STIRLING COUNCIL

 

MINUTES of the RECONVENED STATUTORY MEETING of STIRLING COUNCIL held in
the COUNCIL CHAMBERS, VIEWFORTH, STIRLING on WEDNESDAY 24 MAY 2017 at

1. PM
   Present:

   Councillor Maureen BENNISON
   Councillor Neil BENNY
   Councillor Alistair BERRILL
   Councillor Margaret BRISLEY
   Councillor Douglas DODDS
   Councillor Martin EARL
   Councillor Scott FARMER
   Councillor Bryan FLANNAGAN
   Councillor Danny GIBSON
   Councillor Graham HOUSTON
   Councillor Chris KANE

   Councillor Graham LAMBIE
   Councillor Alison LAURIE
   Councillor Alasdair MACPHERSON
   Councillor Jeremy MCDONALD
   Councillor Susan MCGILL
   Councillor Ross OXBURGH
   Councillor Christine SIMPSON
   Councillor Alasdair TOLLEMACHE
   Councillor Jim THOMSON
   Councillor Evelyn TWEED

    

   In Attendance

    

   Carol Beattie, Senior Manager – Economic Development & Regeneration
   Jim Boyle, Chief Officer – Finance

   Alastair Brown, Director of Localities & Infrastructure

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

   Lisa Dunlop – Service Manager, Organisational Change & Development
   David McDougall, Governance Officer

   Alan Milliken, Senior Manager – Communities & People
   Brian Roberts, Senior Manager – Infrastructure

   Kirsty Scott, Service Manager – Communications, Events & Public Affairs
   Marie Valente, Senior Manager – Children & Families

   Iain Strachan, Chief Officer – Governance (Clerk)

    

   Prior to the start of the meeting, a minute’s silence was held as a mark of respect and support for the victims of the Manchester attack.

    

   SC1 ELECTION OF CONVENER, DEPUTE CONVENER AND BAILIES

    

   The Local Government etc (Scotland) Act 1994 required Councils to elect a Convener under the first item of business at its first meeting held after an ordinary election of Councillors.

    

   The Council could decide the title by which the Convener would be known and the term of office.

   Title of Convener

    

   The Council agreed that the Convener of the Council would be known as Provost.

    

   Term of Office

    

   The Council then agreed that the term of office of the Provost would be the term of the Council.

    

   Election of Provost

    

   Councillor Danny Gibson, seconded by Councillor Scott Farmer, nominated Councillor Christine Simpson for the position of Provost of Stirling Council.

    

   There were no other nominations.

    

   This was agreed unanimously without the need for a show of hands.

    

   Decision

    

   The Council appointed Councillor Christine Simpson as Provost of Stirling Council.

    

   The Council agreed to a short adjournment at this point in the proceedings to allow Councillor Simpson to accept the chain of office of Provost of Stirling Council. The other Members and officers remained seated in the Chambers.

    

   On her return to the Chambers, the Returning Officer invited Provost Simpson to take the Chair.

    

   Upon taking the Chair, Provost Simpson thanked Members for the honour of being appointed to the office of Provost and undertook to be balanced and fair at all times and to promote goodwill and respect between Members, Officers and members of the public in the Chambers.

    

   The Council also had the option to appoint a Depute Convener to preside at the Council when the Convener was unable to do so. The role of the Depute Convener could also be extended to include deputising for the Convener in a civic capacity.

    

   Depute Convener

    

   The Council agreed to elect a Depute Convener to preside at Council in the absence of the Provost.

    

   Term of Office

    

   It was further agreed that the term of office of the Depute Convener would be the term of the Council.

    

   Election of Depute Convener

    

   Councillor Scott Farmer, seconded by Councillor Danny Gibson, nominated Councillor Graham Houston for the position of Depute Convener of Stirling Council.

    

   There were no other nominations.

   This was agreed unanimously without the need for a show of hands.

    

   Decision

    

   The Council appointed Councillor Graham Houston as Depute Convener of Stirling Council.

    

   In 2008, the Council adopted the introduction of four bailies whose responsibilities would solely relate to deputising for the Convener as civic head. Each political group of the Council nominated a Bailie to clearly reflect the non-political nature of the civic role.

    

   Appointment of Bailies

    

   The Council agreed to continue the practice of appointing Bailies to deputise for the Provost as civic head.

    

   Councillor Scott Farmer, seconded by Councillor Maureen Bennison, nominated Councillor Evelyn Tweed for the position of Bailie.

    

   Councillor Neil Benny, seconded by Councillor Martin Earl, nominated Councillor Bryan Flannagan for the position of Bailie.

    

   Councillor Danny Gibson, seconded by Councillor Margaret Brisley, nominated Councillor Chris Kane for the position of Bailie.

    

   Councillor Jim Thomson, seconded by Councillor Neil Benny, nominated Councillor Alasdair Tollemache for the position of Bailie.

    

   Decision

   The Council agreed to appoint the following Members as Bailies: -
   Councillor Evelyn Tweed

   Councillor Bryan Flannagan
   Councillor Chris Kane
   Councillor Alasdair Tollemache

    

   (Reference: Report by Director of Localities & Infrastructure, dated 11 May 2017, submitted)

    

   SC2 APOLOGIES

    

   No apologies for absence were submitted.

    

   SC3 DECLARATIONS OF INTEREST

    

   There were no declarations of interest.

   SC4 ADOPTION OF STANDING ORDERS, SCHEME OF DELEGATION, SCHEME OF DELEGATION, FINANCIAL REGULATIONS AND CONTRACT‌

   STANDING ORDERS

    

   A report by the Director of Localities & Infrastructure proposed that the Council adopt the following documents:-

    

   Standing Orders
   Scheme of Delegation
   Financial Regulations

   Contract Standing Orders

    

   The Council was also asked to note the Chief Executive’s Scheme of Sub Delegation.

    

   The documents were, in the main, those used by the Council prior to the elections. Where changes were proposed these were shown tracked.

    

   Decision

    

   The Council agreed: -

    

   1. to adopt, with immediate effect, the Standing Orders set out at Appendix 1 to the report (other than Standing Orders 82 to 106 inclusive);

       

   2. to adopt the Scheme of Delegation set out at Appendix 2 to the report (other than paragraphs 5 and 6, Appendix 4, Appendix 5 and Appendix 8 of the Scheme of Delegation);

       

   3. to note the Chief Executive’s Scheme of Sub-Delegation set out at Appendix 3 to the report;

       

   4. to adopt the Financial Regulations set out at Appendix 4 to the report;

       

   5. to adopt the Contract Standing Orders set out at Appendix 5 to the report; and

       

   6. to remit it to the Chief Officer - Governance to make any consequential alterations to the documents to reflect the versions of the same which were adopted by the Council,and/or to reflect decisions taken in respect of the Council’s decision making structure.

 

(Reference: Report by Director of Localities & Infrastructure, dated 11 May 2017, submitted)

 

SC5 APPOINTMENT OF LEADER AND DEPUTE LEADER

 

In a local government election year, the Council elected a Leader and Depute Leader of the Council at its first statutory meeting, within 21 calendar days from the date of the election. This was in accordance with the Council’s Standing Orders.

 

Councillors were invited to make nominations for the appointment of Leader and Depute Leader of Stirling Council.

Leader

 

Councillor Evelyn Tweed, seconded by Councillor Danny Gibson, nominated
Councillor Scott Farmer for the position of Leader of Stirling Council.

 

Councillor Martin Earl, seconded by Councillor Douglas Dodds, nominated Councillor Neil Benny for the position of Leader of Stirling Council.

 

Voting was as follows:

 

Councillor Scott Farmer 14 votes
Councillor Neil Benny 7 votes

 

Decision

 

The Council agreed to appoint Councillor Scott Farmer as Leader of Stirling Council.

 

Depute Leader

 

Councillor Margaret Brisley, seconded by Councillor Scott Farmer, nominated
Councillor Danny Gibson for the position of Depute Leader of Stirling Council.

 

Councillor Neil Benny, seconded by Councillor Alastair Berrill, nominated Councillor Martin Earl for the position of Depute Leader of Stirling Council.

 

Voting was as follows:

 

Councillor Danny Gibson 14 votes
Councillor Martin Earl 7 votes

 

Decision

 

The Council agreed to appoint Councillor Danny Gibson as Depute Leader of Stirling Council.

 

(Reference: Report by Director of Localities & Infrastructure, dated 11 May 2017, submitted)

 

SC6 APPROVAL OF DECISION MAKING STRUCTURE AND APPOINTMENTS

 

Council’s powers all lay with the full Council and without arrangements to delegate those powers, all decisions would have to be taken at full Council meetings. To enable more efficient decision making to occur, legislation empowered the Council to arrange for the discharge of its functions by delegation to committees, Sub- Committees (known as Panels) and Officers.

 

There were two types of political management arrangements that the Council could decide to adopt in setting this delegation, a Committee model or a Cabinet/Executive model.

 

Cllr Farmer, seconded by Cllr Benny, moved that Council continue with the existing Committee model decision-making structure in the interim and to remit it to the Chief Officer – Governance to consult with the Group Leaders on a new decision making structure and bring a report on this back to Council, which could be within a six month period. This motion was agreed unanimously without the need for a roll call vote.

 

A document had been tabled prior to the start of the meeting, for consideration and approval by Council, detailing proposed Conveners, Vice Conveners and Opposition Spokespersons for each of the Decision Making Committees, Housing Portfolio and Planning & Regulation Panel. Cllr Benny requested that the Convenership of each of the Decision Making Committees be voted on individually.

 

Voting was as follows:-

 

Convener of the Audit Committee

Councillor Neil Benny (Ex-officio as Leader of the Opposition – no vote required)

 

Convener of the Community Planning & Regeneration Committee
Councillor Chris Kane 14 votes

Councillor Douglas Dodds 6 votes

 

Convener of the Education Committee
Councillor Susan McGill 14 votes
Councillor Bryan Flannagan 7 votes

 

Convener of the Environment & Housing Committee
Councillor Jim Thomson 14 votes

Councillor Ross Oxburgh 7 votes

 

Convener of the Finance & Economy Committee
Councillor Margaret Brisley 14 votes
Councillor Neil Benny 7 votes

 

Convener of the Social Care & Health Committee
Councillor Scott Farmer 14 votes

Councillor Martin Earl 7 votes

 

Convener of the Public Safety Committee
Councillor Maureen Bennison 14 votes
Councillor Martin Earl 7 votes

 

Housing Portfolio Holder

Councillor Evelyn Tweed 14 votes
Councillor Martin Earl 7 votes

 

Chair of the Planning & Regulation Panel
Councillor Alasdair MacPherson 14 votes
Councillor Douglas Dodds 7 votes

 

Changes to the membership arrangements of a number of the Committees were all agreed unanimously as follows:-

• Environment & Housing Committee – change from 8 Members to 7;

• Social Care & Health Committee – change from 6 Members to 7;

• Public Safety Committee – change from 8 members to 7;

• Provost’s Panel – change from 5 members to 6 (to include Depute Convener).

Decision

 

The Council agreed:-

 

1. to adopt the Council’s existing committee decision making structure and re-adopt the relevant sections of the Standing Orders and Scheme of Delegation;

    

2. to remit it to the Chief Officer – Governance to consult with the Group Leaders on a new decision making structure and bring a report on this back to Council, which could be within the next 6 months;

    

3. to appoint Conveners, Housing Portfolio Holder and Opposition Spokespersons as set out above and in the attached Appendix 1 to these minutes;

    

4. to make appointments to the Council’s Committees and Panels, including the appointment of Conveners and Depute Conveners where appropriate, as detailed in the attached Appendix 2 to these minutes;

    

5. to approve the appointment of the statutory religious appointees as set out in paragraph 2.4 of the report;

    

6. to approve the continued appointment of the current Education Experienced Persons and Parent Representatives on the Parental Appeals Panel as set out in paragraph 2.5 of the report;

    

7. to approve the continued appointment of the current pool of Independent Chairs of the Social Work Complaints Review Panel as set out in paragraph 2.6 of the report; and

    

8. to note that an earlier report on the agenda asked Council to remit it to the Chief Officer – Governance to make any consequential alterations to the Council’s constitutional documents to reflect the versions of the same which were adopted and/or to reflect any decisions taken by the Council regarding its decision making structure.

 

(Reference: Report by Director of Localities & Infrastructure, dated 11 May 2017, submitted)

 

SC7 PROGRAMME OF MEETINGS

 

The report set out proposals for one cycle of meetings before the summer recess.

 

It also requested guidance on various issues, to enable the Chief Officer –
Governance to prepare a programme of meetings for the remainder of 2017 through to March 2022.

 

Decision

 

The Council agreed:-

 

1. to approve the following meeting dates before the summer recess:-

    

   • Stirling Council – Thursday 22 June 2017 at 10.30am;

   • Planning & Regulation Panel – Tuesday 27 June at 10am; and

2. to instruct the Chief Officer - Governance to prepare a Programme of Meetings from August/September 2017 to March 2022 for approval by Council in June 2017.

 

(Reference: Report by Director of Localities & Infrastructure, dated 11 May 2017, submitted)

 

SC8 APPOINTMENTS AND NOMINATIONS

 

1. Joint Boards, Public Bodies and other statutory Partnerships

    

   The Council was requested to appoint Elected Members to the following Joint Boards, Public Bodies and other Statutory Partnerships:-

    

   • Central Scotland Valuation Joint Board;

   • Forth Valley NHS Board – Non Executive Local Authority Representative

   • Clackmannanshire & Stirling Integration Joint Board

   • Tayside & Central Scotland Transport Partnership; and

   • Loch Lomond and Trossachs National Park Authority

      

     Decision

      

     The Council agreed:-

      

     1. to appoint Elected Members to the following as set out in the attached Appendix 3 to these minutes:-

         

        • Central Scotland Valuation Joint Board – 4 Members and 4 named Substitute Members;

           

        • Forth Valley NHS Board – Non Executive Local Authority Representative

          – 1 Member;

           

        • Clackmannanshire and Stirling Integration Joint Board – 3 Members, stipulating which is to assume the Council’s pre-agreed role of Chair;

           

        • Tayside & Central Scotland Transport Partnership – 2 Members.

           

     2. to note that the term of each of these appointments would be the term of the Council; and

         

     3. to make two nominations to be considered for appointment by The Scottish Ministers as Members of the Loch Lomond and The Trossachs National Park Authority, as set out in the attached Appendix 3 to these minutes.

      

     (Reference: Report by Director of Localities & Infrastructure, dated 11 May 2017, submitted)

      

2. Appointments to Council Companies, Local Organisations and other Organisations in which the Council has an interest

   Stirling Council had traditionally appointed Elected Members to serve on various Council companies, local organisations and other external organisations.

    

   At its meeting on 8 December 2016, the Council agreed a revised approach to the governance of its arms-length external organisations and other strategically funded bodies, and to review those organisations which Members were appointed to.

    

   The Council was invited to appoint Elected Members to serve on the companies and organisations detailed in the Appendices to the report.

    

   No Elected Member was obliged to accept an appointment. However, if they did then they could find themselves taking on additional legal duties, e.g. as a trustee of a charity or a director of a company, where they would, in essence, be obliged to act in the best interests of that organisation. The exact nature of these legal duties would depend upon the nature of the organisation in question and the role they were appointed to. There was also the potential for future conflicts of
   interests between such a role and their role as an Elected Member.

    

   Any member appointed was requested to undertake the member training that had been arranged on the legal duties of directors and trustees.

    

   Decision

    

   The Council agreed to appoint Elected Members to serve on the companies, local organisations and other external organisations as set out in the attached Appendix 3 to these minutes.

    

   (Reference: Report by Director of Localities & Infrastructure, dated 11 May 2017, submitted)

    

3. District of Stirling Licensing Board – Appointment of Members

    

   The report requested Council to appoint Members of the Council to the District of Stirling Licensing Board.

    

   Decision

    

   The Council agreed to appoint eight Members of the Council to the District of Stirling Licensing Board as set out in the attached Appendix 3 to these minutes.

    

   (Reference: Report by Director of Localities & Infrastructure, dated 11 May 2017, submitted)

    

4. The Patrons of Cowane’s Hospital Trust

    

   In terms of the Deed of Foundation of Cowane’s Hospital dated 13 February 1637, a Trust known as the Cowane’s Hospital Trust was constituted. The Trustees were known as the Patrons of Cowane’s Hospital.

    

   Up until January 2011, all Elected Members of Stirling Council were eligible to be Patrons. In practice, Elected Members who sat on the Planning & Regulation Panel declined to act as Patrons.

   In January 2011, a Cy-Pres Scheme was negotiated and agreed by the Court of Session facilitating the separation of Cowane’s Hospital Trust and Stirlingshire Educational Trust.

    

   The revised Scheme provided for the appointment of Patrons, with those Elected Members representing the Stirling North, Stirling East and Stirling West wards as ex-officio Patrons.

    

   If the Provost was not an Elected Member representing one of the
   aforementioned wards, the Provost would serve as an additional ex-officio Patron and as Chair of the Patrons, as well as an ex-officio trustee of the separate Cowane’s Hospital Maintenance Trust.

    

   No Elected Member was obliged to accept appointment, however if they did then they would become a trustee, with separate legal duties to the Trust, in essence to act in the best interests of the Trust above all other interests.

    

   Any member appointed was requested to undertake the member training that had been arranged on the legal duties of directors and trustees.

    

   Decision‌

    

   The Council agreed that the Chief Officer – Governance would seek confirmation from the Elected Members representing the Stirling North, Stirling East and Stirling West wards, and who were present at the meeting, to confirm whether or not they would accept office as an ex-officio Patron of the Cowane’s Trust.

    

   (Reference: Report by Director of Localities & Infrastructure, dated 11 May 2017, submitted)

    

5. Spittal’s Trust

 

The Trustees of Spittal’s Trust are Elected Members of the Council. There was
no obligation on an Elected Member to accept office as a trustee. If they did
accept office, however, they would become a trustee, with separate legal duties to the Trust, in essence to act in the best interests of the Trust above all other interests.

 

Any member appointed was requested to undertake the member training that had been arranged on the legal duties of directors and trustees.

 

All Members were invited by the Master & Factor of Spittal’s Trust to accept office as Trustees of Spittal’s Trust.

 

Decision

 

The Council agreed that each Elected Member present at the meeting would
contact the Chief Officer – Governance by 5pm on Friday 26 May 2017 to advise if they did not wish to accept office as a Trustee of the Spittal’s Trust.

 

(Reference: Report by Director of Localities & Infrastructure, dated 11 May 2017, submitted)

SC9 CONVENTION OF SCOTTISH LOCAL AUTHORITIES (COSLA)

 

The Council was invited to consider whether it wished to continue to be a member of the Convention of Scottish Local Authorities (CoSLA).

 

If the Council agreed that it wished to continue to be a member of CoSLA, it was then invited to appoint 3 Elected Members to represent the Council on the Convention. Appointments required to be made no later than Thursday 8 June 2017.

 

Under the terms of the Constitution, CoSLA was required to elect its President and Vice-President at the first meeting of the Convention on 30 June 2017. It was now CoSLA delegates, and not Councils, that would nominate the President and Vice- President, which posts must now be gender-balanced. As such, delegates required to be appointed by 8 June, in order to meet the 9 June deadline to nominate or stand. The 30 June 2017 meeting of CoSLA was also expected to approve changes to its constitution, including the move to the four boards mentioned below.

 

The Council was asked to note that there were to be four CoSLA Boards, which would meet six times a year. The Council was invited to appoint one nominated Elected Member to each of the Boards.

 

Decision

 

The Council agreed:-

 

1. to confirm that it wished to continue to be a member of the Convention of Scottish Local Authorities (CoSLA);

    

2. to appoint three Elected Members to represent the Council on the Convention, as set out in the attached Appendix 3 to these minutes, such appointments to be for the term of this Council;

    

3. to appoint a nominated Elected Member to each of the following CoSLA Boards:-

    

   • Children and Young People;

   • Health and Social Care;

   • Environment and Economy;

   • Community Wellbeing;

 

as set out in the attached Appendix 3 to these minutes, such appointments to be for the term of this Council.

 

(Reference: Report by Director of Localities & Infrastructure, dated 11 May 2017, submitted)

 

SC10 COUNCILLORS’ REMUNERATION, ALLOWANCES AND EXPENSES

 

The Council’s Scheme of Delegation, which was the subject of a separate report on this agenda, required that the Council determines and keeps under review its Scheme of Members’ Allowances, and in addition, that it determines all matters relevant to the level of Councillors’ allowances and Special Responsibility Payments.

The Council was invited to consider the remuneration payable to Councillors
undertaking additional responsibilities, the arrangements for payment of allowances and expenses and the definition of “approved duties”.

 

Decision

 

The Council agreed:-

 

1. to confirm that that the remuneration payable to the Leader of the Council in terms of the regulations (£28,213 per annum) would be paid to the Councillor who had been appointed by the Council as Leader of the Council;

    

2. to confirm the level of remuneration payable to the Civic Head of the Council would be the maximum amount in terms of the regulations (£21,160 per annum), and that the same would be paid to the Councillor who had been appointed Provost/Convener of the Council;

    

3. those Councillors to be designated Senior Councillors in terms of the regulations and the amount of remuneration payable to each would be the maximum amount in terms of the regulations (£21,160 per annum) as follows:-

    

   • Convener of Community and Planning & Regeneration Committee;

   • Convener of Environment & Housing Committee;

   • Convener of Finance & Economy Committee;

   • Depute Convener of Finance & Economy Committee;

   • Housing Portfolio Holder;

   • Chair of Planning & Regulation Panel;

   • Convener of the Public Safety Committee;

   • Convener of Audit Committee;

   • Depute Leader of the Council (not paid a special responsibility allowance);

      

4. to approve the arrangements for payment of allowances and expenses as detailed in Appendix 1 to the report; and

    

5. to agree the definition of “approved duties” as set out in Appendix 2 to the report.

 

(Reference: Report by Director of Localities & Infrastructure, dated 11 May 2017, submitted)

 

The Provost closed the meeting at 6.50 pm