Survey on ‘quality of life’.

3. to request the Performance and Research Team to explore the possible inclusion of questions in the survey on age range and postcode information.

(Reference: Report by Head of Improvement & Customer Service dated 24 January 2011, submitted).

EX363 RAPLOCH URBAN REGENERATION COMPANY – LIAISON ARRANGEMENTS

The Assistant Chief Executive (Sustainability, Economy & Environment) introduced a report by the Chief Executive, which advised of the long-standing commitment by Stirling Council and the wider Community Planning Partnership to regeneration in Raploch. An Urban Regeneration Company (URC) had been created in 2006 to deliver that commitment. Stirling Council was a founding Member of the Raploch Urban Regeneration Company (the URC) and made financial contributions, including land, to support its creation.

Members were advised that, legally, the Urban Regeneration Company was an independent company limited by guarantee and also a registered charity. As such, governance arrangements were required to be in place that satisfied both the requirements of the Companies Act and the Office of the Scottish Charity Regulator (OSCR). This was achieved by having a Board of Directors, who were also Trustees of the charity. The Board was responsible for governing the day-to-day operations of the Urban Regeneration Company. The three local Councillors sat as Directors on the Urban Regeneration Company Board.

As a Member organisation, the Council had a responsibility to ensure that the Urban Regeneration Company was delivering in accordance with its original expectations. In addition, the Council had an obligation under Following the Public Pound to ensure that there was accountability for public assets and assurance that Best Value was being achieved.

The Council’s External Auditor had highlighted the need for robust and appropriate liaison and monitoring arrangements, separate from any Board representation, to be in place for all Arms Length Organisations. Formal liaison arrangements to satisfy this had been developed in conjunction with the Urban Regeneration Company and were set out in paragraphs 3.8 and 3.9 of the submitted report.

Decision

The Executive agreed:-

1. to approve the formal liaison and governance arrangements between Raploch Urban Regeneration Company and the Council as set out in paragraphs 3.8 and 3.9 of the submitted report;

2. to note that the Assistant Chief Executive for Sustainability, Economy & Environment would be the responsible officer for ensuring appropriate monitoring reports were presented to the Executive.

(Reference: Report by Chief Executive dated 2 February 2011, submitted).

EX364 2014

In 2014, a number of significant Cultural and Sporting Events would take place in Scotland, including the Ryder Cup at Gleneagles, the Commonwealth Games in Glasgow and the seven hundredth anniversary of the Battle of Bannockburn.

A report by the Head of Communities & Culture suggested that Stirling had an opportunity to be involved in these major international events as well as the more obvious gain to be had from the commemoration of one of the most significant events in Scottish History through a Bannockburn 2014 programme.

The report outlined progress to date on the feasibility work for Bannockburn 2014 undertaken by an external consultant on a short term contract for Communities & Culture and Economy, Employment & Youth services, and invited the Executive to consider the next steps.

The Executive was invited to establish a Member/Officer Group to take forward the work associated with Bannockburn 2014. The Head of Communities & Culture confirmed that the Feasibility Study, the first draft or which was now available, would assess all aspects of Stirling Council’s potential leadership in key Bannockburn activities and involvement in other events of significant Culture and Sporting benefit to Scotland and Stirling.

Decision

The Executive agreed:-

1. in principle, to Stirling Council becoming a key player in national planning for Bannockburn 2014, subject to suitable funding becoming available;

2. to establish a Member/Officer group to take forward the work associated with Bannockburn 2014;

3. that the membership of the Member/Officer Group comprise the Provost as Chair, the Portfolio Holder for Empowerment & Citizenship, the Portfolio Holder for Economy, Tourism & Finance and one nominee from each of the Opposition Groups.

(Reference: Report by Chief Executive dated 3 February 2011, submitted).

EX365 GENERAL FUND REVENUE BUDGET MONITORING 2010/11

A report by the Head of Finance & Procurement provided an update on the overall General Fund Revenue Budget position for the current year.

The previous report to Executive on 28 October 2010 had noted a projected underspend on Service budgets of £526k, representing 0.3% of total Service budgets. The Head of Service advised that all Services were reporting final outturns either within or fairly close to budget. Significant Trading Operations were projecting an overall budget surplus for the year with all four Significant Trading Operation activities anticipating a statutory break-even position or better.

The current position showed an adverse movement of £267k in overall Service outturns, resulting in a reduced underspend of £259k, representing 0.1% of total Service budgets. Only three of the four Significant Trading Operations were now projecting an overall budget surplus for the year with the Building Cleaning Significant Trading Operation anticipating a small deficit.

Although most Services were anticipating improved outturn positions from the previous report, these had been offset by significantly increased costs incurred in the Roads, Transport & Open Space service as a result of the exceptional winter weather conditions, resulting in a projected overspend in this budget area of £1.25m. This was detailed further in a separate report on the Agenda (paragraph EX356 refers).

The Scottish Government recently announced that £15m of extra funding would be made available to local authorities in the current financial year to cover the exceptional cost of extra winter roads maintenance and to help councils deal with necessary road repairs. Members were advised that Stirling Council’s share of this funding would be £326k.

The Executive had previously noted that energy savings of around £500k would be generated in 2010/11 arising from the new Procurement Scotland contracts. However, following the recent period of severe weather, initial estimates were that additional heating costs of around £100k had been incurred across all Council properties.

The report also provided an update on other corporate projections. As part of their budget decisions, Central Scotland Joint Fire Board had agreed to return £1.439m of reserves to the constituent authorities in the current financial year with Stirling’s share being £430k. The only other change from the previous report was an increase in loan charges savings of £100k to a level of £800k.

In finalising the budget strategy for 2010/11, Members were advised that the target level of balances should be maintained at a level of at least 2% (£4.4m) of budget and preferably 2.5% (£5.5m) over the medium term. Balances at the end of the financial year were currently anticipated to be £8.644m, being 4% of General Fund budget, and representing a significantly better position than the target levels. This was after allowing for a £200k budget provision for reinstatement of balances in the current year, £450k of building refurbishment costs relating to the new One Stop Shop and £195k for the vacating and securing of the Municipal Buildings. As noted previously, however, the Council was currently undertaking a severance exercise, which would generate significant additional costs requiring to be borne by balances.

Decision

The Executive agreed:-

1. to note the adverse movement in the overall service outturn position as a result of significantly increased costs arising from the exceptional winter weather conditions;

2. to note that estimated additional heating costs of around £100k had been incurred across all Council properties during the recent period of severe weather;

3. to note that Central Scotland Joint Fire Board was proposing to return £1.439m of reserves to the constituent authorities in the current financial year with Stirling’s share being £430k;

4. to note that closing balances were now projected to be £8.644m (4% of budget) subject to funding costs arising from voluntary severance.

(Reference: Report by Head of Finance & Procurement dated 2 February 2011, submitted).

EX366 GENERAL SERVICES CAPITAL MONITORING 2010/11

A report by the Head of Finance & Procurement provided an update on the General Services Capital Programme position for the current year.

Members were advised that, for the total programme, overall expenditure was projected at £18.347m, representing an underspend of £2.308m against a full year programme of £20.655m.

Plans to spend individual project budgets were generally well advanced. For the total programme overall, expenditure to December was £12.735m, representing 62% of a full year programme of £20.655m

Appendix 1 to the submitted set out the projected expenditure and the main variances were commented on further in the report.

Decision

The Executive agreed to note the updated general service capital programme outturn position for 2010/11.

(Reference: Report by Head of Finance & Procurement dated 24 January 2011, submitted).

EX367 MEDIUM TERM FINANCIAL PLANNING AND MANAGEMENT FRAMEWORK: PUBLIC CONVENIENCES – SERVICE REVIEW – UPDATE 1

In June 2010, the Council instructed Assets, Property & Facilities Management to seek to introduce Comfort Partnership Schemes to replace 17 public conveniences, which would allow for their closure from the end of October 2010 onwards and to engage with communities where Council owned public conveniences would still operate with a view to encouraging local key-holding where a desire for extended opening hours existed.

A report by the Head of Assets, Property & Facilities Management provided an update on progress with the Service Review and proposed recommendations on the way forward to change service provision to match the needs of local communities, improving overall service provision and reducing costs.

The report also formed part of a wider review of the utilisation of assets by the Council, which was being undertaken as one of the major budget workstreams.

Appendix 1 to the submitted report listed toilets where a Comfort Partnership Scheme alternative would be sought and, if successful, the Council’s public convenience closed. Progress on the progression of the Comfort Partnership’s Scheme and Closure Programme were set out in Appendix 2 and the signage layout being utilised shown at Appendix 3. The outcome of discussions on key holding to extend opening hours of retained public conveniences were set out In Appendix 4.

In response to a question from the Leader of the Conservative Group in relation to the public convenience in , the Head of Service undertook to provide the Member with further information on the potential problem concerning title restriction.

Decision

The Executive agreed:-

1. to note that the public convenience at Station Road, Stirling was now closed and on the market;

2. to note that public convenience was now open and operational;

3. to note progress on the introduction of the Comfort Partnership Scheme to replace the public conveniences as outlined in Appendix 2 to the submitted report and agree to the closed public conveniences now being declared surplus and thereafter sold as outlined in the Appendix;

4. to include Inversnaid as an additional Comfort Partnership Scheme location and thereafter to return the public convenience site to Inversnaid Hotel ownership;

5. to note the outcome of engagement with communities where Council owned public conveniences would still operate with a view to encouraging local key-holding where a desire for extended opening hours existed (Appendix 4 to the submitted report);

6. to note that a further report would be brought back to Executive in mid 2011 providing a further progress update.

(Reference: Report by Head of Assets, Property & Facilities Management dated 13 January 2011, submitted).

EX368 MEDIUM TERM FINANCIAL PLANNING AND MANAGEMENT FRAMEWORK: ASSET UTILISATION - 1-5 PORT STREET, STIRLING - ONE STOP SHOP – HOMOLOGATION

On 7 October 2010, Council considered a report on the One Stop Shop, when a number of delegated powers were confirmed. The report discussed seeking authority to accept the most economically advantageous tender resulting from the procurement process, however, it did not grant delegated powers to Assets, Property & Facilities Management.

To enable the earliest possible opening of the One Stop Shop and acceptance of the tender it was agreed that the Chief Executive would sign off the Tender Report, following consultation with the four Group Leaders. Thereafter a report seeking homologation of this decision would be presented to this meeting of the Executive.

A report by the Head of Assets, Property & Facilities Management requested the Executive to homologate acceptance of the tender from Elmwood (Glasgow) Ltd in the sum of £382,226.76 for refurbishment of the One Stop Shop, which was accepted on 5 February 2011. Members were advised that homologation was the process by which a decision was subsequently confirmed and ratified.

The Housing Portfolio Holder confirmed that Officers had provided him with further information on the recharges to the Housing Revenue Account. It was noted that the Housing Revenue Account currently paid a charge for the use of the Municipal Buildings and the expectation was that this recharge was likely to be less in respect of the One Stop Shop.

The Head of Assets, Property & Facilities Management undertook to provide the Leader of the Liberal Democrat Group with further information on the arithmetical errors in the tenders referred to in the submitted report.

Decision

The Executive agreed to homologate acceptance of the tender from Elmwood (Glasgow) Ltd in the sum of £382,226.76 for refurbishment of the One Stop Shop, which was accepted on 5 February 2011.

(Reference: Report by Head of Assets, Property & Facilities Management dated 1 February 2011, submitted).

Councillor McChord left the meeting at this point.

The Executive resolved under Section 50A(4) of the Local Government (Scotland) Act 1973 that the public be excluded from the meeting for the following items of business on the grounds that they involved the disclosure of exempt information as defined in Paragraphs 9 and 8 & 9 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.

EX369 STIRLING DEVELOPMENT AGENCY LTD – KILDEAN LAND PURCHASE

A report by the Head of Finance & Procurement advised that the Council was a 50% joint venture partner in Stirling Development Agency Limited, along with Valad Property Group.

The Executive was advised that, in accordance with the development agreement made between the Council and Valad in 2008, Stirling Development Agency Limited had been making progress on the development of the Kildean site. Under that agreement, the Council transferred land to Stirling Development Agency Limited, and that land would form part of a greater assembled land package that would form the ultimately developed area. Key to the development of the site would be the acquisition of an area of land from the Crown Estate, and negotiations had been taking place between Stirling Development Agency Limited and Crown Estate around the phasing of the purchase and the consideration to be paid for each phase.

The report set out the issues relating to the land acquisition at Kildean, and sought approval for funding to be provided to Stirling Development Agency Limited via additional shareholder loan by the Council for 50% of the acquisition cost of Phases 1 and 2, and the full cost of the amenity land acquisition by the Council.

Appendix 1 to the submitted report provided a site plan, and indicated the areas of land that were required to be acquired from Crown Estate.

Decision

The Executive agreed:-

1. to provide Stirling Development Agency Limited with funding, via additional shareholder loan for half of the Phase 1 of the Crown Estate land acquisition, as detailed in the submitted report, to be funded from existing resources relating to Stirling Development Agency Limited & CSBP (Investments) Limited;

2. in principle, and subject to approval of the Council, to earmark from any future capital receipts from Stirling Development Agency Limited, and in the first instance from the Burghmuir land payment, to provide additional shareholder loan funding to Stirling Development Agency Limited for half of the Phase 2 of the Crown Estate land acquisition, as detailed in the submitted report;

3. in principle, and subject to approval of the Council, to earmark from any future capital receipts from Stirling Development Agency Limited, and in the first instance from the Burghmuir land payment, to provide funding for the Council acquisition of the Kildean amenity land from Crown Estate, the value of which had still to be determined, but subject to the maximum value as set out in the submitted report.

(Reference: Report by Chief Executive dated 2 February 2011, submitted).

EX370 ACCEPTANCE OF TENDER FOR CONSTRUCTION OF DRIP ROAD/KILDEAN ROUNDABOUT – ROAD IMPROVEMENT SCHEME – CONTRACT VALUE IN EXCESS OF £250,000

A report by the Head of Roads, Transport & Open Space sought approval to accept the recommended tender in respect of the works contract for the construction of the Road Improvement Scheme at Drip Road/Kildean Roundabout.

The Head of Service advised that, during April 2010, Roads, Transport & Open Space commenced a procurement process, with a pre-qualification questionnaire (PQQ) having been issued and assessed to shortlist contractors with the necessary experience.

Of the 21 expressions of interest received and pre-qualification questionnaires issued, 17 pre-qualification questionnaires were returned. Following the assessment of these pre-qualification questionnaires a tender list of eight contractors had been selected.

On 8 December 2010, Stirling Council invited tenders from the eight contractors for the construction of the Drip Road/Kildean Roundabout – Road Improvements Scheme with an estimated value of £1,009,000. The tender evaluation was based on a price/quality split with a ratio of 70/30. During the tender period one contractor withdrew from the process resulting in seven out of the eight contractors returning completed tenders on 20 January 2011.

Stirling Council’s Road Maintenance Service, returned the lowest value tender at £798,000.46. The remaining contractors were within 27% of the lowest bid apart from one, which was over 75% in excess of the lowest bid.

Members were advised that works were programmed to commence on site in March 2011 and would take approximately 26 weeks to complete, with an expected completion date of September 2011.

Decision

The Executive agreed to accept the tender submitted by Stirling Council (Road Maintenance Service) amounting to £798,000.46 for the construction of the Drip Road/Kildean Roundabout – Road Improvements Scheme.

(Reference: Report by Head of Roads, Transport & Open Space dated 24 January 2011, submitted).

The Chair declared the Meeting closed at 9.25 pm