STIRLING COUNCIL
MINUTES of MEETING of STIRLING COUNCIL held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on THURSDAY 19 JUNE 2008 at 10.00am.
Present: Provost Fergus WOOD (in the Chair) Councillor Neil BENNY Councillor Alasdair MacPHERSON Councillor Alistair BERRILL Councillor Corrie McCHORD Councillor Margaret BRISLEY Councillor Colin O’BRIEN Councillor Ian BROWN Councillor Gerard O’BRIEN (from Councillor Scott FARMER item SC223e) Councillor Tony FFINCH Councillor Paul OWENS Councillor Colin FINLAY Councillor Steven PATERSON Councillor David GOSS Councillor Graham REED Councillor John HENDRY Councillor Andrew SIMPSON Councillor Graham HOUSTON Depute Convenor Jim THOMSON Councillor Graham LAMBIE
In Attendance:
Jim Boyle, Chief Accountant, Corporate Services Tony Cain, Head of Housing, Environment Services Irene Cavanagh, Chief Social Work Officer & Head of Community Care, Community Services David Cameron, Director of Children’s Services Brian Devlin, Director of Environment Services Claire Dunbar, Committee Officer, Corporate Services Des Friel, Head of Sport, Youth & Support for People Services Janice Hewitt, Director of Community Services Bob Jack, Director of Corporate Services Lyn Kennedy, Community Governance Manager, Corporate Services Fiona Macleod, Head of Governance, Corporate Services (Clerk) Rebecca Maxwell, Assistant Chief Executive Peter Morgan, Services Manager (Planning and Policy), Environment Services Willie Watson, Head of Resources, Corporate Services Keith Yates, Chief Executive
Apologies:
An apology for absence was submitted on behalf of Councillor Callum Campbell
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Prior to the formal commencement of proceedings, the Council congratulated Matt Duncan and Adrian Crane from the Employability Service on achieving the European Social Fund Most Sustainable Project award; Youth Services’ Mark Meechan for his silver award in the YouthLink Scotland Youth Services Manager of the Year awards and Fern Milne, also from Youth Services, for winning both the award for Part Time/Sessional Youth Worker of the Year and overall Youth Worker of the Year.
The Council also welcomed back Councillor Paul Owens, who had been absent during a period of illness.
The Provost intimated his intention to alter the order of the agenda. The items were taken in the order minuted below.
SC185 DECLARATIONS OF INTEREST
There were no declarations of interest.
SC186 URGENT BUSINESS
Councillor Gerard O’Brien had circulated a Motion, which had not been included in the summons for this meeting in accordance with Standing Order 15. He had asked that another Council Member consider proposing, in his absence, that the Motion be considered as an item of urgent business. The Provost ruled that there was no reason why this issue should be considered as a matter of urgency at this meeting.
SC187 MINUTES
The following minutes were submitted for approval:-
a. Special Meeting of Stirling Council - 12 March 2008 b. Stirling Council – 13 March 2008 c. Special Meeting of Stirling Council – 27 March 2008 d. Special Meeting of Stirling Council – 10 April 2008 e. Parental Appeals Panel – 1 October 2007 f. Citizenship Appointments Panel – 17 December 2007 g. Citizenship Appointments Panel – 17 March 2008
Decision
The Council approved the Minutes of the above meetings as correct records of the proceedings, subject to the substitute Member in the Sederunt for the Citizenship Appointments Panel meeting held on 17 March 2008, being amended to read “Councillor Graham Lambie”.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC SC188 WRITTEN QUESTIONS
Nine written questions had been received in terms of Standing Order 33. The questions and answers are attached at Appendix 1 to these Minutes.
Each Member who had put a written question was allowed one supplementary question and these are also included in the Appendix.
SC189 QUESTION TIME
In terms of Standing Order 40, Members had the opportunity to put questions to the Provost, the Leader of the Council, any Executive Member or Scrutiny Committee Chair with relevant responsibility, or Chair of any other Committee or Panel regarding any business included in the Volume of Minutes circulated with the agenda for the meeting.
The following question was put:-
Volume of Minutes Page 14704 (Minutes of Meeting of the Service Delivery & Performance Committee 8 May 2008 Para SD65 – Voluntary Organisations Funding 2008/09)
Councillor Colin O’Brien asked the Portfolio holder for Community & Housing Strategy, Councillor Alasdair MacPherson, why the Smith Art Gallery & Museum had only just received its funding despite it being some 6 weeks since the decision had been taken. He also queried why the Smith’s funding had been included in this report as it was not a voluntary organisation.
Councillor MacPherson agreed to look into this and respond to Councillor O’Brien outwith the meeting.
SC190 APPOINTMENTS TO COUNCIL COMMITTEES ETC - VACANCIES
On 10 April 2008 (SC179 refers), the Council reviewed the membership of, and appointments to, the Council’s decision-making bodies, etc as a consequence of a recent change in Administration. It had been remitted to the Director of Corporate Services to seek nominations for the outstanding vacancies so that meetings could be formally constituted. Appendix 1 to the submitted report set out the subsequent nominations received from the various Political Groups and the Council was invited to endorse the appointment of these.
A number of vacancies remained unfilled as set out in the Appendix and Council was invited to make appointments as appropriate, noting the application of political balance as detailed.
The Council was also invited to (a) review the appointment of the Chair of the Cost of Residential & Respite Care Scrutiny Panel, (b) formally agree appointments of Depute Chairs to the Service Delivery & Performance Committee and Governance & Audit Committee and (c) appoint a replacement to fill a current Trustee vacancy on the Stirlingshire Educational Trust.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Councillors Colin O’Brien and Margaret Brisley agreed that it was appropriate for the Motion they had submitted in terms of Standing Order 15 for inclusion on the summons for this meeting, to be considered at this point in the proceedings.
Councillor Colin O’Brien, seconded by Councillor Margaret Brisley proposed that Council determined that membership of all Council Committees and Working Groups (except Service Delivery & Performance) should reflect the political balance of Council membership. It was further proposed that total membership of these Groups and Committees should remain as agreed at the Special Council meeting of 10 April 2008 and that the changes be implemented at the September 2008 meeting of the Council.
It was noted that although Independent Members had no right to be included on Committees to which the rules of proportionality applied, the Council could choose to include them.
Decision
The Council agreed:-
1. that a working group comprising the political Group Leaders be convened to revisit the membership of the Council’s various Committees, Panels etc to ensure that they reflected the political balance of the Council and report back to the September 2008 Council meeting;
2. that filling any subsequent vacancies on the Council’s decision-making bodies, Scrutiny Committees, Member/Officer Groups and External Organisations be deferred until the Council meeting in September 2008;
3. to appoint Councillor Tony Ffinch as Chair of the Cost of Residential & Respite Care Scrutiny Panel;
4. to defer the appointment of Depute Chairs to the Service Delivery & Performance Committee and Governance & Audit Committee until the Council meeting in September 2008;
5. to appoint Mr Hilary Moraes as a Trustee of Stirlingshire Educational Trust, and
6. to note that a Labour Group nominee was still to be appointed to the Learning Disability and Mental Health Strategic Review Group which was to meet over the Summer.
(Reference: Report by Director of Corporate Services dated 5 June 2008, submitted)
SC191 APPOINTMENTS TO PRISON VISITING COMMITTEES
The Council was requested to appoint an Elected Member to fill the vacancy on Glenochil Prison Visiting Committee and also consider how two vacancies on Cornton Vale Over 21s Visiting Committee were to be filled.
The vacancy on Glenochil Prison Visiting Committee had resulted from the Visiting Committee Member having ceased to be a member of the Council in compliance with the Prisons and Young Offenders Institutions (Scotland) Rules 1994 as Amended.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC The vacancies at Cornton Vale Over 21s Committee were a result of resignations.
The General Role of the Visiting Committee was set out in Appendix 1 to the submitted report.
Decision
The Council agreed:-
1. to appoint Councillor Paul Owens to Glenochil Prison Visiting Committee, and
2. to appoint Councillor Neil Benny and Councillor Alasdair MacPherson to Cornton Vale Over 21s Visiting Committee.
(Reference: Report by Director of Corporate Services dated February 2008, submitted)
SC192 APPOINTMENT TO THE NATIONAL PARK'S COMMUNITY PARTNERSHIP
As the Community Governance Manager, Corporate Services was leaving the Council, the Council was required to appoint a new Director to the Loch Lomond and the Trossachs National Park’s Community Partnership to fill the vacancy.
Decision
The Council agreed to appoint the Head of Governance, Corporate Services as a Director on the Loch Lomond and the Trossachs National Park’s Community Partnership to fill the vacancy.
(Reference: Report by Director of Corporate Services dated 13 May 2008, submitted)
SC193 REVIEW OF SCHOOL CROSSING PATROLS
On 23 October 2007 (EX44 refers), the Executive had adopted standards for the assessment of School Crossing Patrol (SCP) points and remitted it to the Director of Environment Services to report the results of a review of all existing crossing sites back to Executive, with recommendations on the level of service that met the adopted criteria.
On 21 February 2008 (SC131 refers), the special meeting of Stirling Council had approved a budget saving of £30k from the SCP budget.
Surveys of all the existing points had now taken place to determine whether they continued to meet the approved threshold criteria. A report submitted by the Director of Environment Services recommended a level of service based on the adopted threshold criteria and the budget available.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC The report had previously been submitted to the Council’s Executive Committee on 21 April 2008 (EX103 refers), before it was subsequently called-in to the Service Delivery & Performance Committee on 8 May 2008 (SD68 refers). That Committee had agreed to refer the report to Council and following additional comments from Members, an additional recommendation 2.2 had been added to the report to allow the 5 sites where it was proposed that the service be withdrawn to be reviewed in the new school year.
Depute Convenor Jim Thomson, seconded by Councillor Steven Paterson, moved approval of the recommendations contained in the submitted report. This Motion was subsequently withdrawn.
Councillor John Hendry, seconded by Councillor Colin O’Brien, proposed that the Council defer all decisions regarding the removal of school crossing patrols until full consultation with schools’ Parent Councils had confirmed their agreement with the proposed changes and that the results of that consultation should be brought forward to the first meeting of the Executive for ratification.
The Council, whilst noting the budgetary position, agreed that Parent Councils should be consulted and that a Working Group be set up at the earliest possible date to carry out the consultation and consider the responses prior to reporting to the Executive.
It was further agreed that the crossing for Riverside Primary School at Causewayhead Road/Castle Road should be removed immediately as it was not used by Primary School children.
It was noted that Children’s Services had been fully consulted on the proposals.
Decision
The Council agreed:-
1. to note the budgetary position;
2. to defer all decisions regarding the removal of school crossing patrols until full consultation with schools’ Parent Councils had confirmed their agreement with the proposed changes and that the results of that consultation should be brought forward to the first meeting of the Executive for ratification;
3. that a Working Group be set up at the earliest possible date to carry out the consultation and consider the responses prior to reporting to the Executive, and
4. that the crossing for Riverside Primary School at Causewayhead Road/Castle Road should be removed immediately as it was not used by Primary School children.
(Reference: Report by Director of Environment Services dated 22 May 2008, submitted)
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC SC194 ANNUAL MEETINGS TIMETABLE - AUGUST 2008 – JUNE 2009
At its meeting on 13 March 2008 (SC148 refers) the Council had agreed that the Head of Governance, Corporate Services, in consultation with the four Group Leaders, should prepare a programme of meetings based on the decisions taken at that meeting.
A proposed programme of meetings from August 2008 - June 2009 was attached as an appendix to the submitted report for approval.
Consequential changes to the Council’s Standing Orders were set out in a separate report on the agenda for this meeting.
There was some debate around the number of evening meetings proposed and the timing of these meetings. It was also suggested that there should be a review of the number of officers in attendance at meetings.
In response to a question by Councillor Colin O’Brien, the Head of Governance confirmed that the timetable for August 2009 - June 2010 would be submitted to Council for approval in December 2008.
Decision
The Council agreed:-
1. to approve the programme of meetings from August 2008 - June 2009 attached as Appendix 2 to these Minutes, and
2. to note that the meetings timetable for August 2009 - June 2010 would be submitted to Council for approval in December 2008
(Reference: Report by Director of Corporate Services dated 11 June 2008, submitted)
SC195 SUMMER RECESS - URGENT BUSINESS
In previous years, the Council had approved arrangements for dealing with urgent business during the summer recess. The Council was asked to agree that the same arrangements would operate during this year’s recess.
Decision
The Council agreed to approve the following arrangements for dealing with urgent business during the summer recess:-
• for urgent matters where a policy decision had already been taken by Council and where budget or other financial provision existed, officers would consult the Director of Corporate Services, Provost/Depute Convenor of Council, relevant Portfolio Holder or Chair of the appropriate Committee and, as appropriate, the Leader of the Council and Chief Executive before a decision was taken;
• details of decisions taken would be submitted to Council/Committees following the recess, and
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC • where an urgent decision was required which involved new policy or a change to existing policy or incurring expenditure not already provided for, the officer would consult the Director of Corporate Services and, if required, the Provost/Depute Convenor of Council or Chair of the appropriate Committee would agree to convene a special meeting of Council or the Committee concerned.
(Reference: Report by Director of Corporate Services dated 9 May 2008, submitted)
SC196 REVISIONS TO STANDING ORDERS
At its special meeting on 10 April 2008 (SC179 refers), the Council had approved a number of changes to the composition and membership of Committees, Panels and Member/Officer Groups. It had been remitted to the Director of Corporate Services to amend the Council’s Standing Orders in accordance with the decisions taken. The revised Standing Orders were now brought forward for approval.
The opportunity had been taken to incorporate provision for Appraisal Panels and standardisation of quorums as a result of changes in Committee/Panel compositions.
A report detailing proposed revisions to the Scheme of Delegation would be submitted to Council after the recess.
In response to a question by Councillor Alasdair MacPherson, the Clerk agreed that when submitting future reports to Council on amendments to Standing Orders, the amendments should be clearly highlighted.
An amendment by Councillor Neil Benny was withdrawn following advice from the Clerk.
Decision
The Council agreed:-
1. to adopt, with immediate effect, the revised Standing Orders for the regulation of Council business and proceedings at meetings of the Council’s decision making bodies attached as Appendix 3 to these Minutes;
2. that when future reports were submitted to Council on amendments to Standing Orders, the amendments should be clearly highlighted, and
3. to note that a report on revisions to the Council’s Scheme of Delegation would be submitted to the Council after the Summer recess.
(Reference: Report by Director of Corporate Services (undated), submitted)
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC SC197 SCHEME OF DELEGATION - REVISION
Appendix 6 of the Council’s Scheme of Delegation set out the Council’s Statutory Appointments to Officers. The Corporate Governance Manager had recently left the employment of the Council and as a result, the statutory duties he undertook had been re-allocated on a temporary basis by the Director of Corporate Services pending the outcome of a review of the Council’s Corporate Governance arrangements. These re-allocated duties now required to be approved by Council and consequential amendments made to the Scheme of Delegation as set out in the Appendix to the submitted report.
The duties commenced on 25 March 2008 and had been allocated on an interim basis for a period of one year to 31 March 2009.
Decision
The Council agreed to:-
1. note that Liz Duncan had been appointed as Solicitor to the Council for a temporary period until 31 March 2009; and would undertake delegated functions covering a range of Proper Officer functions set out in the Local Government (Scotland) Act 1973, Sections 190, 191, 193, 197, 202-204; the Civic Government (Scotland) Act 1982, Section 113; and the Requirements of Writing (Scotland) Act 1995, Paragraph 4, Schedule 2;
2. appoint Peter Farquhar as Clerk to the District Court, Clerk of the Peace and Clerk to the Licensing Board – District Courts (Scotland) Act 1975, Sections 7 and 18; and Licensing (Scotland) Act 1976, Section 7 until 31 March 2009; and
3. approve the amended Appendix 6 to the Scheme of Delegation as set out in the Appendix 4 to these Minutes.
(Reference: Report by Director of Corporate Services (undated), submitted)
The Provost agreed to a short adjournment at this point in the proceedings
The meeting reconvened at 12.10pm
SC198 PERFORMANCE APPRAISAL – CHIEF EXECUTIVE/DIRECTORS/ASSISTANT CHIEF EXECUTIVE
The Chief Executive, Directors and Assistant Chief Executive had prepared their draft self-assessment reports for consideration by the relevant Appraisal Panels and, in respect of Directors and Assistant Chief Executive, by the Chief Executive.
The Chief Executive’s, Director of Corporate Services’, Director of Environment Services’ and Assistant Chief Executive’s actions had been circulated to Members prior to the Council meeting and were tabled on the day. The Director of Children’s Services’ and Director of Community Services’ Appraisal Panels had not met before the Council meeting and, therefore, their action plans would be submitted to the first meeting of the Council following the Summer recess.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC As soon as the process was concluded, a review would be undertaken by the Panel, facilitated by Frontline Consultants. The Panel’s recommendations would also be submitted to the first meeting of Council following the Summer recess.
In response to a question by Councillor Colin O’Brien, the Clerk confirmed that Members would have the opportunity to provide written feedback on the action plans.
Decision
The Council agreed:-
1. to note the targets and actions for the Chief Executive, Director of Corporate Services, Director of Environment Services and Assistant Chief Executive for the coming year, and
2. to note that the action plans for the Directors of Community and Children’s Services and the Panel’s recommendations from their review of all action plans would be submitted to Council after the Summer recess.
(Reference: Joint Report by Chief Executive and Head of Governance, Corporate Services dated 12 June 2008, submitted)
SC199 MOTION FROM THE SCOTTISH INDEPENDENCE CONVENTION – CONSTITUTIONAL FUTURE OF SCOTLAND
The Scottish Independence Convention had written to all Scottish Councils asking that they support a Motion that “this Council supports the position that the people of Stirling be allowed to vote in a referendum to determine the political future of Scotland and this Council recommends that they sign the petition “Let Scotland Decide””.
Motion
“That Council rejects the suggestion of a referendum on Scottish Independence and condemns the Administration for wasting Council time on the matter.”
Proposed by Councillor Neil Benny, seconded by Councillor Alistair Berrill
Amendment
“That this Council supports the position that the people of Stirling be allowed to vote in a referendum to determine the political future of Scotland and this Council recommends that they sign the petition “Let Scotland Decide”.”
Moved by Councillor Steven Paterson, seconded by Councillor Scott Farmer
On the roll being called the Members present voted as follows:-
For the Amendment (7)
Councillor Scott Farmer Councillor Graham Houston Councillor Graham Lambie Councillor Alasdair MacPherson
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Councillor Steven Paterson Depute Convenor Jim Thomson Provost Fergus Wood
Against the Amendment (5)
Councillor Neil Benny Councillor Alistair Berrill Councillor Ian Brown Councillor Tony Ffinch Councillor Graham Reed
Not Voting (8)
Councillor Margaret Brisley Councillor Colin Finlay Councillor David Goss Councillor John Hendry Councillor Corrie McChord Councillor Colin O’Brien Councillor Paul Owens Councillor Andrew Simpson
The Amendment was carried by 7 votes to 5 with 8 Members not voting and became the Substantive Motion
The vote on the Substantive Motion was as follows:-
For the Substantive Motion (7)
Councillor Scott Farmer Councillor Graham Houston Councillor Graham Lambie Councillor Alasdair MacPherson Councillor Steven Paterson Depute Convenor Jim Thomson Provost Fergus Wood
Against the Substantive Motion (13)
Councillor Neil Benny Councillor Alistair Berrill Councillor Margaret Brisley Councillor Ian Brown Councillor Tony Ffinch Councillor Colin Finlay Councillor David Goss Councillor John Hendry Councillor Corrie McChord Councillor Colin O’Brien Councillor Paul Owens Councillor Graham Reed Councillor Andrew Simpson
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Decision
The Substantive Motion fell by 13 votes to 7 and accordingly the Council took no decision on this matter.
(Reference: Report by Director of Corporate Services dated 26 May 2008, submitted)
SC200 FINALISED STRATEGIC PLAN 2008 –2012 & SINGLE OUTCOME AGREEMENT
At its meeting on 13 March 2008 (SC153 refers) the Council had approved the commitments and high level actions it wished to see developed into its Strategic Plan for 2008 – 2012. The Council had also approved draft outcome indicators to support the Strategic Plan and form the basis of the Council’s Single Outcome Agreement. Elected Members had recognised that further work was required to develop the headline commitments and actions into the finalised Strategic Plan. The Single Outcome Agreement required the identification of targets and milestone delivery dates. A report submitted by the Chief Executive set out the finalised Strategic Plan (Annex A) and Single Outcome Agreement (Annex B).
The report also provided details of the involvement of the Stirling Community Planning Partnership in the development of the Single Outcome Agreement; plans to communicate, and to engage with the wider Community on the Strategic Plan and Single Outcome Agreement and the Performance Management arrangements under development for the Strategic Plan and Single Outcome Agreement.
The Chief Executive advised that the Scottish Government Minister for Finance & Sustainable Growth would be visiting the Council on 30 June to sign off the Single Outcome Agreement.
Councillor Alistair Berrill referred to Single Outcome Agreement indicator SC16 (proportion of housing stock that is social rented) and proposed that this be amended to an outcome that was either a percentage increase in the number of social rented housing or a target number of social rented houses. The Council approved this amendment and agreed that the Director of Environment Services and the Assistant Chief Executive should insert a suitable form of wording into the Single Outcome Agreement before it was signed off, and circulate a copy to Members for information.
The Director of Environment Services agreed to give Members a detailed breakdown of total house building across the social rented and private sectors outwith the meeting. It was noted that a report would be submitted to Council after the Summer recess setting out a proposed strategy for social rented housing in Stirling. The findings of the recent Housing Land Audit would also be made available to Members.
In response to a statement made by Councillor Graham Reed, the Depute Council Leader confirmed that the Administration would support moves to reduce the Council’s carbon footprint, with the aspiration of carbon neutrality.
Members congratulated Chief Executive’s Services on an excellent piece of work.
Decision
The Council agreed:-
1. to approve the proposed Strategic Plan for the period 2008 – 2012;
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC 2. to approve the targets identified in the Single Outcome Agreement, with the exception of indicator SC16 which was to be amended to an outcome that was either an increase in the number of social rented housing or a target number of social rented houses. The Director of Environment Services and the Assistant Chief Executive to insert a suitable form of wording into the Single Outcome Agreement before it was signed off, and circulate a copy to Members for information.
(Reference: Report by Chief Executive dated 11 June 2008, submitted)
SC201 JOINT WORKING - STIRLING AND CLACKMANNANSHIRE COUNCILS
In June 2006 Stirling and Clackmannanshire Councils had agreed to consider the potential for joint working, based on the premise that the two Councils would retain political independence but that the management of services could be integrated.
A feasibility study had been commissioned from external consultants, with the support of and funded by the Scottish Government. SOLACE Enterprises was appointed to draw together work undertaken by Council employees, IPF (public finance consultants), Price-Waterhouse-Cooper (ICT consultants) and Mackay Hannah (public sector management consultants).
The feasibility study was completed in April 2008 and had concluded that there was potential, through collaboration between the two Councils, to improve service quality and achieve efficiencies. The study had been circulated to Elected Members in both Councils.
The core proposal emerging from the study proposed an incremental process which would start by considering a small number of services for collaborative working. This approach had been considered by the Joint Monitoring Group on 14 May 2008 and was recommended as the way forward.
Members suggested that a critical examination of the services that could provide the most efficiencies for the Council was required. For this reason, Councillor Scott Farmer proposed that the services to be considered for collaborative working should not be prescribed at this stage. The Council agreed to amend recommendation 2.1.4 to read “Agrees that in the first instance, a small number of services, possibly to include the following, be examined in detail with a view to determining whether there are benefits to be achieved…”.
Decision
The Council agreed:-
1. to note the feasibility study funded by the Scottish Government carried out by SOLACE Enterprises incorporating work by IPF, Price-Waterhouse-Cooper and Mackay Hannah;
2. to re-affirm the Council’s commitment to collaborating with Clackmannanshire Council to improve service quality and achieve efficiencies;
3. that joint working be pursued where demonstrable benefits could be achieved by each Council and where each Council could retain its independence, and
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC 4. that in the first instance, a small number of services, possibly to include the following, be examined in detail with a view to determining whether there were benefits to be achieved:-
• Information Technology
• Cleaning and Catering
• Education Quality Improvement
• Internal Audit
• Fostering and Adoption
(Reference: Report by Chief Executive dated 11 June 2008, submitted)
SC202 CHIEF SOCIAL WORK OFFICER – ANNUAL REPORT 2007/08
The Chief Social Work Officer (CSWO) presented her eighth annual report to Council. The full annual report had been made available to Members prior to the Council meeting.
The CSWO’s statutory responsibilities were carried out in accordance with section 3 of the Social Work (Scotland) Act 1968, as amended, and involved all areas of Social Work within Children’s and Community Services. The Annual Report noted the main activities for the CSWO for 2007/08, and provided an overview of key areas of service delivery and developments.
In terms of Service Delivery & Performance, key indicators, with related comments, were reported in Part 2 of the full annual report. The indicators had recently been finalised and would be subject to external audit.
The report advised that in the past year, services had continued to deliver and develop within partnership arrangements. There was clear evidence of increased demand, but also of substantially increased complexity around individual circumstances. The focus on personalisation and the co-production of service which ensured individual citizens achieved greater control, had begun to gain a higher profile. The equal focus on achieving operational outcomes through more cost- effective service and contracting provided the potential dichotomy that would be the centre of debate for future Social Work Service delivery. There remained the challenge of ensuring required levels of human resources with relevant skills and the need to resource effective workforce planning.
Progress nationally on the 21st Century Review of Social Work Services ‘Changing Lives’ had been re-invigorated. A number of guidance documents from each of the five programmes would be produced in the course of this year. This would include new guidance on the role of the CSWO with greater emphasis on access to Elected Members and on overseeing Social Work Practice Governance. Agencies would also be expected to embrace the wider programme changes at local level. Of significance was the emphasis on the role of Universal Services. The Review noted that the current approach to Social Work was not sustainable long term, with the need for preventative action to be embedded in Universal Services.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC External regulation had long been both a benefit and a diversion of resources due to the extent of agencies and commensurate work involved. Following the Crerar Review in September 2007, five national working groups had been established to develop the Review’s recommendations. It was anticipated these would report soon. Stirling Council would be subject to a Social Work Inspection Agency full performance review from July/August this year, in addition to working through action following other recent inspections.
Following introduction of the report, the CSWO answered questions from Members on the following:-
• Hospital discharge rates • Positive Changes and other preventative work • Information sharing • Charges for food preparation • Scottish Social Services Council registration • Substance misuse • Kinship Care
It was noted that a report would be submitted to Council at a future date on the National framework for Free Personal care.
It was also noted that some of the key concerns arising from the CSWO report would be addressed in the MAISOP Action Plan which had been the subject of a report to Council on 13 March 2008 (SC165 refers).
Decision
The Council agreed:-
1. to note the Chief Social Work Officer’s Annual Report, and
2. to note that the draft Statutory Performance Indicators for 2007/08, as detailed in Part 2 of the Annual Report, remained subject to audit.
(Reference: Report by Chief Executive dated 11 June 2008, submitted)
SC203 SCOTTISH GOVERNMENT CONSULTATION ON TACKLING POVERTY, INEQUALITY AND DEPRIVATION IN SCOTLAND – A PROPOSED STIRLING COUNCIL RESPONSE
In January 2008 the Scottish Government had issued a discussion paper on tackling poverty, inequality and deprivation in Scotland as part of their overall Economic Strategy. They sought the views of a range of stakeholders including local government on (a) how best to achieve economic growth and reduce poverty and inequality in Scotland and (b) what our respective roles could be in achieving this.
A report submitted by the Chief Executive summarised the main elements of the discussion paper and proposed a Stirling Council response.
It was noted that the deadline for consultation responses had been extended to 30 June 2008.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC In debating the report, the Council considered the correlation between the issues raised in the draft response and the Council’s Single Outcome agreement, the desire to eliminate poverty, including poverty of opportunity, and the need to build community capacity.
Officers were commended for their work.
Decision
The Council agreed:-
1. to note the Scottish Government Discussion Paper, and
2. to approve the Council’s response included at Appendix A to the submitted report, and that this be forwarded to the Scottish Government by 30 June 2008, along with a copy of the report.
(Reference: Report by Chief Executive dated 11 June 2008, submitted)
SC204 GENERAL FUND BUDGET MONITORING 2007/08 – FINAL OUTTURN
A report submitted by the Head of Resources provided details of the 2007/08 General Fund Revenue Budget final outturn position.
Balances at the end of the financial year were anticipated to be £5.771m, being 2.9% of the total General Fund budget for 2008/09, and representing the position prior to making adjustments for commitments and carry forward arrangements. The balances position after taking account of all commitments and carry forward arrangements was anticipated to be £5.619m as outlined in Appendix A to the submitted report. Although the reported outturn was expected to represent the final position for 2007/08, the figures remained subject to audit.
A provision had been made in the 2007/08 accounts to meet estimated settlement costs arising from equal pay claims. Provision had already been made in the accounts for previous years and this had been updated in 2007/08 and now stood at £4.82m. This sum covered estimated compensation payments to male manual and APT&C staff, together with potential costs of secondary equal pay claims from female manual workers until ultimate implementation of single status/job evaluation. A contingent liability of £4.27m would also be disclosed in the Council’s accounts, which represented the potential additional compensation costs that the Council could incur over and above the £4.82m provision. It was noted that these sums were provisional and work continued to reach settlement with individual employees.
It was further noted that equal pay costs of £0.848m had been allocated to STOs in accordance with proper accounting practice. Of the six reported STO activities, Building Cleaning and Catering Services had incurred statutory deficits in the current year, although Building Cleaning would have made a surplus before the charging of equal pay costs. In aggregate, the STOs had incurred a statutory deficit of £0.267m in 2007/8, but this would have been a statutory surplus of £0.581m had it not been for the charging of equal pay costs.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC The 13 March 2008 Council meeting (SC155 refers) had noted the intention to exclude severance costs arising from budget decisions from carry forward arrangements under the Scheme of Devolved Budget Management. Costs of £0.580m had been incurred and would be met from balances.
The Council had also agreed that costs in relation to staff severances, loss of income and catering lease negotiations from the closure of Rainbow Slides would be met from balances in 2007/08. Costs of £0.383m had been incurred and savings arising in 2008/09 from closure of the facility would go towards balances.
In the report to Council of 13 December 2007 on the cost of looked-after children residential and respite care (SC108 refers) it had been recommended that the Council should consider the extent to which any overspend at year end may be treated as an exceptional cost under the Scheme of Devolved Budget Management. Expenditure considered by the Council to be exceptional would be a call on balances and would not be required to be recovered by Children’s Services in the 2008/09 budget year. In line with a previous Council decision, it had been proposed that the element of overspend on the children’s residential and respite care budget that was causing Children’s Services to overspend, be funded from balances. This would equate to a sum of £1.364m being met from balances.
Following introduction of the report, the Head of Resources, along with Service Directors, answered questions from Members on the following:-
• The reduction in the budget overspend for Looked After Children • The Building Cleaning and Catering outturn positions • The need to bring forward savings information to Members earlier in the financial year where possible
The Director of Children’s Services agreed to provide Members with further information outwith the meeting on recent budget savings. It was confirmed that the savings had no impact on the schools budget/frontline services.
It was stressed that in future years, all costs relating to children’s residential and respite care should be accounted for within the budget rather than overspends being dealt with as an exceptional item to be met from balances.
It was noted that further reports would be submitted to a future meeting of Council in relation to the Building Cleaning and Catering contracts.
The Council commended the Corporate Management Team, supported by the services of the Head of Resources, for the savings made in what had been a difficult budget year.
Decision
The Council agreed:-
1. to note the revenue impact arising from the retrospective costs of equal pay claims as outlined in paragraphs 3.13 to 3.15 to the submitted report;
2. to note that the costs arising from staff severances and the closure of Rainbow Slides were to be met from balances;
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC 3. to approve the exclusion of costs relating to children’s residential and respite care from carry forward arrangements under the Scheme of Devolved Budget Management, but only to the extent that this was causing an overspend for the Children’s Services budgets in totality. This would equate to a sum of £1.364m being met from balances;
4. to approve the carry forward of net budget underspends of £0.152m as set out in paragraphs 3.9 to 3.12 in line with the Scheme of Devolved Budget Management, and
5. to note that after allowing for budget carry forwards, balances available at 31 March 2008 would be £5.619m (2.8% of 2008/09 budget).
(Reference: Report by Head of Resources, Corporate Services, dated 2 June 2008, submitted)
The Provost agreed to a short adjournment at this point in the proceedings
The meeting reconvened at 2.30pm
SC205 GENERAL SERVICES CAPITAL PROGRAMME FINAL OUTTURN 2007/08
A report by the Head of Resources set out the final outturn position for the General Services Capital Programme for 2007/08. The programme had been reported to the Council and the Governance & Audit Committee in summary form throughout the financial year and also to the Service Delivery & Performance Committee with the detail of Service projections and variances. The report now submitted to Council presented the summary position but also contained detailed commentary for Services.
Appendix 1 set out the expenditure programme and compared the final outturns with the budget for each project/provision. Where legal commitments had been entered into but the budget has not been spent, these were also reflected in the report where appropriate.
As in previous reports, the programme had been split between the core programme, those budgets funded through ringfenced grants, and budgets funded via approved prudential borrowing requests. The programme in total showed an underspend of £3.876m (10% of the approved programme not spent), with £1.089m of that underspend lying within the core programme. Many of the underspends had already been reported to the Council and the scrutiny Committees, however, there had been a significant movement in the outturns from the projections reported to the Council in March.
It was noted that £1.350m of Schools Fund grant had been received by the Council, and much of the focus of officers had been on ensuring that this expenditure was given priority to avoid loss of funding.
During the debate which followed, it was noted that the Strategic Asset Management Group may ask that the Council revisits its policy on the percentage of asset sales that should be used for the direct benefit of the local community. The current policy was that any resources generated by the sale of assets were pooled to fund the general programme.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC In response to a specific question from Councillor Colin O’Brien, it was noted that the diversion of any potential uplift in the monies generated from the sale of Killearn School House towards community facilities would require a Council decision.
Decision
The Council agreed:-
1. to note the position with the General Services Capital Programme for 2007/08 as set out in the submitted report and in Appendix 1;
2. to note that legal commitments made in relation to budgets in the programme totalled approximately £2.694m, and
3. that core capital programme carry forwards of £1.089m should be rolled forward into 2008/09.
(Reference: Report by Head of Resources, Corporate Services dated 3 June 2008, submitted)
SC206 HOUSING REVENUE ACCOUNT AND HOUSING CAPITAL PROGRAMME FINAL OUTTURN 2007/08
The HRA budget for 2007/08 showed an underspend of £640,000. This mainly arose from additional grant income, increased rental income from houses, dispersed lets and commercial properties, and lower than budgeted voids & Support Service Partnership costs. The outturn, together with variances from budget, was shown in Appendix 1 to the report submitted by the Director of Environment Services.
This led to HRA balances at 31 March 2008 of £2,285,000. The Business Planning Framework for the retention of Council housing stock had been agreed by the Council at its meeting on 15 March 2007 (SC513 refers). Guidance on balances was that they should be 3% of gross expenditure, which equated to £530,000 on the budget figure. This allowed for excess balances to be used in future years to deliver the investment programme while keeping rent rises at a maximum of RPI plus 1%. Excess balances would be used in 2008/09 as the capital programme increased.
It was noted that a Business Plan Review paper had been circulated with last week’s Information Bulletin.
The Capital Programme had been budgeted to spend £7,909,000. However, the planned spend was reduced to £7,175,000 to reflect lower than anticipated receipts from council house sales. The actual spend was £7,287,000 this year, an overspend of £112,000 against the available finances. This could largely be put down to income from house sales being even lower than expected within the reduced programme. The outturn, together with variances from budget, was shown in Appendix 2.
Decision
The Council agreed:-
1. to note that the HRA final outturn showed an underspend of £640,000 for 2007/08;
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC 2. to note that this led to balances at 31 March 2008 of £2,285,000;
3. to note that the Housing Capital programme was currently projected to be £112,000 overspent, and
4. to note that excess balances would be used according to the Business Planning Framework for the retention of Council housing stock which had been agreed at Council on 15 March 2007.
(Reference: Report by Director of Environment Services dated 28 May 2008, submitted)
SC207 STIRLING COUNCIL DRAFT ACCOUNTS 2007/08
Stirling Council’s Draft Accounts for the year to 31 March 2008 had been prepared for audit. Presentation of the Draft Accounts was in accordance with the Local Authority Accounts (Scotland) Regulations 1985 which required them to be laid before the Council and submitted to the Controller of Audit by the statutory deadline of 30 June 2008. Copies of the Draft Accounts had been made available to Members.
A report by the Head of Resources outlined the key features of the financial position displayed in the 2007/08 Draft Accounts, incorporating a brief overview of the General Fund, Significant Trading Operations (STOs), pension costs, and the General Services Capital Programme. More detailed reports on General Fund, Capital Programme and Housing Revenue Account (HRA) outturns had been considered earlier on the Council agenda.
The draft accounts showed the Council ending the year with General Fund balances of £5.619m, representing 2.8% of the 2008/09 budget. This was the position after taking account of commitments and Service budget carry forwards. Although the reported outturn was expected to represent the final position for 2007/08, the figures remained subject to audit.
In response to a question by Councillor Graham Reed, the Head of Resources provided further information on the Council’s investments.
Decision
The Council agreed:-
1. to note the Draft Accounts for 2007/08 in accordance with the Local Authority Accounts (Scotland) Regulations 1985, and that these would be submitted to the Controller of Audit by the statutory deadline of 30 June 2008;
2. to note that after allowing for budget carry forwards, balances available at 31 March 2008 would be £5.619m (2.8% of 2008/09 budget), and
3. to note the improvement in the Council’s share of the net pension liability of the Local Government Superannuation Scheme.
(Reference: Report by Head of Resources, Corporate Services dated 2 June 2008, submitted)
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SC208 CONSULTATION ON THE PROPOSED LOCAL INCOME TAX
The Scottish Government were consulting on their proposals to introduce a local income tax to replace council tax on main residences. The consultation paper explained that the Government’s aim was to introduce a fairer system of local taxation based on ability to pay.
The paper gave information on the various aspects of the proposals, and asked for feedback on 24 questions. Many of these questions were aimed at individual citizens and a report by the Director of Corporate Services therefore asked the Council to consider whether it wanted to respond to 12 of these.
The closing date for responses to the consultation paper was 18 July 2008.
The Scottish Government aimed to issue a report on the consultation in Autumn 2008, and legislation in the Parliamentary session 2008/09.
Councillors Corrie McChord and John Hendry agreed that it was appropriate for the Motion they had submitted in terms of Standing Order 15 for inclusion on the summons for this meeting, to be considered at this point in the proceedings.
Motion
“That the Council rejects any attempt by the Scottish Government to introduce a centralised income tax system to replace the council tax. This is in contravention of Article 9.3 of the European Charter of Local Self Government and would seriously weaken the democratic accountability of the 32 Scottish Local Authorities to their electorates.
This Council recognises that the present council tax system should be subject to full review and other methods of collection considered, but rejects all attempts to remove the principle of local revenue raising from any future local government taxation regime.”
Moved by Councillor Corrie McChord, seconded by Councillor John Hendry
Amendment
“That Council determines not to respond to the specific questions set out in the Scottish Government’s consultation paper on local income tax. However, Council welcomes the debate about local taxation in Scotland and how best to raise funding for local government. Council believes that a local income tax based on ability to pay would be fairer than the present council tax based on the notional value of residential property. Council believes that such a major change will only succeed if the Scottish Government and Scottish Local Government work closely together to develop and implement the new system of local taxation. Council stands ready and willing to play its part in helping to develop the detail of the new system and in implementing whatever new system is eventually approved by the Scottish Parliament.”
Moved by Councillor Scott Farmer, seconded by Councillor Graham Houston
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC On the roll being called the Members present voted as follows:-
For the Amendment (10)
Councillor Ian Brown Councillor Scott Farmer Councillor David Goss Councillor Graham Houston Councillor Graham Lambie Councillor Alasdair MacPherson Councillor Steven Paterson Councillor Graham Reed Depute Convenor Jim Thomson Provost Fergus Wood
Against the Amendment (10)
Councillor Neil Benny Councillor Alistair Berrill Councillor Margaret Brisley Councillor Tony Ffinch Councillor Colin Finlay Councillor John Hendry Councillor Corrie McChord Councillor Colin O’Brien Councillor Paul Owens Councillor Andrew Simpson
There being an equality of votes, the Provost cast his casting vote for the Amendment. The Amendment was carried by 11 votes to 10 and became the Substantive Motion
The vote on the Substantive Motion was as follows:-
For the Substantive Motion (10)
Councillor Ian Brown Councillor Scott Farmer Councillor David Goss Councillor Graham Houston Councillor Graham Lambie Councillor Alasdair MacPherson Councillor Steven Paterson Councillor Graham Reed Depute Convenor Jim Thomson Provost Fergus Wood
Against the Substantive Motion (10)
Councillor Neil Benny Councillor Alistair Berrill Councillor Margaret Brisley Councillor Tony Ffinch Councillor Colin Finlay Councillor John Hendry
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Councillor Corrie McChord Councillor Colin O’Brien Councillor Paul Owens Councillor Andrew Simpson
There being an equality of votes, the Provost cast his casting vote for the Substantive Motion.
Decision
The Substantive Motion was carried by 11 votes to 10 and accordingly the Council agreed not to respond to the specific questions set out in the Scottish Government’s consultation paper on local income tax. However, Council welcomed the debate about local taxation in Scotland and how best to raise funding for local government. Council believed that a local income tax based on ability to pay would be fairer than the present council tax based on the notional value of residential property. Council believed that such a major change would only succeed if the Scottish Government and Scottish Local Government worked closely together to develop and implement the new system of local taxation. Council stood ready and willing to play its part in helping to develop the detail of the new system and in implementing whatever new system was eventually approved by the Scottish Parliament.
(Reference: Report by Director of Corporate Services (undated), submitted)
SC209 STIRLING DISTRICT TOURISM: EXTENSION OF PENSION GUARANTOR
VisitScotland currently employed and managed the staff at the visitor attractions owned by Stirling District Tourism (SDT) through a service level agreement, although all costs were recharged to SDT. VisitScotland wished to end this arrangement, and SDT would be taking on direct employment of the staff under a TUPE transfer.
Stirling Council currently acted as pension guarantor for the company, whose two current employees were members of the Local Government Pension Scheme (LGPS) administered by Falkirk Council. SDT had requested that the Council extended this guarantor role to cover a further 8 transferring employees who were already members of the LGPS, plus a further 2 employees who were currently members of non local government schemes.
Decision
The Council agreed:-
1. to extend its current role as pension guarantor for Stirling District Tourism from the two existing pension fund members to a total of twelve who would be in the scheme following the TUPE transfer of staff to the company from VisitScotland, and
2. to note that the pension deficit at the point of transfer would be approximately £18,000, but that it would be met by Stirling District Tourism Limited and VisitScotland and there would be no call on the Council to contribute to the funding of the deficit.
(Reference: Report by Director of Environment Services dated 11 June 2008, submitted)
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SC210 HOMELESSNESS PREVENTION STRATEGY
At its meeting on 31 January 2008 (SC126 refers) the Council had instructed officers to bring forward a homeless prevention strategy for consideration and approval. A report submitted by the Director of Environment Services set out the Council’s current approach to prevention and some of the evidence around the best approach to action in this area.
The report made specific recommendations on the broad objectives to be adopted in developing a prevention strategy and identified some early actions to improve the Council’s current approach to prevention and to develop the Service further.
Motion
“That the Council agrees:-
1. to approve the overall objectives of the Council’s approach to homelessness prevention and service development set out in paragraph 3.11 to the submitted report, and
2. to instruct the Director of Environment Services to implement the actions identified in paragraph 3.12.”
Moved by Councillor Alasdair MacPherson, seconded by Councillor Steven Paterson
Amendment
“That the Council agrees:-
1. to approve the overall objectives of the Council’s approach to homelessness prevention and service development set out in paragraph 3.11 to the submitted report;
2. to instruct the Director of Environment Services to implement the actions identified in paragraph 3.12, and
3. that paragraph 3.12 be amended to include the following:-
“To use the opportunity afforded by the recruitment of the two option officers to restructure the homelessness advice service around the principle of enabling homelessness advice as opposed to the provision of advice.
The Council as the largest landlord in Stirling should not be providing homelessness advice. This advice must not only be independent but be seen to be independent.
Advice to those who are seeking it should be funded by the Council but provided through third party agencies in the voluntary and charitable sectors through service level agreements.””
Moved by Councillor Neil Benny, seconded by Councillor Alistair Berrill
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC On the roll being called the Members present voted as follows:-
For the Amendment (3)
Councillor Neil Benny Councillor Alistair Berrill Councillor Tony Ffinch
Against the Amendment (17)
Councillor Margaret Brisley Councillor Ian Brown Councillor Scott Farmer Councillor Colin Finlay Councillor David Goss Councillor John Hendry Councillor Graham Houston Councillor Graham Lambie Councillor Alasdair MacPherson Councillor Corrie McChord Councillor Colin O’Brien Councillor Paul Owens Councillor Steven Paterson Councillor Graham Reed Councillor Andrew Simpson Depute Convenor Jim Thomson Provost Fergus Wood
The Amendment fell by 17 votes to 3.
Decision
The Council approved the Motion without the need for a roll call vote, and accordingly the Council agreed:-
1. to approve the overall objectives of the Council’s approach to homelessness prevention and service development set out in paragraph 3.11 to the submitted report, and
2. to instruct the Director of Environment Services to implement the actions identified in paragraph 3.12.
(Reference: Report by Director of Environment Services dated 23 May 2008, submitted)
SC211 CENTRAL LIBRARY SAVINGS
As part of the Council’s budget agreement in February 2008, Community Services had offered a partial saving of the revenue costs of running Central Library by closing the Library on Saturday afternoons.
The original savings included a reduction in hours for two part time staff and redundancy for two Saturday Assistants. Other staff undertaking additional Saturday duties over and above their present contracted hours would also be affected.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC A report by the Director of Community Services advised that since March 2008 Officers had been asked to review the Library’s operation to enable savings to be made without the need for full closure on Saturday afternoons or compulsory redundancies. A number of alternative options were considered.
The Executive at its meeting on 13 May 2008 (EX118 refers) had considered the report and agreed to recommend that Council:
1. revokes the original savings decision for Central Library due to a material change in circumstances, and
2. approves the preferred solution of providing full day core services only until 4.30 pm on Saturdays, as outlined in paragraph 3.8 to the submitted report.
In response to a question by Councillor John Hendry, the Clerk advised that the material change in circumstances was that the savings had staffing implications that the Council was not aware of at the time the budget was set.
The preferred solution would achieve the same budgetary impact through different means.
Motion
“That Council:
1. revokes the original savings decision for Central Library due to a material change in circumstances, and
2. approves the preferred solution of providing full day core services only until 4.30 pm on Saturdays, as outlined in paragraph 3.8 to the submitted report.”
Moved by Councillor Alasdair MacPherson, seconded by Councillor Steven Paterson
Amendment
“That Council agrees to reinstate the full library service savings in view of the material changes reported to the Council and to offset the additional costs from the unexpected windfalls applied to balances that were also not forecast or reported to the previous Administration when the 2008/9 budget was set.”
Moved by Councillor John Hendry, seconded by Councillor Corrie McChord
On the roll being called the Members present voted as follows:-
For the Amendment (10)
Councillor Margaret Brisley Councillor Ian Brown Councillor Colin Finlay Councillor David Goss Councillor John Hendry Councillor Corrie McChord Councillor Colin O’Brien Councillor Paul Owens Councillor Graham Reed
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Councillor Andrew Simpson
Against the Amendment (10)
Councillor Neil Benny Councillor Alistair Berrill Councillor Scott Farmer Councillor Tony Ffinch Councillor Graham Houston Councillor Graham Lambie Councillor Alasdair MacPherson Councillor Steven Paterson Depute Convenor Jim Thomson Provost Fergus Wood
There being an equality of votes, the Provost cast his casting vote against the Amendment and the Amendment fell by 11 votes to 10.
Decision
The Council approved the Motion without the need for a roll call vote, and accordingly the Council agreed:-
1. to revoke the original savings decision for Central Library due to a material change in circumstances, and
2. to approve the preferred solution of providing full day core services only until 4.30pm on Saturdays, as outlined in paragraph 3.8 to the submitted report.
(Reference: Report by Director of Community Services dated 2 May 2008, submitted)
SC212 LADYWELL PARK - CONSTRUCTION OF CHANGING PAVILION
As part of a wider redevelopment of Ladywell Park, work had been carried out to relocate the football pitch in order that an upgraded children’s play area could be located on the old site. The benefits of these works included an improvement to the play facilities for children and a better quality pitch for use by local football clubs.
The existing changing pavilion at Ladywell Park was in poor condition. Substantial funding would have been required to carry out remedial works and as the pavilion did not meet current specifications, it would not have been eligible for any funding from external organisations. A newly constructed pavilion to agreed standards would be eligible for funding.
A successful bid had been made to SportScotland for funding for a new pavilion and in addition the Council had previously agreed to set aside money from the previous Scottish Executive’s Quality of Life funding for this project.
Tenders had been received for the construction of the facility. These tenders had been evaluated and arithmetically checked and appropriate adjustments made. It was noted there was a difference of approximately £225,000 between the price of the best scoring tender and the funding currently available for this project.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC The Council meeting of 21 February 2008 (SC132 refers) had agreed that during 2008/09, capital overprogramming of up to £1m should be made, in recognition of the fact that the programme had been underspent in recent financial years. Funding for Bannockburn High School refurbishment and the provision of play equipment across the Council area had already been approved, which would leave a balance of £225,000. It was recommended that this be allocated to cover the funding shortfall for the Ladywell Pavilion project.
Decision
The Council agreed to approve the allocation of a sum of £225,000 to the Ladywell Pavilion construction project, to be funded from overprogramming of £1m in the General Services Capital Programme and to note that this fully allocated the full £1m overprogramming as set out in paragraph 4.2 to the report submitted by the Director of Community Services.
(Reference: Report by Director of Community Services dated 11 June 2008, submitted)
SC213 CLACKMANNANSHIRE AND STIRLING STRUCTURE PLAN THIRD ALTERATION
A Consultative Draft Third Alteration to the Clackmannanshire and Stirling Structure Plan had been published for consultation purposes in March 2007. Details of responses received to this consultation were contained within a report submitted by the Director of Environment Services.
Progress in moving towards a Finalised Alteration had not progressed as quickly as intended and a decision was now sought on whether to continue with the Alteration, particularly given the impending new Development Planning regulations. These regulations would require the Council to prepare a new Local Development Plan in place of the existing Structure Plan and Local Plan.
The submitted report also highlighted that Clackmannanshire Council intended to continue with the Structure Plan Alteration only in so far as it related to satisfying housing needs within Clackmannanshire.
Legislation required Councils to prepare a Strategic Environmental Assessment (SEA) for all its plans and strategies. Where there were joint authorities, one must agree to be the ‘responsible authority’ in dealing with the SEA. Stirling Council had adopted this lead ‘responsible authority’ position in taking forward the Structure Plan Alteration. In order for Clackmannanshire Council to take forward a partial Alteration to the Plan for their area, Stirling Council would be required to transfer this responsibility to them.
Motion
“That the Council agrees:-
1. to abandon the Alteration and commence work on a new Local Development Plan;
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC 2. to authorise the Director of Environment Services to notify Clackmannanshire Council and those who had made representations on the Draft Alteration, of Stirling Council’s decision and the intended timescale for taking the Development Plan forward for the Stirling Council area, and
3. not to object to Clackmannanshire Council pursuing their own Alteration and therefore to transfer responsibility of the Strategic Environmental Assessment (SEA) to them.”
Moved by Councillor Jim Thomson, seconded by Councillor Alasdair MacPherson
Amendment
“That Council agrees:
1. to continue with the Alteration and progress towards a finalised plan;
2. that a further report outlining the options available in terms of the Alteration be submitted to the Council meeting in September 2008, and
3. to advise Clackmannanshire Council accordingly.”
Moved by Councillor Corrie McChord, seconded by Councillor Margaret Brisley
On the roll being called the Members present voted as follows:-
For the Amendment (7)
Councillor Margaret Brisley Councillor Colin Finlay Councillor John Hendry Councillor Corrie McChord Councillor Colin O’Brien Councillor Paul Owens Councillor Andrew Simpson
Against the Amendment (13)
Councillor Neil Benny Councillor Alistair Berrill Councillor Ian Brown Councillor Scott Farmer Councillor Tony Ffinch Councillor David Goss Councillor Graham Houston Councillor Graham Lambie Councillor Alasdair MacPherson Councillor Steven Paterson Councillor Graham Reed Depute Convenor Jim Thomson Provost Fergus Wood
The Amendment fell by 13 votes to 7.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Decision
The Council approved the Motion without the need for a roll call vote, and accordingly the Council agreed:-
1. to abandon the Alteration and commence work on a new Local Development Plan;
2. to authorise the Director of Environment Services to notify Clackmannanshire Council and those who had made representations on the Draft Alteration, of Stirling Council’s decision and the intended timescale for taking the Development Plan forward for the Stirling Council area, and
3. not to object to Clackmannanshire Council pursuing their own Alteration and therefore to transfer responsibility of the Strategic Environmental Assessment (SEA) to them.
(Reference: Report by Director of Environment Services dated 27 May 2008, submitted)
SC214 PROPOSED REMOVAL OF BT CALL BOXES
British Telecommunications plc (BT) wished to remove a number of public call boxes (PCBs) from the Stirling Council area. Because of its Universal Service Obligation, BT was required to consult the Council before it could remove the 11 of these PCBs which sat further than 400 metres from another call box. PCBs closer than 400 metres from another call box could be removed by BT without the need for consultation.
As the role of the Council in this matter was to act on behalf of the general public, a consultation process had been undertaken which had resulted in objections from seven members of the public, two Community Councils and one Village Association. On 13 May 2008 (EX114 refers), the Executive had agreed to issue a draft decision notice of Objection to all 11 proposed removals this decision had been put in writing to both BT and the Secretary of State.
Details of PCBs in question, the consultation process and the comments received were contained in a report submitted by the Director of Environment Services.
BT had now replied and had asked that the Council issue its final decision.
It was noted that if the Council chose to issue a final decision notice of Objection, and BT did not amend its plans, the matter would be referred to the Competition Appeal Tribunal. This would have human resources and/or legal cost implications.
Decision
The Council agreed to issue a final decision notice to BT outlining the Council’s intention to formally object.
(Reference: Report by Director of Environment Services dated 26 May 2008, submitted)
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The Provost agreed to a short adjournment at this point in the proceedings
The meeting reconvened at 4.45pm
Immediately before the next item of business, the Provost advised that this would be the last Council meeting attended by Lyn Kennedy, Community Governance Manager, as she was leaving the Council to take up another position. The Council thanked Lyn for all of her good work and wished her well in her future career.
SC215 REVIEW OF COMMUNITY GOVERNANCE STRATEGY
A report submitted by the Director of Corporate Services advised that the review of the Community Governance Strategy had now been completed and would form the foundation for a further piece of work to be undertaken throughout the remainder of 2008 to develop the Council’s future direction with respect to community engagement and democratic accountability.
As part of the review process significant consultation had been undertaken with communities and Elected Members, which had identified some initiatives which could be taken forward at this time. These initiatives related to support to Community Councils (including a Community Council Enquiry System, a minuting support pilot and Data Controller registration), and to improving the accessibility and transparency of the Council’s decision-making processes (including a petitions process; live video- streaming of Council meetings; citizen comment prior to and during Council meetings using the web or text messaging; taking Council meetings outwith Viewforth; Councillor blogs and non-voting co-optees on decision making bodies).
Councillor Neil Benny, seconded by Councillor Alistair Berrill proposed that in terms of action before submitting a petition (paragraph 5 of Appendix 1 to the submitted report) there should be no expectation on petitioners other than having 25 signatures from the Stirling Council area (defined as being on the electoral roll). Other Members suggested that in smaller communities, support of the Community Council or one of the Local Members should equally validate the petition. It was agreed that further consideration be given to the petitions process and in particular the validation of a petition, over the Summer recess with a report coming back to the September meeting of Council. Decision
The Council agreed:-
1. to note that the review of the Council’s Community Governance Strategy had now been completed and that this would form the foundation for a further piece of work to be undertaken throughout the remainder of 2008 to develop the Council’s future strategic approach to community engagement and democratic accountability;
2. to note the immediate implementation of the Community Council Enquiry system by the Director of Corporate Services;
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC 3. to approve the payment of £35 per Community Council for registration as a data- controller, where information was held electronically by a Community Council and introduce a fund (initially £10,000) for the payment of Community Council minute secretaries to ensure that Community Council minutes meet the requirements of Data Protection legislation, piloting the employment of part-time post holders for either individual or clusters of Community Councils who would undertake this work for an initial period of two-years;
4. to note that Dunblane Community Council would be given the opportunity to be one of the Community Councils provided with minuting support;
5. that further consideration be given to the petitions process and in particular the validation of a petition, over the Summer recess with a report coming back to the September meeting of Council; 6. to remit it to the Director of Corporate Services to develop fully costed proposals for the Council’s BT&T and Web Services Teams to support the development of live streaming of Council meetings with linked text messaging, Elected Member blogs and the posting of constituent comments on forthcoming Agenda items, building on the possibilities initially set out in Appendix 2 to the submitted report and to be considered by Council after the Summer recess;
7. that Council meetings be held in venues across the Stirling Council area and that it be remitted to the Clerk to the Council to progress this in consultation with the Provost; and
8. that it be remitted to the Director of Corporate Services to bring forward proposals, to be considered by Council after the Summer recess, for the re- introduction of the appointment of non-voting co-optees on the Council’s decision-making bodies.
(Reference: Report by Director of Corporate Services (undated), submitted)
Councillor Colin O’Brien left the meeting Chamber at this point in the proceedings
SC216 ELECTED MEMBERS: ROLE DESCRIPTIONS/TRAINING AND DEVELOPMENT/SUPPORT ARRANGEMENTS
A report submitted by the Director of Corporate Services provided information on the outcomes from a Members’ Seminar held in December 2007 to consider Members’ Support Arrangements. This seminar had also alerted Members to the work of the Scottish Local Authorities Remuneration Committee (SLARC) and the Government’s guidance on Councillor’s Remuneration which advised Councils on the need for Councillors to have in place role descriptions; to undergo a training needs assessment; and have in place personnel development plans.
The report had been considered at a meeting of the Executive held on 13 May 2008 (EX113 refers) where Members’ views had been invited on a draft continuous Professional Development Framework issued by the Improvement Service (IS).
The Executive had also been asked to consider how it might fulfil the requirements of the Government’s guidance in light of the considerations set out in the report.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC The Executive had agreed to recommend that Council: 1. notes the work being undertaken on the outcomes from the Members’ Seminar held on 6 December 2007, as set out in paragraph 3.4 to the submitted report;
2. adopts the draft Continuous Professional Development Framework for Elected Members in Scottish Local Government being developed by the Improvement Service pending the outcome of a pilot;
3. in the event of a decision to endorse the Executive’s recommendation, remits it to the Director of Corporate Services, in consultation with Group Leaders, to develop Role Descriptions for Elected Members and establish a process for TNA and the development of PDPs for all Councillors, facilitated by the Organisational Development & Learning Team on the basis that advice would be sought from the Improvement Service on how to progress this within a pilot context, and
4. notes that a Members’ Seminar would be arranged prior to the Council meeting on 19 June 2008.
Motion
“That the Council agrees:-
1. to note the work being undertaken on the outcomes from the Members’ Seminar held on 6 December 2007, as set out in paragraph 3.4 to the submitted report;
2. to adopt the draft Continuous Professional Development Framework for Elected Members in Scottish Local Government being developed by the Improvement Service pending the outcome of a pilot, and
3. that it be remitted to the Director of Corporate Services, in consultation with Group Leaders, to develop Role Descriptions for Elected Members and establish a process for TNA and the development of PDPs for all Councillors, facilitated by the Organisational Development & Learning Team on the basis that advice will be sought from the Improvement Service on how to progress this within a pilot context.”
Moved by Councillor Graham Houston, seconded by Councillor Scott Farmer
Amendment
“That the Council agrees:-
1. to note the work being undertaken on the outcomes from the Members’ Seminar held on 6 December 2007, as set out in paragraph 3.4 to the submitted report;
2. to provide a response that states the Council’s opposition to the draft Continuous Professional Development Framework for all Elected Members in Scotland framework, outlining the following points:-
• Such a framework will compromise the independence of Councillors by integrating them into Council staffing procedures.
• Democratically elected Councillors should be responsible to their constituents and them alone.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC • Competencies by which Councillors are judged are down to the conscience of the individual constituent and Councillor and not for any outside person or body to pass judgement on.
• Councillors have a responsibility to ask for training when they feel they need it and to develop their own skills.
• Councillors are not ‘professional’ and by their very nature have an independent and non expert view.
4. not to implement the competencies outlined by the Improvement Service or any professional development framework for Councillors.”
Moved by Councillor Alistair Berrill, seconded by Councillor Neil Benny
On the roll being called the Members present voted as follows:-
For the Amendment (11)
Councillor Neil Benny Councillor Alistair Berrill Councillor Margaret Brisley Councillor Ian Brown Councillor Tony Ffinch Councillor Colin Finlay Councillor John Hendry Councillor Corrie McChord Councillor Paul Owens Councillor Graham Reed Councillor Andrew Simpson
Against the Amendment (8)
Councillor Scott Farmer Councillor David Goss Councillor Graham Houston Councillor Graham Lambie Councillor Alasdair MacPherson Councillor Steven Paterson Depute Convenor Jim Thomson Provost Fergus Wood
The Amendment was carried by 11 votes to 8 and became the Substantive Motion
Decision
The Council approved the Substantive Motion without the need for a roll call vote, and accordingly the Council agreed:-
1. to note the work being undertaken on the outcomes from the Members’ Seminar held on 6 December 2007, as set out in paragraph 3.4 to the submitted report;
2. to adopt the draft Continuous Professional Development Framework for Elected Members in Scottish Local Government being developed by the Improvement Service pending the outcome of a pilot, and
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC 3. that it be remitted to the Director of Corporate Services, in consultation with Group Leaders, to develop Role Descriptions for Elected Members and establish a process for TNA and the development of PDPs for all Councillors, facilitated by the Organisational Development & Learning Team on the basis that advice would be sought from the Improvement Service on how to progress this within a pilot context.
(Reference: Report by Director of Corporate Services dated 26 February 2008, submitted)
Councillor Paul Owens left the meeting Chamber at this point in the proceedings
SC217 MOTION FROM INVERCLYDE COUNCIL – CARRYING OF OFFENSIVE WEAPONS
Inverclyde Council had written to all Scottish Councils asking that they support the following Motion:-
“That any person convicted of carrying an offensive weapon receives a minimum custodial sentence whether the weapon was used or not. The minimum sentence can be decided by the Scottish Government after consultation with the judiciary who could implement a statute (act).”
Once comments had been received from the other Scottish Councils, the Motion would be submitted to the Scottish Government for consideration.
Motion
“That the Council agrees to support the Motion that any person convicted of carrying an offensive weapon receives a minimum custodial sentence whether the weapon was used or not. The minimum sentence can be decided by the Scottish Government after consultation with the judiciary who could implement a statute (act).”
Moved by Councillor Jim Thomson, seconded by Councillor Scott Farmer
Direct Negative
Councillor Neil Benny, seconded by Councillor Alistair Berrill moved the Direct Negative
On the roll being called the Members present voted as follows:-
For the Motion (12)
Councillor Margaret Brisley Councillor Ian Brown Councillor Scott Farmer Councillor Colin Finlay Councillor John Hendry Councillor Graham Houston Councillor Graham Lambie Councillor Corrie McChord Councillor Steven Paterson
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Councillor Andrew Simpson Depute Convenor Jim Thomson Provost Fergus Wood
Against the Motion (5)
Councillor Neil Benny Councillor Alistair Berrill Councillor Tony Ffinch Councillor David Goss Councillor Graham Reed
Not Voting
Councillor Alasdair MacPherson
Decision
The Motion was carried by 12 votes to 5 with 1 Member not voting and accordingly the Council agreed to support the Motion that any person convicted of carrying an offensive weapon receives a minimum custodial sentence whether the weapon was used or not. The minimum sentence could be decided by the Scottish Government after consultation with the judiciary who could implement a statute (act).
(Reference: Report by Director of Corporate Services dated 26 May 2008, submitted)
SC218 SINGLE STATUS AND JOB EVALUATION
A report submitted by the Director of Corporate Services updated the Council on progress with the relevant Trades Unions on Single Status and Job Evaluation.
All three Trades Unions had now had the opportunity to consider the Equalities Impact Assessment and ask detailed questions on it. Management were currently answering points of clarification.
The Trades Unions had initially indicated that it might take 8 weeks from the date of receipt of the EIA report until their ballots were held, but this timescale had proved to be unrealistic and the earliest date for ballots may now be July 2008.
Negotiations on the detailed policy statements/procedures for each of the terms and conditions had been concluded and the approach had been agreed for handling Appeals from employees who did not accept the grading placed on their post by Job Evaluation.
Work was continuing in respect of a group of employees in Waste Services, whose pays were likely to go down following the ending of bonus payments on the implementation of Job Evaluation/Single Status. The work involved the examination of allowance payments, work patterns, job content and development opportunities.
Work was also continuing across the Council to ensure that as many employees as possible had the chance to discuss and agree the “profile” which came out of Job Evaluation. This both ensured the accuracy of the Job Evaluation process and should reduce the likelihood of employees appealing their Job Evaluation when implemented.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Decision
The Council agreed to note the content of the submitted report.
(Reference: Report by Director of Corporate Services (undated), submitted)
SC219 IMPLEMENTATION OF CHILDREN’S SCRUTINY PANEL FINDINGS - UPDATE
The 2nd interim report from the Ad Hoc Scrutiny Panel on Children’s Social Work Services: Cost of Residential and Respite Care provided an update on actions taken by both the Service and the Panel in progressing the recommendations arising from the Panel’s report to Council on 13 December 2007 (SC108 refers).
These actions included:-
• Adopting a project management approach
• Preparation and agreement of a detailed Project Initiation document
• Development underway of detailed project plans for the five key work streams
• Work begun on proposals to increase in-house provision
The Panel’s report of 13 December 2007 had been produced in response to a projected overspend on the residential care placements budget, which was £0.9m in August 2007 on an original budget of £2.5m and subsequently increased to £1.9m overspend towards the end of the 2007/08 financial year.
The Council had instructed Children’s Services to minimise any overspend and had agreed earlier in this meeting (SC204 refers) to treat the remaining overspend of £1.364m as an exceptional cost to be funded from balances.
The decision taken by the Council on 21 February 2008 (SC131 refers) to increase the budget provision by £800,000 for 2008/09 would assist the service, however spend levels would still require to reduce by around £1.1m from 2007/08 levels.
Decision
The Council agreed:-
1. to note the progress made thus far in developing a comprehensive action plan, supported by project management arrangements, the key features of which were detailed in a Project Initiation Document. This document had been evaluated and endorsed by the Panel and would shortly be supported by more detailed project plans for five key work streams;
2. to note that indicative timescales for the majority of high level actions contained in the Project Initiation Document ranged over 6-18 months, with a longer term (3-5 year) timescale for the investigation and potential expansion of in- house residential facilities. The Document identified a range of actions in line with the recommendations to achieve improvements although the impact of these would not result in significant realizable financial benefits over the current financial year given the continuing pressure for care places;
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC 3. to note that in examining the viability of some of the initial draft proposals submitted by the Service, the Panel had looked at in–house residential care resources, which was not part of the residential care placements (MARG) budget and was therefore not previously examined during the Scrutiny Review. The Service may need to take early action to address the resource issues detailed in paragraph 3.7 to the submitted report;
4. to note the current position on the Residential and Respite Care budget and the Service estimate for the full year expenditure, and
5. to note the on-going pressure on the MARG (External provision) and In-house Budgets and the resulting impact on the Service and the Council’s requirement to maintain its statutory obligations for looked after children, whilst managing within the resources allocated.
(Reference: Report by Ad Hoc Scrutiny Panel on Children’s Social Work Services: Cost of Residential and Respite Care (undated), submitted)
SC220 STIRLING SCHOOLS PPP PROJECT - UPDATE
A report submitted by the Director of Children’s Services provided an update on progress to date with the Schools Public Private Partnership Project (PPP).
Construction at 4 of the 6 PPP school and community sites was now complete with the exception of some outstanding snagging and external works.
Work at St Modan’s High School had been progressing well and agreement had been reached with Stirling Gateway Limited to accept the building and achieve handover earlier than anticipated. The last phase of construction and refurbishment at McLaren High School was now underway with completion due in August 2008.
Snagging was still ongoing to a greater or lesser extent in all of the buildings. Generally this had progressed well, with the exception of the Raploch Campus where progress had been slow.
3 of the 4 school sites had now transferred ownership to Freedom Homes. The current St Modan’s site was due to be sold in July 2008.
As the project moved into its operational phase, ongoing responsibility for contract management was now passing from the Corporate Project Team to Children’s Services.
Children’s Services, Community Services and Active Stirling were engaged in discussion about how best to operate out of hours use of the PPP schools.
In response to a question by Councillor Ian Brown, the Director of Corporate Services advised that a consultants’ report examining the way the Council currently carried out asset management and facilities management, and proposing a framework for future operation, would be submitted to the Strategic Asset Management Group and then on to the Executive.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Decision
The Council agreed to note progress to date with the Stirling Schools PPP Project and in particular:-
- the programmed early handover of St Modan’s High School on 25 June 2008, 4 weeks ahead of schedule;
- the successful transfer and opening of 3 High Schools and the Raploch Community Campus, and
- the programme of ongoing works to achieve completion of all buildings by August 2008 and all external works by August 2009.
(Reference: Report by Director of Children’s Services (undated), submitted)
SC221 SUSTAINABLE DEVELOPMENT STRATEGY FIRST ANNUAL REVIEW OF ACTION PLAN AND INDICATORS
A report by the Chief Executive advised that the Council’s first Sustainable Development Strategy had been adopted in December 2006. A Strategy Action Plan and Indicators were adopted in March 2007. The Strategy Action Plan set out how the Council intended to implement the commitments made in the Strategy by identifying activities, outputs and outcomes for each Service. Sustainable Development Indicators measured environmental, social and economic conditions in an area and helped inform and improve performance on sustainable development.
The Strategy, Action Plan and Indicators provided the Council with a framework to monitor, review and, if necessary, amend policies and practice as part of its commitment to sustainable development. In order to target effort in addressing the sustainability agenda, 4 Priorities for Action had been identified in the Sustainable Development Strategy: climate change and energy, sustainable communities, consumption and procurement, and protection and enhancement of the natural environment.
A copy of the document detailing activity that had taken place in support of the Strategy Action Plan during 2007/08 had been made available to Members. Appendix 1 to the submitted report provided a baseline of Sustainable Development Indicators against which future trends could be measured.
The following points were noted during the debate which followed:-
• The Corporate Management Team would be considering how best to reduce the Council’s energy consumption.
• The Head of Housing had begun to look at guidelines for sustainable design for use in the Council’s house building programme.
Decision
The Council agreed:-
1. to note and approve progress made to date on the Sustainable Development Strategy Action Plan and Indicators, and
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC 2. to remit it to the Stirling Action Towards Sustainability Member Officer Group to:-
• consider and agree modifications to the Indicator set;
• adopt targets for the Indicator set over which the Council had direct control;
• consider potential options for more effective delivery of the sustainable development agenda and report their conclusions to a future Council meeting.
(Reference: Report by Chief Executive dated 11 June 2008, submitted)
SC222 SCOTLAND’S CLIMATE CHANGE DECLARATION: FIRST ANNUAL STATEMENT
All 32 Scottish local authorities had signed Scotland’s Climate Change Declaration during the Winter of 2006/07. Stirling Council had signed the Declaration on 16 January 2007.
The Declaration listed 7 commitments for action, one of which was to publish (by mid June 2008) an annual statement on the monitoring and progress of the Council’s climate change response.
The proposed Stirling Council Annual Statement for 2008 was attached at Appendix 1 to the report submitted by the Chief Executive, and was based on guidance and templates issued by the Sustainable Scotland Network.
Following the May 2007 elections, an updated version of Scotland’s Climate Change Declaration had been developed. There were no substantive changes to the text or the framework it established for local government action. Some Councils had held resigning of the Declaration events to affirm commitment to the Declaration amongst new Councillors and to raise the profile of the Council’s work on climate change.
A number of Community Planning Partnerships had encouraged Partners to sign Scotland’s Climate Change Declaration and it was suggested this also be encouraged in Stirling.
Decision
The Council agreed:-
1. to note and approve the draft Climate Change Declaration Annual Statement attached at Appendix 1 to the submitted report as Stirling Council’s response to the commitment to publish progress on the Council’s climate change response, and
2. to re-sign the updated version of Scotland’s Climate Change Declaration to reaffirm commitment to the Declaration and to raise the profile of the Council’s work on climate change. The re-signing to coincide with publication of the Council’s Annual Statement, and
3. to encourage Community Planning Partners to sign the Declaration.
(Reference: Report by Chief Executive dated 11 June 2008, submitted)
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC
SC223 MOTIONS IN TERMS OF STANDING ORDER 15
a) Support For The Upgrade to the A82
“The Council notes the high accident rate on the section of the A82 between Inverarnan and Tyndrum. It further notes that the road is in a poor state of repair.
The road as a Trunk Road is maintained by Transport Scotland.
The Council supports the campaign to upgrade this road. The Council mandates the Council Leader and Chief Executive to lobby Transport Scotland to this effect”.
Moved by Councillor Tony Ffinch, seconded by Councillor Neil Benny
A briefing note on the condition of the road and accident statistics was tabled for Members information.
Decision
The Council approved the terms of the Motion and accordingly agreed to note the high accident rate on the section of the A82 between Inverarnan and Tyndrum. It further noted that the road was in a poor state of repair and that the road as a Trunk Road was maintained by Transport Scotland.
The Council supported the campaign to upgrade this road and mandated the Council Leader and Chief Executive to lobby Transport Scotland to this effect.
b) Advertising and Sponsorship
“That Council instructs the Director of Environment Services to bring forward a report on permitted advertising and sponsorship opportunities to the Council meeting in September 2008, as agreed at the meeting of the Executive on 13 February 2007 (para. EX129 refers).
This report to include a policy which will take into account (a) the use of A Boards in retail parks and recognise that retail parks should be treated differently to the City Centre, where there is a high number of pedestrians and (b) the concerns raised by the Forth Valley Macular Disease Support Group in relation to A Boards in Stirling City Centre. A suitable policy must satisfy both groups”.
Moved by Councillor Ian Brown, seconded by Councillor Neil Benny
Decision
The Council approved the terms of the Motion and accordingly instructed the Director of Environment Services to bring forward a report on permitted advertising and sponsorship opportunities to the Council meeting in September 2008, as agreed at the meeting of the Executive on 13 February 2007 (para. EX129 refers).
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC
This report to include a policy which would take into account (a) the use of A Boards in retail parks and recognise that retail parks should be treated differently to the City Centre, where there was a high number of pedestrians and (b) the concerns raised by the Forth Valley Macular Disease Support Group in relation to A Boards in Stirling City Centre. A suitable policy must satisfy both groups.
c) The Argyll and Sutherland Highlanders
“The Council notes the deployment of the Argyll and Sutherland Highlanders to the Helmand province of Afghanistan.
The Council send with them the support of the City and District, wishing them godspeed for their mission”.
Moved by Councillor Neil Benny, seconded by Councillor Tony Ffinch
Decision
The Council approved the terms of the Motion and accordingly noted the deployment of the Argyll and Sutherland Highlanders to the Helmand province of Afghanistan.
The Council sent with them the support of the City and District, wishing them godspeed for their mission.
It was noted that the Provost had written to the Argyll and Sutherland Highlanders to this effect and would be inviting them to parade through the City on their return from Afghanistan.
Councillor Tony Ffinch left the meeting Chamber at this point in the proceedings
d) Temporary Educational Accommodation
“This Council is determined to preserve the highest possible quality of education for all its children. It recognises that to ensure this, the highest possible quality of accommodation will be required, therefore as a Council we have a duty to families and children in the Stirling Council area not to expand the use of temporary huts and porta-cabins as a mean of long term educational accommodation. The quality of our local education must be given priority over underfunded national targets”.
Moved by Councillor Colin Finlay, seconded by Councillor John Hendry
Direct Negative
Councillor Graham Lambie, seconded by Councillor Scott Farmer moved the Direct Negative
On the roll being called the Members present voted as follows:-
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC
For the Motion (10)
Councillor Neil Benny Councillor Alistair Berrill Councillor Margaret Brisley Councillor Ian Brown Councillor Colin Finlay Councillor David Goss Councillor John Hendry Councillor Corrie McChord Councillor Graham Reed Councillor Andrew Simpson
Against the Motion (6)
Councillor Scott Farmer Councillor Graham Houston Councillor Graham Lambie Councillor Alasdair MacPherson Councillor Steven Paterson Provost Fergus Wood
Not Voting
Depute Convenor Jim Thomson
Decision
The Motion was carried by 10 votes to 6 with 1 Member not voting and accordingly the Council agreed that it was determined to preserve the highest possible quality of education for all its children. It recognised that to ensure this, the highest possible quality of accommodation would be required, therefore as a Council it had a duty to families and children in the Stirling Council area not to expand the use of temporary huts and porta-cabins as a mean of long term educational accommodation. The quality of our local education must be given priority over underfunded national targets
Councillor Gerard O’Brien entered the meeting Chamber at this point in the proceedings
e) Free Direct School Transport to Wallace High School
“Stirling Council directs officers to make arrangements for free direct school transport to and from the New Wallace High School after the summer recess for children from Raploch to comply with the assurances given to parents during the consultation process for the relocation. It also instructs officials to review all school transport policies to meet the access needs of students and visitors to all Stirling Council schools using public transport”.
Moved by Councillor John Hendry, seconded by Councillor Colin Finlay
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Direct Negative
Councillor Graham Lambie, seconded by Councillor Scott Farmer moved the Direct Negative
On the roll being called the Members present voted as follows:-
For the Motion (7)
Councillor Margaret Brisley Councillor Ian Brown Councillor Colin Finlay Councillor John Hendry Councillor Corrie McChord Councillor Gerard O’Brien Councillor Andrew Simpson
Against the Motion (11)
Councillor Neil Benny Councillor Alistair Berrill Councillor Scott Farmer Councillor David Goss Councillor Graham Houston Councillor Graham Lambie Councillor Alasdair MacPherson Councillor Steven Paterson Councillor Graham Reed Depute Convenor Jim Thomson Provost Fergus Wood
Decision
The Motion fell by 11 votes to 7.
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 items of business on the grounds that they involved the disclosure of exempt information as defined in Paragraphs 6 and 8 & 9 respectively of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.
SC224 STIRLING UNIVERSITY INNOVATION PARK – SCION HOUSE
A report by the Director of Corporate Services advised that Stirling University Innovation Park Ltd (SUIP) was a 50-50 joint venture between Stirling Council and the University of Stirling. It provided a range of key services to the business community and had achieved a number of successes in the last few years. The Council acted as a principal guarantor for the company with the University providing 50% of this through a shareholders agreement with the Council.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC SUIP played a vital role in supporting the growth of the local economy. However, a considerable portion of its efforts involved managing the Park itself without the benefit of the revenue from the properties being managed. SUIP owned both the Alpha and Beta centres secured through a previous loan and with a guarantee from the Council and the University.
At a time when Scottish Enterprise was moving away from local economic development an opportunity existed for SUIP to purchase Scion House from Scottish Enterprise thereby placing the company on a stronger financial footing and securing additional resources to support the growth of the local economy.
The purchase required the two shareholders to act as guarantors on the finance required to meet a purchase price.
Decision
The Council agreed:-
1. to support in principle SUIP’s purchase of Scion House at the Stirling University Innovation Park by acting as principal guarantor for an amount specified in the submitted report, inclusive of the original guarantees for the Alpha and Beta Centres, with 50% covered through the shareholders agreement with the University;
2. to note the ongoing negotiations between COSLA and the Scottish Government in regard to the potential transfer of Scottish Enterprise assets which contributed to local regeneration and local economic development. The objective being to transfer these at no cost to local authorities. For Stirling this would mean the transfer of Scion House and a site at the Innovation Park;
3. to write formally to the Scottish Government requesting the transfer of two assets at no cost to Stirling Council, and
4. that the Director of Environment Services would report the outcome of this to the next meeting of the Council.
(Reference: Report by Director of Corporate Services dated June 2008, submitted)
SC225 STIRLING SPORTS VILLAGE - UPDATE
A report by the Director of Community services advised that construction of the main Sports Village building (the Peak) was currently slightly behind programme, but the Project Team, advisors and main contractor (Barr) were all confident that Practical Completion could be reached on the target date of 16 January 2009. Plans were therefore progressing for a Spring 2009 opening of the building.
Construction of the synthetic 5-a-side and football pitches had been completed slightly behind programme in November 2007 and were already well utilised. However, the synthetic hockey pitch had been delayed until May 2009.
Work was ongoing to conclude arrangements with Active Stirling’s preferred catering partner. Work was also ongoing to take forward operational and lease arrangements with NHS Forth Valley.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC An update of the current project budgetary position was included in the report, covering both expenditure and funding.
Project risk had been monitored on a regular basis and an updated detailed risk register report received by the Project Steering Group. A summary of the risk register was attached to the submitted report.
Progress was being made on identification of fit-out requirements out with the main construction contract and the procurement process was underway for any major fit- out elements.
The following points were noted during the debate that followed:-
• The submitted report, with exempt commercial information removed, would be made publicly available after the Council meeting.
• The Director of Corporate Services would make information available to Members outwith the meeting on the on-going costs associated with removing Giant Hogweed from the area.
Decision
The Council agreed:-
1. to note progress with the building work, and progress with plans for opening the Peak to the public;
2. to note progress made with catering and health partners and with Stirling Ice Rink towards relocation, and
3. to note the current budgetary position of the project.
(Reference: Report by Director of Community Services dated 10 June 2008, submitted)
The Provost declared the meeting closed at 6.45 pm
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC APPENDIX 1
QUESTION FROM COUNCILLOR GRAHAM REED FOR ANSWER BY THE LEADER OF THE COUNCIL AT THE MEETING OF STIRLING COUNCIL HELD ON THURSDAY 19 JUNE 2008.
QUESTION
“On what grounds does this Administration justify the enhanced retrospective payment of nearly £4,000 per annum for chairing four meetings to the Chair of the Governance and Audit Committee?”
ANSWER
“Members who were with the Council prior to the May 2007 elections will recall that in May/June 2006, the Council agreed to pilot revised political management arrangements up to the May 2007 elections. The pilot involved the establishment of an Executive Committee and the establishment of two scrutiny committees – a Service Management & Performance Committee and a Governance & Audit Committee which undertook the functions of an Audit Committee.
Prior to May 2007, Councils were required to determine a Scheme for the Payment of Members’ Allowances that set out the allowances payable to Members and the arrangements for the payment of such allowances.
The Council’s approved Scheme was revised on 22 June 2006 so as to provide for the payment of a Special Responsibility Allowance (then known as an SRA) to each of the Scrutiny Committee Chairs. At that time, payment was made at the rate of 50% of the Leader’s allowance which amounted to £8,295.00 per annum.
Following the May 2007 elections, on 14 June 2007, the Council agreed to follow through on the pilot results and agreed to establish an Executive model of decision making comprising an Executive Committee and two Scrutiny Committees – Service Delivery & Performance and Governance & Audit. Councillor Neil Bennie was appointed as Chair of the Governance & Audit Committee on 14 June 2007.
As a result of a national review of Scottish allowances for Councillors, new arrangements for the payment of Councillors’ remuneration, allowances and expenses came into force on 3 May 2007. The new provisions gave the Council the flexibility to determine which positions should be allocated as 'Senior Councillors'.
This meant that, in addition to the Leader and the Provost, the Council could designate a maximum of 9 'Senior Councillors' who would then receive an additional allowance because they held a significant position of responsibility in the Council's political management structure, for example, the Chair of a committee, the leader of a significant opposition group etc.
On 14 June 2007, the Council agreed that 8 Councillor positions should be so designated. The Council only appointed 7 of these however and left one to be decided upon at a later date.
On 10 April 2008, the Council unanimously agreed that the vacant position be allocated to the Chair of the Governance & Audit Committee. You will, of course, be aware that the Chair of the other scrutiny committee (Service Delivery & Performance) was designated as one of the 'Senior Councillor' positions on 14 June 2007.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC
From the training session organised by the Governance & Audit Committee for all Members of Council, you will know that Audit committees are ever more widely recognised across the public and private sectors, as a core component of effective governance.
As a recent letter from the Chair of the Governance & Audit Committee to Leaders states, this Committee has responsibility for the ’formal oversight of the Council’s corporate governance, financial reporting, internal control structure, internal audit functions, and external audit services. It also has a significant role in holding officers of the Council to account in the way in which they go about the Council’s business’.
So, whilst some may question the added value that Governance & Audit committee brings to the Council, it is my view that these responsibilities are significant and require an independent and challenging approach. The allocation of a ‘Senior Councillor’ position reflects not only the responsibilities that the Committee carries, but also the personal qualities expected of the Chair. As pointed out during the recent training event, it needs a person who has a depth of skills and interest in the subject – someone who encourages open but apolitical discussion at meetings and someone who does not seek to restrict debate.
Bearing all these considerations in mind, I have no hesitation in supporting the Council’s decision that the Chair of the Governance and Audit Committee should receive an additional allowance.
The number of meetings held in any one year rather misses the point given that it is the responsibilities of the position, and the personal requisites needed of the Chair, that attract the additional payment.
That said, the Committee has recently advised Council of their intention that time should be set aside between meetings of the Committee to enable more in-depth consideration of Audit Reports. Furthermore, the new meeting arrangements will provide for 7 meetings a year – the same, in fact, of the other standing committees.’’
SUPPLEMENTARY QUESTION
The Chair of a Committee should not be allocated a Senior Councillor position. All Councillors freely give of their time in many areas of their public duties. For example, one of my colleagues attended 21 meetings of a Scrutiny Panel last year. As the Administration is in an informal coalition with the Conservative group is this individual suitable for the role?
ANSWER
The SNP and Conservative groups are not in either a formal or informal coalition. It is for the Council to determine the allocation of Senior Councillor positions. When the Council originally approved the Senior Councillor positions (which included the Chair of the Service, Delivery & Performance Committee) it left one position vacant to be determined at a later date. The Council’s decision to allocate this position to the Chair of the Governance & Audit Committee is in recognition of the sterling work which has been carried out by the post holder over the past year.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Question 2 QUESTION FROM COUNCILLOR IAN BROWN FOR ANSWER BY THE PORTFOLIO OF ENVIRONMENT SERVICES AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 19 JUNE 2008.
QUESTION
“On the 14 august 2007 the Executive approved a paper on Management of Flooding. Can the Portfolio Holder for Environment Services inform Council if formal discussions with Officers of the Scottish Government (as agreed in that paper) have resulted in financial support to the Council in dealing with flooding?”
ANSWER
“The current Flood Prevention (Scotland) Act 1961 sets out the procedure to access funds.
In October 2007, the Scottish Government called a conference in Perth to discuss their desire to produce a new Flood Act for Scotland and to have the new legislative framework in place by late 2008. Any discussions planned with the Government were put on hold, following the Conference in Perth, until the form of the new Act was known.
Since then there have been three workshops/consultation groups, a call for evidence to all Councils and interested organisations (COSLA, SEPA SW etc) plus a public inquiry: All of which is hoped will lead to the early introduction of the new Act.
In April of 2008, the Government distributed £146M of new funding for Flood Prevention, disbursing the majority of it via the block grant to those councils that had flood schemes ready to be implemented. Stirling Council was not in that position.
Since the August 2007 paper, the Council has received £50,000 from Scottish Enterprise Forth Valley to carry out a LiDar survey of the catchment areas of the Rivers Forth, Teith and Allanwater; and a further £50,000 matching funding was provided from the Council’s Capital programme for 2007/08. Within the General Services Capital Programme, a sum of £65,000 has been allocated for 2008/09 (and provisionally for each of the following four years) to tackle existing flooding problem areas. It should also be noted that Stirling will receive £37,000 from existing GAE funding in each of the next 3 years (2008/09 to 2010/11) for Flood Prevention.
An additional £20,000 for assistance was made available to those who were flooded in 2006, to better protect their properties by means of door and air vent covers; £80,000 towards the employment of two permanent Assistant Flood Officers was included in this year’s revenue budget, to take forward the development of flood plans and projects for the Council. The Service has installed five remote water level monitoring gauges, as well as commissioning six major flood investigation projects in the Aberfoyle, Bridge of Allan, Stirling, and rural areas using existing capital resources.
A recent meeting with SEPA has indicated that the Council is moving in the right direction, to accommodate the requirements of the new Act when it is introduced later this year.
Now that the two posts have been successfully recruited and more detailed work taking place, a meeting with the Scottish Government will be arranged as soon as is practical”.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC SUPPLEMENTARY QUESTION
Congratulations to the Service on the appointment of the two Assistant Flood Officers. Can you please advise me whether the occupiers of the properties in Riverside identified as being at risk have been advised of the availability of flood protection systems and what other support is being provided.
ANSWER
As this information is not to hand, I will make it available outwith the meeting.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Question 3 QUESTION FROM COUNCILLOR DAVID GOSS FOR ANSWER BY THE PORTFOLIO HOLDER FOR CORPORATE, RESOURCES & ECONOMY, COUNCILLOR SCOTT FARMER AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 19 JUNE 2008.
QUESTION
“When is it proposed to review the situation regarding local offices?”
ANSWER
“The Administration is currently finalising a comprehensive organisational review of Council services that will encompass a holistic approach. This will include the role of local offices in terms of optimising the utilisation of available resources.
We have no intention of examining the role of local offices in isolation or on an ad-hoc basis. The timing with respect to the above will be determined by the Administration in due course”.
SUPPLEMENTARY QUESTION
When will the review be finalised?
ANSWER
The review will be completed in the next 3 weeks and the outcome reported to the next meeting of Council.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Question 4 QUESTION FROM COUNCILLOR ALISTAIR BERRILL FOR ANSWER BY THE PORTFOLIO HOLDER OF CHILDREN AND LIFELONG LEARNING AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 19 JUNE 2008.
QUESTION
“Has work been carried out to obtain a detailed costing of the Scottish Executive’s proposals to reduce primary class sizes to 18? If so, how many new classrooms might have to be built and where; how many new teachers might have to be employed; what might be the overall additional cost to the Council?”
ANSWER
“The service has made good progress towards the reduction of primary class sizes in early years. For session 2008/2009 the service is ready to operate with Primary 1 class sizes of under 18 in 8 primary schools across the authority with no additional changes to the status quo in terms of teaching staff, class-room provision, and consequently additional costing. The above number represents 19% of the primary school estate and is considerably above the national average, which is currently sitting at 12% according to the School Pupil Census 2007. This is a very complex issue for Stirling as our rolls are projected to rise in line with the general population of the Council area. Further work is currently being carried out in this area. This supports both the Scottish Government's desire for steady progress in class size reduction and also endorses the comments from Murdo Fraser (Scottish Conservative Party Spokesperson on Lifelong Learning) who said his party would be "sympathetic" to smaller class sizes (BBC News - 20th June 2007)."
SUPPLEMENTARY QUESTION
Does this commitment to the Scottish Executive, which is uncosted and unfunded, pose a risk to the Council?
ANSWER
Immediate implementation of the policy is not the intention. Rather the policy will implemented over time and dependent on local circumstances.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Question 5 QUESTION FROM COUNCILLOR CORRIE MCCHORD FOR ANSWER BY THE PORTFOLIO HOLDER OF CHILDREN AND LIFELONG LEARNING AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 19 JUNE 2008.
QUESTION
“Following the first Ministers statement on the 5th June that “Stirling Council is taking measures to reduce class sizes” will the portfolio holder care to tell the people of Stirling what these measures are and what it will cost to realise the targets promised by the SNP government?”
ANSWER
“The service has made good progress towards the reduction of primary class sizes in early years. For session 2008/2009 the service is ready to operate with Primary 1 class sizes of under 18 in 8 primary schools across the authority with no additional changes to the status quo in terms of teaching staff, class-room provision, and consequently additional costing. The above number represents 19% of the primary school estate and is considerably above the national average, which is currently sitting at 12% according to the School Pupil Census 2007. This is a very complex issue for Stirling as our rolls are projected to rise in line with the general population of the Council area. Further work is currently being carried out in this area. This supports both the Scottish Government's desire for steady progress in class size reduction."
SUPPLEMENTARY QUESTION
Why did the First Minister in his statement of 5 June highlight Stirling Council as making good progress?
ANSWER
19% of the school estate operates with class sizes of under 18, and this is 7% better than the Scottish average.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Question 6 QUESTION FROM COUNCILLOR COLIN FINLAY FOR ANSWER BY THE PORTFOLIO HOLDER OF CHILDREN AND LIFELONG LEARNING AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 19 JUNE 2008.
QUESTION
“As the direct result of successful economic growth and an improvement in the quality of life in Stirling since 1996, the Stirling Council area has become a desirable place that families choose to live in. This thriving environment has meant that families with English spoken as another language have chosen to stay in Stirling. What provision does Stirling Council offer for children with ESOL? How many children currently access this support and how is this support delivered?”
ANSWER
“Stirling Council Children’s Services
Most children with additional support needs attend their local nursery, primary or secondary school and follow a curriculum adapted to their needs. In Stirling, this is done through staged intervention.
Additional support may be provided in nursery or primary by a visiting Support for Learning Teacher (from the Support for Learning Area Network Team-SLANT) or in secondary the Support for Learning or Pupil Support department.
In SLANT there are two teachers who have specialist responsibility for this work, however, all SLANT staff have had training to support children with English as an additional language.
I have attached the latest survey which has the detailed numbers you requested”.
SUPPLEMENTARY QUESTION
The total number of children in 2007/08 an the summary page (349) does not match that in the detailed breakdown (344). How do the children access this support?
ANSWER
As this information is not to hand, I will make it available outwith the meeting.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC STIRLING COUNCIL CHILDREN’S SERVICES
ANNUAL SURVEY OF BILINGUAL PUPILS SESSION 2007 - 2008
Children’s Services conduct an annual survey of nurseries and schools in order to give the Council the information required for service planning. This information will also be useful to establishments and other services in terms of a general awareness of the cultural and linguistic richness of the local population.
Nurseries/ Primaries Second- Special Total Total Total Total Total Total Partner aries Schools/ 2007/08 2006/07 2005/06 2004/05 2003/04 2002/03 Nurseries Special Facilities Total No. of Establishments 24 42 7 4 77 81 81 63 66 65 Total No. of Bilingual Pupils 51 187 110 1 349 333 309 251 272 236 Total No. of pupils requiring assistance 5 55 20 0 80 63 83 72 60 60
Languages spoken: Afrikaans Arabic Bengali Bulgarian Cantonese Chinese Creole Czechoslovakian Danish Dutch Dutch/Russian Eng/Danish Eng/Indonesian Eng/Indian Eng/Spanish Farsi French German Ghanian Greek Gujarati Hindi Hungarian Icelandic Indonesian Italian Japanese Korean Latvian Lithuanian Malay Mandarin Mongolian Northern Sotho Norwegian Persian Polish Portuguese Punjabi Russian Senegalese Setswana Shona Spanish Swahili Swedish Turkish Ukranian Urdu Uzbek Welsh
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N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC MOTHER TONGUE INFORMATION
Total No. No. of Pupils of requiring Canton- School Urdu Punjabi Arabic Farsi European Shona Other Bilingual advice or ese Pupils assistance Nurseries Arnprior 0 0 0 0 0 0 0 1 x Spanish; 3 Baker Street 10 5 1 1 0 1 0 1 Polish 1 x Malay; 1 Uzbek Cornton 0 0 0 0 0 0 0 0 Croftamie 0 0 0 0 0 0 0 0 2 x Norwegian; 1 Doune 4 0 0 0 0 0 0 Mongolian; 1 x Dutch Fallin 2 0 0 0 0 0 0 1 x Polish 0 1 x Lithuanian Fintry 0 0 0 0 0 0 0 0 Killin & 0 0 0 0 0 0 0 Crianlarich Park Drive 1 0 0 0 0 1 0 Riverside 1 x Polish; 1 x Nursery 4 0 1 0 0 1 0 Slovakian Wellgreen 2 0 0 0 0 0 0 1 x Polish 1 x Japanese H/view Fam Cent 0 0 0 0 0 0 0 0 C/viewFam 5 0 0 0 0 0 0 2 x German/ 0
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Cent & English; 1 Swedish/ Raploch English; 2 Nursery Mandarin/ English TOTAL 28 5 2 1 0 3 0 - 1 -
Partnership Nurseries 1 x Chinese; 1 Russian; 1 x North Acrewood 5 0 0 1 0 0 0 1 x Portugese Sotho Arnhall 1 0 0 0 0 0 0 1 x Italian 0 Beech Drive 0 0 0 0 0 0 0 1 Pakistani/Hindu; 1 x Dutch; 1 x Br Beginnings 3 0 0 0 0 0 0 Afrikaans 1 x Turkish; 3 x Mulberry Bush 0 1 0 0 0 0 8 Dutch The Meadows 0 0 0 0 0 0 0 Beaconhurst 0 0 0 0 0 0 0 Sweet Pea 0 0 0 0 0 0 0 Hummingbird 0 0 0 0 0 0 0 Whitecraigs Lecropt 1 1 Total 18 0 2 0 0 0 0 0
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Mother Tongue Information
Total No. No. of Pupils of requiring School Urdu Punjabi Cantonese Arabic Farsi European Shona Other Bilingual advice or Pupils assistance
Primaries Aberfoyle 1 0 0 0 0 0 0 1 x German 0 Allan's 2 2 0 1 0 0 0 1 x Polish 0 Balfron 0 0 0 0 0 0 0 0 2 x Northern Sotho; Bannockburn 6 1 2 0 0 0 0 1 x Polish 0 1 Setswana; Borestone 0 0 0 0 0 0 0 0 Braehead 18 7 6 5 1 1 1 1 x Greek; 1 Polish 2 x Hindi 7 x Japanese; 2 x Chinese; 1x Dutch; 1x Dutch/Russian; 1 x Russian/English; 1 2 x Danish; 2 x x Creole/English; 3 Polish; 1 x French; x Malay; 1 x 1 x German; 4 x Korean; 2 x Ghana; Spanish; 1 x 2 x Gujarati; 1 x Bridge of Allan 38 15 0 0 0 1 3 Czechoslovakian 1 Icelandic Buchanan 0 0 0 0 0 0 0 0 Buchlyvie 0 0 0 0 0 0 0 0
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC 1 x French; 1 x 1 x Swahili; 2 x Callander 7 0 0 0 0 0 0 Slovakian; 2 Polish 0 Dutch 1 x Eng/Danish; 1 x Cambusbarron 7 1 4 0 0 0 0 Polish 0 1 x Eng/Indonesian 1 x Slovakian; 2 x Cornton 7 4 2 0 0 1 0 Polish 0 1 x Russian Cowie Pr & Nur 4 0 0 0 0 2 0 0 2 x Gujarati Crianlarich 0 0 0 0 0 0 0 Deanston 0 0 0 0 0 0 0 Doune 0 0 0 0 0 0 0 Drymen 3 0 0 0 0 0 0 3 x Spanish 0 3 x French; 3 x Spanish; 2 x German; 3 x 2 x Sinhalese; 1 x Dunblane 17 0 1 0 1 1 0 Swedish 0 Russian 2 x Polish; 2 x East Plean 5 3 1 0 0 0 0 English/Spanish 0 Fallin 1 1 0 0 0 0 0 1 x Slovak 0 Fintry 0 0 0 0 0 0 0 0 Gargunnock 0 0 0 0 0 0 0 0 Gartmore 0 0 0 0 0 0 0 0 Inversnaid 0 0 0 0 0 0 0 0 Killearn 0 0 0 0 0 0 0 0 Killin 0 0 0 0 0 0 0 0
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Kincardine in Menteith 0 0 0 0 0 0 0 0 Kippen 0 0 0 0 0 0 0 0 Lochearnhead 0 0 0 0 0 0 0 0 Newton 4 0 0 0 0 0 0 2 x Italian 0 1 x Chinese Port of Menteith 0 0 0 0 0 0 0 0 Raploch 0 0 0 0 0 0 0 0 3 x Polish; 1 x 4 X Malaysian; 2 x Spanish; 1 x Bengali; 1 Persian; Riverside 23 5 3 2 0 2 0 Slovak; 2 x Latvian 1 1 x Indonesian St. Margarets 2 1 0 0 0 0 0 1 x Polish 0 1 x Turkish St. Mary's 2 x Polish; 3 x B'burn 24 4 7 4 2 6 0 English/Spanish; 0
St. Mary's Episc D/Blane 4 0 0 0 2 0 0 1 x German 0 1 x Norwegian St. Mary's Stirling 0 0 0 0 0 0 0 0 5 X Polish; 1 1 x Hindi; 1 St. Ninians 12 11 0 2 0 1 0 French 1 Afrikaans Strathblane 2 0 0 0 0 0 0 2 x German 0 Strathyre 0 0 0 0 0 0 0 0 Thornhill 0 0 0 0 0 0 0 0 Trossachs 0 0 0 0 0 0 0 0 TOTAL 187 55 26 14 6 15 4 - 1 -
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Secondaries 2 x German; 1 x 1 x Chinese; 2 x Balfron 12 2 1 0 3 2 0 Polish; 0 Dutch 6 x Chinese; 1 x Bannockburn 11 ? 1 0 1 0 0 2 x Polish 0 Northern Sotho 2 x Russian; 1 x Gujerati; 1 x 4 x Welsh; 3 x Swahili; 1 x German; 3 x Bulgarian; 1 x Dunblane 24 0 0 2 3 2 0 Danish; 1 x Polish; 0 Ukranian 1 x Swahili; 1 x McLaren 5 3 0 0 0 0 0 3 x Polish; 0 Russian 2 x German; 2 x Danish; 1 x Polish; 1 x Spanish; 1 Stirling 16 5 3 3 0 1 0 Chinese/English 1 1 x Russian 3 x Polish; 2 German; 1 x St. Modan's 22 5 6 3 3 3 0 Spanish 0 1 x Senegalese 2 x Creo; 3 x Malaysian; 1 4 x Spanish; 1 x Afrikaans; 1 x Wallace 20 5 2 2 0 1 1 Polish; 1 Hungarian 1 Japanese;+K58 TOTAL 110 20 13 10 10 9 1 - 2 -
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Special Facilities Whins of Milton 1 0 0 0 0 0 0 1 x Malaysian Kildean 0 0 0 0 0 0 0 0 PPSS 0 0 0 0 0 0 0 0 SSSS 0 0 0 0 0 0 0 0 TOTAL 1 0 0 0 0 0 0 - 0 -
OVERALL TOTAL 344 80 43 25 16 27 5 4
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N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Question 7 QUESTION FROM COUNCILLOR JOHN HENDRY FOR ANSWER BY THE PORTFOLIO HOLDER OF COMMUNITY & HOUSING STRATEGY AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 19 JUNE 2008.
QUESTION
“To ask the Housing Portfolio Holder what proportion of Housing Assistance Grant will be made available to Stirling Council from the recently announced £21 million over three years for new local authority house building programmes. How many new houses will this fund in the Stirling Council area and when will the administration publish their proposals setting out the details? How many new council houses will be started this year?”
ANSWER
“The Scottish Government has not yet made an announcement on how the money it has set aside to support new Council house building will be allocated. However, it is my understanding that it is intended to support Council's that have a demonstrated capacity within their Housing Revenue Account accounts to meet the Scottish Housing Quality Standard (SHQS) by 2015 and to afford further prudential borrowing to support a new build programme.
The first review of our 30 year business plan, shortly to be published in the information bulletin, demonstrates that the Council can meet the SHQS within our agreed rental strategy. The recent merger of Technical Services into the Housing Revenue Account and the ongoing review and reconfiguration of housing services is intended to release efficiency savings that will help provide the resources to support a new build programme.
It is my expectation that we will be able to demonstrate a capacity for prudential borrowing for new build and, on this basis I expect the Council to be eligible to receive some of the resources available.
I have asked officers to bring forward a paper to the Council in the autumn setting out both the resources that are available within the HRA, the housing sites to be developed, the scale of the new build housing programme that we are seeking to deliver and any additional resources that may be needed to deliver the programme.
Details of these proposals will be discussed by the Housing Advisory Group. This will ensure that tenants and representatives from all the political groups on the Council will have an opportunity to see and comment on the proposals before they come to full Council”.
SUPPLEMENTARY QUESTION
There was one omission in the answer to my written question - How many new Council houses will be started this year?
My supplementary question is would the Portfolio holder consider inviting someone from the Housing Association movement to the next Housing Advisory Group meeting to provide some advice on what is likely to happen to their house building programme in light of cuts to their subsidy.
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ANSWER
In the next financial year we will build 2 new Council houses.
I would be happy to invite someone from the Housing Association movement to the next Housing Advisory Group meeting.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Question 8 QUESTION FROM COUNCILLOR MARGARET BRISLEY FOR ANSWER BY THE PORTFOLIO HOLDER OF ENVIRONMENT AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 19 JUNE 2008.
QUESTION
“At the last Service Delivery and Performance Committee, the Minority SNP Administration agreed that years 2 and 3 of the Five Year road Maintenance would go out to consultation. What are the consultation arrangements and what are the timescales for consultation with communities?”
ANSWER
“Consultation documents have been sent to all Community Councils.
A letter and detailed programme of repairs and improvement schemes for 2008/09, 2009/10 and 2010/11, prepared by professional roads engineers, including the methodology to determine the maintenance priorities, was sent to all Community Councils in May 2008.
The timetable for responding to Environment Services is the end of August 2008”.
SUPPLEMENTARY QUESTION
Can the Portfolio holder guarantee that this Administration will adhere to the commitments of the previous Administration over the next 5 years?
ANSWER
The Council agreed the Year 1 programme in February this year and provisionally approved the remaining 4 years of the programme. The Administration has no intention to change that.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC Question 9 QUESTION FROM COUNCILLOR COLIN O’BRIEN FOR ANSWER BY THE PORTFOLIO HOLDER OF ENVIRONMENT AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 19 JUNE 2008.
QUESTION
“Supplementary Planning Guidance: Revised Policy & Development Advise Note – Development in the Countryside Conversion and Redevelopment of Rural buildings.
The consultation draft of the policy document was included in issue No. 521 of the Information Bulletin. While the proposals are generally welcome, how much member consultation and input has there been to the proposed policy and which members have been involved to date?”
ANSWER
“Prior to March 2008, discussions were held with the Chair of the Planning Panel, my predecessor Councillor Graham Reed as Environment portfolio holder, and Planning Officers. The Head of Planning was also aware of the views of the Planning Panel and informal comments from other members indicating a less restrictive approach to development in the countryside.
A series of meetings then took place involving myself as Portfolio Holder for Environment, the Chair of the Planning Panel, the Head of Service for Planning; the Service Manager, Planning and Policy and the Principal Planning Officer responsible for Planning and Policy.
The Guidance is based on Scottish Planning Policy (SPP15 – Rural Development).
The Consultation paper was included in Local Bulletin Number 521 for consideration by Elected Members. The papers will also be presented to Local Agents and Architects for comment at a Planning Workshop to be held on 25th June 2008.
Thereafter, the draft Policy and Development Advice Note will be brought before members, along with all comments received for consideration and formal approval”.
SUPPLEMENTARY QUESTION
It is disappointing to note that the initial discussions have involved only the Administration. How can this be taken forward to involve both Members (on a cross party basis) and the general public?
ANSWER
The Planning Schedule was also issued to Community Councils for comment. The issue will be brought back at the appropriate time to full Council for discussion. All Members are welcome to attend the Planning Workshop on 25 June.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC APPENDIX 2 PROGRAMME OF MEETINGS - AUGUST 2008 – JUNE 2009 (5 week cycle)
2008 Meeting Day/Time Cycle 1 Cycle 2 Cycle 3
1 Planning Thursday 10 am 14 August 25 September 13 November Panel
Executive Thursday 6.30 pm 14 August 25 September 13 November
2 Regulatory Thursday 10am 21 August 2 October 20 November Functions Panel
Governance Thursday 6.30 pm 21 August 2 October 20 November & Audit Committee
3 Service Thursday 6.30 pm 28 August 9 October 27 November Delivery & Performance Committee
4 FREE WEEK FREE WEEK FREE WEEK *FREE WEEK FREE WEEK
5 Council Thursday 6.30 pm 11 September 30 October 11 December
*This programme allows for a two week October break (w/c 13 October & 20 October 2008)
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PROGRAMME OF MEETINGS - AUGUST 2008 – JUNE 2009 (5 week cycle)
2009
Meeting Day/Time Cycle 4 Cycle 5 Cycle 6 Cycle 7
1 Planning Thursday 10 am 22 January 5 March 23 April 4 June Panel
Executive Thursday 6.30 pm 22 January 5 March 23 April 4 June
2 Regulatory Functions Thursday 10am 29 January 12 March 30 April 11 June Panel
Governance & Audit Thursday 6.30 pm 29 January 12 March 30 April 11 June Committee
3 Service Delivery & Thursday 6.30 pm 5 February 19 March 7 May 18 June Performance Committee
4 FREE WEEK FREE WEEK FREE WEEK *FREE WEEK FREE WEEK NO FREE WEEK
5 Council Thursday 6.30 pm 19 February 2 April 21 May 25 June
*This programme allows for a two week Spring break (w/c 6 April and 13 April 2009)
N:\DEMSUPP\NewDecisions\Scouncil\Minutes\SC20080619.doc
APPENDIX 3
STIRLING COUNCIL
STANDING ORDERS
Adopted 19 June 2008
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STANDING ORDERS
STANDING ORDERS OF THE STIRLING COUNCIL
APPLICATION OF INTERPRETATION ACT
1. The Interpretation Act 1978 applies to the interpretation of these Standing Orders as it applies to the interpretation of an Act of Parliament.
COMMENCEMENT
2. These Standing Orders will apply from and including 19 June 2008.
DEFINITIONS
3. In these Standing Orders, the following words and expressions will have the following meanings-
“the 1973 Act” means the Local Government (Scotland) Act 1973
“the 1989 Act” means the Local Government and Housing Act 1989
“the 1994 Act” means the Local Government Etc (Scotland) Act 1994
“Council” means The Stirling Council incorporated under the 1994 Act
“Councillor” is a duly elected member of the Council in terms of Section 33A of the 1973 Act
“Member” is a Councillor and anyone appointed to the Executive, a Committee or Panel whether or not entitled to vote
“Chief Officer” is a statutory or non-statutory post, as defined in Section 2 of the 1989 Act
“Finance Officer” is appointed by the Council for the purpose of Section 95 of the 1989 Act
“Head of Paid Service” is appointed by the Council under Section 4 of the 1989 Act
“Monitoring Officer” is appointed by the Council under Section 5 of the 1989 Act or the person nominated as a deputy under sub-section (7) of section 5
“Proper Officer” in respect of these Standing Orders will be the ‘Clerk to the Council’, appointed by the Council under sections 43, 50A – 50K and Schedule 7 of the 1973 Act.
“Clerk” is the person appointed as such by the Council or nominated by the Proper Officer to prepare and circulate agendas, take minutes of meetings and provide such procedural advice at meetings as may be necessary. Where the role of the ‘Clerk to the Council’ is specified in these Standing Orders, it is not interchangeable with the role of a Clerk.
FIRST MEETING AFTER AN ELECTION
4. In a local government election year, the Clerk to the Council will call a meeting of the Council within 21 calendar days from the date of the election. At this meeting or any adjournment of it, the Council will:-
(a) elect a Provost and Depute Convenor of Council (or Convenor/Depute Convenor if so determined); (b) elect a Leader and Depute Leader of the Council; (c) appoint Bailies to deputise for the Provost as civic head; (d) appoint members of Joint Committees and Joint Boards and their Convenors, where these appointments are to be made by the Council; (e) appoint or nominate representatives to various outside bodies; and (f) deal with any urgent competent business, keeping to the terms of the law and these Standing Orders.
PROVOST
5. At a meeting of the Council, the Provost or, in his or her absence, the Depute Convenor of Council will preside. If the Provost and Depute Convenor of Council are both absent, the Clerk will call on the members present to choose a member to preside.
(a) The Provost will have responsibility for facilitating meetings of the Council, ensuring that every member is treated equally and given the same opportunity of expression.
(b) When the Provost speaks, any member of the Council who is addressing the meeting must stop.
(c) The Provost will have discretion, with or without discussion, to determine all questions of procedure where no specific provision is made under these Standing Orders.
(d) In the event of a question arising of order, competency or relevancy, the Provost will decide the matter (with the exception of Standing Orders 6 and 7) and in doing this he/she may take advice from the Clerk.
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REMOVAL FROM OFFICE
6. The Council may remove the Provost from office providing:-
(a) prior notice is given at one meeting of the Council that the matter will be considered at its next meeting; or
(b) where no prior notice is given, not less than two-thirds of members present and entitled to vote, agree that the early removal of the Provost from Office will be considered at that meeting.
The provisions of this Standing Order will also apply to the position of Depute Convenor of Council.
7. With the exception of the Provost and Depute Convenor of Council the Council has the authority to appoint or remove members on any of the Council’s decision making bodies at any time.
8. The Clerk to the Council/ Head of Governance will determine all matters of competency in relation to Standing Orders 6 and 7.
CALLING MEETINGS
9. The Council will operate a five week cycle of meetings. The Clerk to the Council is responsible for convening all meetings of Council which will be held on the days, at the times and in the places fixed by the Council and as then published in its annual programme. A letter of summons to attend Council meetings must be signed by the Clerk to the Council. For all other meetings, the Notice of Meeting will serve as the summons.
10. In addition to the scheduled meetings of Council, special or other meetings of the Council may be convened by the Clerk to the Council as follows:-
(a) at the request of the Provost; (b) by a resolution of the Council; (c) on the requisition of at least one fourth of the whole number of members of the Council (6), which meeting will be held within 14 days of receipt of the requisition by the Proper Officer; (d) at the request of the Monitoring Officer.
11. Reports intended for Council meetings must be submitted to the Clerk in accordance with the timescales prescribed in the appendix to the programme of meetings.
12. Every Notice of Meeting must state the business to be transacted at the meeting as set out in Standing Order 32. No other business will be dealt with unless it is submitted to Council as a matter of urgency under Standing Order 30. If however a meeting is called in terms of Standing Order 10(c), only the business listed in the request will be dealt with.
13. Notices, agendas and reports will be sent to all members at least three clear working days before meetings or, if convened at shorter notice, then as soon as meetings are convened.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619APP3.DOC 14. Notices, agendas and reports will be left at or sent by post to a member’s home, or any other address that he or she requests.
15. Public notice of the time and place of meetings, listing the business to be transacted, will be posted at the offices of the Council, Old Viewforth, Stirling at least three clear working days before the meeting. If the meeting is convened at shorter notice, then the notice will be posted at the time it is convened.
NOTICES OF MOTION
16. Every notice of motion will require to be in writing, signed by the member giving notice, countersigned by one other member and delivered to the Clerk at least five clear working days before the next ordinary meeting of the Council. All motions received within this timescale will be included in the summons for that meeting in the order in which they were received.
17. If a motion, which is specified in the summons, is not moved at that meeting, either by the member who has given the notice or by some other member on their behalf, it will, unless postponed by the Council, be dropped and not moved again without fresh notice being given in terms of Standing Order 16.
18. Standing Orders 16 and 17 will not apply to procedural motions, motions which are moved by members in pursuance of a minute or report, to motions simply proposing further consideration of a report or to motions (and amendments) that are fully set out in a minute of the Executive, a Committee or Panel.
CANCELLATION OF MEETINGS
19. Meetings of the Council cannot be cancelled once the public notice calling the meeting has been issued. When a meeting is cancelled in advance of the issue of the public notice, the Clerk will send notice of the cancellation to all members as soon as practicable.
PUBLIC ACCESS
20. Every meeting of the Council will be open to the public, except in special circumstances which are set out below:-
(a) the public must be excluded from a meeting of the Council where it is likely, because of the business itself or what might be said, that confidential information (as meant by the relevant law) would be given to members of the public; and/or
(b) the Council may decide, by passing a resolution at any meeting, to exclude the public when they are considering an item of business if it is likely because of the business itself or what might be said, that exempt information (as meant by the relevant law) would be given to members of the public. The resolution to exclude the public will make clear which part of the proceedings of the meeting it applies to and explain why the information is exempt.
21. If the Clerk believes that it is likely that exempt or confidential information (as meant by the relevant law) will be given to members of the public they may exclude the
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619APP3.DOC whole of a report (or any part of a report) from public viewing. Every copy of any report in that category (or part of that report) will either be marked “Not for Publication” or marked “Confidential”.
22. Copies of agendas and reports for meetings of the Council will be available for the public at meetings and at the offices of the Council, Old Viewforth, Stirling, Local Offices and Libraries during normal office hours for 3 clear days before meetings. Minutes of meetings of the Council will be published in the public volume of minutes issued with the Council agenda.
23. Except at the discretion of the Provost, the Council will not allow the taking of photographs, use of mobile telephones, or music players during meetings, or to the radio or television broadcasting or tape recording of meetings.
QUORUM
24. No business will be carried out at a meeting of the Council unless at least 11 members of the Council are present.
25. In the event of any vacancies among the membership of the Council, the quorum will be adjusted as follows:-
21 11 20 10 19 10 18 9 17 9
and so on provided always that the quorum will never be less than the legal minimum of one quarter of the Council (i.e. 6).
26. No business will be carried out at a meeting of the Executive, a Committee or Panel unless the requisite quorum is present. The quorum for the carrying out of business at a meeting of the Executive, Scrutiny Committees, or other Committees known as Panels is as set out in Standing Orders 85, 89, and 106 respectively.
LACK OF A QUORUM
27. If there is no quorum within 15 minutes from the designated start time for a meeting of the Council, the Provost will adjourn the meeting to another date and time. If the Provost is among those absent, the Clerk will minute that no business was transacted because of the lack of the necessary quorum.
28. If during any meeting of the Council the attention of the Provost is called to the number of members present, he or she will direct the Clerk to call the roll and if a quorum is not present the meeting will immediately be adjourned. If less than a quorum of the Council is entitled to vote on an item because of declarations of interest, that item cannot be dealt with at the meeting.
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FAILURE TO ATTEND MEETINGS
29. Subject to the Act of 1973, if a member has attended no meetings of the Council, the Executive, any Committee or Panel or any Joint Committee or Joint Board which has Council functions delegated to it within a six month period, the Clerk to the Council must advise the Council of this (unless the member has been granted leave of absence by the Council). The Council will then consider whether the absence was caused by some reason approved by them. If they are not satisfied about the cause of the failure to attend, the member will cease to be a member of the Council.
URGENT BUSINESS
30. Urgent business may be considered if the Provost rules that there are special reasons why it is a matter of urgency. The Provost must give those reasons which will be specified in the minutes. The item must be made known at the start of the meeting when the Provost will also confirm when it will be considered in the order of business.
ORDER OF BUSINESS
31. The Provost may make a statement at the start of a meeting on any matter that affects the Council's interest. There will be no debate on such matters.
32. The business of the Council will proceed in the order specified in the notice calling the meeting which will be as follows, unless circumstances dictate otherwise:-
(a) Notification of Apologies (b) Notification of Substitutions (Executive, Committees and Panels only) (c) Declarations of Interest (d) Urgent Business brought forward by the Provost in terms of Standing Order 30, intimated at the start of the meeting and discussed in the order determined by the Provost. (e) Written Questions (Council only) (f) Question Time (Council only) (g) Appointments and Resignations (Council only) (h) Call-ins (Council and Service Delivery & Performance Committee) (i) Reports by the Executive, Committees or Panels (j) Business submitted directly to the Council (Officer Reports) (k) Statutory Motions (Council only) (l) Notices of Motion previously intimated in terms of Standing Order 16 (Council, Executive and Committees only).
33. The order of business for an adjourned meeting will be as set out in the original calling Notice. Any item may be taken out of order at an adjourned meeting if the Provost decides this or a member suggests this and those at the meeting agree.
34. There will be an automatic 10 minute “comfort break” for every 2 hours of sitting.
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35. At each ordinary meeting of the Council any member can put one question about relevant and competent business not already on the agenda to the Provost, the Leader of the Council, any Executive member with relevant responsibility or Scrutiny Committee Chair or the Chair of any other Committee or Panel as appropriate. The written question will be answered by the person to whom it is asked. No member can put more than one question at any meeting. The member must give notice in writing of their question to the Clerk by 12 noon, two clear working days prior to the day of the meeting.
36. Questions and written answers will be copied and numbered in the order received. They will be tabled one hour before the start of the meeting.
37. Arising from each written answer, the member who put the written question may put one supplementary question. This will be answered verbally by the person to whom the original question was put. Written questions and answers and supplementary questions and answers will be minuted in the form of an appendix to the minutes.
38. Except by the leave of the Provost, the total time allowed for asking a supplementary question and replying to it will not exceed three minutes.
39. No discussion will be allowed on any written or supplementary questions or their answers.
40. If the Provost rules a question out of order, the question will not be answered. The Provost may decide to disallow any supplementary question if he or she rules that the supplementary question is not relevant to the subject of any of the written questions answered at the meeting.
41. Except by leave of the Provost, the total time allowed for written questions and supplementary questions will not exceed 30 minutes. If a member does not have the opportunity to put a supplementary question because no time remains, then he or she can submit it in writing to the Clerk who will arrange for a written answer to be provided within seven working days.
QUESTION TIME
42. At each ordinary meeting of the Council, 30 minutes will be allowed for question time when any member can put a question to the Provost, the Leader of the Council, any Executive member with relevant responsibility or Scrutiny Committee Chair or Chair of any other Committee or Panel as appropriate regarding any business included in the volume of minutes for that meeting. Any questions will be answered verbally by the person to whom the question is put. Questions and answers will be minuted.
CONSIDERATION OF REPORTS & RECOMMENDATIONS
43. At the discretion of the Provost, the nominated officer may be invited to introduce a report. Introductions will normally be limited to three minutes. Any presentations to Council will be notified in advance on the agenda and will be limited to 10 minutes. Exceptionally, the Provost may allow a longer presentation on an agenda item.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619APP3.DOC 44. Members will then have the opportunity to ask questions, seek clarification or request further information. Where there is no presentation or introduction the Council will move directly to this stage.
45. The Provost will then invite the relevant Executive member to propose adoption of the recommendations set out in the report under consideration, with or without amendment.
46. The matter will then be open for general discussion for a period not exceeding 10 minutes.
47 If there is consensus, the Provost will ask if the Council is in agreement with the recommendations contained in the report and unless any member indicates otherwise in terms of Standing Order 48, the matter will be so determined.
48. When no agreement has been reached in terms of Standing Orders 45-47, then notice of a motion, amendment(s) or the direct negative must be given and the Council will then proceed to Standing Order 49.
DEBATES
Determination of issues where there is no consensus and consideration of Notices of Motion in terms of Standing Order 16
49. The motion and any amendments will be given in writing to the Clerk to the Council together with 40 copies, which will then be made available to every member of the Council, the Clerk, officers and members of the public and press in attendance. In the case of a motion in terms of Standing Order 16, which has been included on the agenda for the meeting, copies of the motion need not be made available.
50. Every amendment must be relevant to the motion to which it is moved. The Provost will decide on matters of relevancy and will have the power, with the consent of the meeting, to join motions or amendments (including the direct negative) which are consistent with each other.
51. All additions to, omissions from or variations on a motion will be considered as amendments to the motion and will be dealt with accordingly.
52. The motion will be formally moved by a member and seconded by another member who may reserve their right to speak. Members will then move amendment(s) or the direct negative, which will require to be seconded by another member who may also reserve their right to speak. The matter will then be opened up for formal debate.
53. A member can only move or second one proposition (a motion, amendment or direct negative) on any matter on which the Council cannot reach consensus. However, a member can also move one procedural motion under Standing Order 59 during consideration of the same item.
54. A proposition once moved and seconded will not be withdrawn unless the mover and seconder agree.
55. A member who wants to speak will stand up when called upon and will address the Provost. The member will speak directly on the motion or amendment that is being proposed, seconded or discussed.
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56. No member can speak more than once on any subject that is being discussed except on a point of order or (with the permission of the Provost) to provide an explanation. When a point of order is raised, the member speaking at that time will stop speaking and take his or her seat. The Provost will then determine whether the mover of the proposition should reply and may limit the length of reply if the mover is being engaged in further debate.
57. The mover of a proposition may speak for no more than five minutes and the seconder may speak for no more than three minutes. All other members will speak for no more than two minutes although the Provost may allow members to engage in free debate within reasonable limits.
58. The member moving a motion, the direct negative or amendment may reply in reverse order to sum up, provided that the summing up does not introduce any new matter into the debate. A member exercising the right to sum up will speak for no more than three minutes, except by permission of the Provost.
59. The following procedural motions will be permitted during discussion of any item. They will be moved, seconded and put without discussion:-
(a) “that the meeting proceed to next business”; (b) “that the question is now put to the vote”; (c) “that the vote be taken by a show of hands or by secret ballot.
60. Motions or amendments that are not seconded will not be discussed or included in the minutes but the proposer can require that his or her dissent be minuted. Dissent will not be recorded if the vote is taken by roll call.
VOTING (OTHER THAN APPOINTMENTS)
61. Subject to these Standing Orders and any statutory provision requiring a minimum number of votes to decide a matter, every question which is the subject of a division will be determined by a majority of votes of the members present and voting. In the event of an equality of votes the Provost will have a second or casting vote.
62. Subject to these Standing Orders, voting will be by a roll call vote where the names for or against the motion or amendment and those not voting will be taken down in writing and entered into the minute.
63. Voting will begin when the Clerk has put all competent motions and amendments before the Council. Members present at the meeting and eligible to vote will vote either “for” or “against” each amendment, to be taken in the order moved or in the order determined by the Provost.
64. If an amendment is not carried, any other amendments will be voted on. If an amendment is carried, it will take the place of the original motion (and become the substantive motion) and any remaining amendments will be voted on in the same manner. After all amendments have been disposed of, members will then vote “for” or “against” the motion (either the original motion or the substantive motion) remaining before the meeting.
65. Where the direct negative has been moved in addition to one or more amendments, the direct negative will be taken last.
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66. Where only the motion and the direct negative are moved and seconded, a straight vote will take place “for” or “against” the motion.
VOTING (ALL APPOINTMENTS)
67. When nominating or appointing a member of the Council or any person to any office where the number of candidates is more than the number of vacancies, the person to be selected will be decided by a vote or votes. Members will be entitled to vote for as many candidates as there are vacancies but cannot cast more than one vote for any one candidate. For voting purposes, each candidate will be taken in turn in alphabetical order (by surname).
68. If, as a result of voting, there is an absolute majority (that is - half of those present plus 1) in favour of a candidate or candidates for the vacancy or vacancies to be filled, such candidate or candidates will be declared elected, selected or appointed as the case may be.
69. If there is no such majority, then a fresh vote will be taken provided that:-
(a) the candidate receiving the least number of votes will be dropped from the list and a fresh vote taken. This process of elimination will continue until there is an absolute majority of votes in favour of the candidate or candidates for the vacancy or vacancies to be filled;
(b) if an absolute majority vote is not secured on the second vote, then as long as the candidate or candidates with the most votes has/have received a simple majority of the votes cast then they will be declared elected, selected or appointed as the case may be; and
(c) in any case of equality of votes, on the advice of the Clerk, the decision on which candidate or candidates will be eliminated from the process will be decided by lot.
70. At any stage members can, by unanimous agreement, exclude candidates who they consider have no prospect of being appointed.
REVOCATION OF PREVIOUS RESOLUTIONS
71. No motion which seeks to alter or revoke a decision of the Council, or has that effect, will be considered or passed until at least six months after the decision was taken originally, unless:-
(a) the Provost is satisfied that a material change of circumstances has occurred, or
(b) notice has been duly given in the summons that such a resolution may be revoked or altered, unless the revocation or alteration is inherent in the terms of a report or minute to the Council.
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SCHEME OF DELEGATION & APPOINTMENT OF COMMITTEES etc.
This section of the Standing Orders must be read in conjunction with the Council’s Scheme of Delegation
72. The Council will prepare and adopt a Scheme of Delegation providing for the delegation of its functions to Committees, Panels and Officers. For the avoidance of doubt, there will be no delegation of powers to individual members of the Council.
73. Subject to any legal requirement, the Council can amend its Scheme of Delegation and the constitution, membership and functions of the executive, Committees and Panels, and its delegations to Officers, as and when it considers necessary.
74. The Executive, Committees and Panels must follow any instructions or decisions the Council makes on matters of principle.
The Executive
75. The Council will establish a Committee to be known as the Executive to discharge the functions set out in the Scheme of Delegation.
76. The Executive may choose not to discharge a particular function, but to make a recommendation on the matter to the Council. The Executive may also make recommendations to the Council with regard to functions that the Council has reserved to itself.
77. The Executive will be appointed by Council and (subject to Standing Order 83) will comprise six members.
78. The Provost will not serve on the Executive or substitute for another Member.
79. In appointing members to the Executive, the Council will allocate portfolios as follows: Executive member with Portfolio for Policy, Strategy & Performance (the Leader of the Council) Executive member with Portfolio for Children & Lifelong Learning Executive member with Portfolio for Community & Housing Strategy Executive member with Portfolio for Community Planning Executive member with Portfolio for Corporate, Resources & Economy Executive member with Portfolio for Environment
80. The Leader of the Council will be the Chair of the Executive and the Depute Leader of the Council will be the Depute Chair of the Executive.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619APP3.DOC The Executive cont/-
81. Political groups not represented on the Executive may nominate members to act as shadow spokespersons in relation to any of the Portfolios set out in Standing Order 79.
82. The Executive will be scheduled to meet on a Thursday in week one of the cycle. Agendas for meetings of the Executive will be issued to all members of the Council.
83. At every meeting of the Executive in addition to discharging ordinary business, the Executive will discharge education functions on the Council’s behalf, at which point, the membership of the Executive will include:-
(a) three representatives of religious bodies appointed under Section 124 of the Local Government (Scotland) Act 1973. These members will be counted for the purpose of establishing a quorum and will have the same voting rights as elected members. They will not be able to appoint substitutes,
(b) three members representing the opposition political groups of the Council, and
(c) one/two teachers elected by teaching staff employed by the Council. These members will not be able to vote or appoint substitutes,
always provided that at least one half of the voting membership present at the meeting must comprise members of the Council.
84. Substitution will be permitted with the exception of the Provost and members appointed under Standing Order 83 (a) and (c), provided that the appointed member has told the Clerk the name of the substitute member in advance of the meeting. The substitute member will be a member of the Committee for that meeting and will be entitled to take part in the meeting with the full powers, duties and responsibilities of the appointed member.
85. No business will be carried out at a meeting of the Executive unless at least three members of the Executive are present excepting that when the Executive discharges education functions on the Council’s behalf, the quorum will be six for that part of the meeting.
86. The Clerk will issue a provisional decision notice detailing decisions taken by the Executive to all members of the Council by 4.00 pm on the day after the Executive meets.
87. No action will be taken on decisions taken by the Executive, until a final notice detailing those items:
(a) called-in; (b) referred to Council; and (c) which can be actioned with immediate effect,
has been issued by the Clerk to all members of the Council. The final notice will be issued no later than 5pm four working days after a meeting of the Executive.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619APP3.DOC Scrutiny Committees
88. The Council will establish two Scrutiny Committees namely:
(a) Service Delivery & Performance, and (b) Governance & Audit
to discharge the functions set out in the Scheme of Delegation.
89. The Service Delivery & Performance Committee will comprise six members of the Council drawn from among the opposition members on the Council. The quorum of the Service Delivery & Performance Committee will be three. The Governance & Audit Committee will comprise seven members of the Council, including the Executive Members with Portfolio for Policy, Strategy & Performance and Portfolio for Corporate, Resources & Economy and five members drawn from among the opposition members on the Council. The quorum of the Governance & Audit Committee will be four.
90. The Council will appoint a Chair and Depute Chair of each Scrutiny Committee drawn from amongst the opposition membership on the Council.
91. The Service Delivery & Performance Committee will meet on a Thursday in week three of the cycle. The Governance & Audit Committee will meet on a Thursday in week two of the cycle.
92. Substitution will be permitted provided that the appointed member has told the Clerk the name of the substitute member in advance of the meeting. The substitute member will be a member of the Committee for that meeting and will be entitled to take part in the meeting with the full powers, duties and responsibilities of the appointed member.
93. Scrutiny Committees may invite individuals and/or representatives of organisations with expertise or interest in aspects of their remit, either as regular participants or for a specific topic. These individuals/representatives will not be counted for the purposes of establishing a quorum, will not be entitled to vote and will not be able to appoint substitutes.
The “Call-in” Process
94 The Service Delivery & Performance Committee may call-in any item from a meeting of the Executive, using the call-in process set out in Standing Orders 95-101.
95. A meeting of the Service Delivery & Performance Committee Chair and Depute Chair will be scheduled to take place in week two of the cycle of meetings following the issue of the provisional decision notice of the Executive to consider those matters which may be called-in.
96. Requisitions calling-in decisions of the Executive must be signed either (a) by three members of the Council, one of which must include the Chair of the Service Delivery & Performance Committee, or (b) by a majority of the membership of the Service Delivery & Performance Committee, and be delivered to the Clerk to the Executive no later than 12 noon four working days after the meeting of the Executive.
97. Decisions that are called-in in will be placed on the agenda for the next meeting of the Service Delivery & Performance Committee.
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98. Agendas for Scrutiny Committees will be issued to all members of the Council.
99. The relevant Executive members with Portfolio should attend Scrutiny Committee meetings to answer questions on matters called-in.
100. Decisions called-in by the Service Delivery & Performance Committee will be dealt with as follows:
(a) where the Committee agrees on a majority vote with the decision of the Executive, it can be implemented without further delay, but
(b) where the Committee does not agree on a majority vote with the decision of the Executive, it will be referred to Council with or without recommendations for alternative action, as determined by the Committee.
101. Following meetings of the Service Delivery & Performance Committee, the Clerk will issue a decision notice by 4.00 pm on the day after the meeting.
Scrutiny Panels
102 Scrutiny Panels can be established by a Scrutiny Committee or the Council. The Executive can make recommendations to Council for the establishment of such Panels.
103. Scrutiny Panels will meet in public unless otherwise determined by the Chair of the Panel, on the days, at the times and in the places fixed by the Chair. Other than the provisions of Standing Orders 102 - 105, the provisions of Standing Orders will not apply to these Panels on the basis that they will have no formal decision making powers. In all other respects, Scrutiny Panels will be supported by officers of the Council and will conduct their business in accordance with the Guidelines for Scrutiny Panels (Appendix 1).
104. Any member of a Scrutiny Panel who wishes to prepare a minority report must advise the Clerk and the Chair of the Scrutiny Panel in writing before the report is submitted to Council/the Executive/Scrutiny Committee as appropriate. The Member then has until the next available meeting to prepare their report. The Scrutiny Panel report and the Minority report will be included on the agenda for the next appropriate meeting.
105. In establishing and appointing members to such Panels, Scrutiny Committees or Council will have regard to the following provisions:-
(a) each Panel will require to have a clear remit and be established for a specific period of time;
(b) each Panel will have a minimum membership of three and a maximum membership of five, depending on the nature of the topic to be scrutinised;
(c) the quorum will be three;
(d) members of any Scrutiny Panel should be drawn from among the membership of the parent body (Scrutiny Committee or Council). Scrutiny Panels set up by a Scrutiny Committee will be chaired by an Opposition
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619APP3.DOC member. The Executive can recommend to Council that a Scrutiny Panel is chaired by either an Administration or an Opposition member.
(e) The Chair of a Scrutiny Panel should not be the Executive member with Portfolio or the opposition spokesperson with the remit which incorporates the area of scrutiny review;
(f) each Panel will have the power to co-opt statutory members of the Executive, service users and members of the public;
(g) each Panel will also have the power to call expert witnesses, other professionals or interest groups for advice, and
(h) Panels established by the Scrutiny Committees or on the recommendation of the Executive will report back to the parent Committee before being referred, with or without amendment, for a decision by Council.
Other Committees (Panels)
106. The following Committees (known as Panels) will also be appointed by the Council with the functions set out in the Council’s Scheme of Delegation:
Name of Panel Membership Quorum Notes Appointments 6 3 a Appeals 5 3 b Chief Executive’s Appraisal 4 3 c Panel Childcare 4 3 Citizenship Appointments 3 3 Directors/Assistant Chief 4 3 d Executive’s Appraisal Panel Finance 4 3 Grievance & Discipline 4 3 (Chief Officials) Health & Safety 5 3 Parental Appeals 3 3 e Planning Panel 8 4 Provost’s 5 3 f Regulatory Functions 6 3 Social Work Complaints Review 3 3 g
Notes
a. Appointments
Comprising the Leader of the Council or Executive Member with Portfolio for Corporate, Resources and Economy, the Executive member with Portfolio relevant to the appointment, the Leader of the main opposition group and three relevant opposition groups’ spokespersons.
b. Appeals
In the case of appeals, membership must exclude any members who have been party to, or associated with, the decisions being appealed.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619APP3.DOC c. Chief Executive’s Appraisal Panel
Comprising the Leader of the Council, the Leader of the main opposition group and 2 opposition members.
d. Directors/Assistant Chief Executive’s Appraisal Panel
Comprising the Leader of the Council, one main Opposition Spokesperson and one member from each of the remaining political groups.
e. Parental Appeals
Three members from a pool of trained people to be drawn from the following categories:-
(a) four members appointed by the Council;
(b) parents of children of school age;
(c) persons with experience in education and acquainted with educational conditions in the Council’s area, nominated by the Director of Children’s Services.
f. Provost’s
When considering matters relating to the Bridge of Allan Common Good Fund, the membership of the Panel will be increased to include the 4 members for Ward 3, who will have full voting rights on matters affecting that Common Good Fund. The quorum for such meetings will be four (one of whom should be from Ward 3).
g. Social Work Complaints Review
Three persons, comprising two members of Council not appointed to the Executive and an independent Chair drawn from an approved pool of ‘experts’ appointed by the Citizenship Appointments Panel.
Recommendations of the Social Work Complaints Review Panel will be submitted to the Council for consideration.
Substitutes
Subject to any statute, statutory scheme or administrative procedure of the Council, members of all of the above Panels can appoint an appropriately trained substitute member to attend a meeting of the Panel if they will be absent. Provided that the appointed member has told the Clerk the name of the substitute member, the substitute member will be a member of the Panel for that meeting and will be entitled to take part in the meeting with the full powers, duties and responsibilities of the appointed member. A member (whether the original member or a substitute) may not be replaced during the course of the meeting or at any adjourned meeting. In relation to the Appointments Panel, a member or substitute member must attend the entire appointment process, including shortleeting.
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107. The Council will appoint a Licensing Board, comprising eight members. The Council will nominate a Chair and Depute Chair for appointment by the Licensing Board. The quorum for the Licensing Board is one half of the total number of members of the Board (i.e. 4).
Member/Officer Working Groups
108. The Council and the Executive may establish such member/officer working groups, as it considers appropriate. The provisions of Standing Orders will not apply to these groups on the basis that they will have no formal decision making powers. These Groups will meet in private and operate in accordance with the guidelines for Member/Officer Working Groups approved by the Council (Appendix 2).
Community Planning & Best Value
109. The Council will form Area Community Planning Forums for as many areas of the Council as it will determine to assist in its duties under Local Government in Scotland Act 2003 as it applies to Community Planning and Best Value.
110. The functions of Area Community Planning Forums will be as follows:
(a) to advise the Executive or Scrutiny Committees on matters of interest in their area; (b) to assist all members in listening to, consulting with and representing their communities; (c) to build partnerships within the Council, other local, public, private and voluntary sector organisations and local people; (d) to develop Area Plans as part of the wider community planning process; (e) to monitor performance against targets; and (f) to influence the delivery of particular services within existing budgets
DISORDERLY CONDUCT
111. In order to stop disorderly conduct or other misbehaviour at a meeting, the Council can exclude members of the public whose presence or actions are stopping the good conduct of the meeting. If a member of the public interrupts any meeting, the Provost may warn the person that if they continue the interruption, the Provost may ask that they leave the chamber. The Council Officer will act on any orders received from the Provost to this effect.
112. In the event of a member disregarding the authority of the Provost, or behaving obstructively or offensively, the Provost will first ask the member to refrain from such behaviour, failing which a motion may be proposed and seconded to suspend the member for the rest of the meeting. The motion will be put without discussion. If it is carried, the Council Officer will act on any orders received from the Provost to carry out the decision.
113. In the event of disorderly conduct by a member of the public or a member, it will be open to the Provost to adjourn a meeting to another time on the same day or to another date and time.
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114. If, at any time, a question arises on whether any of these Standing Orders conform to legislative provisions, the Clerk to the Council will rule on whether the queried Standing Order should be overridden.
115. These Standing Orders must be read in conjunction with the following Governance and Corporate Documents:-
(a) Scheme of Delegation (b) Contract Standing Orders and Financial Regulations (c) Council approved Budget & Policy Strategies (d) Code of Conduct for Elected Members (e) Officer’s’ Ethical Framework (f) Guidelines for Scrutiny Panels (g) Guidelines for Member Officer Groups
116. The provisions of these Standing Orders will apply to the Executive, Committees or Panels as they apply to the Council except in respect of Standing Orders 4, 6-8, 24- 25, 35-42, 67-70 and 118-119 which only apply to Council (with the exception of Standing Orders 67-70 which will also apply to the Appointments Panel). Standing Orders which are specific to the Executive, Scrutiny Committees, Scrutiny Panels or Panels are as follows:-
Executive Standing Orders 75-87 Scrutiny Committees Standing Orders 88-101 Scrutiny Panels Standing Orders 102-105 Panels Standing Order 106
117. References in these Standing Orders to the Provost, Executive Chair or Chair includes his or her appointed Depute or any other member when acting in their absence.
SUSPENSION & AMENDMENT OF STANDING ORDERS
118. As long as it is consistent with any statutory provisions, any one or more of the Standing Orders can be suspended at any meeting, provided that two-thirds of the members of the Council who are present agree.
119. No alteration of these Standing Orders will be made:-
(a) without notice being given at one meeting of the Council to be discussed at the following one, which alterations will not come into effect except on a resolution, passed by a majority of the members present and voting or
(b) excepting that a report can be submitted to any meeting of Council by the Clerk to the Council, proposing alterations, which alterations will be inherent in the terms of a report or minute to the Council, so as to come into immediate effect on a resolution passed by a majority of the members present and voting.
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APPENDIX 1
Stirling Council
SCRUTINY GUIDELINES
Background Best Value as an approach has been in place, albeit on a 'voluntary' basis, since 1997. Elected Members in many councils have been closely involved in the development of Best Value in their Council both at a strategic and service level and this has led to the development of considerable expertise and experience on Best Value and Scrutiny.
The Local Government in Scotland Act 2003 makes Best Value a statutory duty by placing on councils a duty to make arrangements to secure continuous improvement in performance. The Scottish Executive (now Government) issued statutory guidance on the arrangements that councils should put in place to support Best Value.
A key feature of Best Value is that no area of work should be 'protected' from consideration for scrutiny and review. Scrutiny reviews can encompass process based and service reviews as well as strategic reviews such as appraisal of Public Private Partnership schemes and housing stock transfer schemes. Strategic or thematic reviews, possibly cutting across services or involving other public sector or community partners, may have a greater impact than more narrowly focussed service reviews.
Elected Members are well placed to ensure that reviews focus on achieving real improvements in service delivery for communities. It is essential then that Elected Members approve the overall process and policies governing scrutiny, review and option appraisal processes and that they are involved at key stages in the process.
The review and scrutiny process should be used to challenge service performance. The reporting of reviews and scrutiny process should enable Members to question and challenge the outcomes of reviews. Obviously it is essential to maintain an 'open mind' in respect of preferred service providers and base decisions on evidence and performance.
In Stirling Council, there are two scrutiny committees; the Governance & Audit Committee and the Service Delivery & Performance Committee. The Committees are the main way by which the Executive is held to account. The committees are able to request independent research and expertise to help with their enquiries as well as questioning members of the Executive and chief officers about their decisions.
The membership of the Governance & Audit Committee comprises Elected Members from all the political parties. The Service Delivery & Performance Committee is comprised of Opposition members. Both Scrutiny Committees can include co-opted members from other interested groups with particular expertise.
Scrutiny should always aim to be proactive and positive, and not adversarial and negative. To date, the Council has continued to develop a consensual and robust process of scrutiny. The ultimate aim of both the Executive and Scrutiny is to improve the Stirling area for its communities and the people who work in and visit the area.
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In summary, a broad definition of scrutiny includes the following aspects:-
• scrutiny of policies and policy development • scrutiny of policy implementation and effectiveness • scrutiny of allocation and use of resources • scrutiny of service delivery and performance • scrutiny of executive decision-making • scrutiny of officer decisions/actions • scrutiny of legal, administrative and financial probity • scrutiny of best value reviews • scrutiny of other public services – the community leadership role
Obviously, there is some overlap between several of these aspects of scrutiny, but it is helpful to consider each aspect separately.
AD-HOC SCRUTINY PANELS
Ad-hoc Scrutiny Panels are set up to investigate an aspect of service delivery within the Executive’s, the Council’s or a Scrutiny Committee’s remit. In reporting back to the Executive, Council or a Scrutiny Committee on their findings, they are expected to make reflective, reasoned and evidence-based recommendations where action could be taken to improve service-delivery in the area investigated. It is for the Executive or the Council (as appropriate) to determine what its response to any Panel’s findings will be. As a result, any Panel established by a Scrutiny Committee must report through that Committee to the Council or the Executive (as appropriate). The Executive can only establish Scrutiny Panels on the agreement of Council and must work to an agreed work-plan.
Scrutiny Panels are then, not decision-making bodies but they are influencing bodies so their success will depend on how well they develop influencing skills and channels. As with most things, scrutiny has to be made to work. They must serve a useful purpose otherwise why bother? There is a concern that they may represent additional workload for officers and members and whilst this must be guarded against, the outcomes generated through effective scrutiny processes should add substantial value to the work of the Council if they result in improved service effectiveness and efficiency.
PRINCIPLES OF WORKING As a starting point, it may be useful for a Panel to consider the underlying principles that will govern its way of working. The following principles have been previously agreed by the Council as key to ensuring effective scrutiny:-
• the overriding purpose of scrutiny is to ensure continuous improvement • scrutiny should be public (except where dealing with “exempt information” as defined in legislation) and its outcome should be public • scrutiny should be more systematic and less ad hoc • scrutiny should involve all Members (as far as this is appropriate) • detailed, in depth scrutiny of particular areas of concern should be possible • scrutiny should be informed by citizens, communities and service users • scrutiny should be informed by employees as well as managers • scrutiny should be informed by best practice elsewhere
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Building on these principles, a Panel, which adopts a deliberative, investigative and evidence-based approach, is likely to produce the greatest results. The work will also require scrutiny Panels to be proactive, willing to shape their own agendas and work loads. Scrutiny of service delivery and performance is a concern of all Members in their representative role. In addition, it is obviously a key concern of the Administration which has to account to the public for its management of the Authority. Successful Panels are likely to be responsive and flexible to the concerns of both the ‘Representative’ and Administration perspective. It almost goes without saying that too hostile or adversarial an approach will cause damaging divisions. Too cosy an approach might mean that Scrutiny Panels fail to undertake a ‘critical-friendly’ role however.
Overall, good practice will involve working in an open, transparent, accountable and inclusive manner - for the Panels, who will meet in private, how they go about their business and account for this in their published reports will be crucial. Many of the greatest gains, it is suggested, could come through adopting an outward-looking focus, involving other partners and the public.
To summarise then, Panels may wish to reflect on the extent to which they will try to be: deliberative; investigative; evidence-based; open, transparent, and accountable in their findings; responsive; outward-looking; inclusive; proactive; and flexible.
ROLES AND RELATIONSHIPS
Through the Executive decision making system Scrutiny Panels are expected to work in a variety of ways. At times the membership of Panels will be drawn solely from a Scrutiny Committee or the Executive, at other times Council may establish Panels that will operate on a cross-party basis, ‘outside’ of the party group system. This has implications for relationships between members, officers, partners and the public. Given that scrutiny is an influencing process, developing effective relationships with the other parts of the system will be crucial to its success.
The role of the Chair and Panel members, in negotiating these relationships will be critical.
Membership
Membership of Panels will be dependent on the nature of the topic to be scrutinised. Each will have a minimum of three and maximum membership of five, with a quorum of three in either case. Members should be drawn from among the membership of the appropriate parent body (Scrutiny Committee or Council). Scrutiny panels set up by a Scrutiny Committee will be chaired by an opposition member. The Executive can recommend to Council that a scrutiny panel is either chaired by an administration or an opposition member. The Chair of a scrutiny panel should not be the Executive member with Portfolio or the opposition Spokesperson with the remit which incorporates the area of scrutiny review
Role of Chair
The range of roles that the Chair might fulfil is very wide, which could lead to a potentially high volume of work. Chairs are will be expected to provide leadership and direction; ensure that work is member-led i.e. that members lead on developing the Panel’s work plan and endeavour to engage all members in this process, and so on. It will be far easier to add items to the Panel’s workload than to remove them so the Chair will be key in acting as a ‘gatekeeper’ by prioritising workload and keeping to time-scale.
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A key role for the Chair is likely to be ensuring that the Panel adopts a ‘critical-friendly’ and constructive approach as it carries out the terms of its remit. The Chair will also have responsibility for ensuring that, as far as possible, a consensus of opinion is reached on the Panel’s findings, conclusions and recommendations. For Panels established by the Council (or on the recommendation of the Executive) or Scrutiny Committees this brings an added challenge and Chairs may find it beneficial to keep appropriate Portfolio holders or Scrutiny Chairs informed of progress being made by the Panel during its investigations.
The Chair will have ultimate responsibility for preparing the Panel’s final report; ensuring that it adequately reflects the considered opinions, findings and recommendations of the Panel. The Chair will be expected to present the Panel’s final report to the appropriate parent body that will then recommend to Council.
Officer Support
It is proposed to adopt an integrated officer approach in supporting the work of Panels. Officer support will be provided from a variety of sources appropriate to the matter under scrutiny. An integrated (i.e. rather than a dedicated or specialist) approach will have ‘invisible’ costs attached to it and this should be monitored and costed by services. All members have expressed the view that the work of Panels must not become a substantial, additional workload for these officers.
The Council has agreed that Scrutiny Panels will meet in public, unless otherwise determined by the Chair, on the days and at the times and in the places fixed by the Panel. The provisions of Standing Orders do not otherwise apply to Panels. The Executive (recommending to Council), the Council or Scrutiny Committees may amend the constitution, membership and remits of ad-hoc scrutiny Panels, as they consider necessary.
Role of Clerk
The Head of Governance will appoint a Clerk. It will be the Clerk’s responsibility to make all arrangements for meetings, visits, and oral hearings and so on and for ensuring the distribution of documentation etc. Beyond this however, the Clerk is expected to be pro- active in working with members and officers to explore and develop different styles of presentation, report and minute/note taking. For example, shorter, summary minutes/reports, with key points clearly identified, may be better suited to the needs of scrutiny. Scrutiny of an issue will often require in-depth, intensive investigation that needs to be project managed by the Chair and the Panel. The Clerk will be expected to up-date the Panel’s work plan, and highlight any potential time-tabling problems; record and index all documentation for ease of reference during the report writing stages, provide a high level of support to the Chair in drafting the Panel’s final report, and so on.
Role of Service Lead Officer
It is suggested that each Service, which is the subject of scrutiny, should identify a Senior Officer who will have responsibility for facilitating the Panel’s work within their Service. Acting only in response to the Panel’s expressed needs, the Service Lead Officer’s role may involve making and facilitating oral presentations relevant to the issue/s under scrutiny; providing statistical/technical information; arranging and facilitating Panel interviews with service officers; undertaking desk-based reviews and preparing summary information on available internal and external documentation (e.g. relevant strategies and plans) etc. Where a need is not expressed, but the officer considers that there are material or other sources of evidence that will add to the Panel’s deliberations, then this should only be
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619APP3.DOC provided after consultation with the Chair. In this way, information overload might be less of an issue.
Service Lead Officers will work closely with the Clerk to ensure visits, presentations etc. meet Panel expectations. Lead officers will also have responsibility for working with the policy officer to source, annotate and where necessary summarise and evaluate other such data, which the Panel may request.
Role of Independent Lead Officer
The Head of Governance will nominate an independent lead officer who will be one step removed from the service being scrutinised (i.e. They will not be directly linked to the service being scrutinised). This officer will provide a range of roles in support of the Chair, the Panel, the Clerk and the Service Lead Officer. They will be expected to adopt a ‘critical friend’ approach in support of the Panel’s efforts to explore all issues relevant to the matter being scrutinised. They will be expected to brief the Chair and the Panel as appropriate in advance of Scrutiny Panel meetings and generally ensure that the Panel does not stray from the terms of its remit. They will be able to undertake or procure research on behalf of the Panel, source material across the organisation and/or externally; annotating, summarising and evaluating such information when necessary.
The more Panels use different methods, the greater the need to manage the process of investigation and review, and this officer might also, at the direction of the Panel, have joint responsibility with the Clerk for project managing the Panel’s work between meetings of the Panel.
DEVELOPING A WORK PLAN
Even when a very light issue for scrutiny has been selected, there is a danger that it might escalate into a very heavy, unrealistic work plan which will be difficult for members and officers to resource. Regularly holding scrutiny meetings with say more than two or three agenda items is likely to push out the more proactive, deliberative work.
Related to both unmanageable work plans and under-resourcing is the issue of poor management of scrutiny processes and outcomes. There needs to be clear forward planning of work, so that both the Scrutiny Panels and officers can prepare in advance of Panel meetings. There is also a temptation with scrutiny work, however well intentioned, to be given, or to ask, for more and more information, which leads to reviews taking far longer than expected. Scrutiny reviews need to have firm deadlines and clear outcomes – all this requires good management processes and mechanisms. Scrutiny Chairs and Panel members have a key responsibility in managing the Panel’s time and workloads. However, this also requires a certain level of officer compliance and support.
There are some relatively sensible guidelines, which, if followed, will avoid overload. The first, and most important, is that Panels will need to filter potential items of work - to be selective and to prioritise. Different items may require different approaches. For example, Panels may need to examine a Service’s forward plans but may only choose to examine one or two items in any depth. A more selective approach, examining more problematic areas in greater depth and others more cursorily (if at all) may pay more dividends. An essential part of this filtering and prioritisation process is simply saying ‘no’. If an issue is deemed not to be high priority by the Panel, or if the time is not considered right, or if another internal or external body has just reviewed the issue or is about to do so, then refusing to take on an issue is a logical step. In order to keep work plans manageable all members will need to ensure that this right is used responsibly however.
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619APP3.DOC Work plans should be reviewed and revised regularly. The Clerk and the Independent Officer can assist in this by reprinting and reviewing the Panel’s work plans for each formal meeting. Probably the best advice is to start small, learning what works and what does not and then Panels can become more ambitious. As stated earlier, it is far easier to add items to the Panel’s workload than to remove them – and while one is disheartening, the other breeds a sense of achievement. It is suggested that Scrutiny Panels should never completely fill up their work plans; there is always a need to leave some space free for urgent, unpredictable issues to be addressed. Some ‘task and finish’ elements of the Panel’s work might be undertaken by members working in pairs, or on their own - with or without officer support, then reporting back to the Panel.
It is suggested that for the first meeting of the Panel, the Service Lead Officer should present an overview of the service in question, which should put the review in context. The Panel, supported by the information provided (oral and written) should try and reach consensus over what issues might merit further investigation. Working back from the date by which the final report will have to be ready for submission to the parent Committee, the Panel should, at its first meeting, work out a calendar of meetings, which identifies key milestones, which might include:-
• A date by which the Panel, having received further information on the areas which they consider might merit further investigation, will have determined the scope of the review – what is to be included and why – what is to be excluded and why – this might even be possible by the end of the first meeting depending on the breadth of the issue being reviewed;
• A date by which a detailed workplan (which should include task descriptors, allocation of responsibilities, visits/interviews to be undertaken, timescales, regular progress reviews etc) will be signed off – this may take a week or two to develop;
• Dates over which the Panel will carry out the tasks identified in its workplan;
• A date by which agreement will have been reached on the Panel’s findings, conclusions and recommendations for inclusion in the final report;
• A date for consideration of the Panel’s draft final report; and
• A date for signing off the Panel’s final report.
Documentation/Evidence Gathering
Internal processes might include discussion within meetings and/or special meetings; • officer reports and presentations; • interviewing officers; • desk-based review of available internal and external documentation (e.g. Relevant strategies and plans, resource data, bench-marking information); • site visits within the authority; • case studies of individual cases; and reviewed internal research. External processes might include interviewing expert witnesses; • conference attendance; • visits to other authorities and other organisations; • engaging partners (business sector, other public agencies, voluntary and community): • co- option of representatives of partner organisations; • interviewing representatives of partner organisations; • visits to view work of partners; and workshops/discussions with partners • engaging the public and users of services: • co-option of representatives of usergroups;• interviewing representatives of user groups;• workshops with representatives of usergroups etc.
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Panels should be a welcome change from the meetings-based approach of the Committee system. Although Panels may choose to use processes aligned to the Committee system (e.g. using the same Committee rooms, set out in the same style; continuing the same officer-member pattern of work; re-creating the same format for minutes and reports) it is suggested that these would be unnecessarily bureaucratic and are unlikely to engender the kind of interaction and engagement that the scrutiny process seeks to achieve.
Simple changes to the layout of a committee room could make a tremendous impact on the style of working. Scrutiny Panels could meet occasionally in a more seminar style of room and format. They might also choose to meet in rooms/offices, community centres, libraries, and leisure centres and so on.
CONTENT OF FINAL REPORT
This may include:-
• Introduction/Background
• Executive Summary of Key findings and Recommendations
• Recommendations
• The Review Process – description of the process and methods used, key findings, summaries of other findings, details of issues not considered and why, the resources used in conducting the review etc.
• Known potential policy/resource implications of the review findings
• Details of any background papers which the Panel agrees may be made publicly available
• Appendices e.g. the Panel’s workplan etc.
FEEDBACK & REVIEW
At the conclusion of a Scrutiny review, a review will be undertaken by the Head of Governance with members of the Panel and lead officers to establish what they thought of the process, its outcomes and how the process might be improved. Assessment and feedback forms will also be sent to all people who attend Scrutiny Panels.
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GUIDANCE FOR THE ESTABLISHMENT OF MEMBER OFFICER GROUPS
1. Member Officer Groups can be set up by the Council or the Executive to develop new policies/revise existing policy areas (as opposed to Scrutiny Panels which are set up to investigate an existing aspect of service delivery, corporate policy/strategy).
2. These policy areas may be identified through the Corporate Plan.
3. The Executive or Council will determine:-
• the remit of the Member Officer Group • its membership • the appointment of a Chair, and • the period of time for which the group will be established
4. A Member Officer Group will also include officers from relevant service(s) and a Clerk. Officers will be appointed by the Chief Executive.
5. Member Officer Groups will in general be time limited “task and finish” groups with a specific, short term, remit. There may however be exceptions to this where the issue relates to long-term policy development.
6. Member Officer Groups are not decision making and any recommendations will require to be reported to the Executive/Council for approval.
7. The provisions of Standing Orders will not apply.
8. Meetings of Member Officer Groups will not be not held in public.
9. Meetings will be held on the days and at the times and in the places fixed by the Member Officer Group.
10. The work of Member Officer Groups may be informed by citizens, communities, service users and employees, through co-option or evidence taking.
11. All Members will receive a copy of the agenda and minutes for meetings of a Member Officer Group, for their information.
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N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619APP3.DOC APPENDIX 4 STATUTORY APPOINTMENTS OF OFFICERS
In terms of various statutes, the Council is required to appoint Officers for a variety of particular purposes. Officers so appointed are empowered to take such action as is implicit in their role. The statutory appointments agreed by the Council are as follows:-
STATUTORY PURPOSE/ROLE OFFICER PROVISION
Social Work (Scotland) Act 1968
s.3 Chief Officer of Social Work. Chief Social Work Officer
Local Government (Scotland) Act 1973
s.33A Proper Officer for various purposes Director of Corporate in connection with Councillors’ Services declaration of acceptance of office.
s.34 Proper Officer for receipt of Director of Corporate Councillors’ resignations. Services
s.43 and Sch.7 Proper Officer for various purposes Clerk to the Council in connection with meetings and proceedings of the Council, Committees and Sub-Committees.
ss.50A-50K Proper Officer for various purposes Clerk to the Council in connection with access to meetings and documents of the Council, Committees and Sub- Committees.
s.92 Proper Officer for dealing with the Head of Resource transfer of securities. Management
s.95 Proper Officer for the Head of Resource administration of the Council’s Management financial affairs.
s.145 Proper Officer in respect of Corporate Asset Ordnance Survey applications. Manager
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20080619.DOC s.190 Proper Officer for service of legal Solicitor to the Council proceedings, notices, etc. on the Council. s.191 Proper Officer in respect of claims Solicitor to the Council on behalf of the Council in sequestrations and liquidations. s.193 Proper Officer in respect of Solicitor to the Council authentication of documents. s.197 Proper Officer in respect of Solicitor to the Council arrangements for the inspection and depositing of documents. ss.202-204 Proper Officer for various purposes Solicitor to the Council in connection with byelaws. s.206 Proper Officer in respect of the Clerk to the Council keeping of a register of persons admitted as freemen of the Council’s area.
Local Government (Scotland) Act 1975 ss.28 and 29 Proper Officer in respect of reports Director of Corporate by the Ombudsman. Services
District Courts (Scotland) Act 1975 s.7 Clerk to the District Court. Team Leader, Legal Services s.18 Clerk of the Peace. Team Leader, Legal Services Licensing (Scotland) Act 1976 s.7 Clerk to the Licensing Board. Team Leader, Legal Services Civic Government (Scotland) Act 1982 s.113 Proper Officer in respect of Solicitor to the Council evidence of management rules.
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Representation of the People Act 1983 s.41 Returning Officer. Chief Executive • Local Government and Housing Act 1989 s.2 Proper Officer in respect of lists of Director of Corporate politically restricted posts. Services s.4 Head of Paid Service. Chief Executive s.5 Monitoring Officer. Director of Corporate Services s.19 Proper Officer for various purposes Director of Corporate in connection with Members’ Services interests.
Requirements of Proper Officer in respect of Solicitor to the Council Writing execution of (Scotland) Act 1995 Deeds and use of the Council’s Para 4, Schedule 2 seal.
Ethical Standards in Proper Officer for all purposes in Director of Corporate Public Life etc. connection with registration of Services (Scotland) Act 2000 Members’ interests and other related purposes under the Councillors’ Code of Conduct.
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