MINUTES of MEETING of STIRLING COUNCIL Held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on THURSDAY 19 MAY 2011 at 6.30 Pm

MINUTES of MEETING of STIRLING COUNCIL held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on THURSDAY 19 MAY 2011 at 6.30 pm

Present: Provost Fergus WOOD (in the Chair)

Councillor Neil BENNY Councillor Graham LAMBIE Councillor Alistair BERRILL Councillor Alasdair MacPHERSON Councillor Margaret BRISLEY Councillor Corrie McCHORD Councillor Ian BROWN Councillor Colin O’BRIEN Councillor Callum CAMPBELL Councillor Paul OWENS Councillor Scott FARMER Councillor Steven PATERSON Councillor Tony FFINCH Councillor Graham REED Councillor Colin FINLAY Councillor Andrew SIMPSON Councillor David GOSS Depute Convenor Jim THOMSON Councillor John HENDRY Councillor Violet WEIR Councillor Graham HOUSTON

In Attendance:

Donald Balsillie, Land Services Team Leader (Countryside), Roads, Transport & Open Space Jim Boyle, Chief Accountant, Finance & Procurement Michael Boyle, Business Support Manager, Education Tony Cain, Head of Housing Claire Dunbar, Committee Officer, Governance Liz Duncan, Acting Solicitor to the Council (Clerk) Lynne Gibbons, Service Manager (Adult Learning & Culture), Communities & Culture Bob Gil, Head of Assets, Property & Facilities Management Les Goodfellow, Head of Roads, Transport & Open Space Janice Hewitt, Assistant Chief Executive (Care, Health & Wellbeing) Bob Jack, Chief Executive Linda Kinney, Assistant Chief Executive (Learning, Empowerment & Citizenship) Rebecca Maxwell, Assistant Chief Executive (Sustainability, Economy & Environment) Katy Oliver, Team Leader (Marketing & Communications), Chief Executive’s Office Kevin Robertson, Head of Planning, Regulation & Waste Robert Ruthven, Library & Archives Service Manager, Communities & Culture Willie Watson, Head of Finance & Procurement

Apologies:

Apologies for absence had been received on behalf of Hazel McMorrow, Head of Governance & Clerk to the Council, John Risk, Head of Improvement & Customer Service and Kathleen Taylor, Head of Communities & Culture.

Prior to the formal commencement of proceedings, the Provost, on behalf of the Council, congratulated members of staff from the Chief Executive’s Office who had been awarded a CoSLA Excellence Bronze Award jointly with Fife and Clackmannanshire Councils for their Corporate Performance Management System Procurement project. He also congratulated the Adult Learning Team who had been awarded an Adult Learners’ Week Award, along with colleagues from Portugal, Spain and Austria, for their project on breaking down personal, social and cultural barriers to learning and who had been commended by Scotland's Learning Partnership for the innovative and progressive nature of the project.

S683 DECLARATIONS OF INTEREST

Councillor Alasdair MacPherson took advice from the Clerk and it was noted that as a member of CND he did not require to declare an interest in Agenda Item 7 (Mayors for Peace).

Councillors Paul Owens and Steven Paterson declared an interest in Item 10 (Stirling District Tourism Limited etc) as they had been appointed by the Council as Directors of the SDT Board. This was noted.

Councillors John Hendry, Graham Reed and Jim Thomson declared an interest in Item 12 (Investing in New Affordable Housing – Innovation and Investment Fund Bid) as they had been appointed by the Council as Directors of Raploch URC. This was also noted.

Councillor Graham Lambie declared an interest in Item E16 (Land Acquisition at Kildean, Stirling) as he was an employee of STEP and agreed to leave the Chambers during consideration of this item.

Councillors Scott Farmer and Callum Campbell also declared an interest in Item E16 as they had been appointed by the Council as Directors of SDA. Councillor John Hendry declared an interest as he had been appointed by the Council as a Director of CSBP. These declarations of interest were noted.

SC684 URGENT BUSINESS

There was no urgent business.

SC685 MINUTES

The following Minutes were submitted for approval:-

a. Stirling Council – 17 and 18 March 2011

Decision

The Minutes of the Meeting of Stirling Council held across 17 and 18 March 2011 were approved as a correct record of the proceedings.

b. Appeals Panel – 26 April 2011

Decision

The Minutes of the Meeting of the Appeals Panel held on 26 April 2011 were approved as a correct record of the proceedings.

c. Local Review Body – 21 April 2011

Decision

The Minutes of the Meeting of Local Review Body held on 21 April 2011 were approved as a correct record of the proceedings.

SC686 WRITTEN QUESTIONS

One written question had been received in terms of Standing Order 36. The question and answer are attached at Appendix 1 to these Minutes.

The Member who had put the written question was allowed one supplementary question and the supplementary question and answer are also included in Appendix 1.

S687 QUESTION TIME

In terms of Standing Order 43, Members had the opportunity to put questions 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 circulated with the agenda for the meeting.

The following question was put:-

Volume Page 118153, Minutes of Special Meeting of the Petitions Panel held on 17 March 2011, Item PT22 (Petitions Update – Allotments Consultation)

Councillor Ian Brown advised that the person charged with taking the Allotments Project forward within Braehead & District Community Council had now resigned along with some other members of the Community Council and he was anxious to ensure that the monies granted by Scottish Government for the project were not lost.

The Portfolio Holders for Empowerment & Citizenship and Environment & Sustainability shared Councillor Brown’s concern and agreed to try to ensure that the monies allocated to Braehead & District Community Council to work on the allotment proposal would not be lost as a result of the recent resignations from the Community Council.

SC688 MAYORS FOR PEACE

At a special meeting of the Petitions Panel held on 17 March 2011 (PT21 refers) a valid Petition entitled “Mayors for Peace”, which was supported by citizens, had been submitted for the Panel’s consideration. The Petition called on the Council to join and participate in the international network Mayors for Peace, which expressed the solidarity of cities across the world that sought the abolition of nuclear weapons.

It was reported that there were different levels of participation in the organisation and that Mayors for Peace worked closely with the United Nations and had approximately 4,500 members across 150 countries, including a number of Scottish local authorities. There was no financial obligation to members of the organisation.

After considering the petition and the representations from the Principal Petitioner and representatives from Stirling CND, the Panel had agreed:

1. to recommend to the Council meeting scheduled for 19 May 2011 that Stirling Council joins the Mayors for Peace organisation;

2. subject to the approval of decision 1 above, that it be remitted to the Provost’s Panel to manage any communication received with regard to media coverage and any request for the Council’s notepaper to include reference to nuclear free Stirling.

Motion

“That the Council approves recommendation 1, i.e. that Stirling Council joins the Mayors for Peace organisation, but does not approve recommendation 2.”

Moved by Councillor Corrie McChord, seconded by Councillor Colin O’Brien

Amendment

Councillor Alistair Berrill, seconded by Councillor Tony Ffinch moved the Direct Negative

On the roll being called the Members present voted as follows:-

For the Motion (19)

Councillor Neil Benny 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 Convener Jim Thomson Councillor Violet Weir Provost Fergus Wood

Against the Motion (3)

Councillor Alistair Berrill Councillor Callum Campbell Councillor Tony Ffinch

Decision

The Motion was carried by 19 votes to 3 and accordingly the Council agreed that Stirling Council would join the Mayors for Peace organisation.

(Reference: Extract from Minutes of Special Meeting of the Petitions Panel held on 17 March 2011, submitted).

SC689 HOGMANAY

The Executive at its meeting on 21 April 2011 had considered a report by the Head of Communities & Culture which set out proposals to develop a best value approach to the delivery of the Hogmanay event until 31 December 2014, highlighting ways in which it might be possible to increase income from the event and maximise benefits to the local economy, stressing the importance of early decision making and recognising the importance of the Hogmanay events in the celebrations for 2014.

The Executive had agreed to refer the report to the Council for decision.

The Provost advised that he had today received a, as yet unverified, petition from over 400 local citizens and a letter from a brewery with 7 licensed premises around the city centre supporting the retention of the Hogmanay event.

In debating this issue, Members considered:-

• The cost of running the event • The need to get accurate statistics on its impact on tourism and the local economy • Whether local businesses would be prepared to provide sponsorship

Motion

“That the Council agrees:-

1. to approve the best value approach to the delivery of Council–supported Hogmanay events within a ‘New Year Festival’ approach;

2. to approve the procurement of external services as detailed, and

3. to authorise officers to invest in an economic impact assessment of Hogmanay 2011.”

Moved by Councillor Steven Paterson, seconded by Councillor Jim Thomson

Amendment

“That the Council agrees:-

1. to note the substantial deficit and lack of financial success of the headline Castle esplanade Hogmanay event, recognises the need for a new approach to festive celebrations in Stirling and agrees to discontinue the event in this format;

2. to note that because the original paper first came forward in April, any planning opportunities for alternative events may be too short for 2011;

3. to resolve to continue holding the fireworks display at the Castle at Hogmanay for the enjoyment of all the citizens of Stirling;

4. to resolve to mandate Economic Development Services to investigate ways to:

(a) In future years, develop the festive programme of events in conjunction with local businesses to generate long term economic benefit for the retail and night-time sectors of the economy.

(b) Enhance any current plans for festive events such as the festive Farmers Market, Christmas lights switch-on, street fairs and entertainment and initiate other events over this festive period.

5. that Economic Services will report to the next appropriate meeting of Executive or Council on progress.”

Moved by Councillor Neil Benny, seconded by Councillor Graham Reed

Councillor Benny confirmed that the cost of the proposals included in his Amendment would be no more than the £45K allocated for Hogmanay at the Council’s budget meeting in February 2011.

On the roll being called the Members present voted as follows:-

For the Amendment (7)

Councillor Neil Benny Councillor Alistair Berrill Councillor Ian Brown Councillor Callum Campbell Councillor Tony Ffinch Councillor David Goss Councillor Graham Reed

Against the Amendment (7)

Councillor Scott Farmer Councillor Graham Houston Councillor Graham Lambie Councillor Alasdair MacPherson Councillor Steven Paterson

Depute Convener Jim Thomson Provost Fergus Wood

Not Voting (8)

Councillor Margaret Brisley Councillor Colin Finlay Councillor John Hendry Councillor Corrie McChord Councillor Colin O’Brien Councillor Paul Owens Councillor Andrew Simpson Councillor Violet Weir

There being an equality of votes, the Provost cast his casting vote against the Amendment and the Amendment fell by 8 votes to 7.

Decision

The Council approved the terms of the Motion without the need for a roll call vote and accordingly agreed:-

1. to approve the best value approach to the delivery of Council–supported Hogmanay events within a ‘New Year Festival’ approach;

2. to approve the procurement of external services as detailed, and

3. to authorise officers to invest in an economic impact assessment of Hogmanay 2011.

(Reference: Extract from Minutes of Meeting of the Executive held on 21 April 2011, submitted).

SC690 COUNCIL REPRESENTATION ON RURAL STIRLING HOUSING ASSOCIATION MANAGEMENT COMMITTEE

On 10 April 2008 the Council had appointed Councillor Graham Lambie as its representative on Rural Stirling Housing Association Management Committee.

Rural Stirling Housing Association was a Registered Social Landlord and Scottish Charity and the main provider of social rented housing in rural Stirling.

The role of a member of the Management Committee Member was to uphold the good stewardship of the Association.

The Association’s Rules provided that any Committee Membership would come to an end in the event that four consecutive meetings of the Management Committee were missed without leave of absence.

The Director of Rural Stirling Housing Association had advised that Councillor Lambie’s membership had lapsed and the Council was invited to nominate a representative for the vacant position.

Councillor Alistair Berrill, seconded by Councillor Neil Benny, nominated Councillor Tony Ffinch for the position of Council representative on Rural Stirling Housing Association Management Committee. There were no other nominations.

Decision

The Council agreed to appoint Councillor Tony Ffinch as the Stirling Council representative on Rural Stirling Housing Association Management Committee.

(Reference: Report by Head of Governance undated, submitted).

SC691 STIRLING DISTRICT TOURISM LIMITED, STIRLING ENTERPRISE AND ECONOMIC DEVELOPMENT COMPANY LIMITED AND STIRLING TECHNOLOGY PROJECTS LIMITED – APPOINTMENT OF DIRECTORS SMITH ART GALLERY & MUSEUM TRUST – APPOINTMENT OF SUBSTITUTE TRUSTEE

Councillor Alasdair MacPherson had recently vacated office as Directors of Stirling District Tourism Limited, Stirling Enterprise and Economic Development Company Limited and Stirling Technology Projects Limited. He had also intimated that he was unable to continue as a substitute Trustee on the Board of the Smith Art Gallery & Museum Trust.

The Council required to appoint replacements for Councillor MacPherson to ensure full representation on each of the Boards in question, noting that the Board of Stirling District Tourism Limited had requested that the Council, when nominating a replacement for Councillor MacPherson, consider appointing a Councillor with experience in business, personnel, accountancy or health and safety.

There were the following nominations:

Councillor Scott Farmer, seconded by Councillor Graham Houston, nominated Councillor Jim Thomson for the position of Director of Stirling District Tourism Limited.

Councillor Scott Farmer, seconded by Councillor Steven Paterson, nominated Councillor Graham Houston for the position of Director of Stirling Enterprise and Economic Development Company Limited.

Councillor Scott Farmer, seconded by Councillor Steven Paterson, nominated Councillor Graham Houston for the position of Director of Stirling Technology Projects Limited.

Councillor Graham Houston, seconded by Councillor Graham Lambie, nominated Councillor Scott Farmer for the position of substitute Trustee on the Board of the Smith Art Gallery & Museum Trust.

In response to a question by Councillor Neil Benny, the Chief Executive confirmed that a report would be coming back to Council reviewing Member and Officer appointments to Council companies and Economic Development organisations.

Decision

The Council agreed to appoint:-

1. Councillor Jim Thomson as a Director of Stirling District Tourism Limited;

2. Councillor Graham Houston as a Director of Stirling Enterprise and Economic Development Company Limited;

3. Councillor Graham Houston as a Director of Stirling Technology Projects Limited, and

4. Councillor Scott Farmer as a substitute Trustee on the Board of the Smith Art Gallery & Museum Trust

to replace Councillor Alasdair MacPherson.

(Reference: Report by Head of Governance dated 27 April 2011, submitted).

SC692 MEDIUM TERM FINANCIAL PLANNING AND MANAGEMENT FRAMEWORK FIRST QUARTER UPDATE 2011/12

The Council had considered a series of updates to the Medium Term Financial Planning & Management Framework during 2010/11, culminating in the setting of a General Fund Revenue Budget in February 2011. That revenue budget, covering 2011/12 only, took account of the known levels of government grant, assumptions about the cost of key unavoidable pressures, corporate growth priorities and savings needed to set an approved budget. The approved budget contained savings of £8.9M, or £10M when compared to the approved target set by the Council in December 2010.

Of the £8.9M savings approved, £6.9M had been identified against the budget workstreams within the change programme. A report submitted by the Chief Executive set out the early progress against the approved budget and would be the first of a series of updates to be provided to the Council during 2011/12. Separate progress reports would also be presented on individual aspects of the change programme.

The report also set out the planned actions to address the budget gap for 2012/13 and beyond, although some of these issues would be subject to further work being carried out to develop them. Progress on these actions would be reported to the Finance Review Group and the Council in due course

Councillors Graham Reed and Neil Benny expressed concern about the potential withdrawal of breakfast clubs, which they understood was a policy saving which would require a Council decision, rather than a management efficiency. The Assistant Chief Executive (Learning, Empowerment & Citizenship) confirmed that there was nothing currently being considered under the Education workstream which had not been set out in the budget papers submitted to Council in February 2011. The Portfolio Holder for Economy, Tourism & Finance asked the Assistant Chief Executive and the Head of Finance & Procurement to prepare a report for the Finance Review Group setting out the policy savings and management efficiencies for Education for the information of Members.

The Head of Assets, Property & Facilities Management updated Members on the vacation of the Municipal Buildings and the rental of accommodation within Viewforth to NHS staff.

The Chief Executive confirmed the position regarding voluntary severance across the Council, including Social Care (Reablement Service) and agreed to speak to Councillor Brown about this in more detail outwith the meeting.

Decision

The Council agreed to note the contents of the submitted report, as part of a regular series of reports to the Council in terms of the Medium Term Financial Planning and Management Framework and progress of the budget workstreams that were being managed by the Finance Review Group and the Management Team.

(Reference: Report by Chief Executive dated 11 May 2011 submitted).

SC693 INVESTING IN NEW AFFORDABLE HOUSING- INNOVATION AND INVESTMENT FUND BID

In February 2011 the Scottish Government had announced the creation of the Innovation and Investment Fund to provide £50M of funding to support the provision of new affordable housing. The fund was to be distributed through three separate “streams” targeted at Local Councils (£20M), Housing Associations (£20M), and a specific stream for innovative projects (£10M).

Bids were to be assessed competitively against a set of criteria that had been published on the Scottish Government’s web site.

The deadline for the submission of bids was 31 May 2011. Projects were to be on site by the end of March 2012.

Elected Members and board members of partner organisations had worked to develop an agreed bid strategy. This work had been undertaken through the Strategic Housing Investment Plan Strategic Review Group and had included further consultation with relevant Community Councils, the Housing Advisory Group and private sector organisations.

A report submitted by the Head of Housing presented four separate bids to the Council for approval, including funding from the Strategic Housing Account and the Housing Revenue Account. The bids could provide up to 22 additional Council homes, and a further 49 rented and 26 shared equity homes through the local housing associations and in partnership with the private sector.

The proposed Council bid built on the existing programme to provide homes to meet the needs of older people and existing tenants with particular needs. It also included a rural general needs development on a site previously approved for development through the Local Plan. The Council had also previously agreed to acquire the site.

Details of the proposed bids by Forth Housing Association and Rural Stirling Housing Association were set out in Appendices 1 and 2 to the report respectively.

The Council was asked to approve the bids and the associated funding proposals.

A bid by Raploch URC to the Innovation Fund had been received following preparation of the agenda papers for this meeting and was the subject of a tabled briefing note. The bid was for 55 mid market rent units to be developed in Raploch and, for the reasons set out in the briefing note, the Head of Housing’s advice was that it would not be appropriate to support it.

In response to a question by Councillor Corrie McChord, the Assistant Chief Executive (Sustainability, Economy & Environment) confirmed that discussions were underway between officers and the RURC Board regarding what assistance the Council could give to support the continued regeneration of Raploch. A report on progress would be submitted to Council in due course. The Portfolio Holder for Housing also advised that he would be lobbying Scottish Government Ministers for additional funding for URCs.

Decision

The Council agreed:-

1. to the submission of a Council bid to the Investment and Innovation Fund as set out in Paragraphs 3.25 to 3.28 of the report submitted by the Head of Housing;

2. that the balance of the costs over and above any grant from the Scottish Government should be met in the first instance from the Strategic Housing Account and thereafter from prudential borrowing on the Housing Revenue Account;

3. to support the bids from Forth Housing Association and Rural Stirling Housing Association as summarised in Appendices 1 and 2 and, in the event of the bids being successful, to provide financial support from the Strategic Housing Account as follows:-

a. £266,464 to Forth Housing Association in respect of the development at the Craighall Street Nursery site;

b. £200,000 to Rural Stirling Housing Association in respect of the Station Wynd, Doune development; and

c. £62,500 to Rural Stirling Housing Association in respect of either or both of the sites in Callander and further agreed that this should be accounted against the commuted sum anticipated in respect of the affordable housing contribution from the developer of the Fairview site in Callander previously agreed by the Loch Lomond and Trossachs National Park.

4. to make a bid to the Innovation Fund as set out in Paragraphs 3.32 to 3.36 of the report and to provisionally allocate £100,000 from the Strategic Housing Account to support the proposed shared equity programme, and

5. not to support the Raploch URC Innovation Fund bid for the reasons outlined in the tabled briefing note.

(Reference: Report by Head of Housing dated 9 May 2011, submitted).

Councillor Neil Benny left the meeting Chamber at this point in the proceedings.

SC694 OCHILS LANDSCAPE PARTNERSHIP

A report submitted by the Head of Roads, Transport & Open Space informed Members of a successful funding application of £631,000 made to Heritage Lottery Fund by the Ochils Landscape Partnership towards the implementation of the Ochils Landscape Partnership Scheme.

Clackmannanshire Council at its meeting on Thursday 21 April 2011 had agreed to be the managing authority for the grant and partnership project.

The project area covered the escarpment of the Ochils from Dumyat in Stirling Council’s area to Glen Devon in Clackmannanshire and incorporating the course of the River Devon.

The Landscape Partnership Scheme had been planned and developed by Clackmannanshire Council and its partners (including Stirling Council) since 2007. In September 2010 Heritage Lottery Fund had confirmed that the Partnership’s application for implementation of the scheme had been approved. The partners were now in the process of taking the necessary steps to receive formal permission to start from Heritage Lottery Fund. This required a formally constituted Partnership, Management Agreement and contract with Heritage Lottery Fund.

Other partners to the constitution within Stirling Council’s area were the University of Stirling, Friends of the Ochils and Logie Community Council. Other National and Forth Valley partner organisations would be signatories to the constitution as detailed in Appendix 1.

Twenty two Project Programme areas had been identified with seven project initiatives likely to fall within the Stirling Council area. These included the Hillfoots Way; Bonnie Blairlogie; Dumyat Paths; Control of Bracken; Ochil Orientation; Ochils Festival; and Historic Kirk Yards.

Individual project costs were being finalised and additional grants sought. Stirling Council did not require to provide funding.

The report, therefore, requested that the Council agree to sign the constitution with other partners and approve the Management Agreement between the Partnership and Clackmannanshire Council. Clackmannanshire Council as managing authority would have the contract with Heritage Lottery Fund.

Decision

The Council agreed:-

1. to approve and sign the Ochil Landscape Partnership Constitution;

2. to approve the Landscape Partnership Management Agreement with Clackmannanshire Council, and

3. to assist the partnership through a Council representative continuing to attend the Project Delivery Task Group or Learning and Participation Task Group as required.

(Reference: Report by Head of Roads, Transport and Open Space dated 9 May 2011, submitted).

Councillor Neil Benny returned to the meeting Chamber at this point in the proceedings.

SC695 MOTIONS IN TERMS OF STANDING ORDER 16

Prior to the Meeting, Elected Members had received supplementary information from Officers on the subject of this Motion. The supplementary information is attached at Appendix 2 to these Minutes.

Coat of Arms

“Council agrees that Stirling Council should have a motto to accompany the Council’s coat of arms.

Council further agrees that a competition be held to select a motto and delegates authority to the Provost’s Panel to decide on the appropriate format of the competition and to manage the competition process. A recommendation on the winning choice is to be brought back to a future Executive meeting for approval. Any costs associated with the competition will be met from the Civic budget.”

Signed by Councillor Ian Brown and Councillor Fergus Wood

In response to a suggestion by Elected Members, Councillor Brown agreed that the Motion be amended to read “…A recommendation on the winning choice is to be brought back to a future Council meeting for approval…”

Decision

Council agreed that Stirling Council should have a motto to accompany the Council’s coat of arms.

Council further agreed that a competition be held to select a motto and delegated authority to the Provost’s Panel to decide on the appropriate format of the competition and to manage the competition process. A recommendation on the winning choice is to be brought back to a future Council meeting for approval. Any costs associated with the competition to be met from the Civic budget.

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 8 and 9 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.

(Councillor Neil Benny had requested that Agenda Item E17 (East Plean Primary School – Rebuilding Following Fire) be considered in public, and when this was not agreed asked that his disagreement be recorded in the Minutes.)

In terms of Standing Order 35, the Council adjourned for a comfort break at 8.15pm.

The Council reconvened at 8.30pm with the same Members present.

SC696 REFURBISHMENT AND EXTENSION OF DOUNE PRIMARY SCHOOL CONTRACT NUMBER APFM0174 - REQUEST FOR DELEGATED AUTHORITY

The five year Education Capital Programme had been agreed by Council in December 2010. Capital investment for the refurbishment and extension of Doune Primary School was approved as part of this programme.

An updated timescale for the ongoing procurement process for the works was tabled.

In order for works to commence on site in late June 2011 and maximise the school summer holiday period, the tender must be accepted by 17 June 2011.

As timescales for tender acceptance did not fit within the Committee consideration process, delegated powers to accept the contract were requested.

Members commented that Officers should be more aware of Council and Executive timetables when planning procurement processes.

In response to a question by the Provost, the Head of Assets, Property & Facilities Management confirmed that the extended school assembly/gym hall may be able to be used by the local community to supplement the facilities in the Muir Hall.

The Chief Executive confirmed that a report on the potential for including community benefit clauses in future Council contracts would be brought to Members as soon as possible.

Decision

The Council agreed:-

1. to delegate powers to the Head of Assets, Property and Facilities Management and the Head of Education, in consultation with the Executive Member with responsibility for the Education Portfolio and the Local Members to consider the tender report and thereafter accept the contract, and

2. to note that a capital budget had been agreed for Doune Primary School refurbishment and extension as set out in the submitted report, to be funded through the Education Capital Programme for 2011/12 and 2012/13.

(Reference: Report by Head of Assets, Property & Facilities Management dated 4 May 2011, submitted).

Councillor Graham Lambie left the meeting Chamber at this point in the proceedings

SC697 LAND ACQUISITION AT KILDEAN, STIRLING

On 10 February 2011, the Executive had approved in principle the terms of the Council’s 50% share of funding for the acquisition by Stirling Development Agency Limited of land at Kildean from the Crown Estate. The Chief Executive reported to the Executive at its meeting on 21 April 2011 that changes in circumstances had raised doubt as to the prospects of acquiring the land on the terms previously intended. An alternative strategy was needed to ensure that the contraction of the access from Craigforth Interchange could proceed in line with timescales agreed with Transport Scotland and to secure a significant supply land suitable for Class 4 business use.

The Executive had agreed:-

1. to make a recommendation to the Council that the Council purchases land at Kildean directly from Crown Estate, and enters into an agreement with Stirling Development Agency Limited to transfer the development land to SDA according to the principles in the existing development agreement between the Council and SDA;

2. to make a recommendation to the Council that the Council retains the amenity land on the Kildean site as part of the overall acquisition from Crown Estate;

3. to make a recommendation to the Council that the Council’s anticipated distribution from City of Stirling Business Parks (Investments) Limited, in respect of the sale of Scotia House be used to part fund the Kildean land acquisition, with the remainder being met from existing funds earmarked for SDA shareholder funding and prudential borrowing, and

4. that in the event that the Scotia House sale does not proceed, that part of the future anticipated receipt from the Burghmuir site be used to fund the Kildean land acquisition, in line with the Executive decision on 10 February 2011.

The Chief Executive responded to questions from Members regarding the strategy and the Council’s role.

Decision

The Council agreed:-

1. that the Council purchases land at Kildean directly from Crown Estate, and enters into an agreement with Stirling Development Agency Limited to transfer the development land to SDA according to the principles in the existing development agreement between the Council and SDA;

2. that the Council retains the amenity land on the Kildean site as part of the overall acquisition from Crown Estate;

3. that the Council’s anticipated distribution from City of Stirling Business Parks (Investments) Limited, in respect of the sale of Scotia House be used to part fund the Kildean land acquisition, with the remainder being met from existing funds earmarked for SDA shareholder funding and prudential borrowing, and

(Reference: Extract from Minute of Meeting of the Executive dated 21 April 2011, submitted).

Councillor Graham Lambie returned to the meeting Chamber at this point in the proceedings

SC698 EAST PLEAN PRIMARY SCHOOL – REBUILDING FOLLOWING FIRE

Following the fire at East Plean Primary School in November 2010, the school had now been re-housed in a Temporary Teaching Village in Plean, and work was commencing on the design of the refurbishment of the school.

The Loss Adjuster had been explicit that the Council should quickly move to refurbish the existing school on a like for like basis to ensure that there was minimum delay in delivering a re-provided school for August 2012. On the basis of the initial estimate of available funding from the insurers, there was doubt as to whether the school could even be built on a like for like basis.

Discussion with the Loss Adjuster was ongoing. Three options had been considered but each may require additional capital investment from the Council’s capital programme. All options explored re-building on the existing old school site. In two of the options, the opportunity did exist to rebuild the school and address some of the shortcomings inherent in the previous building, particularly in terms of operational layout and available space. Options to build a new school on an alternative site were also presented but dismissed on the grounds of both cost and time.

Councillor Alasdair MacPherson asked that any non confidential information on progress be shared with the local community.

Decision

The Council, as Education Authority and in exercise of its statutory education duties, agreed:-

1. to officers progressing concept designs and costs for the three options outlined in the submitted report for the rebuilding of the school on the existing site which would effectively reinstate East Plean Primary School as a single stream school;

2. to the additional design costs of between £30-50K being committed and met from the Council’s capital programme as additional capital expenditure;

3. to note that discussions with the Loss Adjuster were ongoing that would seek to influence an increase in the initial settlement figure as set out in the submitted report to a figure more in keeping with the estimation of rebuild costs, and

4. to a further report being brought to Council in June 2011.

(Reference: Joint Report by Head of Assets, Property & Facilities Management and Head of Education dated 9 May 2011, submitted).

The Provost declared the meeting closed at 9.00 pm

APPENDIX 1

QUESTION 1

QUESTION FROM COUNCILLOR IAN BROWN FOR ANSWER BY THE PORTFOLIO HOLDER FOR ENVIRONMENT AND SUSTAINABILITY AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 19 MAY 2011.

Question

“To ask the Portfolio Holder to confirm the number of fines that were issued in the 2010/11 financial year in relation to dog fouling. In addition to the number of fines issued can the Portfolio Holder please indicate the areas of the Council in which the offences occurred?”

Answer

The Dog Fouling (Scotland) Act 2003 makes it an offence not to clean up after a dog in any public place. Local Authority Officers and the Police are empowered to issue fixed penalty notices to offenders of £40, increasing to £60 if not paid within 28 days.

During 2010/11, the Council issued six fixed penalties, as follows:-

Area No. of Fixed No. of Fixed Amount Paid Penalties Penalties Paid Issued City Centre 1 1 £40 Top of Town 1 1 £40 Raploch 2 2 £40 each Causewayhead 1 1 £40 St Ninians 1 1 £60 – following reminder

Supplementary Question

These are double the figures Councillor Paterson provided at a recent Community Council meeting. It does not include any of the areas we receive regular complaints about – the Eastern Villages and Hillpark. I hope the Portfolio Holder will agree that we should work towards improving our response.

I’ve looked at surrounding areas and Falkirk Council has issued 318 fixed penalties (totalling £12,720). Fife Council has issued 3760 fixed penalties and there has only been 1 successful appeal. Fife has also been awarded a Keep Scotland Beautiful Innovation Award relating to dog fouling.

Could you also tell me if the Council is supplying fewer dog waste bags than it used to? I checked with Library Services and they used to be issued with 15 boxes, last month it was only 10 boxes.

Answer

This is a serious matter in all areas of the Council. The Contact Centre received 176 calls on dog fouling in 2010/11. The difficulty is in catching the dog and its owner. There are now 20 officers with powers to issue fixed penalty notices and 2 initiatives have taken place recently in conjunction with Keep Scotland Beautiful.

I will shortly be announcing a new major campaign on dog fouling which will combine enforcement and education and I can provide Councillor Brown with further details outwith the meeting.

(The Provost suggested that emptying dog bins more regularly could reduce the problems being experienced. The Portfolio Holder advised that part of the new campaign involved allowing dog owners to use any bin for dog waste, providing it was properly wrapped)

APPENDIX 2

MEETING of the STIRLING COUNCIL to be held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on THURSDAY 19 MAY 2011

Motions in terms of Standing Order 16

Information/advice from Officers

a) Coat of Arms

Stirling Council's Armorial Bearings were granted by the Lyon Court in 1997 and at that time no motto was granted. The Lord Lyon has indicated that he would look favourably on a request for a grant of a motto. This could most easily be done by way of a short docquet appended to the entry in the Public Register of All Arms and Bearings in Scotland. It would be necessary to petition the Court of the Lord Lyon to grant warrant to the Lyon Clerk to append such a docquet recording the chosen motto. The Exchequer dues on such a docquet would amount to around £80.00.

Council has reserved to itself the power "to authorise the use of the Council's Common Seal and Coat of Arms". They have therefore left themselves free to delegate the approval of the motto to a Committee or Panel. The Provost's Panel would be an appropriate body to prepare the rules of the competition and to judge the entries, with the Executive authorising the approval of the motto.

Providing support for this task would be an additional commitment for Officers, and would require the adjustment of current priorities or procurement of additional support. A judgement can be made about this, when the likely time commitment is known.

The current civic hospitality budget is £41,960, with commitments of £3,150 to date.

Last year’s outturn position was £22,351.