sc20161006

STIRLING COUNCIL

MINUTES of MEETING of STIRLING COUNCIL held in the COUNCIL CHAMBERS,
VIEWFORTH, STIRLING on THURSDAY 6 OCTOBER 2016 at 6.00 PM

 

Present:

Provost Mike ROBBINS (in the Chair)

 

Councillor Neil BENNY
Councillor Alistair BERRILL
Councillor Johanna BOYD
Councillor Margaret BRISLEY

Depute Convener Callum CAMPBELL
Councillor Martin EARL

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
Councillor Mark RUSKELL
Councillor Christine SIMPSON
Councillor Jim THOMSON
Councillor Violet WEIR
Councillor Fergus WOOD

 

In Attendance

 

Jim Boyle, Chief Officer – Finance, Localities & Infrastructure
Alastair Brown, Director of Localities & Infrastructure

Stacey Burlet, Director of Children, Communities & Enterprise
Stewart Carruth, Chief Executive

Michael Grassom, Service Manager – Children’s Services, Children, Communities & Enterprise

Kristine Johnson, Chief Officer – HR, Children, Communities & Enterprise
David McDougall, Committee Officer, Localities & Infrastructure

Alan Milliken, Senior Manager – Communities & People, Children, Communities & Enterprise


Kevin O’Kane, Service Manager – Audit, Localities & Infrastructure

Nicole Paterson, Senior Manager – Environment & Place, Localities & Infrastructure


Brian Roberts, Senior Manager – Infrastructure, Localities & Infrastructure

Kirsty Scott, Service Manager – Communications, Events & Public Affairs
Iain Strachan, Chief Officer – Governance, Localities & Infrastructure (Clerk)

 

Also In Attendance

Joanne Brown, External Auditor – Grant Thornton UK LLP

 

Announcements

Prior to the formal commencement of proceedings, the Provost welcomed Alastair Brown, the new Director of Localities and Infrastructure to his first meeting of Stirling Council.

 

The Provost also noted a fond farewell to Claire Dunbar, Committee Officer, who had recently left the Council after 29 years of public service. Councillor Corrie McChord noted his thanks to Claire on behalf of all the members, for her excellent contribution to the Council and the Committees over many years. Councillor Scott Farmer also noted his thanks and appreciation for Claire on behalf of the opposition group.

SC491 APOLOGIES

 

Apologies for absence were submitted on behalf of Councillor Alasdair MacPherson.

 

SC492 DECLARATIONS OF INTEREST

Councillor Neil Benny declared a financial interest in item 9 (Thinkwhere Limited – Appointment of Directors and Company Update).

 

Councillor Mark Ruskell declared a non-financial interest in item 15a (Motion – Deposit Return System) as a Member of the Scottish Parliament.

 

SC493 URGENT BUSINESS

There were no matters of urgent business.

 

SC494 MINUTES

 

  1. Meeting of Stirling Council – 30 June 2016

     

    The Minutes of the Meeting of Stirling Council held on 30 June 2016 were
    approved as a correct record of the proceedings.

     

  2. Local Review Body – 4 August 2016

     

    The Minutes of the Local Review Body held on 4 August 2016 were approved as a correct record of the proceedings.

     

  3. Local Review Body – 1 September 2016

     

    The Minutes of the Local Review Body held on 1 September 2016 were
    approved as a correct record of the proceedings.

     

  4. Local Review Body – 20 September 2016

     

    The Minutes of the Local Review Body held on 20 September 2016 were
    approved as a correct record of the proceedings.

     

  5. Appointments Panel – 25 August 2016

     

    The Minutes of the Appointments Panel held on 25 August 2016 were
    approved as a correct record of the proceedings.

  6. Appointments Panel – 1 September 2016

 

The Minutes of the Appointments Panel held on 1 September 2016 were
approved as a correct record of the proceedings.

SC495 WRITTEN QUESTIONS

 

Four written question had been received in terms of Standing Order 41. 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 are also included in Appendix 1.

 

SC496 QUESTION TIME

 

In terms of Standing Order 48, 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.

 

The following questions were put:-

 

Councillor Graham Lambie - Minutes of Meeting of Public Safety Committee
held on 17 May 2016 (PU212 Update - Smartwater Delivery Pilot)

 

The Convener of the Public Safety Committee confirmed that all members would be kept up to date with progress in further developing the Smartwater Initiative throughout the Stirling Council area.

 

Councillor Scott Farmer – Minutes of Meeting of Community Planning &
Regeneration Committee held on 30 June 2016 (SC479 – Question Time)

 

The Convener of the Community Planning & Regeneration Committee advised that he was aware of two areas that had been identified for the housing of Syrian Refugees so far. He noted the importance of maintaining the privacy of the refugees and advised that he was not aware of any issues of any specific areas being ruled out for possible housing of refugees.

 

Councillor Fergus Wood – Minutes of Meeting of Education Committee held on
18 August 2016 (ED211 – Mothballing of Trossachs Primary School)

 

Regarding the Mothballing of Trossachs Primary School report, the Convener of the Education Committee confirmed that the decision on whether or not to continue Mothballing the school would be taken in 2016/17 based on the circumstances at that time.

 

SC497 DISTRICT OF STIRLING LICENSING BOARD - VACANCY

 

The Chief Officer – Governance submitted a report that invited Council to make an appointment to fill a vacancy on the District of Stirling Licensing Board.

 

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”.

 

Responding to questions, the Chief Officer – Governance addressed concerns which were raised regarding the issuing of agendas and decision notices for the Licensing

Board. The Chief Officer – Governance confirmed that all agendas were publically available online via the Council website. In future all elected members would receive copies of Licensing Board agendas and he would liaise with the Convener of the Board about the sharing of decision notices.

 

The Chief Officer – Governance also confirmed that there were no concerns
regarding the lawfulness of the way the Licensing Board conducted itself.

 

No nominations were received.

 

Decision

A report inviting Council to make an appointment to fill the remaining vacancy on the District of Stirling Licensing Board would be included in the agenda for the next Council meeting and subsequent meetings until this appointment was agreed.

 

(Reference: Report by Chief Officer - Governance, dated 15 September 2016,
submitted)

 

SC498 PARENTAL APPEALS PANEL – CHANGE OF MEMBERSHIP MAKE-UP

 

The Chief Officer – Governance submitted a report that detailed the terms of the Education (Scotland) Act 1980 in which Council was required to set up an Appeals Committee to determine appeals from parents and young persons in relation to the refusal of placing requests and exclusions from school.

 

Parental Appeals Panel Placing Requests and Exclusion Appeals required to be
heard within 28 days of receipt of an Appeal request, however if a Panel could not be properly constituted then it could be held outwith the 28 days and as soon as reasonably practicable.

 

Following the Local Government Elections in 2007, the Council did not nominate Elected Members to serve on the Parental Appeals Panel until several weeks into the term of the Council, which resulted in a back-log of Appeals waiting to be determined.

 

Currently there was only one parent representative serving on the Parental Appeals Panel and due to personal circumstances they were unable to sit on any Panels until December 2016.

 

The report recommended temporarily changing the makeup of the Parental Appeals Panel to ensure the Panel could continue to operate until the above noted issues were resolved. The Chief Officer - Governance agreed that the changes would be for as brief a time as possible before reverting back to standard membership arrangements. He also agreed to provide Councillor Hayes with a note of the number of Parental Appeals Panels held during the term of the current Administration.

 

Decision

 

The Council agreed that:-

 

  1. the Parental Appeals Panel could be drawn from Education Experienced Persons and Elected Members, each Panel to comprise two of the former and one of the latter, until 5 December 2016 or if later until a suitable number of parent

    representatives was found to serve on the Parental Appeals Panel, after which the Panel would revert to the current standard membership arrangements; and

     

  2. following the Local Government Elections in May 2017, the Parental Appeals Panel could be drawn from a combination of Education Experienced Persons and Parent Representatives, should it be required, until such time as a suitable number of Elected Members could be nominated and trained to sit on the Panel.

 

(Reference: Report by Chief Officer – Governance, dated 15 September 2016,
submitted)

 

Councillor Neil Benny left the meeting.

 

SC499 THINKWHERE LIMITED – APPOINTMENT OF DIRECTORS AND COMPANY
UPDATE

 

The Chief Officer – Governance submitted a report providing an update on
thinkWhere Limited, one of the UK’s leading independent web mapping and GIS consultancies, with over 20 years’ experience providing solutions to public and commercial sector organisations across the UK.

 

Stirling Council and Falkirk Council were shareholders of thinkWhere. The main
purpose of the report was to seek the approval of the Council to the appointment/re- appointment of two directors to the Board of thinkWhere Limited. The report also provided an update on recent operational activity of the company.

 

Decision

 

The Council agreed to:-

 

  1. approve the re-appointment of Iain MacDougall as a Director of thinkWhere Limited for a further two years, with effect from 1 November 2016;

     

  2. approve the appointment of John Schmidt as a non-executive Director of
    thinkWhere Limited for a period of two years with immediate effect; and

     

  3. note the update in connection with the recent operational activity of the company, and that further updates would be provided to Finance & Economy Committee, with an update report on the company’s financial position being reported to the next meeting of that Committee.

 

(Reference: Report by Chief Officer – Governance, dated 28 October 2016,
submitted)

 

Councillor Neil Benny returned to the meeting.

 

SC500 STATUTORY REVIEW OF COUNCIL BYELAWS

 

The Chief Officer – Governance submitted a report advising of the duty of local
authorities to review any byelaws that they had enacted not later than 10 years from those byelaws coming into force, and thereafter carry out further reviews at least every 10 years. It was provided for in section 202A of the Local Government (Scotland) Act 1973. The purpose of the review was for the local authority to decide whether to retain, revoke or amend the byelaws in question.

 

The Council’s Employment of Children Byelaws, made under powers contained in sections 28(2) and 30(2) of the Children and Young Persons (Scotland) Act 1937, confirmed by the Scottish Ministers in October 2006, now required to be reviewed by the Council in terms of the above-mentioned provisions of the Local Government (Scotland) Act 1973. Officers recommend these byelaws were retained in their current form.

 

Officers were currently reviewing the possibility of a further extension to the Council’s Outdoor Drinking Byelaws. If there was a favourable consultation with local communities and Police Scotland, then it was anticipated a report would be brought to a forthcoming meeting of the Council, and possibly the December Council meeting, with a view to such an extension coming into force in mid/late Spring 2017.

 

Responding to questions, the Chief Officer – Governance confirmed that he would ensure appropriate communication was in place with Police Scotland to make them aware of the Council Byelaws given their role in enforcing them.

 

Decision

 

The Council agreed to:-

 

  1. retain the Employment of Children Byelaws in their current form; and

     

  2. note the possible extension of the Outdoor Drinking Byelaws to include Loch Earn, Lochearnhead, Balquhidder, Strathyre and Loch Lubnaig.

 

(Reference: Report by Chief Officer – Governance, dated 27 September 2016,
submitted)

 

SC501 AUDIT COMMITTEE ANNUAL REPORT 2015-16

 

The Chief Officer – Governance submitted the Audit Committee Annual Report for 2015-16 which had been presented to the Audit Committee on 1 September 2016.

 

The preparation of an Annual Report enabled the Audit Committee to meet best practice requirements set out in guidance titled ‘Audit Committees: Practical Guidance for Local Authorities and Police’ issued by the Chartered Institute of Public Finance and Accountancy (CIPFA) in 2013.

 

The Audit Committee Annual Report enabled the Audit Committee to meet CIPFA best practice requirements relating to accountability for the work of the Committee ‘to those charged with governance’, and to provide, at least annually, an assessment of the Committee’s performance in discharging its role and functions.

 

The Audit Committee Annual Report for 2015-16 was approved by the Audit
Committee on 1 September for submission to the Council. It was timed to support the Council’s consideration of the audited Annual Accounts, which were submitted as a separate agenda item at this meeting.

The Convener of the Audit Committee noted his thanks to the Audit Manager, Internal Audit team, the External Auditors – Grant Thornton and all the members of the Audit Committee for their hard work and contributions to the work of the Committee over the past year.

 

Decision

 

The Council agreed to consider and endorse the Audit Committee Annual Report 2015-16 noting specifically the Audit Committee Assurance Statements contained within the report at pages 12 and 13.

 

(Reference: Report by Chief Officer – Governance, dated 14 September 2016,
submitted)

 

SC502 STIRLING COUNCIL AUDITED ACCOUNTS 2015/16

 

The Council’s External Auditors, Grant Thornton, had certified Stirling Council’s
Accounts for the year to 31 March 2016.

 

The Audit Committee meeting of 1 September 2016 approved for signature the audited Accounts of Stirling Council for the year ended 31 March 2016 in line with the requirements of the Local Authority Accounts (Scotland) Regulations 2014.

 

The report by the Chief Officer - Finance outlined the key features of the financial position displayed in the 2015/16 Audited Accounts and it was noted that there were no qualifications to the Independent Auditor’s Report. The Auditor’s Final Report on the Accounts was the subject of a separate report on the Council agenda.

 

A copy of the Stirling Council Abstract of Accounts 2015/16 had been placed on the public website at http://my.stirling.gov.uk/services/council-and-government/council-information-performance-and-statistics/annual-accounts?theme=MyStirling

 

The Chief Officer – Finance responded to questions regarding planned changes to the Council Tax system.

 

Decision

 

The Council agreed:-

 

1. to note the Annual Accounts in respect of Stirling Council for the year ended 31 March 2016.

 

(Reference: Report by Chief Officer – Finance, dated 23 September 2016,
submitted)

 

SC503 EXTERNAL AUDIT ANNUAL REPORT TO THOSE CHARGED WITH AND THE CONTROLLER OF AUDIT FOR FINANCIAL

YEAR ENDED 31 MARCH 2016

 

The annual report to those charged with governance and the controller of audit summarised the findings from the external audit work for the financial year ended 31 March 2016. The Code of Audit Practice highlighted that external auditors in the public sector were required to plan and undertake the audit to provide assurance on the financial statements, governance arrangements and best value, use of resources and performance (wider scope requirements).

 

The Council was required to provide a letter of representation to the External Auditor as part of its audit procedures before the financial statements were signed. A draft letter for approval had been presented in the appendices and would be signed by the Council’s Chief Officer – Finance, as S95 Officer.

 

The Convener of the Audit Committee thanked the External Auditor for their work and their patience during their term as the Council’s External Auditor, which was coming to a close. He confirmed that the recommendations contained within the External Auditors report were being actioned and that discussions had already taken place regarding the future presentation of reports and comprehensive training for members going forward.

 

Discussion took place regarding the governance arrangements and composition of the Stirling and Clackmannanshire Integration Joint Board (IJB).

 

Decision

 

The Council agreed to:-

 

  1. note the content of the Annual Audit Report;

     

  2. note the recommendations made within Appendix B to the report and the officers' planned response; and

     

  3. approve the content of the letter of representation.

 

(Reference: Report by External Audit, dated 25 August 2016, submitted)

 

SC504 STIRLING’S CITY DEAL UPDATE

 

The Director of Children, Communities & Enterprise submitted a report providing an update on Stirling’s City Deal. In June 2016, a report went to Council outlining progress towards a City Deal for Stirling. The current report provided a further update on that progress, focussing particularly on the 2016/17 capital spend on projects and on the ongoing marketing and communications activity around the programme.

 

Since the June update, Council officers had continued to communicate with civil servants of both Scottish and UK Governments on the detail of the business cases. The quality and deliverability of the business cases had been commended by both.

 

Lobbying continued for Stirling’s City Deal to raise the profile of Stirling’s bid and to gain widespread support for the City Deal Programme. It included a cross party delegation visiting Westminster in September to discuss the bid with Scotland Office Ministers. As a further part of this lobbying a parliamentary reception was planned to take place at the Scottish Parliament on 29 November 2016.

 

A significant communications campaign to raise the profile of Stirling’s bid, locally nationally and internationally, had been running alongside this activity to ensure the widest possible awareness and support was gained for Stirling’s bid.

The Leader of the Council advised that she had been in regular contact with the Leader of Clackmannanshire Council who were in the very early stages of developing their own business cases towards a City Deal. A request had been submitted from Stirling and Clackmannanshire to jointly meet with the Scottish Government.

 

Responding to a question, the Senior Manager – Infrastructure advised that exact building locations for the rural digital smart screens, noted at 3.6 within the report, had not yet been confirmed. As soon as these locations were confirmed the information would be shared with elected members, community councils and local businesses and organisations.

 

Discussion took place regarding the recent news of HSBC job losses. There was also discussion regarding the potential future use of Falleninch Field which was used to host the National Armed Forces Day event in 2014.

 

Decision

 

The Council agreed to note progress on Stirling’s City Deal Programme in relation to the capital spend programme for 2016/17 and communications activity.

 

(Reference: Report by Director of Children, Communities & Enterprise, dated 28 September 2016, submitted)

 

SC505 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.

 

  1. Deposit Return System
    Motion

    “Stirling Council notes that considerable efforts have been made both by this Council and others across Scotland to tackle litter, improve recycling, and reduce waste, but that there is still significant room for improvement in these areas;

     

    • that the Scottish Government has recently consulted on the introduction of a deposit return system for single-use drinks containers;

       

    • that well-designed deposit return systems have achieved return rates of around 95% in Norway, the Netherlands, and Michigan and between 84% to 99% in Sweden;

       

    • that a recent report commissioned by Zero Waste Scotland indicated that a deposit return system for Scotland could save local authorities £13m annuallyon litter and waste costs;

       

    • that the same report noted that additional work should be done to
      determine how a deposit return system could work most effectively in Scotland alongside the services provided by local authorities.

       

      Council agrees to send a letter from the Council Leader to the Cabinet Secretary for Environment, Climate Change and Land Reform, supporting the principle of a deposit return system for Scotland, and urging her to involve local authorities in the design of a system which works efficiently alongside local authority waste management services;

       

      Further agrees to work with other Scottish local Authorities as appropriate to support a well-designed deposit return system, prioritising a reduction in littering, improvements to recycling rates, ease of use for consumers and small businesses, reduction in the volume of household and waste collection from
      public bins, and the delivery of the costs savings to local taxpayers.”

       

      Moved by Councillor Mark Ruskell, seconded by Councillor Gerry McLaughlan

       

      Amendment

       

      Council agrees to ask officers to bring forward a report in respect of the introduction of a Deposit Return System to the Environment & Housing Committee.

       

      Moved by Councillor Danny Gibson, seconded by Councillor Neil Benny On the roll being called the Members present voted as follows:-

      For 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

       

      Against the Amendment (8)

       

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

       

      Not Voting in respect of the Amendment (1)

       

      Councillor Mark Ruskell

       

      Decision

      The Amendment was carried by 12 votes to 8 and became the Substantive Motion.

       

      The Substantive Motion was agreed unanimously without the need for a roll call vote and accordingly the Council agreed to ask officers to bring forward a report in respect of the introduction of a Deposit Return System to the Environment & Housing Committee.

       

  2. Nuclear Convoys
    Motion

    “Council reaffirms its commitment to have the Stirling Council area designated a nuclear free zone and its opposition to the transportation of nuclear weapons on our roads and rail networks, on moral and safety grounds and commit to raising awareness of the risks to the public.

     

    Council further commits to

     

    • The Council Leader writing to the UK Ministry of Defence opposing the renewal of Trident nuclear weapons.

       

    • Carrying out a risk assessment of the transportation of nuclear weapons in the Stirling council area, in terms of the Civil Contingencies (2004) Act.”

       

      Moved by Councillor Jim Thomson, seconded by Councillor Scott Farmer

       

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

       

      Amendment

       

      (To replace the Motion in its entirety)

       

      “Council reaffirms our commitment to Mayors for Peace which exists to “raise international public awareness about the need to abolish nuclear weapons, contribute to world peace by working to eliminate starvation and poverty, support human rights, protect the environment, and solve problems that threatened peaceful coexistence between families.”

       

      Council calls on the Scottish Government through its Resilience Division to seek the undertaking of any such risk assessments as may be required in cooperation with the UK MOD and all local authorities through which nuclear convoys travel.”

       

      Moved by Councillor Johanna Boyd, seconded by Councillor Danny Gibson

       

      At 7.25pm Council agreed to adjourn for a 5 minute break
      to allow members to consider the Amendment

       

      Council re-convened at 7.30pm

       

      Revised Motion

      (To replace the original Motion and Amendment)

       

      “Council reaffirms its commitment to have the Stirling Council area designated a nuclear free zone and its opposition to the transportation of nuclear weapons on our roads and rail networks, on moral and safety grounds.

       

      Council reaffirms our commitment to Mayors for Peace which exists to “raise international public awareness about the need to abolish nuclear weapons, contribute to world peace by working to eliminate starvation and poverty, support human rights, protect the environment, and solve problems that threatened peaceful coexistence between families.”

       

      Council calls on the Scottish Government through its Resilience Division to seek the undertaking of any such risk assessments as may be required in cooperation with the UK MOD and all local authorities through which nuclear convoys travel.”

       

      Moved by Councillor Johanna Boyd, seconded by Councillor Scott Farmer

       

      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 Revised 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 Revised Motion (4)

       

      Councillor Neil Benny
      CouncillorAlistair Berrill

      Depute Convener Callum Campbell
      Councillor Martin Earl

       

      Decision

       

      The Revised Motion was carried by 17 votes to 4 and accordingly the Council reaffirmed its commitment to have the Stirling Council area designated a nuclear

      free zone and its opposition to the transportation of nuclear weapons on our roads and rail networks, on moral and safety grounds.

       

      Council reaffirmed its commitment to Mayors for Peace which existed to “raise international public awareness about the need to abolish nuclear weapons, contribute to world peace by working to eliminate starvation and poverty, support human rights, protect the environment, and solve problems that threatened peaceful coexistence between families.”

       

      Council called on the Scottish Government through its Resilience Division to seek the undertaking of any such risk assessments as may be required in cooperation with the UK MOD and all local authorities through which nuclear convoys travelled.

       

  3. The delivery of the new Cowie Nursery provision, the new St. Margaret’s
    Primary and community facilities for the people of Cowie

 

Motion

 

“Council acknowledges the excellent work by officers from various departments within the Council in ensuring the delivery of the new Cowie Nursery provision, the new St. Margaret’s Primary School and community facilities for the people of Cowie within the desired timescale.

 

This was delivered through much community consultation and took on board the wishes of the community. The same excellent work is going on to provide the new St. Ninians Primary school that will be completed within the expected
timescale.

 

The children from both communities will reap the benefit of first class learning and teaching environments.”

 

Signed by Councillor Margaret Brisley and Councillor Alistair Berrill

 

Decision

 

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

 

The Convener closed the meeting at 7.40 pm

Appendix 1

 

QUESTION FROM COUNCILLOR ALYCIA HAYES FOR ANSWER BY CONVENER OF
THE EDUCATION COMMITTEE AT THE FULL COUNCIL MEETING TO BE HELD ON
THURSDAY 6 OCTOBER 2016.

 

QUESTION

 

Can the convenor confirm that the full allocation of Scottish Government financial allocation for 600 hours early learning/childcare provision has been fully utilised?

 

Answer

 

Stirling Council was well positioned to support the initial roll-out of 600 hours early learning and childcare in August 2014, as a result of the Council’s previous investment in standalone nurseries from 2000.

 

There was a phased plan of increased support in our nursery classes during the first two years of the initial roll-out of 600 hours early learning and childcare.

 

Funding was also used to enhance the learning environment in all nurseries. These developments have been showcased on the Education Scotland National Improvement Hub as an example of excellent practice. The impact of the development of learning environments has also resulted in an improvement in the evaluations awarded by the Care Inspectorate in Stirling’s nurseries.

 

The underspends in 2014/15 and 2015/16 were included in the service outturn, and supported the Council’s revenue balances.

 

The budget is fully committed for 2016/17, with the continued roll-out in nursery classes to provide flexibility in accessing 600 hours, as well as the new Cowie Nursery, which opened in August 2016.

 

All nurseries now also offer flexibility in the delivery of 600 hours early learning and childcare. Parents and carers can choose morning or afternoon sessions, or a mixture of both, as well as full days.

 

Supplementary Question and Answer

 

Councillor Hayes requested information on the number of families that had been unable to access their free hours due to a lack of provision. The Convener of the Education Committee agreed to provide Councillor Hayes with the number of families (if any) who were unable to access free hours due to lack of provision.

QUESTION FROM COUNCILLOR JIM THOMSON FOR ANSWER BY CONVENER OF
THE ENVIRONMENT & HOUSING COMMITTEE AT THE FULL COUNCIL MEETING TO
BE HELD ON THURSDAY 6 OCTOBER 2016.

 

QUESTION

 

Can the Convenor tell me what consultation has taken place with local communities in regard to locating cycle parking hubs at places like Causewayhead Roundabout, St Ninian’s Toll and Park Crescent?

 

Answer

 

It was felt that no community consultation was necessary on this occasion because Nextbike stations have specific location requirements which fit with the Council’s land ownership and Nextbike’s criteria of a highly public location, therefore the new sites were chosen by the Sustainability team following discussion between the Council, Nextbike and Forth Environments link who are leading the project.

 

The Bridge of Allan Nextbike location was consulted on as this was part of a wider project at the railway station. The Community Council had been working with Scotrail to get the electricity substation and surrounding areas improved. They are also involved with the community rail partnership. It was during this discussion that the community council asked if the community council could themselves consult the community about the second Bridge of Allan location. This was agreed and the community council did all the consultation work.

 

A promotional campaign will begin shortly to encourage the public to use the expanded NextBike scheme.

 

Supplementary Question and Answer

 

Councillor Thomson advised that he had no issue with the cycle parking hubs, but asked if in future local communities could be made aware when work was being undertaken. The Convener of the Environment & Housing Committee advised that the priority had been to identify appropriate, visible and secure locations for the hubs, however he would feed back to appropriate officers about improving the communication with local communities in future.

QUESTION FROM COUNCILLOR SCOTT FARMER FOR ANSWER BY CONVENER OF
THE ENVIRONMENT & HOUSING COMMITTEE AT THE FULL COUNCIL MEETING TO
BE HELD ON THURSDAY 6 OCTOBER 2016.

 

QUESTION

 

Can the Convenor explain why he agreed to implement the new collection system without adequate resource?

 

Answer

 

This was not the case. Stirling Council decided to implement the new collection system with adequate resource.

 

Planning for the implementation of the Waste ADM began approximately 18 months ago and included development of a new collection model, investment in a new fleet of vehicles, changes to working practices, 7 day working and operational roll out of 82,000 bins. This model encourages more efficient working practices, reducing operating costs as well as reducing waste sent to landfill by improving participation in recycling.

 

Five months prior to the rollout, the service undertook a full communications campaign to promote the changes to the collection model. This included a series of roadshows attended by 1317 residents across the Stirling area, distribution of an introductory leaflet to every household, the development of promotional posters, as well as advertising on vehicles, social media, newspapers/magazines and the Council’s website. A full service guide and
collection calendar will be received at the same time as bin delivery. Since planning stage, we have liaised with and sought advice from other services within the Council including the Corporate Communications and Design Team and Contact Centre. A full survey of all flatted properties was also carried out to determine capacity to accommodate the improved collection system.

 

Supplementary Question and Answer

 

Councillor Farmer thanked the Convener of Environment & Housing for the response but advised that he felt there had not been appropriate resource as there had not been enough new bins initially. He also felt unnecessary reputational damage had been caused to the Council through the handling of the rollout of the new system. He asked the Convener to clarify when the new refuse collection trucks would be arriving.

 

The Convener of the Environment & Housing Committee advised of his disappointment that a sub-contractor had let the Council down in terms of the distribution of the new bins, however he was extremely proud of the Council staff who had put in so much effort to make the rollout a success. He advised that the new refuse collection trucks had now been received and were down at the depot ready to be deployed. Additional trucks would be arriving in December to provide additional resource.

QUESTION FROM COUNCILLOR GERRY MCLAUGHLAN FOR ANSWER BY
CONVENER OF THE FINANCE & ECONOMY COMMITTEE AT THE FULL COUNCIL
MEETING TO BE HELD ON THURSDAY 6 OCTOBER 2016.

 

QUESTION

 

Of the £7.3m priority based budget savings identified in this Council's current budget: What is the current year end forecast to achieve these savings?

 

Answer

 

As was reported to the Finance and Economy Committee on the 20 September current savings forecast from existing options is £6,600,000. The £700,000 shortfall is being met through the alternative operational savings.

 

I would refer members to the full report on the 20 September. Finance & Economy Committee continues to monitor and scrutinize the performance of management on the delivery of Priority Based Budget options approved by the Council. I retain confidence in management’s ability to deliver on the budget.

 

Supplementary Question and Answer

 

Councillor McLaughlan noted that 25% of the PBB savings were to be made through three options: Review of Community and Customer Access; Commercial Excellence Programme; and Alternative Delivery Model for Waste Services. However he noted that the first two options required investment of £1.9 million in new software upgrades. He asked the Convener to clarify this.

 

The Convener of the Finance & Economy Committee advised that the savings for the three options mentioned were over a number of years. In relation to the acquisition of the new software he advised that the Council had expressed concern about this and had asked officers to go back and look at this again, which is why one of the options will not achieve the saving. The Convener advised he was happy to have further detailed discussions about this
issue offline.

Appendix 2

 

MEETING of the STIRLING COUNCIL to be held in the COUNCIL CHAMBERS,
OLD VIEWFORTH, STIRLING on THURSDAY 6 OCTOBER 2016

 

Motions in Terms of Standing Order 16
Information/Advice from Officers

  1. Deposit Return System

     

    The concept of Deposit Return System (DRS) is sound in principle. However, as the summary Zero Waste Scotland report acknowledges, the ultimate system would be one that the public would use on a daily basis, and therefore comprehensive public consultation should be considered in informing the design and delivery mechanism at the earliest possible stage, were its introduction to be considered by the Council.

     

    It is also important to ensure that negative unintended consequences are not created with the introduction of a DRS. With the return of plastic and glass beverage containers back to retailers, this would result in a reduction of materials from the kerbside collections. It should be noted, that plastics and glass provide a reasonable income for Waste Services and this would be reduced / lost with the DRS, resulting in higher
    collection costs and reduced recycling rates. With the removal of high grade plastics it would be anticipated our processors would also increase their gate fees to compensate for the loss of the higher value material. As such, it would be vital that detailed cost benefit analysis had been undertaken, and the results assessed, before any such system
    was introduced. It is also anticipated that a DRS would have marginal effect on littering, but the vast majority of litter would be left in place as the behaviours of litterers would not be affected.

  2. Nuclear Convoys

 

As regards the Council previously having given a commitment to oppose nuclear weapons, it is understood that the Council made the decision, in 2006, not to renew its commitment of funding to the Nuclear Free Local Authorities. However, in May 2011 the Council joined the Mayors of Peace organisation. Mayors of Peace, which was established in 1982 by Mayor Takeshi Araki of Hiroshima, proposed solidarity of Cities toward the Total abolition of Nuclear Weapons, and offered cities a way to transcend national borders and work together to press for nuclear abolition.

 

This motion proposes, amongst other matters, that the Council carries out a risk assessment of the transportation of nuclear weapons in the Council area, in terms of the Civil Contingencies Act 2004. For the reasons set out in this advice, it is considered that it would not be competent for the Council to conduct a formal risk assessment in respect of this matter, and that the assessment which has been carried out to date is sufficient in terms of the Civil Contingencies Act 2004.

 

In terms of the Civil Contingencies Act 2004, and the Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005 (together the “2004 Act”), the Council is under certain statutory duties. These include a duty to, from time to time, assess the risk of an emergency occurring in respect of the area in which it exercises its functions. However, such a risk assessment will only be necessary if, in essence, (i) the emergency would be likely seriously to obstruct the performance of its functions or (ii) it is likely the Council would consider it necessary or desirable to take action to prevent the emergency or to mitigate its effects and would be unable to take that action without
changing the deployment of resources.

 

The official public information that is available in respect of the transportation of such materials is contained within the Local Authority and Emergency Services Information publication, which is produced by the Ministry of Defence (MOD). A link to the latest version (August 2014) can be accessed via this link:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/361976/LA ESI_10.pdf

 

The publication sets out in some detail the measures which the MOD uses to prevent any issues arising in relation to the transportation of these materials. This includes the use of specialist equipment, which has been subjected to high levels of testing, including the containers being tested against Atomic Energy Agency standards for abnormal environments, and such movements being carried out by specially trained personnel, including a first aid team, fire fighters, mechanics to enable roadside repairs, and personnel equipped to monitor for radiological hazards. When in transit the convoys also maintain contact with the Joint Operations Centre and Police Scotland. The convoys are
also manned by MOD Police. In addition, Police Scotland are notified in advance of a convoy being routed through their area, so they can advise on any local traffic incidents.

 

The publication advises, on page 4, that ‘[t]here has never been an accident involving Defence Nuclear Material in the UK that has led to, or come anywhere near leading to, the release of radioactive material to the environment’.

 

The publication also advises that in the event of a Defence nuclear emergency in the UK it is the MOD, appointed by the Cabinet Office, which is the lead government department, and it is the MOD who has specialists who would make assets safe, remove them and support any site remediation. The MOD maintains a Defence Nuclear Emergency Organisation and necessary contingency plans. The publication also goes

into some detail as to the actions which would be taken in the event of such a transport emergency.

 

The MOD’s approach is based upon the same principles laid down in the Cabinet Office’s “Emergency Responses and Recovery” and the Scottish Government’s “Preparing Scotland”, which are in turn fully integrated into the MOD’s publication.

 

The Council has generic emergency response plans for such matters, including
emergency communications plans, and it is considered that the successful and well- practised multi agency partnership within the Forth Valley Local Resilience Partnership would be sufficient to support the MOD, and help keep our citizens and communities informed and protected were there ever to be any incident involving such transport.

 

As regards whether or not a formal risk assessment is required, given the nature of such convoys, it must be recognised that the operational planning and delivery of this transportation is not a matter the Council has detailed expertise in. In addition, and linked to this, even if the Council had concerns over the manner in which such transportation was planned and effected, it would not be competent for the Council to seek to alter the MOD’s planning of the same. There is, naturally, also the highly confidential nature of the
planning of these operations, which mean it is not appropriate for the Council to be involved in any greater level of detail, so as to mitigate any risk that might be associated with the same. As such, if the Council were to conduct a formal risk assessment in such circumstances, this would imply the Council had such expertise and/or control, which would be incorrect, for the reasons given above, and potentially misleading.

 

Given this, and the comfort afforded by the MOD publication referred to above, coupled with the civil contingency planning that the Council has in place, it is considered that it would not be competent for the Council to conduct a formal risk assessment in respect of this matter, and that the assessment which has been carried out to date is sufficient in terms of the 2004 Act. It is also understood that the Council’s approach on this matter is
consistent with that adopted by other local authorities.