minutes of meeting of stirling council held in the council...

$: MINUTES of MEETING of STIRLING COUNCIL held in the COUNCIL …minutes.stirling.gov.uk/pdfs/scouncil/minutes/sc20111006.pdf · 2012-02-08 · N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20111006.DOC$
N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20111006.DOC

STIRLING COUNCIL

MINUTES of MEETING of STIRLING COUNCIL held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on THURSDAY 6 OCTOBER 2011 at 6.30 pm

Present: Provost Fergus WOOD (in the Chair)

Councillor Neil BENNY

Councillor Alistair BERRILL Councillor Margaret BRISLEY Councillor Ian BROWN Councillor Callum CAMPBELL Councillor Scott FARMER Councillor Tony FFINCH 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 Steven PATERSON Councillor Graham REED Councillor Andrew SIMPSON Depute Convenor Jim THOMSON Councillor Violet WEIR

In Attendance: Barbara Allan, Service Manager (Communities), Employment, Communities & Youth Jim Boyle, Chief Finance Officer, Governance & Resources Deirdre Cilliers, Joint Head of Social Care Claire Dunbar, Committee Officer, Governance & Resources Liz Duncan, Chief Governance Officer, Governance & Resources (Clerk) Des Friel, Head of Employment, Communities & Youth Lynne Gibbons, Service Manager (Adult Learning & Culture), Employment, Communities &

Youth Bob Gil, Head of Corporate Projects Implementation Belinda Greer, Joint Head of Education Janice Hewitt, Assistant Chief Executive (Care, Health & Wellbeing) Bob Jack, Chief Executive Kristine Johnson, Council HR Manager Linda Kinney, Assistant Chief Executive (Learning, Empowerment & Citizenship) Christine Maclean, Policy Officer, Chief Executive’s Office John MacMillan, Service Manager (Technical Services), Housing & Customer Service Steve Mason, Project Officer, Housing & Customer Service Rebecca Maxwell, Assistant Chief Executive (Sustainability, Economy & Environment) Claire Milne, Principal Planning Officer, Economy, Planning & Regulation Peter Morgan, Planning Manager, Economy, Planning & Regulation John Risk, Head of Assets & Support Kevin Robertson, Head of Economy, Planning & Regulation Willie Watson, Head of Governance & Resources Apologies: An apology for absence had been received on behalf of Councillor Paul Owens. The Council's Building Standards Team had recently achieved certification to the internationally recognised ISO 9001:2008 quality management standard, and prior to the


formal commencement of the meeting, the British Standards Institution presented them with their certificate. The Team was congratulated on being one of the first Building Standards Services in the country to achieve this standard of accreditation. SC732 DECLARATIONS OF INTEREST

Councillors Steven Paterson and Jim Thomson declared interests in Item E24 (Stirling District Tourism: Strategic Review) as they had been appointed by the Council as Directors of SDT. Councillor John Hendry declared an interest in Item E25 (Disposal of City of Stirling Business Parks (Investments) Limited) as he had been appointed by the Council as a Director of CSBP. As their non-financial interests in the companies were registered, they intended to participate in the discussions and in any votes.

SC733 URGENT BUSINESS The Provost advised that there were two items of urgent business:- 1. Hogmanay and New Year Festival Development 2011-2014, which sought

approval of a contract outwith the limits of officer delegation in sufficient time for all the necessary arrangements to be made prior to this Hogmanay, and

2. Land Acquisition at Kildean, Stirling, which sought early approval from the Council for completion of a land transaction for which the Heads of Terms had only been approved this week.

Both reports had been circulated to Members in advance of the meeting. It was agreed that the Hogmanay item be discussed prior to any other item and that the Kildean item be taken at the end of the agenda.

SC734 HOGMANAY AND NEW YEAR FESTIVAL DEVELOPMENT 2011-2014 Prior to consideration of this matter, the Council debated whether or not it should be taken in private. The Officer’s recommendation was that it was an exempt report, for the reasons set out at paragraph 7. Motion “That the item be taken in private.” Moved by Councillor Steven Paterson, seconded by Councillor Scott Farmer Amendment Councillor Neil Benny, seconded by Councillor Graham Reed, moved the Direct Negative On the roll being called the Members present voted as follows:-


For the Motion (7) Councillor Scott Farmer Councillor Graham Houston Councillor Graham Lambie Councillor Alasdair MacPherson Councillor Steven Paterson Depute Convener Jim Thomson Provost Fergus Wood Against the Motion (14) Councillor Neil Benny Councillor Alistair Berrill Councillor Margaret Brisley Councillor Ian Brown Councillor Callum Campbell Councillor Tony Ffinch Councillor Colin Finlay Councillor David Goss Councillor John Hendry Councillor Corrie McChord Councillor Colin O’Brien Councillor Graham Reed Councillor Andrew Simpson Councillor Violet Weir Decision The Motion fell by 14 votes to 7 and accordingly the Council agreed to discuss the item in public. At its meeting on 19 May 2011 (SC689 refers) the Council had agreed to proceed to tender for the provision of performance programming and delivery of Stirling’s New Year festival, including the Hogmanay Party on Stirling Castle Esplanade, for the period 24 October 2011 to 31 January 2015.

In line with the Council’s Scheme of Delegation, the report submitted by the Head of Employment, Communities & Youth now sought Council’s approval to award the contract, which was in excess of £250,000.

Following the publication of a tender for the delivery of the contract, and the subsequent evaluation of legitimate submissions, Zisys AVMN Limited had been identified as the preferred bidder. The value of the Zisys AVMN bid was £54,250 for Hogmanay 2011, and an indicative total of £316,250 for the full contract.

The estimated value of the tender was for the Hogmanay Party only. Further events would be considered as the festival concept evolved, taking account of sponsorship and financial viability. It was noted that Event Scotland had agreed a grant of £20,000 to support Stirling’s Winter Festival, £15,000 of which was for Hogmanay and the New Year festival development. The remainder was for events celebrating St Andrews Day.


Members debated the affordability of the Hogmanay Party and its impact on Stirling’s businesses, particularly the night time economy. Motion “That the Council agrees to give approval to award a contract to Zisys AVMN Limited for the provision of performance programming and delivery of Stirling’s New Year festival, including the Hogmanay Party on Stirling Castle Esplanade, for the period 24 October 2011 to 31 January 2015 on the terms set out in the submitted report.” Moved by Councillor Steven Paterson, seconded by Councillor Scott Farmer Amendment Councillor Neil Benny, seconded by Councillor Alistair Berrill, moved the Direct Negative On the roll being called the Members present voted as follows:- For the Motion (7) Councillor Scott Farmer Councillor Graham Houston Councillor Graham Lambie Councillor Alasdair MacPherson Councillor Steven Paterson Depute Convener Jim Thomson Provost Fergus Wood Against the Motion (7) Councillor Neil Benny Councillor Alistair Berrill Councillor Ian Brown Councillor Callum Campbell Councillor Tony Ffinch Councillor David Goss Councillor Graham Reed Not Voting (7) Councillor Margaret Brisley Councillor Colin Finlay Councillor John Hendry Councillor Corrie McChord Councillor Colin O’Brien Councillor Andrew Simpson Councillor Violet Weir


Decision There being 7 votes for and 7 against the Motion, with 7 Members not voting, the Provost cast his casting vote in favour of the Motion and accordingly the Council agreed to give approval to award a contract to Zisys AVMN Limited for the provision of performance programming and delivery of Stirling’s New Year festival, including the Hogmanay Party on Stirling Castle Esplanade, for the period 24 October 2011 to 31 January 2015, on the terms set out in the submitted report. (Reference: Report by Head of Employment, Communities & Youth (undated), submitted)

SC735 MINUTES The following Minutes were submitted for approval:-

a. Special Meeting of Stirling Council – 22 August 2011

Decision The Minutes of the Special Meeting of Stirling Council held on 22 August 2011 were approved as a correct record of the proceedings, subject to noting under SC725 (Licensing Forum Membership) that Councillor Steven Paterson had asked how many joint meetings had been held between the Licensing Forum and the Licensing Board.

b. Stirling Council - 30 June 2011 Decision The Minutes of Meeting of Stirling Council held on 30 June 2011 were approved as a correct record of the proceedings.

c. Local Review Body - 1 September 2011 Decision The Minutes of Meeting of the Local Review Body held on 1 September 2011 were approved as a correct record of the proceedings.

d. Parental Appeals Panel – 29 August 2011 Decision The Minutes of Meeting of the Parental Appeals Panel held on 29 August 2011 were approved as a correct record of the proceedings.


SC736 WRITTEN QUESTIONS

Four 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 each and the supplementary questions and answers are also included in Appendix 1.

SC737 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 questions were put:- Volume Page 18576, Minutes of Special Meeting of the Stirling Council held on 22 August 2011, Item SC725 (Licensing Forum Membership) Councillor Steven Paterson asked how many joint meetings between the Licensing Board and the Licensing Forum had been held since 2007. They were obliged to hold a joint meeting annually. Councillor Reed, Chair of the Licensing Board advised that the first joint meeting of the Licensing Board and the Licensing Forum would be held in November 2011 (date to be confirmed). Volume Page 18369, Minutes of the Executive held on 23 June 2011, Item EX420 (Kerbside Recycling Collection of Cardboard and Changes to Frequency of Brown Bin (Green Garden Waste) Collection) Councillor Alistair Berrill referred to community opposition to the proposed reduction in frequency of the brown bin collection and asked when the matter would be considered by Council. The Head of Economy, Planning & Regulation advised that the Executive's decision was for further public consultation to be undertaken on proposals for separate collection of cardboard (as part of weekly recycling collection service) and changes to frequency of brown bin (green garden waste) collection, and for the outcome of this consultation to be reported to a future Council meeting. An extensive community consultation exercise was carried out during August / September 2011, and a report on the findings from the consultation and service proposals would be submitted to Council on 1 December 2011. Councillor Jim Thomson, Portfolio Holder for Environment & Sustainability, added that the 2-weekly collection of brown bins in the pilot areas would resume from March 2012.


Councillor Margaret Brisley asked whether it was fair that residents in Causewayhead should continue to have a reduced service until March. Councillor Thomson advised that there would continue to be a weekly cardboard collection throughout, and that collection of brown bin green garden waste would continue until end of November, re-starting at beginning of March. There was little garden waste produced during the winter months. This arrangement had the full support of the community. Volume Page 18417, Minutes of Stirling Council held on 30 June 2011, Written Questions (Question 1) Councillor Ian Brown referred to his written question regarding the signage and security door at Bannockburn High School and was disappointed to note that he had not yet received an invitation to visit the school with the Portfolio Holder to discuss these issues with the Headteacher. He asked for assurance that the security door had been repaired and that the school was secure. Councillor Graham Lambie, Portfolio Holder for Education, agreed to take the issue of the security door up with the Service and to speak to the new Headteacher to arrange a visit. Volume Page 18401, Minutes of Stirling Council held on 30 June 2011, Item SC709 (Beauly to Denny Overhead Power Line) Councillor Graham Reed referred to the expenditure being incurred by the Council as a result of carrying out the assessments and consultations associated with the project, and asked whether Ofgen had been contacted with a view to recovering these costs. Councillor Jim Thomson, Portfolio Holder for Environment & Sustainability, advised that contact had not yet been made, but it was still open to the Council to do so. He reminded Councillors that a request had previously been made to the Scottish Government to reimburse this expenditure, but that the request had been declined. Volume Page 18368, Minutes of the Executive held on 23 June 2011, Item EX419 (‘A’ Board Advertising Policy) Councillor Neil Benny asked whether the new ‘A’ Board policy had been implemented and, if so, how many permits had been issued. Councillor Jim Thomson, Portfolio Holder for Environment & Sustainability, advised that local traders had been made aware of the new policy. In the last week, officers had given those traders displaying ‘A’ boards 7 days notice that the policy was coming into effect. Thereafter, any ‘A’ board displayed without a permit would be removed.


Volume Page 18372, Minutes of the Executive held on 23 June 2011, Item EX423 (Scotland’s Six Cities: A Shared Vision for Scotland’s Success) Councillor David Goss asked what progress had been made on the Shared Vision for Scotland’s Success. The Leader of the Council advised that a progress report would be circulated to Members following a meeting with the Secretary of State on 17 October 2011.

SC738 STIRLING’S LOCAL HOUSING STRATEGY: HOUSING NEED AND DEMAND The Executive at its meeting on 1 September 2011 (EX431 refers) had referred this matter for the consideration of Council. The Housing Need and Demand Assessment provided the evidence base to inform the housing supply and policy frameworks for both the Local Housing Strategy and the Local Development Plan. It would also provide the evidence base to inform policy discussions and decisions in relation to the delivery of affordable housing and market housing. A report submitted by the Head of Housing & Customer Service summarised the conclusions of the Assessment and sought approval of the housing supply targets, which would be included in Stirling’s Local Housing Strategy 2012. It was noted that the Housing Need and Demand Assessment and the housing supply targets would also be used by the Loch Lomond and Trossachs National Park to inform the housing land supply set out in their Local Development Plan. Stirling’s Housing Need and Demand Assessment had been developed jointly by the Housing and Planning Services in consultation with a range of organisations making up Stirling’s Housing Market Partnership, with key elements of the assessment having been discussed with Elected Members through the Local Development Plan Working Group and the Housing Advisory Group. The Centre for Housing Market Analysis, a unit of the Scottish Government had assessed the document and agreed that it was “robust and credible”. The Housing Needs and Demand Assessment had concluded that there would be a need for up to 700 new social rented homes each year over the next ten years to meet both the current unmet and emerging needs, and that between 1,900 and 2,600 market houses would be needed over the next 10 years – 190/260 per annum. During the debate, Members considered:-

• The methodology for producing the Housing Need and Demand Assessment, which was laid down in Scottish Government Guidance

• The assumptions about population and household growth • Market conditions • The need for affordable housing

Housing Officers were thanked for the production of the report on this very complex issue.


Motion “That the Council agrees:-

1. to note that the Centre for Housing Market Analysis has concluded that the Council’s recently completed Housing Needs and Demand Assessment 2011 is “robust and credible” and to adopt it as the basis for developing housing supply targets and the wider housing policy framework for the Council’s Local Development Plan and the Local Housing Strategy and future joint working on housing supply with the Loch Lomond and Trossachs National Park;

2. to approve the housing supply targets which will be included in Stirling’s Local Housing Strategy 2012 as set out in paragraph 3.28 to the submitted report;

3. to note that discussions with the Loch Lomond and Trossachs National Park Authority are underway to agree a suitable housing supply target for the National Park Area;

4. that there is a continuing need for an affordable housing planning policy and that an updated policy should be included in the Local Development Plan; and

5. that the supply of new homes across the Local Development Plan area should include a mix of house types, sizes and tenures matched to local needs and demands and that achieving this should be a core objective of the Local Development Plan.”

Moved by Councillor Alasdair MacPherson, seconded by Councillor Jim Thomson

Amendment

Councillor Neil Benny, seconded by Councillor Alistair Berrill moved the Direct Negative.

On the roll being called the Members present voted as follows:- For the Motion (17) Councillor Margaret Brisley Councillor Ian Brown Councillor Scott Farmer Councillor Colin Finlay Councillor David Goss Councillor John Hendry Councillor Graham Houston Councillor Graham Lambie Councillor Alasdair MacPherson Councillor Corrie McChord Councillor Colin O’Brien Councillor Steven Paterson Councillor Graham Reed Councillor Andrew Simpson Depute Convener Jim Thomson Councillor Violet Weir Provost Fergus Wood


Against the Motion (4) Councillor Neil Benny Councillor Alistair Berrill Councillor Callum Campbell Councillor Tony Ffinch Decision The Motion was carried by 17 votes to 4, and accordingly the Council agreed:-

1. to note that the Centre for Housing Market Analysis had concluded that the Council’s recently completed Housing Needs and Demand Assessment 2011 was “robust and credible” and to adopt it as the basis for developing housing supply targets and the wider housing policy framework for the Council’s Local Development Plan and the Local Housing Strategy and future joint working on housing supply with the Loch Lomond and Trossachs National Park;

2. to approve the housing supply targets which would be included in Stirling’s

Local Housing Strategy 2012 as set out in paragraph 3.28 to the submitted report;

3. to note that discussions with the Loch Lomond and Trossachs National Park

Authority were underway to agree a suitable housing supply target for the National Park Area;

4. that there was a continuing need for an affordable housing planning policy

and that an updated policy should be included in the Local Development Plan; and

5. that the supply of new homes across the Local Development Plan area should

include a mix of house types, sizes and tenures matched to local needs and demands and that achieving this should be a core objective of the Local Development Plan.

(Reference: Extract from Minutes of Meeting of the Executive held on 1 September 2011 and report by Head of Housing & Customer Service dated 25 August 2011, submitted)

SC739 STIRLING LOCAL DEVELOPMENT PLAN: PROPOSED PLAN

Stirling Council was progressing the production of a new Stirling Local Development Plan in accordance with the Planning etc (Scotland) Act 2006, which would update the development planning framework and guide the future use and development of land for the next 20 years. A report submitted by the Head of Economy, Planning & Regulation described the process undertaken to date and sought approval for the publication of and consultation on the Proposed Local Development Plan and its associated supporting documents and reports. The Proposed Plan was the second stage in preparing the Local Development Plan. Scottish Ministers expected the Proposed Local Development Plan to represent the


planning authority’s settled view as to what the final adopted content of the Plan should be. Scottish Government (through the 2006 Act) required new Local Development Plans to contain the following:-

• Vision statement - which would provide a realistic expression of what the Plan area could be like in 20 years time.

• Spatial strategy - setting out the planning authority’s policies and proposals as to the development and use of land up to year 10 from adoption of the Plan and to give an indication of the scale and location of growth up to year 20.

• Schedule of land ownership highlighting any sites owned by the planning authority which were the subject of proposals or policies in the Proposed Plan.

The Proposed Local Development Plan and its supporting documents were the outcome of extensive research and engagement with key agencies, community planning partners, local communities, businesses, developers, Elected Members and Council Services, since 2009. Members asked questions about:-

• The key stages and timescales towards the formal adoption of the Plan • The status of the Proposed Plan in the determination of planning applications

Motion “That the Council agrees:-

1. to approve the Proposed Local Development Plan, as attached at Appendix 1 to the submitted report, and its associated Appendices and accompanying Draft Supplementary Guidance;

2. to publish the Proposed Local Development Plan and supporting documents (including on the internet), send a copy to Scottish Ministers and place copies in the public libraries in the area;

3. to consult on the Proposed Local Development Plan between 24 October and 16 December 2011, including notifying the relevant bodies, in accordance with the approach set out with the Planning etc (Scotland) 2006 Act;

4. to receive a report to a future Council meeting on the outcome of consultation on the Proposed Local Development Plan; and

5. to note the future stages and timescales towards an adopted Local Development Plan (as shown in Appendix 3).”

Moved by Councillor Jim Thomson, seconded by Councillor Alasdair MacPherson


Amendment “That the Council agrees:-

1. to commend and thank officers for the significant amount of work that has

gone into the preparation of the proposed plan at Appendix 1 to the submitted report;

2. to utilise the proposed local development plan attached at Appendix 1 as a

Draft Proposed Local Development Plan and to hold an extra consultation on the plan with the people of Stirling, businesses and developers. This further consultation will give Council an opportunity to amend the plan as a consequence of comments before involving the Reporter;

3. to publish the Draft Proposed Local Development Plan and supporting

documents (including on the internet), and place copies in the public libraries in the area;

4. to consult on the Draft Proposed Local Development Plan between 24

October and 16 December 2011 as planned; 5. to remit to the Clerk to schedule a special meeting of Council following the

consultation to approve the Proposed Local Development Plan – this meeting will discuss no other business to ensure the plan is given the time for debate it requires; and

6. to adjust the future stages in accordance with the above and report the new

timetable.” Moved by Councillor Neil Benny, seconded by Councillor Margaret Brisley Councillor Thomson withdrew his Motion and the terms of the Amendment were unanimously approved. Decision The Council agreed:-

1. to commend and thank officers for the significant amount of work that had gone into the preparation of the proposed plan at Appendix 1 to the submitted report;

2. to utilise the proposed local development plan attached at Appendix 1 as a Draft Proposed Local Development Plan and to hold an extra consultation on the plan with the people of Stirling, businesses and developers. This further consultation would give Council an opportunity to amend the plan as a consequence of comments before involving the Reporter;

3. to publish the Draft Proposed Local Development Plan and supporting documents (including on the internet), and place copies in the public libraries in the area;


4. to consult on the Draft Proposed Local Development Plan between 24 October and 16 December 2011 as planned;

5. to remit to the Clerk to schedule a special meeting of Council following the consultation to approve the Proposed Local Development Plan – this meeting would discuss no other business to ensure the plan was given the time for debate it required; and

6. to adjust the future stages in accordance with the above and report the new timetable.

(Reference: Report by the Head of Head of Economy, Planning & Regulation dated 27 September 2011, submitted)

SC740 BEAULY TO DENNY OVERHEAD POWER LINE Scottish Ministers had granted consent for the 400Kv overhead electricity transmission line from Beauly to Denny in January 2010. The route of the power line passed through the Stirling Council area from north of Kinbuck, by the east of Stirling, to south of Plean, a length of 22km. The section of the power line from the Ochil Scarp to Plean was conditioned by the Stirling Visual Impact Mitigation Scheme. Following Scottish Ministers earlier rejection of Scottish Power Transmissions’ Stirling Visual Impact Mitigation Scheme, Scottish Power Transmissions re-submitted their mitigation proposals on 26 August 2011 for formal consideration by Ministers. Ministers were required to formally consult with Stirling Council on these proposals before reaching a decision on the mitigation measures. Scottish Ministers had asked Stirling Council for a formal response on Scottish Power Transmissions’ Stirling Visual Impact Mitigation Scheme proposals by 14 October 2011. The Council’s Beauly – Denny Power Line Steering Group had assessed Scottish Power Transmissions’ re-submitted Stirling Visual Impact Mitigation Scheme, which was broadly similar to their previous proposals, and included additional screen planting and tower painting. There were no proposals to underground sections of the high voltage power line. The Steering Group considered the proposed mitigation measures to be inadequate and ineffective in reducing the visual impact of the overhead power line. Further the Steering Group considered that Scottish Power Transmissions had discounted more appropriate measures, principally on the basis of cost, and had not fully addressed the requirements of Condition 19 of the Consent and the Electricity Act 1989 in this respect. A report submitted by the Head of Economy, Planning & Regulation provided an update on the power line project, including the Steering Group’s assessment of Scottish Power Transmissions’ re-submitted proposals for the Stirling Visual Impact Mitigation Scheme, and sought endorsement of the Council’s response to Scottish Ministers.


During the debate, Members:-

• Re-affirmed that the only effective visual mitigation would be undergrounding of the line

• Proposed that undergrounding was affordable in the context of the overall

scheme The Provost gave members of the public an opportunity to make statements to the Council regarding the proposed mitigation measures. The members of the public who spoke were, without exception, in opposition to the proposals. Points raised included the need to protect the natural beauty and heritage of the area, the risk to public health posed by the pylons and the proliferation of pylons around the Eastern Villages. In response to a proposal by Councillor Graham Reed, the Council Leader agreed to make a personal request to the Scottish Government that it reconsider its previous decision and reimburse the Council for all costs incurred as a result of carrying out the assessments and consultations associated with the project. In response to a proposal by Councillor Alasdair MacPherson, the Head of Economy, Planning & Regulation agreed to ask Scottish Ministers to call on Scottish Power Transmissions to produce a visual model for the proposed line as it affected the whole Stirling Council area. Decision The Council agreed:-

1. to note the Stirling Visual Impact Mitigation Scheme proposals formally submitted by Scottish Power Transmissions to Scottish Ministers;

2. to note the Beauly to Denny Power Line Steering Group assessment of

Scottish Power Transmissions’ proposals for the Stirling Visual Impact Mitigation Scheme;

3. to reaffirm that undergrounding of the power line was the Council’s preferred

option for parts of the development identified by stakeholders; 4. to endorse the proposed Council response to Scottish Ministers on Scottish

Power Transmissions’ Stirling Visual Impact Mitigation Scheme, in that the proposals were inadequate and ineffective and that other more effective means of mitigation should be adopted to satisfy the requirements of the Consent; and

5. to receive a further update report on the outcome of the formal consultation

with Scottish Ministers on the Stirling Visual Impact Mitigation Scheme. (Reference: Report by the Head of Economy, Planning & Regulation dated 27 September 2011, submitted)


In terms of Standing Order 35, the Council adjourned for a comfort break at 8.25pm.

The Council reconvened at 8.40pm with the same Members present.

SC741 SOCIAL CARE AND SOCIAL WORK IMPROVEMENT SCOTLAND (FORMERLY HMIE – HER MAJESTY’S INSPECTORATE OF EDUCATION): JOINT INTERIM FOLLOW-THROUGH INSPECTION OF SERVICES TO PROTECT CHILDREN AND YOUNG PEOPLE IN THE STIRLING COUNCIL AREA (25 AUGUST, 2011) A report submitted by the Interim Head of Social Care advised Council of the findings of the multi agency joint inspection of services to protect children and young people in the Stirling Council area and confirmed the strategic and operational arrangements for the continued improvement of services. A follow through joint inspection of services to protect children and young people in the Stirling Council area had been undertaken by Social Care and Social Work Improvement Scotland (SCSWIS) in May 2011. The final report of the inspection was published on 25 August 2011. The report noted that “Chief Officers were taking effective action to ensure progress was being made against all the agreed areas for improvement”. The report noted positive progress in each of the six agreed areas for improvement identified from the last follow through inspection in June 2010. The Leader of the Council highlighted the significant roles played by improved partnership working and strong leadership, which provided “…a firm foundation for continued service improvement.” The Multi Agency Continuous Improvement Group, which included representation from Stirling Council, Central Scotland Police, Forth Valley National Health Service and Scottish Children’s Reporter Administration, continued to meet to monitor and progress actions identified within the current Improvement Plan. Formal monitoring of implementation of the Improvement Plan had taken place through regular reports to the Child Protection Committee, quarterly reports to the Chief Officers (G3) and the Multi Agency Child Protection Improvement Group. Performance and progress had also been monitored by the Service Delivery & Performance Committee. A review of the Improvement Action Plan would be carried out to reflect the findings of this inspection. A review of the Multi Agency Continuous Improvement Groups for Clackmannanshire and Stirling Council areas would also take place with a single group being formed to drive forward the improvement agenda. Social Care and Social Work Improvement Scotland would be carrying out a full follow through Inspection in Autumn 2012. In response to a question by Councillor Ian Brown, the Head of Joint Social Services advised that officers were currently carrying out a scoping exercise on services


focussing on domestic abuse. They would then consider how the good work carried out by the CEDAR project (Children Experiencing Domestic Abuse Recovery) could be mainstreamed. Decision The Council agreed:-

1. to note the publication and findings of the Joint Interim Follow Through

Inspection of Services to Protect Children and Young People in the Stirling Council area (Social Care and Social Work Improvement Scotland, 2011);

2. to note the planned review of the Multi Agency Continuous Improvement Groups for Clackmannanshire and Stirling Council areas, with a single group being formed to drive forward the improvement agenda; and

3. to note the planned review of the Improvement Plan to reflect the findings of this follow through inspection.

(Reference: Report by Head of Interim Head of Social Care/Chief Social Work Officer undated, submitted) Councillor Colin O’Brien left the meeting chamber at this point in the proceedings

SC742 CORNTON DEVELOPMENT FRAMEWORK A report submitted by the Assistant Chief Executive (Sustainability, Economy & Environment) advised Members of the development of a Development Framework and accompanying design guidelines and principles for the community of Cornton. The Development Framework had been developed in consultation with community representatives and relevant service providers. The approach taken dealt both with the physical or land use elements of regeneration and economic and social elements of regeneration. Recognising the long time frame which may be necessary for final delivery of this Development Framework, consideration had also been given to interim uses of development sites It was noted that there would be further consultation on any site specific proposals. The Development Framework would be accompanied by an Early Action Plan and People Plan. These would be progressed once the Development Framework was approved. Any additional resource implications would be reported to the Council through the budget process. Decision The Council agreed: 1. to approve the Development Framework for Cornton, and agree its inclusion

as part of the draft Proposed Local Development Plan; and


2. to note the intention to develop an Early Action Plan and People Plan for Cornton.

(Reference: Report by Assistant Chief Executive (Sustainability, Economy & Environment), undated, submitted) Councillor Colin O’Brien returned to the meeting chamber at this point in the proceedings

SC743 CULTENHOVE DEVELOPMENT FRAMEWORK A report submitted by the Assistant Chief Executive (Sustainability, Economy & Environment) advised Members of the development of a Development Framework and accompanying design guidelines and principles for the community of Cultenhove. The Development Framework had been developed in consultation with community representatives and relevant service providers. The approach taken dealt both with the physical or land use elements of regeneration and economic and social elements of regeneration. Recognising the long time frame which may be necessary for final delivery of the Development Framework, consideration had also been given to interim uses of development sites. The Development Framework was accompanied by an Early Action Plan. A People Plan was in development. Any additional resource implications would be reported to the Council through the budget process. It was noted that an application had been made to the Big Lottery Fund. The Council commended the Communities Team and the communities of Cornton and Cultenhove for their work on the Cultenhove and Cornton Development Frameworks. Councillor John Hendry made reference to the excellent data profile that had been produced for Cultenhove and Councillor Scott Farmer, Portfolio Holder for Economy, Tourism & Finance confirmed that the learning that had come out of the development of the frameworks would be applied to other communities facing the same issues. Decision The Council agreed:-

1. to approve the Development Framework for Cultenhove (known as the St Ninians Development Framework) and agree its inclusion as part of the draft Proposed Local Development Plan;

2. to note progress on the St Ninians Early Action Plan to deliver the Development Framework; and

3. to note progress on developing a People Plan in response to wider socio-economic issues.


(Reference: Report by Assistant Chief Executive (Sustainability, Economy & Environment), undated, submitted)

SC744 STIRLING COUNCIL ANNUAL REPORT 2010/11 The Chief Executive presented the Stirling Council Annual Report for 2010/11. Each year, as part of the Council’s performance reporting arrangements, an annual report was produced for the previous financial year. This report presented a balanced picture of progress towards achieving the Council’s priorities, as outlined in the Strategic Plan and Annual Improvement Statement. Audit Scotland had challenged councils to make their public performance reporting more accessible and readily understandable. They had also challenged councils to present performance information in a more balanced way, acknowledging areas for improvement as well as successes. In addition to this formal report, a summary report would be included in the Winter 2011 issue of ‘Stirling’, covering both those areas where the Council had performed well against its strategic priorities and those where further improvement or action was required. For the first time, the performance information had been taken from the Covalent Performance Management System. New sections had been included on Financial Performance and Customer Insight Information. Where relevant, the Annual Report also provided information relating to the inspections that Council services had been subject to during the year. A short evaluation survey was being designed that readers would be able to complete to provide feedback on what they thought of the report. The Chief Executive was pleased to advise that the report showed clear evidence of the impact of a number of recent changes to the management and performance of the organisation. Of the 94 performance indicators, over two thirds were at green and only 14 had a red “Alert” indicator. Examples were given of service areas where the Council was performing particularly well and areas where improvement was required. The trend for the past 2 years was that two thirds of the Council’s services were improving. Through the auspices of the Service Delivery & Performance Committee, the Council would continue to focus on those areas that could be improved. Initial feedback from the recent Audit of Best Value and Community Planning undertaken by Audit Scotland confirmed that effective governance and scrutiny arrangements along with strong political and managerial leadership had ensured good progress since the initial best value audit in 2005 In response to comments by Councillor Corrie McChord and Graham Reed, the Chief Executive agreed to take the performance report on the Capital Fund (Percentage of Budget Spent) to the Finance Review Group for more detailed consideration. Councillor Ian Brown reminded Members of the importance of being trained in the use of Covalent.


Decision The Council agreed:-

1. to approve the Stirling Council Annual Report 2010/11 for publication (as attached at Appendix 1 to the submitted report); and

2. to note that the public version would be published in the ‘Stirling’ magazine. (Reference: Report by Chief Executive dated 28 September 2011, submitted)

SC745 SENIOR MANAGEMENT OBJECTIVES On 22 August 2011 (SC727 refers) the Council had approved the Strategic Goal, Values and Strategic and Organisational Objectives for the Council to 2014. The Council had also noted that work was underway to translate the priorities into objectives for the Senior Management Team. Annex 1 to the report submitted by the Chief Executive set out the Senior Management Objectives for 2011/12. The “Strategic Priority Reference” column contained a reference to which strategic priority the Senior Management Objective was aligned with.

Services and senior management had confirmed the details of the actions that would be undertaken to progress the Objectives. In addition, discussion had taken place with the Chief Executive and with each of the Assistant Chief Executives to ensure that the Senior Management Objectives encapsulated the main areas of strategic activity that senior managers would be expected to deliver on this year.

Following approval by Council, the Senior Management Objectives would be uploaded onto Covalent. The Objectives would become the subject of ongoing monitoring through the 1:1 process between senior managers and the Chief Executive. Progress would also be regularly reported to Members and to the public through the quarterly performance report to the Service Delivery & Performance Committee. Decision The Council agreed to approve the Senior Management Objectives for 2011/12. (Reference: Report by Chief Executive dated 28 September 2011, submitted)

SC746 BUDGET STRATEGY 2012/13 TO 2014/15: MEDIUM TERM FINANCIAL PLANNING AND MANAGEMENT FRAMEWORK The Council had approved a budget for 2011/12 on 17 February 2011, as a one year only budget. The Council had not been presented with budget figures for the years beyond 2011/12, as the absence of any government grant figures for 2012/13 and beyond would make the setting of even provisional budgets figures for those years subject to change.


A report submitted by the Chief Executive developed the budget strategy assumptions for 2012/13 to 2014/15, and set out a provisional strategy based on the information contained in the Cabinet Secretary for Finance and Sustainable Growth’s Scottish Budget announcement on 21 September 2011. During the debate. Members commented on:-

• The long term sustainability of Change Funds • The affordability of a Council Tax freeze • The need for a national debate on the future of local government finance

Decision The Council agreed:- 1. to note the contents of the submitted report, and in particular the key

assumptions to be considered in developing the budget strategy for 2012/13 to 2014/15; and

2. to note that further updates on the strategy would come forward for consideration in the first instance by the Finance Review Group as updated information on the key assumptions became available, in particular the announcement of the Local Government Finance Settlement in December, and that the strategy would be subsequently reported to the Council as it developed.

(Reference: Report by Chief Executive dated 26 September 2011, submitted)

SC747 OFFICE REVIEW PROGRESS UPDATE - MEDIUM TERM FINANCIAL PLANNING

AND MANAGEMENT FRAMEWORK: ASSET UTILISATION WORKSTREAM The Council had previously agreed to move to a central office accommodation plan based on Old Viewforth, the Municipal Buildings and the College Building on Kerse Road, plus Wolfcraig if required. New Viewforth and Drummond House were to be vacated in 2013. With the Kerse Road building now purchased, plans for required works to this building as well as Municipal Buildings and Old Viewforth were detailed. In particular, the option to relocate the democratic core of the Council to the Municipal Buildings was considered and discounted. Following further work by the project team, the annual revenue savings arising from the project from 2014/15 onwards had been recalculated at £457K per annum against a previously reported savings figure of £484K per annum. Costs in the intervening years had also been recalculated. The capital expenditure required to carry the project through to 2014/15 was estimated at £8.254M of which £2.283M had already been spent on the acquisition of Kerse Road. A request was made to adjust the prudential borrowing element of the capital programme to reflect this. The loans charges arising from the capital spend had been reflected in full in the affordability analysis. The success of the project was dependent on a change in the workstyles of the Council’s workforce, with a move towards flexible, mobile and home-working which


would involve a move away from one desk space per person. The Council Management Team had committed to delivering the change in workstyles across all service areas. The Head of Corporate Projects Implementation agreed to check whether the new facilities would include video conferencing and advise Councillor Graham Reed accordingly. In response to a question by Councillor Scott Farmer regarding employee consultation, he advised that an email regarding the proposed arrangements had been sent out yesterday to all employees and a series of briefings would be held during October. Decision The Council agreed:- 1. to approve an amendment to the prudential borrowing element of the capital

programme for this project for 2011/12 to 2013/14 from £5.785M to £8.254M to reflect the capital expenditure requirements of the project;

2. to note the proposed content of works to the Municipal Buildings, Old Viewforth and Kerse Road and in particular that this would involve the democratic core of the Council remaining at Old Viewforth rather than being relocated to the Municipal Buildings; and

3. to note that, if required, a further report would be brought to Council in the near future with further details on the allocation of space to Services across the buildings.

(Reference: Report by Head of Corporate Projects Implementation dated 26 September 2011, submitted)

SC748 INCOME FEES & CHARGES WORKSTREAM – REVISED CHARGES - MEDIUM TERM FINANCIAL PLANNING AND MANAGEMENT FRAMEWORK The Council levied charges for a number of its services. Some were set externally or were governed by specific guidelines. Some services were specifically non-chargeable. For the remainder, the Council had the discretion to determine whether to charge and if so, at what level. The Council’s Medium Term Financial Planning and Management Framework had identified Income, Fees & Charges as an opportunity to address some of the Council’s financial pressures. A target of £2M over the 3 year planning period was set, to be generated from a combination of new or increased charges and new, commercial, income generating services. In June 2010 (SC568 refers), the Council had agreed to adopt a cost and policy based approach to the setting of fees and charges. In March 2011 (SC666 refers), the Council had provisionally allocated 117 services to external customers to one of four categories – No Charge (34), Subsidised (17), Full Cost Recovery (53) or Income Generating (13) – and agreed that costing work be undertaken to allow new cost based charges to be calculated. A report submitted by the Assistant Chief


Executive (Sustainability, Economy & Environment) set out the results of that work for the first batch of 11 service groups. The analysis of these services indicated potential additional income of up to £378K could be achieved if charges were based on full cost recovery. Confirmation of levels of subsidies proposed at Council in March would reduce that amount. Changes to charging category or phased introduction of any increased charges would further alter the potential additional income that may be achieved. The report recommended that the appropriate charges for the specified services be determined by resolution. The Administration’s Resolution had been circulated to Members shortly before the meeting. The Assistant Chief Executive (Sustainability, Economy & Environment) agreed to ascertain why the cost of a woodland burial was higher than that for a traditional burial and advise Councillor Colin O’Brien accordingly. Motion “That the Council agrees to the proposed charges as set out in the revised Appendix 1 (as circulated) to be implemented where practicable from 1 November 2011.” Moved by Councillor Scott Farmer, seconded by Councillor Graham Houston Amendment “That the Council agrees to continue consideration of this matter until its December meeting to allow sufficient time for detailed analysis of the Administration’s Resolution.” Moved by Councillor Corrie McChord, seconded by Councillor John Hendry The Council agreed that the vote be taken by show of hands. The vote on the Amendment was as follows: For - 13 Against - 7 Not Voting 1 The Amendment was carried by 13 votes to 7, with 1 Member not voting, and became the Substantive Motion. Decision The Substantive Motion was carried unanimously, without the need for a further vote, and accordingly the Council agreed to continue consideration of this matter until its December meeting to allow sufficient time for detailed analysis of the Administration’s Resolution. (Reference: Report by Assistant Chief Executive (Sustainability, Economy & Environment), dated 26 September 2011, submitted)


SC749 STIRLING COUNCIL AUDITED ACCOUNTS 2010/11

The Council’s External Auditors, Audit Scotland, had certified Stirling Council’s Accounts for the year to 31 March 2011. In accordance with the requirements of the Local Authority Accounts (Scotland) Regulations 1985, the Accounts required to be formally presented to Members of the Council. A report submitted by the Head of Governance & Resources outlined the key features of the financial position displayed in the 2010/11 Audited Accounts, and it was pleasing to note that there were no qualifications to the Independent Auditor’s Report. Copies of the accounts and a summary of audit matters had been distributed to Members prior to the Council meeting. Following the meeting, arrangements would be made for the accounts to be placed on the Council’s website for viewing by interested organisations and the general public. The Auditor’s Final Report on the Accounts would be prepared during October and would be presented to the Governance & Audit Committee on 8 November 2011 and Council on 1 December 2011. Decision The Council agreed:- 1. to note the Annual Accounts in respect of Stirling Council for the year ended

31 March 2011;

2. to note that the Audited Accounts for 2010/11 represented the first set of fully compliant International Financial Reporting Standards accounts; and

3. to note that the Auditor’s Final Report on the Accounts would be presented to the Governance & Audit Committee on 8 November and full Council on 1 December 2011.

(Reference: Report by Head of Governance & Resources dated 27 September 2011, submitted)

SC750 TREASURY MANAGEMENT FINANCIAL STRATEGY UPDATE 2011/12 A report submitted by the Head of Governance & Resources provided an update on Treasury Management activities and strategy for the current financial year 2011/12. It was noted that this report had been fully discussed at Finance Review Group and Governance & Audit Committee and that a briefing note had been circulated to Members. Decision The Council agreed to note the Treasury Management activities and strategy for 2011/12 as outlined in the submitted report.


(Reference: Report by Head of Governance and Resources dated September 2011, submitted)

SC751 STIRLING - GALWAY INTERNATIONAL PARTNERSHIP On 30 August 2011 (PV137 refers) the Provost’s Panel considered an invitation from Galway City Council to develop an international partnership between Stirling Council and Galway City Council.

At its meeting held on 13 June 2011, Galway City Council had taken a decision “to initiate and proclaim a cultural agreement in Arts, Community and Sports with the historic city of Stirling, Scotland”.

The Provost’s Panel agreed to recommend to Council that such a partnership be developed. Decision It was agreed that an international partnership be developed between Stirling Council and Galway City Council.

(Reference: Report by Head of Governance & Resources dated 5 September 2011 submitted)

SC752 SCOTTISH VETERANS CHARTER Prior to the last Scottish Parliamentary election, the Convener of the Scottish Parliament Cross-Party Group on Supporting Veterans had launched a campaign for the adoption of a Veterans Charter, which was set out at Appendix 1 to a report submitted by the Head of Governance & Resources.

The Charter recognised that in return for the sacrifices that Service personnel made, public bodies in Scotland had an obligation to recognise that contribution, and to retain a long-term duty of care toward veterans, their families and carers.

Veterans Scotland was currently promoting the Charter and it was hoped that the Charter would be adopted across the whole of Government and other public bodies in Scotland.

The Council was asked to consider adopting the Scottish Veterans Charter.

Decision The Council agreed to adopt the Scottish Veterans Charter attached at Appendix 1 to the submitted report.

(Reference: Report by Head of Governance & Resources dated 5 September 2011, submitted)


SC753 ESTABLISHMENT OF THE GUARDIANS OF SCOTLAND CHARITABLE TRUST

In response to a Motion made in terms of Standing Order 16 at its Meeting on 17 March 2011 (SC674b refers), Stirling Council resolved to establish a charity for the purpose of fundraising and thereafter procuring the construction of a monument to honour Andrew de Moray and William Wallace.

The Council had instructed the Provost’s Panel to report back with proposed arrangements for the establishment of The Charity to the first Council meeting after the Summer recess.

A joint report submitted by Heads of Governance & Resources and Employment, Communities & Youth set out:- (a) the application process for establishing a Scottish charity and sought approval

of the terms of the draft Deed of Trust for the establishment of the Guardians of Scotland Charity annexed as Appendix 1; and

(b) the identity of various parties proposed by the Provost’s Panel as Charity

Trustees and the outcome of discussions with them in relation to their willingness to serve as a Charity Trustee of the Guardians of Scotland Charity.

The report recommended the appointment of one Elected Member of the Council as a Charity Trustee, in addition to the Provost who would be appointed as a Charity Trustee ex officio. Councillor Graham Houston, seconded by Councillor Scott Farmer nominated Councillor Steven Paterson. There were no other nominations. Decision The Council agreed:- 1. to approve the draft Deed of Trust which had been completed in accordance

with the recommendations of the Provost’s Panel and was annexed as Appendix 1 to the submitted report;

2. to appoint as Charity Trustees those parties proposed by the Provost’s Panel at its meeting on 30 August 2011 and narrated in paragraph 3.11, including Councillor Steven Paterson as the Elected Member representative; and

3. note that the Charity Trustees would be required to:-

(a) complete and submit to the Office of the Scottish Charity Regulator an Application for Charitable Status and other supporting documentation including individual Declarations by the Charity Trustees confirming that they were not disqualified from serving as Charity Trustees; and

(b) apply to Her Majesty’s Revenue and Customs for tax relief, including if appropriate Gift Aid, once The Charity was entered onto the Scottish Charity Register.

(Reference: Joint Report by Heads of Governance & Resources and Employment, Communities & Youth undated, submitted)


SC754 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 at Appendix 2 to these Minutes. a. Remploy Factory

Motion “Council calls on the Westminster Government to continue to fund Remploy factories both locally and nationally. The current proposal to withdraw funding will result in people with disabilities and complex needs losing training facilities and the opportunity to get back into employment. The Motion further requests that Stirling Council support the local Remploy factory by assisting in the promotion of the factory through the business forum and other methods; offer support in procurement matters and further support them with providing work as allowed under European Legislation” Moved by Councillor Jim Thomson and seconded by Councillor Scott Farmer Decision The Motion was unanimously approved.

b. Service, Delivery & Performance Committee Motion “Council deplores the non-attendance of four portfolio holders at the meeting of SD&P committee on Tuesday 20 September 2011. Standing Orders clearly state that relevant Executive Members with Portfolio should attend Scrutiny Committee meetings to answer questions relating to items on the agenda. Portfolio holders are reminded of this requirement on the agenda that is issued to all Councillors. Council calls on the Administration to acknowledge the inconvenience caused by the absence of four portfolio holders at the said meeting and to give an undertaking to adhere to Standing Orders in the future.” Moved by Councillor Ian Brown and seconded by Councillor Graham Reed Amendment Councillor Graham Houston, seconded by Councillor Scott Farmer, moved the Direct Negative.


Suspension of Standing Orders

As it was nearing 10.00pm and Standing Order 35A stated that in the event that the business of the Council was not concluded by 10.00pm, the meeting would be adjourned until 10.00am the following day, Councillor Colin O’Brien,

seconded by Councillor Scott Farmer, proposed that the Council suspend Standing Orders to allow the meeting to continue until 10.30pm. It was

agreed that the vote would be taken by show of hands.

The vote on the proposed suspension of Standing Orders was as follows:

For - 16 Against - 3 Not Voting 2

There being 16 Members in favour of the suspension of Standing Orders, 3 against and 2 not voting, it was agreed that the meeting would continue until

10.30pm.

The debate on the Motion on the non attendance of portfolio holders at the Service Delivery & Performance Committee continued. In response to a proposal by Councillor Corrie McChord, Councillor Ian Brown agreed that the word “deplores” in his Motion be amended to read “is disappointed by”. Procedural Motion “That the question is now put to the vote.” Moved by Councillor Graham Houston, seconded by Councillor Scott Farmer It was agreed that the vote would be taken by show of hands. The vote on the Procedural Motion was as follows: For - 13 Against - 5 Not Voting 3 There being 13 Members in favour of the Procedural Motion, 5 against and 3 not voting, it was agreed that the question be now put to the vote. Councillor Graham Reed asked that his disappointment at not being allowed the opportunity to speak in support of the Motion he had seconded be recorded.


On the roll being called the Members present voted as follows:- For the Motion (14) Councillor Neil Benny Councillor Alistair Berrill Councillor Margaret Brisley Councillor Ian Brown Councillor Callum Campbell Councillor Tony Ffinch Councillor Colin Finlay Councillor David Goss Councillor John Hendry Councillor Corrie McChord Councillor Colin O’Brien Councillor Graham Reed Councillor Andrew Simpson Councillor Violet Weir Against the Motion (7) Councillor Scott Farmer Councillor Graham Houston Councillor Graham Lambie Councillor Alasdair MacPherson Councillor Steven Paterson Depute Convener Jim Thomson Provost Fergus Wood Decision The Motion was carried by 14 votes to 7, and accordingly the Council agreed that it was disappointed by the non-attendance of four Portfolio Holders at the meeting of Service Delivery & Performance Committee on Tuesday 20 September 2011.

Standing Orders clearly stated that relevant Executive Members with Portfolio should attend Scrutiny Committee meetings to answer questions relating to items on the agenda. Portfolio Holders were reminded of this requirement on the agenda that was issued to all Councillors. Council called on the Administration to acknowledge the inconvenience caused by the absence of four Portfolio Holders at the said meeting and to give an undertaking to adhere to Standing Orders in the future.

The Council resolved under Section 50A(4) of the Local Government (Scotland) Act 1973 that the public be excluded from the meeting for the following items of business on the grounds that they involved the disclosure of exempt information as defined in Paragraphs 6, 8 and 9, 9 and 8 respectively of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.


SC755 STIRLING DISTRICT TOURISM: STRATEGIC REVIEW

At its meeting on 17 March 2011 (SC680 refers), the Council had agreed that officers from Stirling Council and Stirling District Tourism would work to redefine a sustainable business plan, including investment needs and exploration of sinking fund model, for the Old Town Jail Visitor Attraction and the National Wallace Monument and that these business plans would be brought back to Governance & Audit Committee and Council in October 2011. The submitted report set out the progress that had been made to date. The Head of Employment, Communities & Youth agreed to provide the Provost with an update on the Breadalbane Folklore Centre outwith the meeting. Councillor Graham Reed asked that any discussions regarding the future of the Old Town Jail involve the 3 Ward Members. Decision The Council agreed to note the contents of the submitted report and instruct officers to bring a subsequent report for decision to Council in December 2011. (Reference: Report by Head of Employment, Communities & Youth undated, submitted)

SC756 DISPOSAL OF CITY OF STIRLING BUSINESS PARKS (INVESTMENTS) LIMITED City of Stirling Business Parks (Investments) Limited was a 50:50 joint venture company between the Council and SPC Group Limited, and was the successor company to the original Central Scotland Business Parks Limited that was set up between Central Regional Council and Scarborough in the mid-1990s. The company had disposed of a number of properties that were developed at Castle Business Park and Broadleys Business Park over the last 15-20 years, but now owned only one remaining property, Scotia House at Castle Business Park, as well as some small areas of common parts land, which had limited or no development value. This report sought approval for the sale of the Council’s share of the company to the other shareholder in the company, SPC Group. Details of the disposal were set out in the submitted report. Members asked questions about the common parts land and the valuation of the company.

As it was now 10.30pm, the Provost declared the meeting adjourned until 10.00am on Friday 7 October 2011

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APPENDIX 1 QUESTION 1 QUESTION FROM COUNCILLOR COLIN FINLAY FOR ANSWER BY THE PORTFOLIO HOLDER FOR EDUCATION AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 6 OCTOBER 2011.

QUESTION

With regards “Putting Learners at the Centre – Delivering our Ambitions for Post-16 Education”. Will the portfolio holder give an early outline on how the service will be responding to this consultation?

ANSWER With regards the Scottish Government consultation "Putting Learners at the Centre - Delivering our Ambitions for Post-16 Education": We agree with the paper that to give our young people the best start in adult life, quality learning provision within different sectors must be complemented by structures and support such that learners can move between sectors readily, from school into training, college, university or work. The programme of reform proposed in the paper does not extend to schools, where Curriculum for Excellence reforms are already well underway. The curricular responsibilities of schools with regard to preparing pupils for the world of work are set out clearly in the Curriculum for Excellence document Building the Curriculum 4: Skills for Learning Life and Work. However, the consultation paper's implications for schools and for the Education Service are clear: learners need access to information, advice and guidance to plan their transition into post-school learning and work; support mechanisms have to be clear and consistent across sectors; and clear progression routes between sectors requires clear communication with post-school learning providers. The Partnership Agreements between Stirling schools and Skills Development Scotland set the context for the provision of information, advice and guidance. Strategic planning to form a continuum of post-16 learning opportunities here in Stirling is manifest in the "Skills Pipeline" partnership approach to the planning of new provision. An approach to transitions from school, based on the principles of Getting It Right for Every Child, is being developed to improve the clarity and consistency of support mechanisms for every young person. We have requested that the consultation paper be an agenda item at the More Choices More Chances Partnership meeting scheduled for 18th October. We will contribute to any response prepared by the Partnership following the 18th October meeting, and will invite secondary schools to be involved in responding to those questions which are most relevant to pupils.


SUPPLEMENTARY QUESTION Could the Portfolio Holder provide me with feedback from the More Choices More Chances Partnership meeting scheduled for 18 October 2011. ANSWER All Members are welcome to attend.


QUESTION 2 QUESTION FROM COUNCILLOR VIOLET WEIR FOR ANSWER BY LEADER OF THE COUNCIL AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 6 OCTOBER 2011.

QUESTION

Has the Administration considered the possibility of setting up an arm’s length trust for Arts & Culture to capture and enhance a wider body of knowledge, commitment and expertise available within our Stirling communities?

ANSWER Officers have considered a range of options that would capture all the relevant knowledge and expertise desirable for the delivery of Art and Culture services in Stirling. The Administration has not reached any conclusions at this time SUPPLEMENTARY QUESTION Would the Leader of the Council consider setting up a cross party Steering Group to examine the options available? ANSWER The Administration is currently developing its thinking regarding the future delivery of Arts & Culture services in Stirling and that a report will be submitted to the Executive in due course.


QUESTION 3 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 6 OCTOBER 2011.

QUESTION

To ask the portfolio holder to confirm the arrangements in place for cutting bushes and long grass that encroach onto the core path leading from the thunder bridge in Wallace Park towards Fallin. This was until recently cut by the local farmer who was funded from a contract placed by Senior Access Officer, Environment Services. I understand that this funding has now ceased?

ANSWER The local farmer did cut back the vegetation along the core path and was paid for this work through a government scheme called the Land Management Contract Menu Scheme. Through the Scheme land managers (including farmers) were able to select various activities from a menu, for which they could receive funding. “Access” was one of the options from the menu. The land managers received pay direct from government and the Senior Access Officer had no direct involvement in making payments. As the local farmer has received payment for carrying out the work this section of the core path was not maintained by Stirling Council. The Land Management Contract Menu Scheme has now ended and the local farmer has ceased to carry out the vegetation clearance works. Environment Services will seek to carry out the vegetation clearance as part of its wider path vegetation clearance (on core paths) programme for 2012. SUPPLEMENTARY QUESTION It is important for health and wellbeing that we keep these paths open. Normally I would turn to the Countryside Rangers to step in but is it correct that they no longer have the tools to enable them to carry out this type of work and would need to hire them in? ANSWER This is an operational matter, but I’ll look into it and reply to Councillor Brown within the next few days.


QUESTION 4 QUESTION FROM COUNCILLOR COLIN O’BRIEN FOR ANSWER BY THE PORTFOLIO HOLDER FOR ENVIRONMENT AND SUSTAINABILITY AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 6 OCTOBER 2011.

QUESTION

The details now available of the Scottish Budget proposals published last month by the SNP Government show a further reduction in central support for rural transport. What is the Portfolio Holder's view of this proposal and how does he envisage these proposals might affect Stirling's rural communities?

ANSWER The Draft Scottish Budget outlines a number of changes to delivery of rural services. The transport budget for example adds £7M support for the development and delivery of concessionary travel schemes for older, disabled and young people, balanced against a reduction of £7M for Bus Service Operators’ Grants. My concern as portfolio holder is the impact of high fuel costs on rural communities and I would like to see the Westminster Government reduce fuel duty in our rural areas through a fuel duty regulator. SUPPLEMENTARY QUESTION The Portfolio Holder didn’t answer my original question. How does he feel about the proposal for a further reduction in central support for rural transport and how will this affect the people living in rural Stirlingshire? ANSWER The Scottish Government budget needs to be looked at as a whole. There is actually more money going back into the rural economy.


APPENDIX 2

MEETING of the STIRLING COUNCIL to be held in the COUNCIL CHAMBERS,

OLD VIEWFORTH, STIRLING on THURSDAY 6 OCTOBER 2011

Motions in terms of Standing Order 16

Information/advice from Officers

a. Remploy Factory Stirling Council were advised on 1 February 2011 by Job Centre Plus that an HR1 – advance notification of redundancies had been received from Remploy stating 46 redundancies in Stirling (also the same figure supplied for ‘total employees’). Potential redundancies were to take place between 25 April and 20 May 2011. The redundancy notification was part of a list of similar situations at various Remploy locations nationally and Stirling Council were advised not to make contact with Remploy - Stirling as this was being dealt with by PACE (Partnership Action for Continuing Employment) and Jobcentre Plus at a national level. Due to the client group that would be affected by any job loses, this was regarded as a highly sensitive HR1, particularly as there may be pressure on the company / UK Government for a change of mind, also it was not clear if the proposed redundancies were to be voluntary only or compulsory. It was agreed that PACE would not contact Remploy sites locally at this stage. PACE further advised:- • Remploy employs 3,000 + employees and it is looking to reduce staffing

levels across the company by 850 – 900. • No site closures are planned and it was unlikely that any one site would lose

more than 15 -20 staff. • The company was hoping to achieve reduction in numbers by voluntary

redundancy. • 7 March 2011 was the deadline date for expressions of interest in voluntary

severance. • 30 April 2011 staff were to be informed if their application for voluntary

severance had been successful. Jobcentre Plus nationally agreed to hold a meeting with Remploy in May 2011 to discuss support arrangements, when numbers and locations of redundancies would be known. (Note - Jobcentre Plus is the lead agency for engaging with Remploy because the company HQ is in England and the proposed redundancies were at sites not just in Scotland but across the whole of the UK).


In June 2011, Jobcentre Plus provided an update about support arrangements for Remploy employees. Jobcentre Plus and Remploy agreed to use Jobcentre Plus’s “Work Choice” programme as a support package for their redundant employees. Work Choice provides support for disabled clients to find employment.

Skills Development Scotland and Jobcentre Plus met with Remploy - Scotland and agreed the following:-

• 50 staff (throughout Scotland) will receive help through Work Choice – The PACE national team have arranged for PACE packs to be delivered to Remploy.

• 41 staff have indicated they don’t want Work Choice support at present – PACE support letter reviewed and will be distributed to staff by Remploy.

• 5-6 Managers who are receiving outplacement support from Penna (HR Consultancy), with PACE support is there to enhance Penna's service if required.

In addition to the above individuals can also contact Skills Development Scotland to access alternative 1:1 services - there are no figures of how many employees took up this option.

Since the correspondence/meetings in May/June there has been no further contact from Jobcentre Plus to the PACE National Team. It has not been possible to obtain from Jobcentre Plus a breakdown of the Remploy redundancies in Scotland. Since June information about possible further Remploy redundancies in Scotland /elsewhere in the UK has appeared in various media, however there has been no official notification of any new proposals that will impact on Remploy staffing levels, therefore any media reports are just speculation at this stage. In terms of support from Stirling Council to Remploy – Stirling, the Council can engage with local Remploy factory to provide goods or services, provided these are competitively procured. In this respect, depending on the status of the local factory, it may be possible to treat it as a supported business / reserved contract as permitted by European and Scottish procurement regulations (i.e. not submit the requirement to full competition provided the Council are satisfied that best value is being achieved). Stirling Council can also provide appropriate procurement advice and guidance to Remploy, provided this does not relate to a Council procurement process. Stirling Council recently joined the Supplier Development Programme (SDP). An element of the programme relates to the provision of procurement/commercial guidance, support and training to local companies, including:- - Awareness Session on Public Procurement - Policy Session (i.e. health & safety, environmental, discrimination, etc) - Request for Quotation & Tender Level 1 - Request for Quotation & Tender Level 2


A number of local organisations will be involved in the Supplier Development Programme, including Stirling, Clackmannanshire and Falkirk Councils and STEP. Remploy would be able to take advantage of the programme in addition to any support and guidance provided directly by Stirling Council. If Remploy joined / worked with the Supplier Development Programme they would gain much wider access to business opportunities across Scotland.


b. Service, Delivery & Performance Committee Stirling Council Standing Order paragraph 99 states "The relevant Executive Members with Portfolio should attend Scrutiny Committee meetings to answer questions relating to items on the agenda". A statement to this effect is printed on the Notice of Meeting of the Service Delivery & Performance Committee.

minutes of meeting of stirling council held in the council...

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