MINUTES of MEETING of STIRLING COUNCIL Held in the COUNCIL CHAMBERS, VIEWFORTH, STIRLING on THURSDAY 10 DECEMBER 2015 at 10.30 Am

MINUTES of MEETING of STIRLING COUNCIL held in the COUNCIL CHAMBERS, VIEWFORTH, STIRLING on THURSDAY 10 DECEMBER 2015 at 10.30 am

Present: Provost Mike ROBBINS (in the Chair)

Councillor Neil BENNY Councillor Graham LAMBIE Councillor Alistair BERRILL Councillor Corrie McCHORD Councillor Johanna BOYD Councillor Gerry MCLAUGHLAN Councillor Margaret BRISLEY Councillor Ian MUIRHEAD Depute Convener Callum CAMPBELL Councillor Mark RUSKELL Councillor Martin EARL Councillor Christine SIMPSON Councillor Scott FARMER Councillor Jim THOMSON Councillor Danny GIBSON Councillor Violet WEIR Councillor Alycia HAYES Councillor Fergus WOOD Councillor John HENDRY Councillor Graham HOUSTON

In Attendance

Carol Beattie, Senior Manager – Economic Development, Chief Executive’s Office Jim Boyle, Chief Finance Officer, Corporate Operations Stacey Burlet, Director of Communities & Partnerships Stewart Carruth, Chief Executive Claire Dunbar, Committee Officer, Corporate Operations Paul Fleming, Senior Manager, Corporate Operations Lesley Gallagher, Programme Manager, Communities & Partnerships Phillip Gillespie, Assistant Head of Social Services Kevin Kelman, Assistant Head of Education Deborah Kilpatrick, Senior Adviser Communications, Chief Executive’s Office Sian Lower, Communications Officer, Chief Executive’s Office John MacMillan, Service Manager – Technical Services, Housing & Environment Jane Menzies, Senior Manager – Community & Place, Communities & Partnerships Gerard O’Sullivan, Director of Corporate Operations Brian Roberts, Senior Manager - Infrastructure, Corporate Operations Val de Souza, Head of Social Services Robert Steenson, Director of Housing & Environment Keir Stevenson, Manager – Sports & Physical Activity, Communities & Partnerships Iain Strachan, Chief Governance Officer, Corporate Operations (Clerk) Joyce Wighton, Manager – Priority Based Budgeting, Corporate Operations Janice Young, Care Home Manager, Social Services

Apologies

An apology for absence was received on behalf of Councillor Alasdair MacPherson.

Prior to the formal commencement of proceedings the Provost proposed that, if required, the meeting should break for lunch from 1.00 – 2.00pm. This was agreed.

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\2015\SC20151210.DOC SC419 DECLARATIONS OF INTEREST

Councillor Neil Benny declared a financial interest in agenda item E19 (thinkWhere Business Improvement Update – December 2015) as he was an employee of thinkWhere. He advised that he would leave the meeting Chamber at that point in the proceedings.

Councillor Martin Earl, Councillor John Hendry, Provost Mike Robbins and Councillor Mark Ruskell declared a financial interest in agenda item E21 (Sport, Physical Activity and Leisure Services – Future Delivery) as they were on the Board of Directors of Active Stirling. They advised that they would leave the meeting Chamber when it was discussed. Depute Convener Callum Campbell would take the Chair at that point in the proceedings.

SC420 URGENT BUSINESS

There were no items of urgent business.

SC421 MINUTES

The following Minutes were submitted for approval:-

a. Stirling Council – 8 October 2015

Decision

The Minutes of Meeting of Stirling Council held on 8 October 2015 were approved as a correct record of the proceedings.

b. Local Review Body – 15 October 2015

Decision

The Minutes of Meeting of the Local Review Body held on 15 October 2015 were approved as a correct record of the proceedings.

c. Local Review Body – 19 November 2015

Decision

The Minutes of Meeting of the Local Review Body held on 19 November 2015 were approved as a correct record of the proceedings. SC422 WRITTEN QUESTIONS

Five written questions had been received in terms of Standing Order 36. The questions and answers are attached at Appendix 1 to these Minutes.

The Members who had put the written questions were allowed one supplementary question and the supplementary questions and answers thereto are also included in Appendix 1.

SC423 QUESTION TIME

In terms of Standing Order 43, Members had the opportunity to put questions to the Provost, the Leader of the Council, any Portfolio Holder or Committee Convener or Chair of any Panel, as appropriate, regarding any business included in the Volume of Minutes circulated with the agenda for the meeting.

Councillor Graham Lambie - Minutes of Meeting of the Education Committee held on 22 October 2015 (ED175 – Further Inspection of Cambusbarron Primary School: Publication of Education Scotland Report)

Councillor Lambie asked for an update on the Education Scotland further inspection of Cambusbarron Primary School and Nursery Class. The Convener of the Education Committee advised that that Education Scotland had been very pleased with the improvements made by the school and had no intention to make a further visit.

Councillor Mark Ruskell - Minutes of Meeting of Stirling Council held on 8 October 2015 (SC415 – Installation of a 5MW Solar Photovoltaic Farm at Lower Polmaise)

Councillor Ruskell asked whether the requirement for a timeous connection to the grid had been achieved. The Convener of the Environment & Housing Committee advised that no tenders had come in for this work to date and the Procurement Manager and Sustainable Development Manager were currently looking at other options.

Councillor Scott Farmer - Minutes of Meeting of Stirling Council held on 8 October 2015 (Appendix 1, Question from Councillor Mark Ruskell – Development of the Viewforth Site)

Councillor Farmer asked for an update on the review of the Viewforth Link Road. The Convener of the Finance & Economy Committee agreed that a meeting would be arranged for Members to discuss the future of the entire Viewforth site, including Viewforth Link Road.

Councillor Graham Lambie – Public Safety Committee (Police Officers in High Schools)

Councillor Lambie asked whether there had been any feedback on the work being carried out by school based Police Officers. The Convener of the Public Safety Committee provided a brief outline of progress to date and advised that a full update report on the work of community based and school based Police Officers would be submitted to a future meeting of the Public Safety Committee.

The Provost reminded those present that Standing Orders provided for one question per Elected Member during Question Time.

SC424 DISTRICT OF STIRLING LICENSING BOARD - VACANCIES

A joint report submitted by the Directors of Corporate Operations and Housing & Environment invited Council to make appointments to fill vacancies on the District of Stirling Licensing Board.

At its meeting on 8 October 2015, Council had appointed Councillors Neil Benny and Gerry McLaughlan to serve on the Board, leaving one outstanding vacancy.

Unfortunately, due to conflicting commitments, Councillor Benny subsequently tendered his resignation.

The Licensing (Scotland) Act 2005 provided that “where there is a vacancy in the membership of a Licensing Board, the relevant council must, at their first meeting after the vacancy arises, hold an election to fill the vacancy”.

Councillor Earl had indicated that he would be willing to take up the vacancy left by Councillor Benny.

The following were currently Members of the Board:-

• Councillor Alycia Hayes • Councillor Graham Houston • Councillor Gerry McLaughlan • Councillor Mark Ruskell • Councillor Jim Thomson • Councillor Fergus Wood

The Council agreed that Councillor Earl should take up the vacancy left by Councillor Benny.

There were no other nominations. A report inviting Council to make an appointment to fill the remaining vacancy on the Licensing Board would therefore require to be included on the agenda for the next Council meeting and subsequent meetings until this appointment was made.

Decision

The Council agreed to appoint Councillor Martin Earl to replace Councillor Neil Benny on the District of Stirling Licensing Board.

(Reference: Joint report by Directors of Corporate Operations and Housing & Environment, dated 13 November 2015, submitted) SC425 APPOINTMENT OF STATUTORY RELIGIOUS REPRESENTATIVE TO THE EDUCATION COMMITTEE

Section 31 of the Local Government (Scotland) Act 2003 required that any Committee appointed by the Council to deal with matters relating to the discharge of the Council’s functions as education authority must include, amongst its membership, three statutory religious representatives.

These statutory representatives must be one representative nominated by the Church of Scotland, one representative nominated by the Roman Catholic Church and one representative nominated by the Episcopalian Church, having regard to the comparative strength within the area of all churches and non-denominational bodies.

The religious representatives were voting members of the Education Committee for all Education Authority business.

A vacancy on the Education Committee had arisen following the resignation of the Church of Scotland’s representative, Reverend Jennifer Millar.

The Church of Scotland’s Church and Society Council had agreed to nominate Colin O’Brien to serve on the Education Committee.

Decision

Council appointed Colin O’Brien as the Church of Scotland Statutory Religious representative on the Education Committee.

(Reference: Report by Director of Corporate Operations, dated 2 December 2015, submitted)

SC426 REVISED PUBLIC PETITIONS PROCESS

At its meeting on 8 October 2015, Council had instructed officers to prepare amendments to the Standing Orders for consideration at this meeting so that petitions from citizens would go direct to the relevant Committee of Council.

The Chief Governance Officer had met with Group Secretaries and Councillor Ruskell to consider the practicalities surrounding the consideration of petitions at Committee.

A report submitted by the Director of Corporate Operations presented a revised Public Petitions process for consideration. It was proposed that the Chief Governance Officer would make any necessary changes to the Standing Orders and Scheme of Delegation arising from the review of the petitions process and the decision of the Council following its consideration of this report.

Following a question by Councillor Lambie regarding the new provision for secondary school pupils to submit petitions, it was noted that their attendance at daytime Committee meetings would be subject to Head Teacher authorisation. Motion

“That the Council agrees:-

1. to approve the revised Petitions Process set out in Appendix 2 to the submitted report; and

2. to delegate authority to the Chief Governance Officer to make any necessary changes to the Standing Orders and the Scheme of Delegation.”

Moved by Councillor Neil Benny, seconded by Councillor Johanna Boyd

Amendment

“That the Council agrees to retain the Petitions Panel but implement the other changes proposed in the submitted report.”

Moved by Councillor Jim Thomson, seconded by Councillor Mark Ruskell

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

For the Amendment (9)

Councillor Scott Farmer Councillor Alycia Hayes Councillor Graham Houston Councillor Graham Lambie Councillor Gerry McLaughlan Councillor Ian Muirhead Councillor Mark Ruskell Councillor Jim Thomson Councillor Fergus Wood

Against the Amendment (12)

Councillor Neil Benny Councillor Alistair Berrill Councillor Johanna Boyd Councillor Margaret Brisley Depute Convener Callum Campbell Councillor Martin Earl Councillor Danny Gibson Councillor John Hendry Councillor Corrie McChord Provost Mike Robbins Councillor Christine Simpson Councillor Violet Weir

The Amendment fell by 12 votes to 9. For the Motion (12)

Against the Motion (9)

Decision

The Motion was carried by 12 votes to 9 and accordingly the Council agreed:-

1. to approve the revised Petitions Process set out in Appendix 2 to the report submitted by the Director of Corporate Operations; and

2. to delegate authority to the Chief Governance Officer to make any necessary changes to the Standing Orders and the Scheme of Delegation.

(Reference: Report by Director of Corporate Operations, dated 17 November 2015, submitted)

SC427 REVIEW OF GOVERNANCE DOCUMENTS

A report submitted by the Director of Corporate Operations presented revised Standing Orders and Scheme of Delegation for Council’s approval.

The Council’s current set of governance documents had been approved by Council in February 2015. Changes to the Standing Orders and Scheme of Delegation at that time had been restricted in the main to requests from Members.

The Council at its meeting on 8 October 2015 had instructed officers to prepare amendments to the Standing Orders for consideration at this meeting so that petitions from citizens would go direct to the relevant Committee of Council. This was the subject of a separate report on this agenda. The Chief Governance Officer had taken this opportunity to conduct a thorough review of both the Standing Orders and Scheme of Delegation.

The main changes to each of the governance documents were explained in the submitted report.

It was recommended that reviews of the Standing Orders and Scheme of Delegation should be carried out annually in future.

Councillor Margaret Brisley proposed that authority should be delegated to the Chief Governance Officer, in consultation with the Group Leaders, the Chair and Vice-Chair of the Planning & Regulation Panel and Councillor Ruskell, to determine a legally robust manner in which all 22 Elected Members could be involved in the Pre Determination Hearing process for planning applications which were national developments or major developments which were significantly contrary to the Development Plan. The Chief Governance Officer committed to consult with the appropriate Members by the end of January 2016 and to make any necessary changes to the Standing Orders and Scheme of Delegation thereafter. This was agreed. It was noted that additional training would be required for Elected Members on the pre determination process.

The following amendments were proposed to the revised Standing Orders:-

• allowing substitution during the course of a meeting in urgent circumstances, subject to the substantive Member having first received the approval of the Convener/ Chair (proposed by Councillor Neil Benny);

• the Chief Governance Officer to ensure that all training requirements for Elected Members which were a prerequisite of Panel membership were reflected in the Standing Orders (proposed by Councillor Graham Houston);

• removing the proposed additional wording “officer recommendation or” at Revocation of Previous Resolutions (proposed by Councillor Benny).

These were agreed.

Councillor Jim Thomson proposed the following amendment to the revised Scheme of Delegation:-

• adding after the lists of projects the Council and decision making Committees were responsible for “and such other projects that the Council has determined should also be included since the Scheme was last reviewed”.

This was agreed.

The Chief Governance Officer noted that in future Councillors would wish to have increased consultation with political groups prior to submission of any proposed revision to Governance documents. Decision

The Council agreed:-

1. to adopt with effect from 11 December 2015 the Standing Orders set out in Appendix 2 to the report submitted by the Director of Corporate Operations, subject to:-

• allowing substitution during the course of a meeting in urgent circumstances, subject to the substantive Member having first received the approval of the Convener/ Chair;

• the Chief Governance Officer ensuring that all training requirements for Elected Members which were a prerequisite of Panel membership were reflected in the Standing Orders;

• removing the proposed additional wording “officer recommendation or” at Revocation of Previous Resolutions.

2. to adopt with effect from 11 December 2015 the Scheme of Delegation set out in Appendix 3 to the report, subject to:-

• adding after the lists of projects the Council and decision making Committees were responsible for, “and such other projects that the Council has determined should also be included since the Scheme was last reviewed”.

3. to delegate authority to the Chief Governance Officer, in consultation with the Group Leaders, the Chair and Vice-Chair of the Planning & Regulation Panel and Councillor Ruskell, to determine a legally robust manner in which all 22 Members could be involved in the Pre Determination Hearing process for planning applications which were national developments or major developments which were significantly contrary to the Development Plan and that by the end of January 2016, and to make any necessary changes to the Standing Orders and Scheme of Delegation as a consequence of the same;

4. to note that during consideration of the previous agenda item Council had delegated authority to the Chief Governance Officer to make the necessary changes to the Standing Orders and Scheme of Delegation as a result of the review of the Petitions Process;

5. to remit it to the Chief Governance Officer to make any necessary changes to governance documents in due course as a result of the move to a Stirling Council only Children’s Service and Stirling Council only Adult Social Work Service and circulate documents to Members for information;

6. to instruct the Chief Governance Officer to carry out annual reviews of the Standing Orders and Scheme of Delegation; and

7. to note that a revised Sub Scheme of Delegation would be prepared by the Chief Executive in due course and circulated to Members for information.

(Reference: Report by Director of Corporate Operations, dated 2 December 2015, submitted) SC428 SCOTTISH PARLIAMENTARY ELECTION 2016 – DATE OF COUNCIL MEETING

The Scottish Parliamentary Election would take place on 5 May 2016. This date clashed with the scheduled meeting of full Council.

The Council’s Programme of Meetings had been approved before the date of the election was confirmed.

The Council was invited to consider whether or not the meeting of full Council should be rescheduled.

Decision

The Council agreed to delegate it to the Clerk to the Council, in consultation with the Provost, Depute Convener, Leader of the Opposition and the Green Party Member, to determine a new date for the meeting of full Council, which was originally due to be held on the day of the Scottish Parliamentary Election 2016.

(Reference: Report by Director of Corporate Operations, dated 13 November 2015, submitted)

SC429 STIRLING COUNCIL’S ANNUAL REPORT 2014/15

Each year, as part of the Council’s performance reporting arrangements, an annual report was produced for the previous financial year. A report submitted by the Chief Executive presented Stirling Council’s Annual Report for 2014/15.

The Annual Report provided details of the Council’s progress in achieving its key priorities. This year’s report included digital elements to present the Council’s achievements in an accessible way. It was accompanied by a video, “A Day in the Life of Stirling Council”, showing a snapshot of the wide range of work accomplished by the Council each day. A short section of the video was shown to Members during the meeting.

The performance supplement provided updates on the performance information used to monitor progress made by the Council towards its priorities and performance targets during the year 2014/15. This section of the report was structured around the Council Committees. Each Committee had responsibility for monitoring the Council’s performance in different areas of activity, as well as monitoring progress towards the achievement of the Council’s priorities. The performance information provided contributed towards the Council’s statutory public performance reporting obligations.

The Council Leader expressed her thanks to everyone involved in producing the Annual Report and advised that the Council’s democratic process, including the role of Elected Members, would be reflected in the digital element of the 2015/16 Annual Report.

Councillor Ruskell repeated his previous request that the Local Development Plan be reflected in the Annual Report. Decision

The Council agreed to note and endorse the contents of Stirling Council’s Annual Report 2014/15 set out at Appendices 1 and 2 to the report submitted by the Chief Executive.

(Reference: Report by Chief Executive, dated 18 November 2015, submitted)

SC430 REVIEW OF STIRLING’S LOCAL TRANSPORT STRATEGY

Stirling’s Local Transport Strategy was adopted in 2006. It was supported by a number of delivery plans including the City Transport Plan, the Towns, Villages and Rural Area Transport Plan, the Road Asset Management Plan, the Road Safety Plan and the Parking Strategy.

The Environment and Housing Committee at its meeting on 19 November 2015 had agreed:

• to the review of the Local Transport Strategy and its delivery plans; and

• to recommend that Council extend the remit of the Local Development Plan Member Officer Steering Group to inform the Local Transport Strategy.

In response to a question by Councillor Muirhead it was confirmed that the revised delivery plans would be based on the necessary interventions to support the objectives of the Strategy to 2030 and beyond.

Decision

The Council agreed to extend the remit of the Local Development Plan Member Officer Steering Group to inform the Local Transport Strategy.

(Reference: Report by Director of Corporate Operations, dated 1 December 2015, submitted)

SC431 PRIORITY BASED BUDGETING 3 – UPDATE AND OPTIONS

Under the more iterative model for Priority Based Budgeting (PBB) in year 3 some options could be put forward for approval and implementation during the financial year, where appropriate.

Three PBB Options were presented for consideration, two from Corporate Operations (COP001 and COP008) and one from the Chief Executive’s Office (CEX005), details of which were included in Appendix 1 to a report submitted by the Director of Corporate Operations.

Members asked questions about what COP001 (the implementation of a Corporate Services Hub) would mean in practice and, in particular, its potential impact on the capital programme.

Officers were asked to ensure that future PBB reports used plainer language and included full EqIAs. Motion

“That the Council agrees:-

1. to approve PBB Option COP001 (for the implementation of a Corporate Services Hub) in principle, to allow officers to carry out further work on the potential impact on the capital programme and report back to the Council at its budget meeting in February 2016;

2. to approve PBB Option COP008 for the review of loans fund provision within Treasury Management; and

3. to approve PBB Option CEX005 to restructure the team within the Chief Executive’s Office.”

Moved by Councillor Neil Benny, seconded by Councillor John Hendry

Direct Negative

Councillor Scott Farmer, seconded by Councillor Alycia Hayes, moved the Direct Negative

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

For the Motion (13)

Against the Motion (8)

Councillor Scott Farmer Councillor Alycia Hayes Councillor Graham Houston Councillor Graham Lambie Councillor Gerry McLaughlan Councillor Ian Muirhead Councillor Jim Thomson Councillor Fergus Wood

It was then agreed that the Senior Manager, Corporate Operations, would provide an all Member briefing on PBB Option COP001 prior to the budget meeting. It was also agreed that he should reconsider the stated level of financial risk for this option as set out at Appendix 1 to the submitted report.

It was noted that the budget reports submitted to Council in February 2016 would include any adjustments for previously approved PBB options.

Decision

The Motion having been carried by 13 votes to 8 the Council accordingly agreed:-

2. to approve PBB Option COP008 for the review of loans fund provision within Treasury Management; and

3. to approve PBB Option CEX005 to restructure the team within the Chief Executive’s Office.

(Reference: Report by Director of Corporate Operations, dated 1 December 2015, submitted)

SC432 STREET LIGHTING ENERGY EFFICIENCY – ALTERNATIVE FUNDING OPTION (PBB OPTION ENV027)

In June 2013 the Environment & Housing Committee had received a report which highlighted the increasing street lighting energy costs from £588k in 2011/12 to £865k in 2013/14, along with an ageing profile of steel lighting columns requiring replacement. The report had recommended the implementation of a programme of investment aimed at reducing energy and maintenance costs along with carbon emissions which incurred a carbon tax.

The Council Priority Based Budget (PBB) process was the structure identified to determine the level of Council investment required to install energy efficient LED lanterns and new columns to reduce energy, carbon tax and maintenance costs to deliver £0.324m savings. PBB option ENV027 had been approved by Council on 20 February 2015, which began a programme of Council investment in street lighting infrastructure.

A joint report submitted by the Directors of Corporate Operations and Housing & Environment presented alternative funding options following a detailed business case to replace the majority of our street lights with new energy efficient LED lights along with upgrading a number of ageing lighting columns to make them compatible with the new lanterns. The funding proposals within this report would begin financial year 2015/16.

The funding options that had been considered would secure a viable long term loan either with the Green Investment Bank (GIB) or alternatively by Prudentially Borrowing via the Public Works Loan Board (PWLB). Savings from energy, carbon reduction and maintenance budgets would allow the Council to fully fund loan repayments and meet the PBB ENV027 savings target of £0.324m over 4 years from either the GIB or PWLB funding option.

Borrowing the whole investment cost of £9.882m (plus £0.200m interest free Salix loan already approved) either from GIB or Prudential Borrowing, would release £2m of capital funding already earmarked against street lighting within the Council’s core capital programme over the next 4 years to invest in other capital projects which would otherwise have had to be shelved or delayed to a later time.

The key outcome figures from the proposed investment were presented in Appendix 1 to the submitted report.

During discussion of the report, Members asked questions on the applicability of Green Investment Bank funding to other projects, revenue account (loans charges) implications, the potential impact of inflationary increases and the ability of the new columns to power Christmas lights where requested.

Motion

“That Council delegates authority to the Chief Finance Officer and Director of Housing & Environment to finalise and accept the loan offer from the Green Investment Bank to borrow £9.882m to invest in energy improvements to the street lighting infrastructure over the next 4 financial years (starting 2015/16).”

Moved by Councillor Neil Benny, seconded by Councillor John Hendry

This was unanimously agreed without the need for a roll call vote.

Decision

The Council agreed to delegate authority to the Chief Finance Officer and Director of Housing & Environment to finalise and accept the loan offer from the Green Investment Bank to borrow £9.882m to invest in energy improvements to the street lighting infrastructure over the next 4 financial years (starting 2015/16).

(Reference: Joint report by Directors of Corporate Operations and Housing & Environment, dated 1 December 2015, submitted)

The meeting was adjourned for lunch at 12.45 pm.

The Council reconvened at 1.45 pm with the same Members present.

SC433 CITY DEVELOPMENT FRAMEWORK

A report submitted by the Director of Communities and Partnerships recommended that Council confirmed its intent to pursue the City Development Framework programme to final investment proposition, in formal consultation with Scottish and UK Governments.

Following approval of the draft Framework in June 2015, an external and internal project team had been working together to test out and advance the proposal based on challenges set by Members, City Commissioners and other stakeholders. A suite of documents had now been prepared outlining the proposal.

The Strategic Outline Case was attached as Appendix 2 to the submitted report. This established the strategic concept of the programme, proposed the enabling infrastructure, evidenced the economic need and suggested steps towards future delivery and governance.

The Strategic Outline Case was being developed and considered in relation to the Growth Accelerator investment model advised by Scottish Futures Trust as the most appropriate for Stirling’s approach.

The developing and final Framework would be supported by a Masterplan which would maximise the preferred location and indicative design of the proposed infrastructure projects to best realise the strategic rationale.

Recent work had concentrated on advancement to Outline Business Cases for those projects where the evidence and economic proposition was confirmed, and to concept statements for those projects where, although the foundation was sound, further work was required to shape the detail and definitively evidence the impact. Three Outline Business Cases were attached as Appendix 3. Concept papers were attached as Appendix 4.

The Masterplan was attached as Appendix 5 to show how these developments would spatially connect.

Stirling’s intent to pursue a funding proposal for the City Development Framework had been established with Scottish Government. The proposed next steps would be to continue to develop all projects to Full Business Case and finalise the Masterplan, to conclude a cohesive programme suitable for Growth Accelerator investment.

Work would continue with the internal and external project team, supported by the Scottish Futures Trust and ongoing learning from the Scottish Cities Alliance. The intention would be to continue to discuss development via the Sounding Board and Member Briefings, with the recommended final Framework being considered by Council in May 2016, prior to submission to Scottish Government.

During the debate Members commented on importance of the University of Stirling’s involvement in the proposals, particularly around the new Conference Centre, the need for suitable local accommodation to support the Centre, the links with the PPB programme looking at main office and depot space, the requirement for traffic impact assessments and the design of the Digital Hub.

Officers outlined how the Council would approach attracting funding from the public and private sectors.

The Council Leader provided an update on recent conversations with Scottish and UK Government and went on to thank the team involved in getting the Framework to this stage, on the Council’s behalf. Decision

The Council agreed:-

1. that the City Development Framework would continue to be progressed within a Growth Accelerator proposition in consultation with Scottish Government and Scottish Futures Trust;

2. that regular updates on progress be provided through a series of all Member briefings between January and May 2016; and

3. that the final proposition to Scottish Government be reported to Council in May 2016.

(Reference: Report by Director of Communities & Partnerships, dated 3 December 2015, submitted)

SC434 RESHAPING CARE FOR OLDER PEOPLE – SERVICES TO OLDER PEOPLE IN RURAL COMMUNITIES ENGAGEMENT & CONSULTATION

At its meeting on 8 October 2015 Council had approved the business case for change for the Stirling Care Village and requested further information about how the needs of rural communities would be supported.

A report submitted by the Head of Social Services provided Council with an update on the existing health and social care services that supported older people and their carers in rural communities. It also informed Council of the plans to enhance and develop services in rural Stirling through the work of the Integration Joint Board strategic planning process. This work was being taken forward in partnership with Communities and Partnerships.

Motion

“That the Council agrees:-

1. to note the range of services that have been developed by the integrated Health and Social Care services to support older people and their carers in rural areas;

2. to note the ongoing evaluation of services in North West Stirling, to include the development of a hub model including Strathendrick;

3. to request that the Head of Social Services provides Council with a further report based on the evaluation of the hub model in rural Stirling;

4. that Strathendrick Care Home will not be closed as long as any of the existing long-term residents wants to remain there; and

5. that Strathendrick Care Home will not be closed until the Council agrees that adequate alternative provision is in place to serve rural areas.”

Moved by Councillor Alistair Berrill, seconded by Councillor Christine Simpson Councillor Graham Houston asked whether the construction of the Care Village was predicated on the sale of Strathendrick Care Home. The Chief Finance Officer confirmed that not selling the Care Home would leave a funding gap but that as this was the smallest of the care homes, the gap would be the easiest to bridge.

Councillor Ian Muirhead proposed the following additions/ amendments to the Motion:-

• Change “North West Stirling” to “Rural Stirling”

• Add “which will involve appropriate community engagement” at the end of the second paragraph

• Insert “or the status quo is retained” between “…is in place…” and “…to serve rural areas.” at paragraph five.

These amendments were agreed by Councillor Berrill as proposer of the Motion.

The amended Motion was unanimously approved without the need for a roll call vote.

Decision

The Council agreed:-

1. to note the range of services that had been developed by the integrated Health and Social Care services to support older people and their carers in rural areas;

2. to note the ongoing evaluation of services in rural Stirling, to include the development of a hub model including Strathendrick, which would involve appropriate community engagement;

3. to request that the Head of Social Services provides Council with a further report based on the evaluation of the hub model in rural Stirling;

4. that Strathendrick Care Home would not be closed as long as any of the existing long-term residents wanted to remain there; and

5. that Strathendrick Care Home would not be closed until the Council agreed that adequate alternative provision was in place, or the status quo was retained, to serve rural areas.

(Reference: Report by Head of Social Services, dated 4 December 2015, submitted)

SC435 MOTIONS IN TERMS OF STANDING ORDER 16

Prior to the Meeting, Elected Members had received supplementary information from Officers on the subject of these Motions. The supplementary information is attached as Appendix 2 to these Minutes. (a) Women 50:50

Motion

“Council notes that women are underrepresented across Councils in Scotland and make up only 25% of Councillors. This Council further acknowledges that whilst voluntary mechanisms such as all women shortlists have made some progress, women are still not represented fairly.

Council congratulates the Women 50:50 campaign who have been working across all political parties and have gained support from Scottish Labour, the SNP, Scottish Liberal Democrats and Scottish Green Party Leaders.

Council welcomes and supports Women 50:50’s call for legislated candidate quotas in the Scottish Parliament and Council elections and backs the campaigns call for fair representation of women in Scotland.”

Moved by Councillor Johanna Boyd, seconded by Councillor John Hendry

Procedural Motion

Councillor Scott Farmer, seconded by Councillor Alycia Hayes, moved the procedural motion “that the question is now put to the vote”.

The procedural motion was approved unanimously by show of hands, in accordance with Standing Orders.

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

For the Motion (17)

Councillor Johanna Boyd Councillor Margaret Brisley Councillor Scott Farmer Councillor Danny Gibson Councillor Alycia Hayes Councillor John Hendry Councillor Graham Houston Councillor Graham Lambie Councillor Corrie McChord Councillor Gerry McLaughlan Councillor Ian Muirhead Provost Mike Robbins Councillor Mark Ruskell Councillor Christine Simpson Councillor Jim Thomson Councillor Violet Weir Councillor Fergus Wood Against the Motion (4)

Councillor Neil Benny Councillor Alistair Berrill Depute Convener Callum Campbell Councillor Martin Earl

Decision

The Motion was carried by 17 votes to 4 and accordingly:-

Council noted that women were underrepresented across Councils in Scotland and made up only 25% of Councillors. This Council further acknowledged that whilst voluntary mechanisms such as all women shortlists had made some progress, women were still not represented fairly.

Council congratulated the Women 50:50 campaign who had been working across all political parties and had gained support from Scottish Labour, the SNP, Scottish Liberal Democrats and Scottish Green Party Leaders.

Council welcomed and supported Women 50:50’s call for legislated candidate quotas in the Scottish Parliament and Council elections and backed the campaigns call for fair representation of women in Scotland.

(b) Transatlantic Trade and Investment Partnership

Motion

“Stirling Council is deeply concerned about the potential implications of the Trade and Investment Partnership (TTIP), a proposed free trade agreement between the European Union (EU) and the United States of America (USA).

This legitimate concern is due to TTIPs potential adverse impact on Stirling Council. TTIP has the potential to adversely impact service delivery, particularly in relation to employment, wages, human rights and add to inequality levels.

This has the potential to have implications across the public sector as it may leave valued public services wide open to further marketisation and privatisation.

This Council resolves to request the Chief Executive to formally write to the UK Secretary of State for Business and Skills, and appropriate Scottish Government Minister(s), expressing deep concern at the developing TTIP policy, the secrecy of its processes and its potential impact on public services.

Further to this, Council requests formal assurances from the UK Secretary of State and, as appropriate, relevant Scottish Government Minister(s) that Government(s) will offer full transparency and disclosure with regard to TTIP policy. Finally, the Council agrees to becoming a TTIP free zone, in line with other progressive local authorities in the United Kingdom.”

Moved by Councillor Johanna Boyd, seconded by Councillor Corrie McChord

Amendment

“Insert at the end of paragraph 4 of the Motion:-

“and to call for the removal of the Investor State Dispute Settlement (ISDS) mechanism from the trade agreement.””

Moved by Councillor Mark Ruskell, seconded by Councillor Graham Houston

This addition was accepted by Councillor Boyd as proposer of the Motion.

Procedural Motion

Councillor Neil Benny, seconded by Councillor Alistair Berrill, moved the procedural motion “that the question is now put to the vote”.

The procedural motion was approved unanimously by show of hands, in accordance with Standing Orders.

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

For the Motion (17)

Against the Motion (4)

Councillor Neil Benny Councillor Alistair Berrill Depute Convener Callum Campbell Councillor Martin Earl Decision

The Motion was carried by 17 votes to 4 and accordingly:-

Stirling Council was deeply concerned about the potential implications of the Trade and Investment Partnership (TTIP), a proposed free trade agreement between the European Union (EU) and the United States of America (USA).

This legitimate concern was due to TTIPs potential adverse impact on Stirling Council. TTIP had the potential to adversely impact service delivery, particularly in relation to employment, wages, human rights and add to inequality levels.

This had the potential to have implications across the public sector as it might leave valued public services wide open to further marketisation and privatisation.

The Council resolved to request the Chief Executive to formally write to the UK Secretary of State for Business and Skills, and appropriate Scottish Government Minister(s), expressing deep concern at the developing TTIP policy, the secrecy of its processes and its potential impact on public services, and to call for the removal of the Investor State Dispute Settlement (ISDS) mechanism from the trade agreement.

Further to this, Council requested formal assurances from the UK Secretary of State and, as appropriate, relevant Scottish Government Minister(s) that Government(s) would offer full transparency and disclosure with regard to TTIP policy.

Finally, the Council agreed to becoming a TTIP free zone, in line with other progressive local authorities in the United Kingdom.

“Stirling Council notes the Scottish Government’s policy aspirations outlined in towards a “Fairer Scotland” (2015).

Stirling Council is of the view that income inequality needs to be the cornerstone of delivering a Fairer Scotland. To this end, the Council is deeply concerned about the findings contained in an Office for National Statistics report which highlights the income disparities between and within local authority areas.

Such area variations in income inequality are not acceptable in 21st century Scotland, as they are having an adverse impact on areas of urban and rural Stirling, in terms of its ability to secure and sustain economic growth and prosperity for its residents.

The Council further notes the negative impact the UK Spending Review will have on its area. This is likely to be further repeated by the Scottish Government’s Spending Review which will further damage the prospects for genuine economic growth and exacerbate the income inequality gap that exists. Stirling Council requests the Scottish and UK Governments to develop and implement policies which redistribute income and wealth and also target areas which experience inequality with additional resources.

The Council’s own commitment is to a minimum hourly rate for its own staff of £8.33 by April 2016. This will be 8p per hour above the Rowntree Foundation recommendation of £8.25, and to the benefit of 600 staff. We will continue to lead by example and encourage our contractors and suppliers to take similar actions to boost the local economy.

The Council requests Scottish and UK Governments to use current and forthcoming powers to create more progressive, economic and social policies which are redistributive in nature to benefit the Stirling area.”

Moved by Councillor Johanna Boyd, seconded by Councillor Corrie McChord

Procedural Motion

Councillor Alycia Hayes, seconded by Councillor Scott Farmer, moved the procedural motion “that the question is now put to the vote”.

The procedural motion was approved unanimously by show of hands, in accordance with Standing Orders.

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

For the Motion (17)

Against the Motion (4)

Councillor Neil Benny Councillor Alistair Berrill Depute Convener Callum Campbell Councillor Martin Earl Decision

The Motion was carried by 17 votes to 4 and accordingly:-

Stirling Council noted the Scottish Government’s policy aspirations outlined in towards a “Fairer Scotland” (2015).

Stirling Council was of the view that income inequality needed to be the cornerstone of delivering a Fairer Scotland. To this end, the Council was deeply concerned about the findings contained in an Office for National Statistics report which highlighted the income disparities between and within local authority areas.

Such area variations in income inequality were not acceptable in 21st century Scotland, as they were having an adverse impact on areas of urban and rural Stirling, in terms of its ability to secure and sustain economic growth and prosperity for its residents.

The Council further noted the negative impact the UK Spending Review would have on its area. This was likely to be further repeated by the Scottish Government’s Spending Review which would further damage the prospects for genuine economic growth and exacerbate the income inequality gap that existed.

Stirling Council requested the Scottish and UK Governments to develop and implement policies which redistributed income and wealth and also targeted areas which experienced inequality with additional resources.

The Council’s own commitment was to a minimum hourly rate for its own staff of £8.33 by April 2016. This would be 8p per hour above the Rowntree Foundation recommendation of £8.25, and to the benefit of 600 staff. We would continue to lead by example and encourage our contractors and suppliers to take similar actions to boost the local economy.

The Council requested Scottish and UK Governments to use current and forthcoming powers to create more progressive, economic and social policies which were redistributive in nature to benefit the Stirling area.

(d) Callander – Closure of Businesses

Motion

“Council notes with concern the announced closure of 4 more substantial retail outlets on the Main Street of Callander, bringing the vacant premises total to 9 by the end of this year 2015.

In order to support the Callander Community in every way possible in this time of economic difficulty, Council resolves to establish a Task Group, comprised of Officers, Councillors, National Park and members of the Callander Partnership and reporting to the Finance & Economy Committee to examine what practical help, (e.g. rates, alternative usage, market positioning, etc) can be given to promote a sustainable local economy, reflecting the visions of the community.”

Moved by Councillor Alycia Hayes, seconded by Councillor Jim Thomson Amendment

“The established Callander Partnership group, comprising of key community and business organisations, has already taken a very proactive approach and is developing a comprehensive strategy in response.

Council fully supports this group and agrees that the Callander Partnership will be supported by appropriate senior officers to develop initiatives that will help establish a sustainable, varied and high quality local economy.”

Moved by Councillor Martin Earl, seconded by Councillor Neil Benny

The Provost agreed to a short recess at 2.54 pm so that the proposers and seconders of the Motion and Amendment could discuss whether they could reach a common position on this issue.

The meeting resumed at 3.03 pm with the same Members present, with the exception of Councillors Graham Houston and Fergus Wood.

The Chief Governance Officer then read out an amended Motion which had the agreement of both parties, as undernoted:-

“Council notes with concern the announced closure of 4 more substantial retail outlets on the Main Street of Callander, bringing the vacant premises total to 9 by the end of this year 2015.

In order to support the Callander Community in every way possible in this time of economic difficulty, and to facilitate the wishes of the people of Callander, Council resolves to support the Callander Partnership and for Senior Officers, Local Members, the Convener and Vice Convener of the Finance & Economy Committee and the Opposition Spokesperson for Finance & Economy to work with the Partnership and the National Park to examine what practical help, (e.g. rates, alternative usage, market positioning, etc) could be given to promote a sustainable local economy, reflecting the visions of the community.”

This was unanimously approved without the need for a roll call vote.

Decision

Council noted with concern the announced closure of 4 more substantial retail outlets on the Main Street of Callander, bringing the vacant premises total to 9 by the end of this year 2015.

In order to support the Callander Community in every way possible in this time of economic difficulty, and to facilitate the wishes of the people of Callander, Council resolved to support the Callander Partnership and for Senior Officers, Local Members, the Convener and Vice Convener of the Finance & Economy Committee and the Opposition Spokesperson for Finance & Economy to work with the Partnership and the National Park to examine what practical help, (e.g. rates, alternative usage, market positioning, etc) could be given to promote a sustainable local economy, reflecting the visions of the community. (e) Housing in Raploch

Motion

“Council notes with concern that up to 15 households in Raploch are facing insecurity of tenure due to a registered landlord being the subject of Administration procedures.

Council instructs Officers to engage with the appropriate persons with a view to purchasing the properties at the most advantageous price, the necessary resource to be funded from reserves.”

Moved by Councillor Jim Thomson, seconded by Councillor Scott Farmer

Amendment

“Council notes the ongoing issue affecting up to 12 private tenants of a private landlord in Raploch.

At present none of the private tenants concerned have been served with a notice to quit.

Council further notes that Stirling Council’s housing service will continue to monitor the situation and is providing housing advice and support to any private tenant who may have concerns regarding their housing situation.

Stirling Council housing service will be in regular contact with the Administrator regarding the future of the housing stock affected.”

Moved by Councillor Violet Weir, seconded by Councillor Martin Earl

Procedural Motion

Councillor Danny Gibson, seconded by Councillor Violet Weir, moved the procedural motion “that the question is now put to the vote”.

The procedural motion was voted on by show of hands, in accordance with Standing Orders, and fell by 11 voted to 8. The Council therefore debated the Motion and the Amendment.

Councillor Ruskell proposed that the following wording be added to the end of the fourth paragraph of the Amendment:-

“including options to make these properties available for social rent.”

This was not accepted by the proposer of the Amendment.

Councillor Graham Houston returned to the meeting Chamber at this point in the proceedings On the roll being called the Members present voted as follows:-

For the Amendment (12)

Against the Amendment (6)

Councillor Scott Farmer Councillor Alycia Hayes Councillor Graham Lambie Councillor Gerry McLaughlan Councillor Ian Muirhead Councillor Jim Thomson

Not Voting (2)

Councillor Graham Houston Councillor Mark Ruskell

The Amendment was carried by 12 votes to 6 with 2 members not voting and became the Substantive Motion.

The Substantive Motion was approved without the need for a roll call vote.

Decision

Council noted the ongoing issue affecting up to 12 private tenants of a private landlord in Raploch.

At present none of the private tenants concerned had been served with a notice to quit.

Council further noted that Stirling Council’s housing service would continue to monitor the situation and was providing housing advice and support to any private tenant who might have concerns regarding their housing situation.

Stirling Council housing service would be in regular contact with the Administrator regarding the future of the housing stock affected. 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 Paragraph 6 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.

Councillor Neil Benny, having declared a financial interest, left the meeting Chamber during consideration of the following item of business

SC436 THINKWHERE BUSINESS IMPROVEMENT UPDATE – DECEMBER 2015

The Council had taken a decision in November 2014, along with Falkirk Council, to make a financial investment in thinkWhere Limited, totalling £1m over a three year period. The phasing of the investment had been agreed at £475,000 (£237,500 each) in November 2014, £400,000 (£200,000 each) in April 2015 and £125,000 (£62,500 each) in April 2016. Stirling’s second and third funding injections were only to be made if the Council was satisfied that the company was making sufficient progress on implementing its business improvement plan, which had been set out in detail when the Councils took their decisions.

A progress report had been presented to the Council on 28 May 2015.

A report submitted by the Director of Corporate Operations set out further progress made to date in the delivery of thinkWhere’s business improvement plan and noted the proposed payment of the further investment injections previously approved by the Council.

The report also set out progress made in resolving the shareholder issue that was now subject to agreement between Stirling, Clackmannanshire and Falkirk Councils.

Decision

The Council agreed:-

1. to note the progress made by thinkWhere on the delivery of its business improvement plan; and

2. based on the progress set out in the submitted report, and under previous delegated authority, to note that the Director of Corporate Operations and the Chief Finance Officer would release the remainder of the second tranche of funding, up to a maximum of a further £100,000 in 2015/16 (£100,000 having already been injected in June 2015).

(Reference: Report by Director of Corporate Operations, dated 2 December 2015, submitted)

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

SC437 COMMONWEALTH YOUTH GAMES 2017

EventScotland was working in partnership with Commonwealth Games Scotland and the Scottish Government to identify a preferred host city for the Commonwealth Youth Games in 2017, in the event that Scotland was asked to formally bid. It followed the recent withdrawal of St Lucia.

EventScotland had approached the University of Stirling to offer the opportunity to submit an expression of interest in hosting the event in partnership with Stirling and Falkirk Councils. Both the University of Stirling and Falkirk Council had advised that they were willing to be part of a joint submission.

Following agreement of the recommendation contained in an exempt report at the meeting of the Community Planning and Regeneration Committee on 26 November 2015, an expression of interest in hosting the event had been submitted to EventScotland on 30 November 2015 by Stirling Council, the University of Stirling and Falkirk Council. The expression of interest had been made on the basis of no financial commitment from Stirling Council and subject to formal approval by Stirling Council at the full Council meeting on 10 December 2015.

Commonwealth Games Scotland and EventScotland would identify a preferred host city by no later than 11 December 2015 at which point a feasibility study would be developed.

Decision

The Council agreed:-

1. to formally confirm Stirling Council’s interest in bidding to host the Commonwealth Youth Games 2017, in partnership with the University of Stirling and Falkirk Council, should Commonwealth Games Scotland wish to submit a bid to host the event; and

2. that formal interest in hosting the Commonwealth Youth Games 2017 be submitted on the basis of no financial commitment from Stirling Council.

(Reference: Report by Director of Communities and Partnerships, dated 30 November 2015, submitted)

The Council agreed not to take the comfort break that they were entitled to at this point in the proceedings and instead to continue with the last item of business

Councillor Martin Earl, Councillor John Hendry, Provost Mike Robbins and Councillor Mark Ruskell having declared a financial interest, left the meeting Chamber during consideration of the following item of business

Depute Convener Callum Campbell took the Chair

SC438 SPORT, PHYSICAL ACTIVITY AND LEISURE SERVICES – FUTURE DELIVERY

Stirling’s new Sport, Physical Activity and Well-being Strategy had been approved by the Community Planning and Regeneration Committee in June 2015. Based on consultation which attracted in excess of one thousand responses from local people, the Strategy outlined how sport and physical activity would improve health and wellbeing across the area. The Strategy was attached as Appendix 2 to the report submitted by the Director of Communities and Partnerships.

A decision was now required about how the Council proceeded to deliver its sport and physical activity services in the future so that the vision and aspirations of its new Sport, Physical Activity and Wellbeing Strategy were achieved, with a particular focus on putting in place long-term arrangements that strengthened local community access, club sport and school sport and promoted access to sport and physical activity in a way that tackled health and other inequalities.

The Council had an obligation to meet legal and Best Value requirements in the execution of all of its duties, including any arrangements that were put in place for the delivery of sport, physical activity and leisure services.

Sport and Physical Activity services were currently delivered, on the Council’s behalf, by two main providers in Stirling – Active Stirling and McLaren Community Leisure Centre (McLaren CLC). The report focused on services provided by Active Stirling as a separate process was currently underway to determine the future relationship between the Council and McLaren CLC (Appendix 3).

Motion

“That the Council agrees:-

1. to note the findings from the options appraisal workshop attached as Appendix 4 and Appendix 5 to the submitted report;

2. to approve the officer recommendation to undertake a tendering exercise for sport, physical activity and leisure services so that the vision and aspirations of Stirling’s new Sport, Physical Activity and Wellbeing Strategy are achieved; and

3. to instruct officers to progress with a tender process and contract specification that reflects the vision and aspirations within the Sport, Physical Activity and Wellbeing Strategy, delegating full authority for progression, up to but not including award of contract, to the Director of Communities and Partnerships, in consultation with the Convener of the Community Planning and Regeneration Committee. A further report requesting approval of contract award to be submitted to the Community Planning and Regeneration Committee in due course.”

Moved by Councillor Johanna Boyd, seconded by Councillor Neil Benny

Amendment

“That the Council agrees:-

1. to instruct officers to consider the Teckal (in-house exemption) under the Public Contract Regulations 2015 and report findings to the Community Planning and Regeneration Committee on 18 February 2016; and

2. to consider advertising through a voluntary exanti notice, to determine the level of interest in tendering for Sport, Physical Activity and Leisure Facilities.”

Moved by Councillor Scott Farmer, seconded by Councillor Jim Thomson

The Chief Governance Officer provided details of the external legal advice which had been obtained confirming that the Teckal exemption could not currently be applied to Active Stirling. He also outlined the other benefits an open tender process would bring, including a clear process and timetable for contract award and giving confidence to the public that the process had been carried out in an open manner. It was also highlighted to Members that compliance with the procurement regulations was just one factor in the officers’ recommendations, and the recommendations also enabled the Council to demonstrate that it was complying with the obligation to secure Best Value and also avoid the grant of unlawful state aid. The Chief Governance Officer also questioned whether, in light of the advice on the Teckal exemption, a voluntary ex ante transparency notice could validly be issued by the Council. He agreed to provide confirmation of this advice to Members in writing.

Councillor Graham Houston asked that consideration of the report be continued until this written confirmation was received. This was not agreed.

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

For the Amendment (7)

Councillor Scott Farmer Councillor Alycia Hayes Councillor Graham Houston Councillor Graham Lambie Councillor Gerry McLaughlan Councillor Ian Muirhead Councillor Jim Thomson

Against the Amendment (9)

Councillor Neil Benny Councillor Alistair Berrill Councillor Johanna Boyd Councillor Margaret Brisley Depute Convener Callum Campbell Councillor Danny Gibson Councillor Corrie McChord Councillor Christine Simpson Councillor Violet Weir

The Amendment fell by 9 votes to 7.

For the Motion (9)

Against the Motion (7)

Councillor Scott Farmer Councillor Alycia Hayes Councillor Graham Houston Councillor Graham Lambie Councillor Gerry McLaughlan Councillor Ian Muirhead Councillor Jim Thomson

Decision

The Motion was carried by 9 votes to 7 and accordingly the Council agreed:-

1. to note the findings from the options appraisal workshop attached as Appendix 4 and Appendix 5 to the submitted report;

3. to instruct officers to progress with a tender process and contract specification that reflected the vision and aspirations within the Sport, Physical Activity and Wellbeing Strategy, delegating full authority for progression, up to but not including award of contract, to the Director of Communities and Partnerships, in consultation with the Convener of the Community Planning and Regeneration Committee. A further report requesting approval of contract award to be submitted to the Community Planning and Regeneration Committee in due course.

(Reference: Report by Director of Communities & Partnerships, dated 2 December 2015, submitted)

The Depute Convener closed the meeting at 4.35 pm

Appendix 1

QUESTION 1

QUESTION FROM COUNCILLOR MARK RUSKELL FOR ANSWER BY THE LEADER OF STIRLING COUNCIL AT THE FULL COUNCIL MEETING HELD ON THURSDAY 10 DECEMBER 2015.

Question

Rail Service – Stirling to Dunfermline

To ask the Council Leader what is the Council's view on re-establishing passenger rail services from Stirling to Dunfermline?

Answer

A Petition has been submitted to the Scottish Government to establish rail platforms at Crossford, Cairneyhill, Torryburn, Valleyfield, Culross and Kincardine. It is assumed that this petition seeks to establish rail passenger services between Stirling and Dunfermline following the closure of the Longannet Power Station.

Dunfermline is relatively close to Stirling, and yet the direct transport links between these two major settlements are relatively poor. It is possible that there is latent demand for travel between these major settlements which could be realised if rail transport links were improved, with consequent economic benefit for Stirling.

Whilst there are many issues which would need to be considered in an investigation (not least how the rail service would be provided and its impact on existing services), the principle of investigating the potential benefits of re-opening the passenger rail link between Stirling and Dunfermline should be supported by Stirling Council, subject to the Council understanding the outcomes of any work undertaken by other bodies such as Fife or Clackmannanshire Councils, SESTRANS, Transport Scotland or Network Rail.

Officers are currently considering the consultation on the petition and a fuller response will be circulated after 16th December 2015, the deadline for Stirling Council’s response to the Scottish Government.

Supplementary Question and Answer

In response to a suggestion by Councillor Ruskell, the Leader of the Council agreed to meet with him separately and discuss the best way to move this issue forward.

QUESTION 2

QUESTION FROM COUNCILLOR JIM THOMSON FOR ANSWER BY THE CONVENER OF ENVIRONMENT & HOUSING COMMITTEE AT THE FULL COUNCIL MEETING HELD ON THURSDAY 10 DECEMBER 2015.

Question

Car Parking Income

Can the Convener tabulate both on and off street parking income from the separate zones of Stirling, Dunblane and Callander over the previous 10 years.

Answer

Car Parking Income Details for Councillors as at 08-12-15

Question: Can the Convener tabulate both on and off street parking income from the separate zones of Stirling, Dunblane and Callander over the previous 10 years?

2005 -2006 2006 -2007 2007 -2008 2008 -2009 2009 -2010 2010 -2011 2011 -2012 2012 -2013 2013 -2014 2014 -2015 Net Actuals Net Actuals Net Actuals Net Actuals Net Actuals Net Actuals Net Actuals Net Actuals Net Actuals Net Actuals Dunblane Off Street ( Sta rted Dec 2008) £0.00 £0.00 £0.00 (£6,090.42) (£17,576.30) (£16,167.24) (£14,846.46) (£14,295.43) (£16,810.83) (£6,697.58) Dunblane On Street (Started Dec 2008) £0.00 £0.00 £0.00 (£1,481.35) (£4,852.90) (£6,363.75) (£4,834.30) (£5,356.50) (£7,253.05) (£8,4 69.85) Dunblane Excess Fines £0.00 £0.00 £0.00 £0.00 (£3,900.00) (£3,620.00) (£2,373.00) (£5,357.05) (£4,958.16) (£3,178.00) Dunblane On Street Parking Permits £0.00 £0.00 £0.00 (£2,880.00) (£2,940.00) (£1,760.00) (£2,080.00) (£1,634.75) (£1,791.50) (£1, 796.66)

Callander Off Street Meadow's Car Park (£76,210.41) (£88,886.97) (£105,054.60) (£101,918.05) (£100,827.35) (£96,543.20) (£89,855.87) (£87,018.33) (£85,110.79) (£86,303.56) Callander Off Street Station Road Car Pa (£49,997.12) (£58,081.43) (£63,84 2.19) (£57,653.51) (£60,027.23) (£58,211.08) (£56,405.71) (£53,883.33) (£55,829.48) (£60,102.86) Callander Excess Fines £0.00 £0.00 £0.00 £0.00 £0.00 (£3,290.00) (£1,719.00) (£1,964.45) (£2,534.75) (£2,547.75)

Stirling On Street (£516,822.74) (£609,724.52) (£700,353.88) (£679,263.73) (£631,195.29) (£583,220.66) (£525,051.45) (£511,653.17) (£511,444.63) (£486,155.37) Stirling On Street Parking Permits (£24,212.00) (£27,066.00) (£32,762.00) (£33,983.00) (£38,762.00) (£38,910.50) (£38,165.00) (£37,944.50 ) (£39,474.15) (£38,355.57) Stirling Off Street Burghmuir (£64,719.31) (£70,005.70) (£57,453.91) (£50,432.27) (£17,996.41) (£50,894.18) (£62,600.95) (£4,902.38) £0.00 £0.00 Stirling Off Street Linden Avenue (£36,339.36) (£39,694.34) (£35,529.09) (£28,3 47.67) (£10,680.52) (£35,953.78) (£47,701.04) (£50,603.53) (£51,460.64) (£41,172.82) Stirling Off Street Wellgreen (£29,192.11) (£32,801.71) (£34,297.34) (£40,784.66) (£37,365.36) (£34,620.30) (£34,545.04) (£38,896.21) (£26,355.73) (£21,186.25) Stirling Off Street Dalgleish Court (£58,545.62) (£67,799.50) (£80,076.48) (£75,954.72) (£64,593.93) (£48,783.01) (£45,255.63) (£48,114.36) (£50,141.28) (£48,083.73) Stirling Off Street Forthside £0.00 £0.00 £0.00 (£20,539.54) £0.00 (£45,167.48) (£69,304.13) (£ 88,651.33) (£111,259.33) (£109,116.71) Stirling Off Street Rainbow Slides £0.00 £0.00 £0.00 (£54,216.77) (£49,957.23) (£61,148.17) (£71,269.04) (£73,533.18) (£49,396.41) £0.00

Stirling Off Street Excess Charges Burghmuir £0.00 £0.00 £0.00 £0.00 £0.00 (£2,095.00) (£3,766.00) (£1,497.00) £0.00 £0.00 Stirling Off Street Excess Charges Linden Avenue £0.00 £0.00 £0.00 £0.00 £0.00 (£1,980.00) (£1,198.00) (£2,257.30) (£2,057.85) (£1,585.00) Stirling Off Street Excess Charges Wellgreen £0.00 £0.00 £0.00 £0.00 £0.00 (£2,510.00) (£4,276.00) (£8,131.45) (£2,925.65) (£1,886.00) Stirling Off Street Excess Charges Dalgleish Court £0.00 £0.00 £0.00 £0.00 £0.00 (£8,030.00) (£8,840.00) (£16,856.75) (£15,194.80) (£14,617.00) Stirling Off Street Excess Charges Forthside £0.00 £0.00 £0.00 £0.00 £0.00 (£10,240.00) (£24,167.00) (£56,178.00) (£41,430.60) (£27,506.00) Stirling Off Street Excess Charges Rainbow Slides £0.00 £0.00 £0.00 £0.00 £0.00 (£3,800.00) (£5,253.00) (£9,477.64) (£8,370.75) £0.00 Stirling Off Street Exce ss Charges Council Offices £0.00 £0.00 £0.00 £0.00 £0.00 (£7,605.10) (£7,129.00) (£6,497.35) (£3,903.66) (£4,236.00)

Excess Charges All Stirling Council (£35,665.01) (£22,318.00) (£25,875.00) (£19,945.21) (£30,368.00) £0.00 £0.00 £0.00 £0.00 £0.00

N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\2015\SC20151210.DOC QUESTION 3

QUESTION FROM COUNCILLOR GRAHAM LAMBIE FOR ANSWER BY THE CONVENER OF EDUCATION COMMITTEE AT THE FULL COUNCIL MEETING HELD ON THURSDAY 10 DECEMBER 2015.

Question

Joint Use of Schools for Education and Other Services

The Priority Based Budget Option (COP009) indicates shared use of some schools.

Can the Convener tell me what considerations has been given to safety, security and safeguarding children.

Answer

Officers will carefully consider all options within the Community and Property Transformation work streams, ensuring appropriate risk assessments and robust option appraisals are undertaken.

These assessments will be used to inform the design of any alterations to facilities.

For projects where schools are being considered for shared use, the safety and security of children is paramount, and will form a crucial aspect of the risk and options appraisals. Services users, pupils, parents and the wider community will be engaged throughout this process.

In taking this option forward the Council will ensure that children's safety is maintained by providing separate access to the library area of the building which ensures that library users cannot get unaccompanied access to the rest of the school. There are good examples of this working well in practice in other authorities such as in Perth.

Supplementary Question and Answer

In response to a question raised by Councillor Lambie regarding how PBB Option COP009 would be progressed, the Convener of the Finance & Economy Committee agreed to meet with him separately and discuss his concerns, particularly in relation to Drymen Library.

QUESTION 4

QUESTION FROM COUNCILLOR SCOTT FARMER FOR ANSWER BY THE CONVENER OF FINANCE & ECONOMY COMMITTEE AT THE FULL COUNCIL MEETING HELD ON THURSDAY 10 DECEMBER 2015.

Question

Business Improvement District (BID) Stirling

We welcome plans to reintroduce the BID for Stirling, provided a means can be found to support small businesses. Do those identified as exempt from the charge, retain their voting rights?

Answer

Those who are exempt from the charge are those below a rateable value of £10,000 and they do not retain a vote. They can choose to contribute if they want to once the BID is in place.

Supplementary Question and Answer

Councillor Farmer suggested that small businesses should be able to opt in to the BID process and thereby be given a vote. The Convener of the Finance & Economy Committee agreed to meet with Councillor Farmer and discuss this further, with a view to potentially putting it as a formal proposal to the BID Steering Group.

QUESTION 5

QUESTION FROM COUNCILLOR GERRY MCLAUGHLAN FOR ANSWER BY THE CONVENER OF FINANCE & ECONOMY COMMITTEE AT THE FULL COUNCIL MEETING HELD ON THURSDAY 10 DECEMBER 2015.

Question

Rationalisation of Property

A report to the Community Planning and Regeneration Committee on 26 November discussed the lessons learned from the Cambuskenneth Hall and Park closure, now reversed.

Can the Convener advise and produce a list of assets considered for closure or disposal as part of the current PBB proposals.

Answer

There are three specific PBB programmes reviewing property assets. These programmes are looking at our main office and depot space; our properties in communities eg. Schools, community halls, pavilions, and specifically around libraries. At this stage there are no properties identified for closure or disposal. The proposed initial activities on these programmes will focus on Service Delivery requirements and consultation with customers and communities.

Early dialogue has been held at officer level with the NHS and Police Scotland on potential shared property solutions and this will continue and widen to other potential partners. This makes sense outwith the budget process to continue to explore options to work closer with our partners.

These are interesting PBB options that will be considered by Council in February at the budget setting meeting.

I expect Officers to fully brief Elected Members on projects within these programmes prior to engagement with communities, and decisions around service design and property rationalisation. It is important that Members continue to engage with the PBB process to understand the full ramifications of PBB options. In the context of the Council's continued financial position all Members have a responsibility to ensure that the Council sets a balanced budget.

Supplementary Question and Answer

Councillor McLaughlan noted that £1.5M potential savings had been set against PBB Option COP004 (Community Property Transformation) and asked how this figure had been arrived at. The Convener of the Finance & Economy Committee advised that work would place over a number of years to identify options and agree how to proceed with those properties identified as surplus to requirements. The aim was to have better facilities that were cheaper to run. It was incumbent on all Elected Members to ensure that they remained well informed regarding any potential impact on their communities.

Appendix 2

MEETING of the STIRLING COUNCIL held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on THURSDAY 10 DECEMBER 2015

Motions in Terms of Standing Order 16

Information/Advice from Officers

1. Women 5050

The Electoral Commission sets standards for the performance of Returning Officers. These standards include ensuring that anyone who wishes to stand for election receives all the information they need to take part. The Returning Officer holds briefing sessions for prospective candidates and agents in advance of elections to provide information on the electoral process. Such events will be organised in advance of the Scottish Parliament and Local Government elections.

A number of political parties already have voluntary mechanisms to ensure that women are more fairly represented and 4 out of 5 of the party leaders in Scotland have signed up to the 50:50 campaign.

2. Transatlantic Trade and Investment Partnership

It is understood that the proposed Transatlantic Trade and Investment Partnership (TTIP) is primarily intended to be a deal to cut tariffs and regulatory barriers to trade between the US and EU countries, making it easier for companies on both sides of the Atlantic to access each other's markets. It came about from a working group which was established at an EU-US summit in November 2011 to find ways to increase growth and competitiveness. This working group reported in February 2013 recommending a bilateral trade agreement, which became the TTIP. Negotiations have been taking place since June 2013, and the proposed agreement is not yet finalised. Timing around when it might be finalised is uncertain, especially given the US presidential election in 2016.

Once finalised the deal would need to be agreed by both the European Council and the European Parliament. It would then need to be separately ratified by all 28 EU member states. In the US the agreement must be approved by Congress.

It should be noted that as the proposed TTIP has not yet been finalised or approved by the European Council and the European Parliament, and as such not yet the subject of ratification by the EU member states, we do not know if it will be, or what its final form might be if so approved and ratified. This means that we cannot assess the potential effect upon Stirling Council, or how the same might be mitigated by the Council. In addition, if it was so approved and ratified, then, as matters stand, it is not clear the extent to which it would be lawful for the Council to resolve not to comply with it and establish "a TTIP free zone.

3. Towards a Fairer Scotland

The Council has not yet received the details of the Local Government Finance Settlement. As such officers are not in a position to provide any information/advice in connection with this motion.

4. Callander – Closure of Businesses

Senior Officers of the Council are working with the other partners who make up Callander Partnership i.e. key community organisations, elected members and National Park to address the economic impact as set out in the motion. The situation with the proposed closure of shops along Main Street was discussed at the Callander Partnership meeting on 4 December 2015 and actions were agreed.

Senior Manager Regeneration & Place and Senior Manager Environment met with the partnership, heard their concerns and it was agreed that the Council would respond appropriately (ie the relevant officers) as and when required. The Partnership has its own plan and associated actions which we are supporting.

Senior managers are well informed of issues locally and are contributing as requested. The composition of the Partnership is:

National Park Community Council Community Development Trust Callander Enterprises

5. Housing in Raploch

The houses involved are subject to Administration procedures but no action has been taken by the Administrator or the landlord to terminate any tenancy agreements.

Housing Services are working with the tenants to support them and are monitoring the situation in respect of the Administration procedures.