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MINUTES of MEETING of STIRLING COUNCIL Held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on THURSDAY 19 JUNE 2008 at 10.00Am

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MINUTES of MEETING of STIRLING COUNCIL Held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on THURSDAY 19 JUNE 2008 at 10.00Am 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
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