STIRLING COUNCIL
MINUTES of MEETING of the STIRLING COUNCIL held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on THURSDAY 16 DECEMBER 2004 at 10.30 am.
Present:- Provost Colin O’BRIEN (in the Chair)
Councillor Alasdair BEATON Councillor John HOLLIDAY Councillor Alistair BERRILL Councillor Pat KELLY Depute Provost Margaret BRISLEY Councillor David LONSDALE Councillor Tom COLL Councillor Corrie McCHORD Councillor Ann DICKSON Councillor Charles MCKEAN Councillor Tony FFINCH Councillor Paul NELSON Councillor Colin FINLAY Councillor Gerard O’BRIEN Councillor Pat GREENHILL Councillor John PATERSON Councillor Anne HARDING Councillor Gerry POWER Councillor Tom HAZEL Councillor Gillie THOMSON Councillor John HENDRY
In Attendance:
Gordon Best, Schools PPP Assistant Project Manager Jim Boyle, Chief Accountant, Corporate Services Andrew Cassells, Head of Environment and Waste, Environment Services Irene Cavanagh, Head of Community Care Services, Community Services Neil Chalmers, Service Manager (Trading Standards), Environment Services Brian Devlin, Director of Regeneration Services Lesley Gallagher, Community Planning (Partnership) Manager, Corporate Services Bob Gil, PPP Project Manager Oonagh Gil, Head of Performance and Resources, Environment and Regeneration Services Les Goodfellow, Head of Roads and Transport, Environment Services Laura Hoskins, Policy Officer, Corporate Services Bob Jack, Director of Corporate Services Gordon Jeyes, Director of Children’s Services Lyn Kennedy, Community Governance Manager, Corporate Services Fiona Macleod, Head of Strategy and Governance, Corporate Services Rebecca Maxwell, Head of Planning and Resources, Children’s Services Don Monteith, Press and PR Manager, Corporate Services Caroline Moore, Corporate Policy and Planning Manager, Corporate Services Helen Munro, Director of Community Services Arthur Nicholls, Director of Environment Services Tom Pollock, Transportation Project Manager, Regeneration Services Kevin Robertson, Project and Audit Manager, Environment Services Mick Stewart, Head of Planning and Regulatory Functions, Environment Services Willie Watson, Head of Resource Management, Corporate Services Keith Yates, Chief Executive Joyce Allen, Committee Officer, Corporate Services Sheila McLean, Trainee Committee Officer, Corporate Services
Also in Attendance:
Cath MacGregor, Audit Commission
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc SC177 MINUTES – STIRLING COUNCIL, 7 OCTOBER 2004
Decision
The Council approved the Minutes of the Meeting held on 7 October 2004 as a correct record of the proceedings.
SC163 – The Chief Executive confirmed that the outcome of the claim for financial assistance under the Bellwin Scheme towards the cost of remedial work resulting from storm damage in the Callander and Lochearnhead areas in August was still awaited.
SC178 WRITTEN QUESTIONS
The Provost confirmed that one written question had been received in terms of Standing Order 27. The answer provided by the Convener of the Community Committee is contained in Appendix 1 to this Minute.
SC179 QUESTION TIME
In terms of Standing Order 29, Members had the opportunity to put questions to Conveners of Committees on relevant and competent matters contained in the Volume of Minutes circulated with the Agenda for the meeting. No questions were put.
SC180 APPOINTMENTS TO REGENERATION STRATEGY GROUP
The transition of the Stirling Partnership for Urban Regeneration (SPUR) structures into the Community Planning Partnership would be completed during 2004/05. As part of the transitional process a Regeneration Strategy Group had been established to help to ensure that the Community Planning Partnership’s Regeneration Strategy “Working Together to Close the Gap” and the accompanying three year Regeneration Outcome Agreement was firmly embedded in the work of the Partnership’s functional groups.
The Director of Regeneration Services and Superintendent Barker from Central Scotland Police had been appointed as co-chairs of the Group. A report by the Director of Corporate Services invited the Council to appoint three Members to the Group.
Decision
The Council agreed:-
1. to appoint Councillors Alistair Berrill, John Hendry and John Paterson to the Regeneration Strategy Group;
2. to note that Brian Devlin, Director of Regeneration Services, and Superintendent Andrew Barker from Central Scotland Police had been appointed as co-chairs of the Group.
(Reference: Report by Director of Corporate Services, undated, submitted)
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc SC181 CITIZENSHIP APPOINTMENTS PANEL – PROGRESS REPORT AND APPOINTMENTS TO PRISON VISITING COMMITTEES
On 1 March 2004 the Council established a Citizenship Appointments Panel to undertake interviews and recommend to Council the appointment of suitable citizens to various “pools” from which future appointments would be made to the Prison Visiting Committees, Parental Appeals Panel, Social Work Complaints Review Panel and the Panel of Safeguarders, Reporting Officers and Curators Ad litem, as and when vacancies arose.
A report by the Director of Corporate Services explained that following a recruitment campaign, interviews for appointment to the Prison Visiting Committees were scheduled for January 2005. It was proposed that on this occasion, the Director of Corporate Services be given delegated powers to appoint suitable citizens to the “pool” to enable current vacancies to be filled without further delay.
The Director of Corporate Services already had delegated powers to make appointments from “pools” to the Prison Visiting Committees and the Panel of Safeguarders, Reporting Officers and Curators Ad Litem. It was now proposed that the Director also be given delegated powers to make automatic appointments from the “pools” to the Prison Visiting Committees, Parental Appeals Panel, Social Work Complaints Review Panel and the Panel of Safeguarders, Reporting Officers and Curators Ad Litem. All such appointments would be reported through the Council’s Information Bulletin.
There had been a poor response to the Parental Appeals and Social Work Complaints Review Panels. As a result, all Parent Teacher Associations and School Boards had been contacted again to try and generate interest. In respect of the Social Work Complaints Review Panel, an advert would be placed in the national press and appropriate organisations contacted.
Decision
The Council agreed:-
1. to delegate authority to the Director of Corporate Services, on this occasion, to appoint candidates to the “pool” of suitable citizens for future appointment to Cornton Vale and Glenochil Over 21s Prison Visiting Committees, as and when vacancies arose and subject to satisfactory Disclosure Scotland checks;
2. to delegate authority to the Director of Corporate Services to make all appointments from the “pools” to the Prison Visiting Committees, Parental Appeals Panel, Social Work Complaints Review Panel and the Panel of Safeguarders, Reporting Officers and Curators Ad Litem by automatic selection, and that any appointments made be reported through the Information Bulletin;
3. that the term of office for citizens appointed to the various “pools”, and to the Panels/Committees be fixed until the end of the Council’s current term of office, and thereafter to run concurrently with the term of office;
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc 4. to note that once the interview process has been completed a report would be presented to a future meeting recommending the appointment of suitable citizens to “pools” for future appointment to the Parental Appeals Panel, Social Work Complaints Review Panel and the Panel of Safeguarders, Reporting Officers and Curators Ad Litem;
5. to re-appoint the following existing members to Cornton Vale and Glenochil Over 21s Prison Visiting Committees:-
Cornton Vale Over 21s Visiting Committee Margaret Brisley, Ellen Dickie, Moira Graham, Alison Lambie, Noreen Macfarlane
Glenochil Over 21s Visiting Committee Isabel Foster, David Bryson, Coreen McNeil, Tom Hazel
(Reference: Report by Director of Corporate Services of 18 November 2004, submitted)
SC182 NOMINATIONS OF COUNCIL DIRECTORS TO BOARD OF STIRLING ENTERPRISE PARK LTD
Stirling Enterprise Park Ltd (STEP) was established on the closure of Imperial Tobacco Ltd’s (ITL) Stirling factory in 1983. Funding from ITL and other sources allowed for the provision of workspace and a range of other business support activities was also provided by STEP. The Council was the majority shareholder in STEP.
The Council and STEP worked closely in a number of areas and STEP would be an important delivery mechanism for taking forward action under Making Stirling Work – the economic development strategy for the Stirling area. A report by the Director of Regeneration Services detailed proposals for restructuring the STEP Board which would include reducing the maximum number of Directors from 15 to 8 and Council representation from 8 to 3. Council interests would be maintained by its majority shareholding position.
Decision
The Council agreed:-
1. to nominate Provost Colin O’Brien and Councillors Pat Greenhill and John Hendry to sit on the STEP Board;
2. to support the proposed governance, best value and reporting arrangements outlined in the submitted report.
(Reference: Report by Director of Regeneration Services of 30 November 2004, submitted)
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc SC183 SCHEME OF DELEGATION - AMENDMENTS
In order to take account of new legislative provisions in the Land Reform (Scotland) Act 2003 and the Fireworks Act 2003, it was necessary to set out new delegated powers.
The Council had certain duties under the Land Reform (Scotland) Act 2003 to protect rights of access, to take enforcement action and to deal with applications from people who wished to exclude the right of access across their land. A report by the Director of Corporate Services set out proposed new delegated powers to deal with these duties.
The Fireworks Act 2003, along with the Fireworks Regulations 2004 and the Fireworks (Scotland) Regulations 2004 made new provisions for regulating the use of fireworks. The Council had a duty to determine licence applications from the suppliers of fireworks to be able to supply and sell fireworks and from people who wished to have fireworks displays. It was proposed that applications under the Fireworks Act 2003 should be dealt with in the same way as Civic Licensing applications.
The report also proposed to transfer the delegation in respect of public open spaces to the Director of Environment Services from the Director of Community Services.
Decision
The Council agreed to the changes to the Scheme of Delegation set out in Appendix 2 to this Minute.
(Reference: Report by Director of Corporate Services of 30 November 2004, submitted)
SC184 GOVERNANCE, RESOURCES AND PERFORMANCE GROUP
At its meeting on 9 October 2003 the Council established the Governance, Resources and Performance Group (GRPG) comprising three Administration Members and two Opposition Members. The GRPG was essentially concerned with the internal working of the Council as an organisation, ensuring good governance, more effective use of the Council’s resources and performance improvement.
A report by the Director of Corporate Services sought the views of the Council regarding the future of the GRPG. There had been a number of discussions at GRPG regarding various aspects of its remit and a number of possible improvements suggested. These included expanding the membership of the Group with one further Administration and one further Opposition Member and clarifying the circumstances in which it would be appropriate for meetings to be held in public and in private. Comments had also been received from the Council's External Auditors on the way in which GRPG might be formalised to deal with its “Audit Committee” functions. All of these issues were under consideration when, as a result of matters left unresolved at the last meeting of Council, the scheduled meetings of GRPG for October and November had been cancelled. The External Auditors had expressed concern at the lack of meetings over the Autumn.
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc The Leader of the Council reported that the Provost had received a letter from the Conservative Group explaining the circumstances surrounding a recent breach of confidentiality by a member of the Opposition. In light of the content of the letter, the Administration was not prepared to consider refreshing the membership of the GRPG or any other possible changes to the operation of the Group at this time.
Decision
The Council agreed to continue discussion of this item of business until later on in the meeting (Item SC199 refers).
(Reference: Report by Director of Corporate Services of 7 December 2004, submitted)
SC185 GENERAL FUND REVENUE BUDGET – 2004/05 UPDATE
A number of pressures were giving rise to a projected overspend on Service budgets (including STOs) of £419,000, which represented a 0.3% of total Service budgets. This was however an improvement of £286,000 on the position reported to Council in October 2004. A report by the Head of Resource Management explained that Services were reporting varied outturn positions with Chief Executive, Corporate, Children’s and Community Services all expecting to be on or below budget. Environment, Regeneration and the STOs anticipated an overspend position. Services would be expected to manage back any projected overspends over the remainder of the year, or face having to carry these forward in full to 2005/06.
The report also provided an update on corporate projections and showed that savings of £700,000 were now expected from loan charges and interest earned on revenue balances. As the year progressed, further favourable outturns might arise in these areas. These savings would however be partly offset by a redetermination of Revenue Support Grant arising from finalisation of Supporting People Funding.
As agreed at the Council meeting on 7 October 2004, £195,000 had been earmarked from balances in the current financial year to meet the costs of storm and flood damage remediation in the Callander and Lochearnhead areas.
After taking account of all proposed Service outturns subject to carry forward arrangements under the Scheme of Devolved Budget Management, available revenue balances at the end of the financial year were now projected to be £4.699M, being 2.9% of total General Fund budget for 2005/06.
Decision
The Council agreed:-
1. to note that some Services were projecting a net overspend position for the current year and would be expected to manage back their overspends, or carry them forward to 2005/06 under the Scheme of Devolved Budget Management;
2. to note that the STOs fell outwith the Scheme of Devolved Budget Management and therefore the projected budget shortfall of £513,000 would have an adverse effect on year-end balances;
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc 3. to note that net savings of £545,000 were currently projected from corporate budgets, and that further favourable outturns might arise over the remainder of the year.
(Reference: Report by Head of Resource Management of 7 December 2004, submitted)
SC186 GENERAL SERVICES CAPITAL PROGRAMME 2004/05 – OVERVIEW
As part of the Council’s requirements for budget monitoring, each Policy Committee received monitoring reports for the period to the end of September 2004 (Period 6). Total net expenditure had been updated to the end of October 2004 (Period 7), and was £5.952M against a full year budget, including carry forwards from 2003/04 and additions during the current year of £19.141M, i.e. a programme expenditure rate of 31.1%. A report by the Head of Resource Management provided full projection details in Appendix 1.
Expenditure for the core programme for 2004/05, excluding ringfenced funded items, was forecast at £10.618M against a budgeted programme of £11.384M, a forecast underspend of £0.766M or 6.7% of budget. This underspend was mainly due to slippage of the Hillpark Community Facility project and Lower Polmaise Site Restoration.
In respect of Forthside and Public Transport Fund budgets, the current anticipated outturn for 2004/05 was estimated at £2.088M. Compared against a budget of £4.389M this forecasted an underspend of £2.301M (52.4%). For “other ringfenced” budgets the anticipated outturn was estimated at £2.215M, an underspend of £1.152M when compared against a budget of £3.367M. A large proportion, 64.9% of this underspend, related to the Building Better Cities (Cities Growth Fund) item.
A summary of the resource position was detailed in Appendix 2 to the report. Projects which did not fall within the remit of any of the three Policy Committees, showed a projected expenditure of £494,000 against a total budget of £514,000.
Decision
The Council agreed:-
1. to note the position of capital programme expenditure as at the end of October 2004 (Period 7) and projected spend against budget for the remainder of the year;
2. to note the return of £15,000 to the Contingencies/Acquisitions/Opportunities budget, which was allocated in 2003/04 to fund remedial works in respect of the Memorial Bridge, Laighills Park, Dunblane, which left an unallocated balance of £42,000;
3. to note the advance of £40,000 to fund costs identified for the Burghmuir project, which would be offset against any potential receipt generated;
4. to approve the diversion of programme expenditure of £141,000 to fund the cost of additional roads improvement works to be identified by Environment Services with details of programme budgets to be redirected shown in Appendix 1 to the submitted report;
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc 5. to note the Prudential Indicators set out in paragraph 4.15 of the submitted report.
(Reference: Report by Head of Resource Management of 3 December 2004, submitted)
SC187 REVIEW OF OFFICE ACCOMMODATION – SITE OPTION APPRAISAL
At its meeting held in June 2004, the Council considered an option appraisal on a review of Office Accommodation and (a) discounted a full refurbishment option from further consideration and (b) authorised further review work on a range of other options including baseline with essential repairs to the current property portfolio, partial and full replacement so as to test the assumptions and further quantify the costs and availability associated with specific sites.
A report by the Director of Corporate Services detailed the outcome of the site option appraisals and sought agreement on the selection of a preferred site and the next steps to progress the project. The findings of the site option appraisal considered the following scenarios:-
• Baseline with Essential Repairs • New Build/Full Relocation • Partial Replacement
for the current portfolio and three sites at Springkerse Business Park, Forthside and Wellgreen.
A cost appraisal, quantitative and qualitative review and locational/deliverability matrix had been produced and the results indicated that the baseline with essential repairs and Wellgreen partial replacement should now be discounted from further consideration.
The report recommended that the full replacement Option 2 (Forthside) should now be pursued to a full business case. For all scenarios, it had been assumed that the Council would have a One Stop Shop to ensure that service delivery was more citizen focused although costing for this element had not been included within the costings provided.
Motion
“That the Council agrees:-
1. to note the contents of the report and the outcome of the site option appraisal;
2. that the Baseline with Essential Repairs Option and Option 3 (Wellgreen Campus) be discounted from further consideration;
3. to agree that Option 2 (Forthside) is the preferred location for a full replacement of the Council’s HQ office accommodation and that the Director of Corporate Services be instructed to bring forward a full business case based on this option for approval at the next meeting of Council;
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc 4. to agree that Partial Replacement Options 2 (a) Forthside with Municipal Buildings and 2 (b) Forthside with Old Viewforth should not be ruled out at this time.”
Moved by Councillor Corrie McChord and seconded by Councillor John Hendry.
Amendment
“That the Council agrees to delete decisions 3.1.2 and 3.1.3 and replace with 3.1.2 that this Council does not believe that it should prioritise new office accommodation at this time.”
Moved by Councillor Alistair Berrill, seconded by Councillor Paul Nelson.
The vote on the Amendment was as follows:-
For - 10 Against - 12
The Amendment was defeated by 12 votes to 10.
The vote on the Motion was as follows:-
For - 12 Against - 10
Decision
The motion was carried by 12 votes to 10 and accordingly the Council agreed:-
1. to note the contents of the report and the outcome of the site option appraisal;
2. that the Baseline with Essential Repairs Option and Option 3 (Wellgreen Campus) be discounted from further consideration;
3. to agree that Option 2 (Forthside) was the preferred location for a full replacement of the Council’s HQ office accommodation and that the Director of Corporate Services be instructed to bring forward a full business case based on this option for approval at the next meeting of Council.
4. to agree that Partial Replacement Options 2 (a) Forthside with Municipal Buildings and 2 (b) Forthside with Old Viewforth should not be ruled out at this time.
(Reference: Report by Director of Corporate Services of 8 December 2004, submitted)
SC188 CORPORATE PLAN 2003 - 2008
On 11 December 2003, the Council approved a working draft Corporate Plan. While it was recognised that the draft Plan required further work to prioritise objectives and allocate resources to them, it was agreed that it should be used to inform 2004/05 budget deliberations and that it would be further developed in consultation with citizens and community planning partners. At its meeting in June, the Council approved a further developed draft of the Plan and in so doing approved the
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc allocation of £602,000 available additional resources against Corporate Plan priorities for 2004/05. At that stage further work was still required on the prioritisation of the Plan’s objectives.
The Policy Executive at its meeting on 30 November 2004 considered the developing budget strategy and proposed the following Corporate Plan priorities in order of importance;
1. Schools PPP 2. Roads Maintenance 3. City Transport Strategy 4. Sports Village 5. Community Ownership of Housing
A report by the Director of Corporate Services provided an update on the work undertaken to finalise the Corporate Plan which included prioritisation of the Plan’s objectives, consultation with Communities, progress on a long term visioning exercise (scenario planning) and the development of high level indicators as agreed at the Council meeting in June.
Motion
“The Council agrees
1. to finalise and approve its Corporate Plan for 2003/08 as set out in the report by the Director of Corporate Services, and in so doing, endorses the following Corporate Plan priorities, in order of importance;
(1) Schools PPP (2) Roads Maintenance (3) City Transport Strategy (4) Sports Village (5) Community Ownership of Housing
2. to note that the allocation of resources to achieve the 5 priority objectives, as well as the other Corporate Plan objectives, will be addressed through development of the Council’s budget strategy 2005/06 to 2007/08;
3. to note the progress on the previously approved Scenario Planning exercise”.
Moved by Councillor Corrie McChord, seconded by Councillor Gillie Thomson.
Direct Negative
Councillor Gerry Power, seconded by Councillor David Lonsdale moved the direct negative.
The vote on the Motion was as follows:-
For - 12 Against - 10
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc Decision
The Motion was carried by 12 votes to 10 and accordingly the Council agreed:-
1. to finalise and approve its Corporate Plan for 2003/08 as set out in the report by the Director of Corporate Services, and in so doing, endorsed the following Corporate Plan priorities, in order of importance;
(1) Schools PPP (2) Roads Maintenance (3) City Transport Strategy (4) Sports Village (5) Community Ownership of Housing
2. to note that the allocation of resources to achieve the 5 priority objectives, as well as the other Corporate Plan objectives, would be addressed through development of the Council’s budget strategy 2005/06 to 2007/08;
3. to note the progress on the previously approved Scenario Planning exercise.
(Reference: Report by Director of Corporate Services of 24 November 2004, submitted)
Councillor Alasdair Beaton left the Meeting at this point.
SC189 CONSULTATION ON THE DRAFT COMMUNITY GOVERNANCE STRATEGY
The draft Community Governance Strategy was agreed for consultation by the Council in June 2004 following consideration by the Policy Executive on 4 and 18 May. The consultation took place from mid-August to 5 November 2004 and the Policy Executive further considered the output from the consultation on 25 November 2004. A report by the Director of Corporate Services set out the outcome of the Consultation process and proposed finalised recommendations arising from the feedback gained.
A broad range of views had been expressed through the consultation responses. The report indicated that a predominately positive response had been received in relation to questions on the appropriateness of the Area Community Planning remit, the role of local community planning as the first building block in the Community Planning process and support arrangements for these two processes. Three options for clustering communities into Area Community Planning Forums were detailed in Appendices 5, 6 and 7 to the submitted report. Any additional allocation of resources required to meet the support provisions of the Strategy would be addressed through the development of the Council’s budget strategy 2005/06 to 2007/08.
The draft Strategy also made a commitment that a review of the Council’s decision- making structures should be undertaken and that the role of the Council’s Community Planning Group would be considered during this process. Due to the large number of key developments that had been undertaken by the Council since June it had not been possible to undertake the review in 2004. As a result, this would be given priority in the second quarter of 2005 and reflected accordingly in the finalised Strategy.
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc Motion
“The Council agrees:-
1. to approve the amended action points of the Community Governance Strategy as set out in the Action Plan with SMART (Specific, Measurable, Achievable, Realistic and Timescaled) outcomes attached as Appendix 8 to the submitted report; and
2. to approve the Community Governance Strategy agreeing specifically that following the consultation process:
2.1 the intention to seek legislative change to facilitate Corporate Body Status for Community Councils be retained;
2.2 proposals regarding scrutiny and petitions, and the citizens’ panel/talkback be fully retained and any requests for further information raised through the consultation process responded to;
2.3 a commitment be added to the Strategy to pursue more effective means of engagement for communities of interest;
2.4 the finalised Strategy will reflect that the Stirling area will have its own Community Health Partnership;
2.5 the section of the draft Strategy headed “Children’s Trust” be re-titled “Children’s Community Health Partnership” in the finalised Strategy;
2.6 the finalised Strategy reflect that the proposals within the draft Strategy will form the starting point for a discussion on the future role of the Stirling Assembly with the Assembly’s Community Planning Partners prior to a review, which it is hoped can occur early in 2005;
2.7 implementation of the Area Community Planning process will be informed by the relevant consultation meeting and response feedback;
2.8 to fully implement the proposals for Area Community Panning with an additional commitment to undertake a review after two years of operation, taking April 2005 as a starting point;
2.9 the clustering of communities detailed in Appendix 5 (Option 1) be approved for Area Community Planning Forums;
2.10 that some reflection of the 2007 Ward boundaries should be possible through the review committed to at 2.8 above;
2.11 that any final amendments of the selected clustering option should be made at meetings held in the first quarter of 2005 which could also facilitate the scenario planning exercise currently being developed by the Council and its Community Planning Partners;
2.12 the draft Strategy’s proposals for Local Community Planning be retained in full;
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc 2.13 appropriate levels of support be provided for the community engagement proposals of the Strategy as set out at paragraph 4.30 of the submitted report;
2.14 the Council’s review of its decision making structures would be a priority in the second quarter of 2005;
2.15 reporting processes relating to Community Planning should be clarified with Community Planning Partners as part of this review;
2.16 proposals relating to Elected Member development be retained in full;
2.17 a commitment be made to hold a Community Council Conference on an annual basis.”
Moved by Councillor Corrie McChord, seconded by Councillor John Hendry.
Amendment
“This Council accepts the concept of community planning but considers that there is insufficient support for area clusters and therefore resolves to continue to work with community councils and local communities to develop local plans and to co-ordinate them on a Stirling wide basis.”
Moved by Councillor Paul Nelson, seconded by Councillor Pat Greenhill.
The vote on the Amendment was as follows:-
For - 9 Against - 12
The Amendment was defeated by 12 votes to 9.
The vote on the Motion was as follows:-
For - 21 Against - 0
Decision
The Motion was carried unanimously and the Council agreed:-
1. to approve the amended action points of the Community Governance Strategy as set out in the Action Plan with SMART (Specific, Measurable, Achievable, Realistic and Timescaled) outcomes attached as Appendix 8 to the submitted report; and
2. to approve the Community Governance Strategy agreeing specifically that following the consultation process:
2.1 the intention to seek legislative change to facilitate Corporate Body Status for Community Councils be retained;
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc 2.2 proposals regarding scrutiny and petitions, and the citizens’ panel/talkback be fully retained and any requests for further information raised through the consultation process responded to;
2.3 a commitment be added to the Strategy to pursue more effective means of engagement for communities of interest;
2.4 the finalised Strategy would reflect that the Stirling area would have its own Community Health Partnership;
2.5 the section of the draft Strategy headed “Children’s Trust” be re-titled “Children’s Community Health Partnership” in the finalised Strategy;
2.6 the finalised Strategy reflect that the proposals within the draft Strategy would form the starting point for a discussion on the future role of the Stirling Assembly with the Assembly’s Community Planning Partners prior to a review, which it was hoped could occur early in 2005;
2.7 implementation of the Area Community Planning process would be informed by the relevant consultation meeting and response feedback;
2.8 to fully implement the proposals for Area Community Panning with an additional commitment to undertake a review after two years of operation, taking April 2005 as a starting point;
2.9 the clustering of communities detailed in Appendix 5 (Option 1) be approved for Area Community Planning Forums;
2.10 that some reflection of the 2007 Ward boundaries should be possible through the review committed to at 2.8 above;
2.11 that any final amendments of the selected clustering option should be made at meetings held in the first quarter of 2005 which could also facilitate the scenario planning exercise currently being developed by the Council and its Community Planning Partners;
2.12 the draft Strategy’s proposals for Local Community Planning be retained in full;
2.13 appropriate levels of support be provided for the community engagement proposals of the Strategy as set out at paragraph 4.30 of the submitted report;
2.14 the Council’s review of its decision making structures would be a priority in the second quarter of 2005;
2.15 reporting processes relating to Community Planning should be clarified with Community Planning Partners as part of this review;
2.16 proposals relating to Elected Member development be retained in full;
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc 2.17 a commitment be made to hold a Community Council Conference on an annual basis.
(Reference: Report by Director of Corporate Services of 7 December 2004, submitted)
SC190 SCHOOLS PPP PROJECT – COMMUNITY FEEDBACK & CONSULTATION ARRANGEMENTS
During September 2004, the Council held a series of public information meetings to share information with and to update communities and other stakeholders about the proposals received from bidders in respect of the Schools PPP Project. The meetings were held in seven venues (Stirling High School, Wallace High School, Dunblane High School, St Modan’s High School, Bannockburn High School, McLaren High School and Raploch Community Centre) and attracted in excess of 800 attendees in total. Further meetings were held at the request of Community Councils in Dunblane and Causewayhead and “Neighbour” meetings held in Dunblane, Causewayhead and Bannockburn to discuss issues of site layout relating to new school building plans. A survey exercise was also carried out with parents, pupils and some members of the community attending the initial information meetings and a separate survey was instigated independently by Causewayhead Community Council.
The intention of the meetings was to share information with parents and local communities about the proposals received and being considered by the Council. The proposals shared with the public were as follows:
• McLaren High School – refurbishment, remodelling and extension of the existing school, including replacement of all existing hutted accommodation.
• Dunblane High School – option of either refurbishment or new build on the sports pitches of the existing school site with additional playing fields provided in fields beyond the A9 and part of the existing school site developed for housing.
• Wallace High School – option of either refurbishment or new build on a site close to the junction of Airthrey Road and Causewayhead Road with the existing school site developed for housing. Alternative new build sites at Cornton Caravan Park, on the existing school site and the Axiom proposal attached to the Raploch Campus were not presented but were referred to.
• Stirling High School – option of either refurbishment and partial housing development of the existing school site or new build on Williamfield with the Cricket club relocating to Forthbank as part of the proposed Sports Village and housing development on the existing school site.
• St Modan’s High School – option of either refurbishment or new build on a site adjacent to St Mary’s RC Primary School, Brucefield Family Centre and Bannockburn High School with housing development on the existing school site.
• Raploch Education & Community Campus – new build in Raploch as originally proposed.
A report by the Director of Children’s Services provided a summary of the various views expressed by schools, parents, pupils and local communities in response to the information shared with them regarding the Schools PPP Project proposals. A
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc variety of views were expressed with parents and School Boards broadly in support of the variant new build proposals. Community views were more mixed with the most common concerns being loss of open space and potential traffic impact.
It was noted that Dunblane Community Council had submitted a letter asking for formal consideration to be given to an alternative site for Dunblane High School and Torbrex Community Council was in the process of conducting an independent survey on the proposals.
The Head of Planning and Resources explained that as the project progressed, further opportunities for formal consultation would occur as part of the planning application process and through statutory education consultations on any decision to relocate a school. Opportunities for informal consultation and involvement of stakeholders as the project progressed beyond appointment of a preferred bidder would be maximised for pupils, parents, schools, staff and local communities, particularly immediate neighbours.
Decision
The Council agreed:-
1. to note the views summarised in the submitted report and take them into account in its consideration of a decision on a preferred bidder and preferred bid;
2. to endorse the proposed approach for continued consultation as the Schools PPP Project progressed.
(Reference: Report by Direction of Children’s Services/PPP Project Team of 2 December 2004, submitted)
The Council resolved under Section 50A(4) of the Local Government (Scotland) Act 1973 that the public be excluded from the meeting for the following item of business on the grounds that it involved the disclosure of exempt information as defined in Paragraph 8 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.
Councillor Pat Kelly declared an interest in respect of the next item of business and took no part in the discussion or the subsequent decision.
SC191 SCHOOLS PPP – SELECTION OF A PREFERRED BIDDER AND PREFERRED OPTION
On 30 June 2004, the Council received standard and variant bid submissions from two bidders for the schools Public Private Partnerships (PPP) Project. The initial bid evaluation showed that the Standard Bids from both parties involving refurbishment of all five High Schools were above the Council’s affordability target and in two instances there were concerns that refurbishment did not represent a Best Value solution. The evaluation of the variant proposals from both bidders for four new build schools showed a clear qualitative gap between the proposals in favour of the Gateway consortium, mainly due to quality of design. A small pricing gap in favour of Gateway was also noted.
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc Following further clarification work with the Stirling Gateway consortium on the building designs, site layouts, facilities management specifications, employment conditions, legal agreement, financial models, housing proposals and site conditions the stage has now been reached where a recommendation to appoint Stirling Gateway as the Preferred Bidder could be made.
A report by the Director of Children’s Services recommended the appointment of Stirling Gateway HC Ltd as the preferred bidder on the basis of a higher overall quality of design solution and a marginal price advantage. Design solutions proposed by Gateway were superior to those produced by the other consortium, particularly with reference to proposals for McLaren High School, Wallace High School and Raploch Campus.
The recommendation of Gateway’s variant bid for four new build schools, a fully refurbished and extended McLaren High School and a new build Raploch Campus when compared with the standard bid, offered a higher overall quality design solution and a lower price. The risk transfer for the standard bid was also less advantageous to the Council.
Following Stirling Cricket Club’s agreement to sell their Williamfield site to the Council and relocate to Forthbank, a variant proposal that included new build rather than refurbishment at Stirling High School, Wallace High School, St Modan's High School and Dunblane High School was feasible. Negotiations with St Modan’s FP Cricket Club regarding lease arrangements had recently been satisfactorily completed to allow proposals for St Modan’s High School to progress. The Director of Children’s Services explained that no new build proposals had been received for McLaren High School, however refurbishment proposals for the school offered a high quality design solution. The proposals for the Raploch Community Campus remained as originally specified.
To fund new build schools, land at Stirling High School, Wallace High School, St Modan’s High School and Dunblane High School would require to be sold for housing development as an integral component of Stirling Gateway’s proposal. The Director confirmed that the new build and housing development proposals had been shared with schools, School Boards, parents and local communities. A variety of views had been expressed and had also been summarised in a separate paper considered in the public part of the meeting.
The estimated annual unitary charge of the proposed preferred option as supplied by the proposed Preferred Bidder would result in a Project affordability gap of £3.146M per annum (2008/09) as indicated in Appendix 3 to the submitted report. The increase in the affordability gap was a function of increased rates and transport costs. Reduction of the affordability gap further through design or scope change would risk impacting adversely on the quality and value of the proposal. The remaining cost and timetable risks were outlined in Appendix 4 to the submitted report.
Statutory consultation regarding the relocation of Stirling High School, Wallace High School and St Modan's High School would be required, if the Council approved the full variant new build recommendation. All new build proposals for schools and for any associated housing developments would require consideration by the Council as planning applications. These would be submitted to the Council in the normal manner and considered by the Planning Panel following usual community and statutory consultation arrangements. All planning decisions would require to be notified to the Scottish Executive for final approval. The appointment of a Preferred Bidder would be subject to approval by the Scottish Executive.
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc The Director of Children’s Services stressed the requirement for the continuing concerns of communities to be fully explored throughout the planning process and the full impact of re-sited schools and new housing developments evaluated.
Councillor Anne Harding having moved the Direct Negative and failing to find a seconder requested that her dissent be recorded in respect of the decision.
Decision
The Council agreed:-
1. to appoint Stirling Gateway HC Ltd as the preferred bidder for the Stirling Schools PPP Project;
2. to authorise the PPP Team and Steering Group to negotiate with the preferred bidder on the basis of new build solutions at Stirling High School, Dunblane High School, Wallace High School and St Modan’s High School, refurbishment of McLaren High School and a new build Raploch Campus, with a view to reaching financial close by April 2005;
3. to note that planning applications for all school and housing developments approved as part of the preferred bid would be submitted by the preferred bidder immediately following Council’s decision and that these applications must address in full any transport, roads, environment and general amenity issues arising as a result of the proposals;
4. to agree that the continuing concerns of communities would be fully explored through the planning process and the full impact of re-sited schools and new housing developments evaluated;
5. to approve the estimated first full year unitary charge (2008/09) for the Project as detailed in the submitted report and taking full cognisance of the risk analysis in Appendix 4;
6. to instruct the Director of Children’s Services to commence the necessary statutory consultation for the relocation of Stirling High School, Wallace High School and St Modan’s High School;
7. to authorise Corporate Services working with the PPP Project Team and Raploch Regeneration Team to submit an ERDF funding application relating to elements of the proposed Raploch Community Campus.
(Reference: Report by Director of Children’s Services/PPP Project Steering Group of 18 November 2004, submitted)
The Provost adjourned the meeting at 1.20 pm
The meeting reconvened at 2.00 pm with the same Members present.
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc The Council resolved under Section 50A(4) of the Local Government (Scotland) Act 1973 that the public be excluded from the meeting for the following seven items of business on the grounds that they involved the disclosure of exempt information as defined in Paragraphs 2, 9, 6, 6, 10, 10 and 6 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.
SC192 REGENERATING CULTENHOVE AND CORNTON
Stirling Council had been awarded £15M Regeneration Funding from the Scottish Executive following admission on to the Community Ownership Programme. This funding was designed to kick start housing-related regeneration activities in Cultenhove and Cornton, where it was widely acknowledged that poor quality and low demand housing, as well as social exclusion required to be addressed.
A report by the Director of Regeneration Services outlined the progress made in developing regeneration proposals for Cultenhove and Cornton and highlighted the key decisions required to further progress the project. Preliminary discussions between officers had focussed upon the need to pursue selective demolition of certain blocks of flats and their replacement with modern, mixed tenure housing and developing detailed proposals for rehousing residents who might be displaced as part of the regeneration exercise.
To achieve successful redevelopment within the tight timescales available, there were a number of complex challenges, which needed to be addressed. As a result of the site layout and the increased potential of rehousing opportunities for existing tenants, proposals for redevelopment in Cornton were further advanced than for Cultenhove, where additional investigation into possible options was required. A further paper detailing proposals for Cultenhove regeneration would be presented to the next meeting of the Community Committee on 12 February 2005. There was, however, a strong commitment to ensuring that the two areas would be progressed together.
The Director of Regeneration Services stressed that the views and needs of the local community were key to the success of regeneration activities and detailed community consultation would be carried out in conjunction with community planning colleagues. Although timescales were tight, this would be an important part of the proposed master-planning process, which would develop early decisions and map out the regeneration plans in detail.
Decision
The Council agreed:-
1. to designate those areas demarked in red within Appendices 1a and 1b of the submitted report as the focus for housing regeneration activities in Cultenhove and Cornton;
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc 2. to earmark those addresses identified in Cornton, as listed in Appendix 2b to the submitted report for potential demolition and redevelopment, subject to consultation with the community and partners and to the master-planning process;
3. not to relet vacancies on a permanent basis within those blocks identified in Cornton, as listed in Appendix 2b to the submitted report;
4. not to relet vacant lock-up garages and shop units as listed in Appendix 2b to the submitted report, with immediate effect;
5. to suspend Right to Buy sales within those blocks identified for potential demolition in Cornton and Cultenhove, as listed in Appendix 2b to the submitted report, with immediate effect;
6. to acquire those privately owned properties identified within Cornton, in Appendix 2b to the submitted report, and, in conjunction with voluntary negotiation, promote Compulsory Purchase Orders (CPOs) as necessary under the Housing (Scotland) Act 1987 and the Town and Country Planning Act (Scotland) 1997;
7. that where an owner’s property was acquired, the valuation of their property would be determined independently by the District Valuer, and that Home Loss and Disturbance payments be paid in accordance with statutory requirements;
8. to rehouse tenants affected by demolition of those properties in Cornton, identified within Appendix 2b to the submitted report, in accordance with the proposed phasing of demolitions set out within Appendix 2a to the submitted report;
9. that where a tenant’s property was affected by demolition proposals, Home Loss and Disturbance payments would be paid in accordance with statutory requirements;
10. that households whose homes were identified for demolition in the Cornton regeneration area be prioritised for all nominations to Registered Social Landlords in the Stirling Council area, and for all vacancies arising within the Cornton area;
11. to temporarily decant tenants to other blocks in the Cornton area if the tenant’s preference was to remain in the area and be rehoused in one of the new properties when completed or elsewhere;
12. to approve the Allocation Policy for prioritising rehousing of tenants in the regeneration areas, contained in Appendix 4 to the submitted report;
13. to the principles of consulting and involving key stakeholders, including tenants and community representatives, specifically Cultenhove Opportunities Programme (COP) and Cornton Action Planning Partnership (CAPP).
14. to suspend capital investment in properties potentially earmarked for demolition.
15. to note the proposed appointment of a Project Manager to co-ordinate regeneration activities in Cultenhove and Cornton;
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc 16. to note the appointment of an Interim Consultant to assist with initial project planning and management activities;
17. to note that procurement options for the regeneration which would secure the ownership of all new build housing for Housing Stirling were being explored.
18. to note that suspending allocations in these areas would place pressure on waiting lists and on the Council’s ability to discharge its statutory responsibilities on homelessness.
(Reference: Joint Report by Directors of Regeneration Services and Community Services of 23 November 2004, submitted)
SC193 DISPOSAL OF CROOKBRIDGE SITE, STIRLING
The Council had been approached by a Developer who had enquired about the potential to jointly develop the Council’s land holding at Crookbridge, Stirling. A report by the Director of Corporate Services advised the Council on negotiations regarding the potential disposal of the site and sought approval to proceed with the sale on the terms stated. Various issues relating to ground conditions, access and planning zoning would require to be addressed.
Decision
The Council agreed in principle to the disposal of the 12.7 acre Crookbridge site to the Walker Group on the terms detailed in the submitted report and instructed the Director of Corporate Services to conclude negotiations and bring finally agreed terms and conditions of disposal for approval to a future meeting of the Council.
(Reference: Report by Director of Corporate Services of 17 November 2004, submitted)
SC194 OFFICE PRODUCTS – APPROVAL TO AWARD CONTRACT IN EXCESS OF £500,000
The Council’s contract for Office supplies had previously been tendered by the Joint Buying Arrangement (JBA – Stirling, Falkirk and Clackmannanshire Councils). The results of a recent Stirling Council User Survey and market research undertaken suggested that an overall strategy should be adopted to tender for the next office products contract. This strategy included a one contracted supplier approach (ie a one-stop-shop), online ordering, electronic payment and a longer term contract.
A report by the Director of Corporate Services explained that as a joint overall strategy could not be agreed by the JBA partners, it was reluctantly accepted by all three partners that there was no option but to tender separately for office products on this occasion. HM Customs and Excise had been identified as the most appropriate alternative collaborative partner for the Council in negotiating this contract. The office products included stationery, computer consumables, paper (copier, printer and fax) and office equipment/sundries.
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc Decision
The Council agreed:-
1. to note the procurement collaboration between Stirling Council and HM Customs and Excise.
2. to award a contract to Banner Business Supplies Ltd for the supply and delivery of office products for the period 1 April 2005 to 31 March 2008, with the option to extend to 31 December 2010.
(Reference: Report by Director of Corporate Services of 7 December 2004, submitted)
SC195 TELECOMMUNICATION VOICE NETWORK SERVICES – APPROVAL TO AWARD CONTRACT IN EXCESS OF £500,000
A report by the Director of Corporate Services sought approval to award a contract on behalf of Stirling Council for the provision of Telecommunication Voice Network Services for the period 1 April 2005 to 31 March 2008, with an option to extend up to 31 March 2010. There was a requirement for a six-month extension to the existing contract until the new contract took effect, i.e. from 1 October 2004 to 31 March 2005.
Final agreement was still to be reached in relation to some minor aspects of the contract terms and conditions, none of which were fundamental to contract delivery and performance. Tariffs being applied in respect of call charges had for the most part been reduced in respect of this new contract, as defined in the Appendix to the submitted report.
Decision
The Council agreed:-
1. to award a contract to THUS PLC for the provision of a Telecommunications Voice Network Service for the period 1 April 2005 to 31 March 2008; with an option to extend for up to a total of 2 years, i.e. to 31 March 2010;
2. to note that there would be a requirement for a six-month extension to the existing contract until the new contract took effect, i.e. from 1 October 2004 to 31 March 2005.
(Reference: Report by Director of Corporate Services of 7 December 2004, submitted)
SC196 ACCEPTANCE OF TENDER FOR CONSTRUCTION OF STIRLING WESTERN ACCESS ROAD: STAGE 3 – CONTRACT VALUE IN EXCESS OF £500K
Stage 3 of the Stirling Western Access Road between Raploch Road and Back o’ Hill Industrial Estate was the final remaining section of the route to be constructed, forming a by-pass of Raploch for through traffic.
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc The Scottish Executive had awarded Stirling Council pump prime funding in June 2004 of £6 million to initiate the Raploch Regeneration Project. The Raploch Partnership Board agreed that these funds be committed towards the required infrastructure works to enable re-development to take place. The early completion of the Stirling Western Access Road was essential to the re-development proposals, and should therefore be funded from this award.
A report by the Director of Environment Services sought approval to accept the recommended tender in respect of the works contract for the construction of Stage 3 of the Stirling Western Access Road. The Scottish Executive had also selected, supported and funded the Raploch Regeneration Project to introduce a Community Benefit Clause into the procurement process, which had been included as a core element of the tender documentation for the Stirling Western Access Road. Seven selected contractors submitted completed tenders by 19 November 2004 with the lowest tender value (after checking) submitted by Stirling Council - Roads Repair Service. Land acquisition for this project was in the process of being concluded and the voluntary/compulsory acquisition of all lands would be completed by early January 2005.
Decision
The Council agreed to accept the tender submitted by Stirling Council - Roads Repair Service for the construction of Stage 3 of the Stirling Western Access Road.
(Reference: Report by Director of Environment Services, undated, submitted)
SC197 ACCEPTANCE OF TENDER FOR CONSTRUCTION OF PARK AND RIDE FACILITY AT SPRINGKERSE, STIRLING – CONTRACT VALUE IN EXCESS OF £500K
Stirling Council had been awarded £2,555,000 through the Scottish Executive’s Public Transport Fund 2003/4 for the development of the Stirling east west public transport corridor, which included the provision of two park and ride facilities on the eastern and western peripheries of the city, bus priority routes from each site to the city centre and cycle and pedestrian infrastructure.
The site selected for the park and ride facility, which could accommodate 205 parked cars, bus stance and turning area, and passenger facilities, was within Springkerse Retail Park, adjacent to Muirton Roundabout on the A91 Eastern Distributor Road. A Report by the Director of Environment Services sought approval to accept the recommended tender in respect of the contract of the Park and Ride Facility.
Decision
The Council agreed to accept the tender submitted by Luddon Construction Limited amounting to £884,988.03 for the construction of the Park and Ride Facility at Springkerse.
(Reference: Report by Director of Environment Services, undated, submitted)
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc SC198 ACCEPTANCE OF TENDER FOR THE RESTORATION OF LOWER POLMAISE LANDFILL SITE: PHASES 3 & 4 – CONTRACT VALUE IN EXCESS OF £500K
Stirling Council’s landfill site at Lower Polmaise, was officially closed on 16 August 2004, in accordance with the extended waste management licence authorised by the Scottish Environment Protection Agency (SEPA). In order to comply with the closure requirements of the current site licence, the remediation and restoration of Lower Polmaise required to be completed in full by the end of 2006.
In September 2004, Stirling Council invited tenders for the restoration Phases 3 & 4 of Lower Polmaise Landfill Site. Six selected contractors submitted completed tenders by the closing date of 22 October 2004. A report by the Director of Environment Services sought approval to accept the most economically advantageous tender in respect of the works contract for the restoration of Lower Polmaise Landfill Site: Phases 3 & 4.
Decision
The Council agreed to accept the tender submitted by Cheetham Hill Construction Ltd amounting to £3,206,903.57 for both Phases 3 & 4 of the Restoration of Lower Polmaise Landfill Site.
(Reference: Report by Director of Environment Services of 23 November 2004, submitted)
The remaining items of business were discussed in public.
SC199 GOVERNANCE, RESOURCES AND PERFORMANCE GROUP Following on from the discussion earlier in the Meeting, Members recognised that the statutory audit functions within the remit of the GRPG required to be considered even though the GRPG schedule of meetings had been suspended.
Decision The Council agreed:- 1. to establish a short term Audit Committee to deal with the statutory audit functions formerly within the remit of GRPG; 2. to appoint Councillors Tom Coll (Chair), Corrie McChord and Pat Greenhill to the Audit Committee. 3. to instruct the Director of Corporate Services to prepare a remit for the Audit Committee.
(Reference: Report by Director of Corporate Services of 7 December 2004, submitted)
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc SC200 COMMUNITY HEALTH PARTNERSHIPS
The NHS White Paper ‘Partnership for Care’ provided the context for Community Health Partnerships (CHPs) and required Local Health Care Co-operatives to evolve into CHPs which would have a more consistent and enhanced role in service planning and delivery working as part of an integrated health and social care system. There would be three CHPs in the Forth Valley area reflecting the three local authority areas. The Stirling CHP had been developed in partnership with the Council and built on existing Community Planning and Council mechanisms to minimise duplication of planning structures. A report by the Director of Corporate Services appraised the Council on the development of the Stirling CHP and sought approval of the Scheme of Establishment for submission to the Scottish Executive in December 2004. The Forth Valley Scheme of Establishment which set out the principles of how each of the three CHPs would operate required to be submitted to the Scottish Executive by 24 December 2004. The Scheme and Stirling CHP Development Plan had been issued with the agenda as a separate volume.
Decision
The Council agreed:-
1. to note the progress on the development of the Stirling CHP and associated timescales for implementation on 1 April 2005;
2. to approve the Forth Valley Scheme of Establishment and Stirling CHP Development Plan for submission to the Scottish Executive by 24 December 2005.
(Reference: Joint Report by Directors of Community and Corporate Services of 11 November 2004, submitted)
SC201 JOINT HEALTH IMPROVEMENT PLAN – WORKING TOGETHER FOR A HEALTHIER STIRLING 2004-2008
In Scotland each Local Authority required to develop a Joint Health Improvement Plan for their area as part of its duty to lead on community planning. The Stirling Community Planning Partnership Joint Health Improvement Plan was the outcome of discussion, careful consideration and planning between partner organisations and between organisations and communities over the last two years. The Plan would be responsive to local health needs in the broadest sense, national and local priorities and outline service interventions that aimed to produce positive health outcomes through the application of best practice approaches via community planning processes.
At the June 2004 meeting of the Council it was agreed that the draft Joint Health Improvement Plan be subject to a process of public consultation with a view to presenting the final draft to the Council in December 2004 and the World Health Organisation no later than the end of December 2004. This exercise took place October-November 2005 and a total of 33 formal responses had been submitted to the Stirling Community Planning Partnership Team. A report by the Director of Corporate Services provided a summary of the main comments at Appendix 1 and invited the Council to approve the content of the Plan.
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc Decision
The Council agreed to approve the content of the Stirling Community Planning Partnership Joint Health Improvement Plan.
(Reference: Report by Director of Community Services of 6 December 2004, submitted)
SC202 ANTI-SOCIAL BEHAVIOUR ETC (SCOTLAND) ACT 2004
The Anti-Social Behaviour etc. (Scotland) Act 2004 was designed to provide a framework for action which was intended to remove the feeling of hopelessness that had developed around anti-social behaviour in many communities across Scotland. The Scottish Executive had issued guidance to the main parts of the Act, and in this had recommended that Community Safety Partnerships should be viewed as the local vehicles through which Council wide approaches to local implementation were delivered. A report by the Director of Regeneration Services updated Members on the contents of the Anti-Social Behaviour etc. (Scotland) Act 2004 and sought approval for a partnership approach to local implementation.
Resources had previously been allocated to prepare the ground for implementation of the Act with the first round monies being ring-fenced to the Building Strong, Safe Attractive Communities initiative (Community Safety Wardens). The second round of resources was intended to support the development of Anti-Social Behaviour Strategies themselves and a revised proposal for spending these resources was outlined in Appendix 2 to the report.
Three year financial allocations in the form of Anti-Social Behaviour Strategy Local Outcome Agreements (LOA) had been provided for in the Scottish Executive’s Spending Review 2005-2008. Work was currently underway on the development of the Strategy, in anticipation of further guidance on the preparation of the LOA in early 2005.
Decision
The Council agreed:-
1. to approve the approach outlined to the development of an Anti-Social Behaviour Strategy for the Stirling Council area;
2. the proposals for spend of the second round Anti-Social Behaviour Funding;
3. to establish a short life Member/Officer Group to consider anti-social behaviour and criminal justice issues with Member representation comprising, Councillors Ann Dickson, David Lonsdale, Corrie McChord and John Paterson.
(Reference: Report by Director of Regeneration Services/Co-Chair – Development & Community Safety Group of 23 November 2004, submitted)
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc SC203 AFFORDABLE HOUSING AND CIVIC GAIN
The Council was taking forward some developments on land, which it owned where housing was being proposed to provide cross funding for other elements of the development. In such developments if the proposed housing was to contain affordable housing, the resources available for cross funding would not be maximised. A report by the Director of Environment Services proposed that where housing developments included an element of ‘Civic Gain’ that the requirement for affordable housing could be reduced or removed.
Civic Gain was defined as:-
• The reprovisioning of any Council facilities, and the Provision of New Council Facilities.
• Physical Regeneration.
• Civic Spaces and Town Centre Improvements.
• Transport and Road Improvements not required because of the development.
To ensure consistency, the proposed policy would relate not only to those developments containing housing elements led by the Council, but would also be applicable to developments where the Council had identified that a ‘Civic Gain’ was required.
Decision
The Council agreed:-
1. that in those residential developments where there was identifiable Civic Gain, that the requirement for Affordable Housing could be flexibly applied, to adopt the Supplementary Planning Guidance on Civic Gain and Affordable Housing detailed in Appendix 3 to this minute;
2. to note that reports monitoring the performance of the Local Housing Strategy and the Development Plan in providing Affordable Housing and other gains would be prepared.
(Reference: Report by Director of Environment Services of 12 November 2004, submitted)
SC204 RECONFIGURATION OF COMMUNITY SERVICES
A report by the Director of Community Services proposed a re-configured Head of Service structure for Community Services, including the relocation of certain service units from other services of the Council. The rationale for the reconfiguration included consideration of:
a. Financial and efficiency targets.
b. The redesign of Community Services to better reflect the Council’s Corporate Plan and the creation of new partnerships.
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc c. The future development of the service in relation to the wider external environment.
It was proposed that two new Head of Service posts be created; Head of Service: Libraries, Learning, Communities & Culture and Head of Service: Sport, Youth and Support for People. The current posts of Head of Service: Libraries, Heritage & Culture; Head of Service: Community, Learning and Development; and Head of Service: Sport Leisure and Youth would no longer exist. It was also proposed that the Head of Service Community Care (also the Council’s Chief Social Worker) would continue without change meantime and the title of the post of Head of Strategic Support be changed to Head of Performance and Resources. Appendix 2 to the submitted report outlined the proposed Head of Service structure and the groupings of functions within each remit.
The Director of Community Services explained that discussions would be held with Corporate Services about a possible transfer of Archives to Community Services and that further consideration would be given as to how best to deal with support for Community Councils as part of the Community Governance Strategy. It was also proposed that the Skills Development Team transfer from Regeneration Services to Community Services which should enable a more integrated approach to assisting unemployed people to re-enter the world of work or to enable adults with disabilities to enter work for the first time.
It was recommended that arrangements for filling the new Head of Service posts be put in place early in 2005 following which the new structure be implemented from 1 April 2005. A paper with proposals for the management structure below Head of Service level would be brought forward to the Council meeting in June 2005.
Decision
The Council agreed:-
1. to approve the deletion of the current posts of Head of Service: Libraries, Heritage & Culture; Head of Service: Community, Learning and Development; Head of Service: Sport, Leisure & Youth;
2. to approve the creation of the new posts of Head of Service: Libraries, Learning, Communities & Culture; Head of Service: Sport, Youth and Support for People and that the Organisational Change Policy would apply in terms of appointment to these posts;
3. the proposed timescale for the new posts;
4. to remit to the appropriate Directors to bring forward to the June meeting of Council proposals for the implementation of proposed transfers from other Services as detailed in para 4.6 of the submitted report;
5. that a report be submitted to the Council Meeting in June 2005 on detailed management arrangements below Head of Service level.
(Reference: Report by Chief Executive of 8 December 2004, submitted)
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc SC205 ECONOMIC DEVELOPMENT/STIRLING VENTURES REVIEW
In March 2004 the Council agreed to create two new Services called Environment and Regeneration Services replacing Technical and Environmental Services. A report by the Director of Regeneration Services updated Council on progress being made in respect of the review of Economic Development and Stirling Ventures teams within Regeneration Services and brought forward proposals to move the review to its final stages.
The report focused primarily on:-
• Drivers for change. • Key timescales for finalising the review • A proposal to consider the benefits or otherwise of creating a Council owned development company to deliver key economic and commercial projects, including: Forthside, Station Square, C2, Sports Village, etc.
The proposals included the transfer of the Skills & Training Team from Regeneration to Community Services, which would allow the development of a robust structure delivering support to adults, youth and those further removed from the job market. Greater integration between the existing Stirling Venture Team and the Commercial Property Team was suggested by locating all Economic Development Commercial Property within a single unit.
The Director of Regeneration Services intended bringing forward proposals for consideration by the Council in March 2005 on a structure for dealing with the remaining functions within Stirling Ventures and Economic Development. The revised structure would be developed to ensure that the remaining parts of the unit could be positioned in such a way as to ensure a maximum focus on Policy Research and Strategy, Marketing, City and Rural Partnerships, Tourism, Management of Arms Length Companies and Stirling Ventures.
Decision
The Council agreed:-
1. to note the progress update in respect of ongoing work being undertaken in relation to the review of STEP (Stirling Enterprise Park) and Venture Forth etc;
2. to the transfer of the Skills & Training team from Regeneration Services to Community Services with effect from 1 April 2005 as set out in the submitted report;
3. in principle to locating all Economic Development Commercial Property within a single unit rather than continue with this spread across Economic Development and Stirling Ventures as at present;
4. given the transfer of Skills & Training to Community Services and the agreement in principle to having a single unit dealing with Commercial Property (supporting Economic Development activity), that the Director of Regeneration Services bring back a detailed report on a structure for dealing
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc with the remaining functions within Stirling Ventures and Economic Development to the Council meeting in March 2005, detailing any key issues requiring to be considered in relation to the Council's Organisational Change Policy;
5. in principle the consideration of the benefits or otherwise of creating a Council owned development company within the suggested timescales.
(Reference: Report by Director of Regeneration Services of 8 December 2004, submitted)
SC206 WASTE COLLECTION: TERMS & CONDITIONS OF EMPLOYMENT AND WORKING ARRANGEMENTS
At its meeting in October 2004, the Council received a report on the outcome of the formal consultations that had taken place with the Trade Unions during the period 1 July to 30 September 2004 on revised terms and conditions of employment for Refuse Collection employees and requested that an update report be brought to this meeting.
A report by the Director of Environment Services informed the Council of the progress which had been made and confirmed that following intense detailed discussions with the Trade Unions implementation of the revised operation, which included some re-routing of the refuse routes, took place on 25 October 2004. The Head of Environment and Waste explained that over the first four weeks of the operation of the new working arrangements a much higher proportion of bins had been lifted on the designated days with reduced levels of overtime being required to complete the week’s work. As a result of implementing the revised service there had been an upturn in complaints and the level of ‘missed bins’ but these had started to decline as the crews became more familiar with the routes. As agreed with the Trade Unions, it was intended to conduct a review of the new arrangements following the first three months of operation.
Decision
The Council agreed to note the contents of the submitted report and to acknowledge that the revised terms and conditions of employment and working arrangements had been successfully implemented.
(Reference: Report by Director of Environment Services of 6 December 2004, submitted)
SC207 WINTER SERVICE: EVALUATION OF CUL-DE-SAC ROUTES
The Council had recognised the need to provide winter treatment to rural communities that were reliant upon only one cul-de-sac route for access. With a large number of cul-de-sac routes and a limited budget, all routes could not be treated and some method of comparing and prioritising them was required.
The Winter Service Policy agreed by the Environment Committee on 26 August 2004, established an objective qualifying criteria based on cumulative traffic volume for determining the standard of treatment to be provided. A report by the Director of Environment Services proposed that a similar method for comparing and evaluating cul-de-sac routes be adopted. The cul-de-sac routes for inclusion in the evaluation
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc process, which were greater than five kilometres in length, were detailed in Table 1 in the submitted report.
Decision
The Council agreed:-
1. to the collection of cumulative traffic volume figures for the cul-de-sac routes, identified in Table 1 of the submitted report, which were greater than five kilometres in length;
2. to the inclusion of additional cul-de-sac routes that met the qualifying criteria in next year’s winter treatment programme, resources permitting.
(Reference: Report by Director of Environment Services of 7 December 2004, submitted)
SC208 ILLEGAL MONEY LENDING UNIT
The Consumer Credit Act 1974 established a comprehensive code of regulation for the supply to individuals of credit throughout the UK. It provided for the licensing of those who were involved in granting consumer credit and controlled such things as the form and content of agreements, the way business was sought and transacted and placed a duty on local authorities to enforce its provisions. The Department of Trade and Industry (DTI) were funding a two-year project, based in Glasgow City Council, to tackle illegal money lending activities throughout Scotland.
The project required the co-operation of local authorities to allow the sharing of intelligence and agreement for the project team to investigate alleged illegal money lending activity outwith Glasgow City Council boundaries. A report by the Director of Environment Services sought authority for the Council to participate in the project when appropriate and to allow relevant Glasgow City Council staff to operate within the Stirling Council area. No investigations into the activities of an illegal money lender operating in an authority’s area would be instigated without the specific agreement in writing of the relevant Head of Service from the authority concerned.
Decision
The Council agreed to authorise appropriate officers of Glasgow City Council to exercise statutory powers (including where appropriate, the right to enter land and premises and to sign and issue notices) in the discharge of their duties in the Council area with regard to consumer protection and the investigation of illegal money lending in connection with the DTI illegal money lending project.
(Reference: Report by Director of Environment Services of 6 October 2004, submitted)
Councillor Tony Ffinch left the Meeting during consideration of the following item of business.
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc SC209 MOTION IN TERMS OF STANDING ORDER 24(i)
Formation of Civic Amenity Facility at Land North and Adjacent to Craigforth Roundabout, Craigforth, Stirling
Motion
“Notwithstanding any decision by the Planning Panel on 14 December to submit to Scottish Ministers a Notice of Intention to Develop for the formation of a Civic Amenity Site (Household Waste Recycling Centre) at land north and adjacent to Craigforth roundabout, Council notes that there has been no consideration by Environment Committee of all possible options for relocation of the Civic Amenity Site currently located at Lower Polmaise.
Accordingly, Council agrees that a decision on the location of a replacement Civic Amenity Site for the Stirling area will be referred to the Environment Committee and, further, that all background information and reports on alternative sites considered by the Director of Environment Services be made available to the Environment Committee as envisaged by the Policy Executive at its meetings held on 2 March and 23 March 2004."
Moved by Councillor Pat Greenhill, seconded by Councillor Gerry Power.
Direct Negative
Councillor Charlie McKean, seconded by Councillor Gillie Thomson, moved the Direct Negative.
The vote on the Motion was as follows:-
For - 8 Against - 12
The Motion was defeated by 12 votes to 8.
The Provost declared the Meeting closed at 3.15 pm
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc APPENDIX 1
QUESTION FROM COUNCILLOR PAUL NELSON FOR ANSWER BY THE CONVENER OF THE COMMUNITY COMMITTEE AT THE MEETING OF STIRLING COUNCIL TO BE HELD ON THURSDAY 16 DECEMBER 2004.
Question
“We were told the outcome of a rent review for Stirling Albion’s lease at Forthbank at the Community and Economic Development Committee meeting in October 2002. At the following Committee in January 2003 we were told that the rent review had not been implemented. Since then we have heard nothing. Has the rent review which was approved by Committee been implemented?”
Answer
The rent review has been implemented and was backdated to 1 April 2002, the date when a new agreement should have been in place. The revised rent increased the rental due from £30k per annum to £40k per annum. The review was the first for almost 10 years.
Stirling Albion Football Club has accepted the additional financial responsibilities in respect of the revised rent and has made the payments due to the Council under the new agreement.
A further rent review is due to be completed with a new rent agreement in place by 1 April 2007.
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc APPENDIX 2
Amendments to the Scheme of Delegation
1 Environment Committee
Add new specific delegations (21) and (22):-
“(21) Local authority in terms of the Fireworks Act 2003.
(22) Local authority in terms of the Land Reform (Scotland) Act 2003”
2 Planning Panel
Add a new paragraph at the end of the remit of the Panel:-
“Determination of applications, the making of notices and orders and the making of recommendations to the Scottish Ministers in terms of the Land Reform (Scotland) Act 2003, insofar as not delegated to officers.”
3 Regulatory Functions Panel Add a new paragraph at the end of the remit of the Panel:-
“The exercise of the Council’s functions in relation to dispensations from the prohibition on the use of fireworks at night and in relation to fireworks suppliers’ licences in terms of the Fireworks Act 2003, insofar as not delegated to officers.”
4 Director of Community Services
Delete delegation M61 and renumber the following delegations accordingly.
5 Director of Corporate Services
Insert a new delegation C18 (b) (iii)
“(iii) Fireworks Act 2003
(a) to determine applications for dispensations from the prohibition on the use of fireworks at night (Section 6 and The Fireworks (Scotland) Regulations 2004 (b) to determine applications for fireworks suppliers’ licences (Section 7 and The Fireworks Regulations 2004)” and renumber the following delegations accordingly.
6 Director of Environment Services
(a) Add new delegation V12:-
“Dealing with private open spaces. (Section 95).”
(b) Add new delegation V47
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc “Land Reform (Scotland) Act 2003
(a) To issue notices and orders and take necessary enforcement action. (Sections 13, 14, 15 and 23)”
(b) To determine applications for exclusions from the right of access to land for five days or less. (Section 11)
(c) Subject to no public objection and no objection from Members to the proposed recommendations notified in the Weekly Information Bulletin, making recommendations to the Scottish Ministers in respect of applications for exclusions from the right of access to land of more than five days and less than two years” (Section 11) and renumber the other delegations accordingly.
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20041216.doc Appendix 3
Supplementary Planning Guidance on Civic Gain and Affordable Housing
1. Civic Gain is defined as:-
a) The Re-provisioning of any Council facilities, and the Provision of New Council Facilities. b) Physical Regeneration c) Civic Spaces and Town Centre Improvements d) Transport and Road Improvements not required because of the development.
and is additional to other planning requirements associated with new housing, including open space, landscaping, play space, community facilities, meeting educational shortfalls and other infrastructure needs.
2. Where the Council decides that Civic Gain is desirable from a development, especially where an element of housing is introduced to cross fund the civic gain elements, then the need for affordable housing can be applied flexibly. The civic gain and the housing element will be integral parts of the business case for the development, and the civic gain will be pre-determined by the Council.
3. It is unlikely that any civic gain opportunities will be identified by any source other than the Council, however civic gain may be a requirement of private or other public sector developers. Civic gain will normally be identified through the Development Plan process.
4. It is not proposed to make the business cases involving civic gain public, however these will be subject to normal Council audit procedures.
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