STIRLING COUNCIL

 

MINUTES of MEETING of STIRLING COUNCIL held in the COUNCIL CHAMBERS,
VIEWFORTH, STIRLING on THURSDAY 3 OCTOBER 2019 at 10.00 AM

 

Present:

Provost Christine SIMPSON (in the Chair)

 

Councillor Maureen BENNISON
Councillor Neil BENNY
Councillor Margaret BRISLEY
Councillor Robert DAVIES
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 Alastair MAJURY
Councillor Jeremy MCDONALD
Councillor Susan MCGILL
Councillor Ross OXBURGH
Councillor Jim THOMSON

Councillor Alasdair TOLLEMACHE
Councillor Evelyn TWEED

 

In Attendance

 

Jennifer Baird, Category Manager – Services for People
CarolBeattie, Chief Executive

Annemargaret Black, Chief Officer – Clackmannanshire & Stirling Health & Social Care
Partnership/Integration Joint Board

Jim Boyle, Chief Officer – Finance
Lorna Cameron, Chief Housing Officer

Caroline Cherry, Service Manager, Adult Assessment & Partnership
Martin Dalziel, Team Leader – External Communications

Claire Davidson, Solicitor

Lesley Gallagher, Service Manager – Regeneration & Inclusive Growth
Angela Heaney, Senior Sustainable Development Officer

David Hopper, Sustainable Development Manager
Kristine Johnson, Chief Officer – HR & OD

Kevin Kelman, Chief Operating Officer – People/Chief Education Officer
Steven MacDonald, Team Leader – Economic Development

David McDougall, Governance Officer

Isabel McKnight, Chief Operating Officer – Communities & Performance
Islay Moore, Support Officer, Governance

Stuart Oliver, Senior Manager – Economic Development & Communities
Brian Roberts, Chief Operating Officer – Infrastructure & Environment
Marie Valente, Senior Manager/Chief Social Work Officer

Julia McAfee, Chief Officer – Governance (Clerk)
Sheila McLean, Governance Officer (Minutes)

 

Also Present

 

Taylor Ferguson, Grant Thornton

Agenda

 

The Provost intimated her intention to alter the order of the Agenda. The items were taken in the order minuted below.

 

Announcements

 

Prior to commencement of business, the Provost advised Members of two items of good news.

 

Stirling Council had received an letter from the Ministry of Defence confirming achievement of the Employer Recognition Scheme Gold Award. Council recorded its congratulations to Kristine Johnson (Chief Officer – HR & OD) and her team.‌

 

The Champions Board had been successful in its application for funding for a project called Home & Belonging. This project was for care experienced children and young people to have a safe place of their own and to gain opportunities for lifelong learning and employment skills. Funding of £195,000 over three years had been received. Council congratulated all the young people who had taken part and the staff who support them.‌

 

Councillor Danny Gibson joined the Meeting at this point.

 

SC224 APOLOGIES

 

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

 

SC225 DECLARATIONS OF INTEREST

 

No declarations of interest were intimated at this point, however Councillor Alasdair Tollemache declared a non-financial interest in1 Agenda Item 17 as detailed in Paragraph SC241 below.

 

SC226 URGENT BUSINESS

 

There were no items of urgent business.

 

SC227 MINUTES

 

The following Minutes were submitted for approval:-

 

1. Meeting of Stirling Council – 27 June 2019Decision

   The Minutes of the Meeting of Stirling Council held on 27 June 2019 were agreed as an accurate record of proceedings.

2. Meeting of Appointments Panel – 2 September 2019
   Decision‌

   The Minutes of the Appointments Panel held on 2 September 2019 were agreed as an accurate record of proceedings.

    

3. Meeting of Appointments Panel – 10 September 2019Decision

   The Minutes of the Appointments Panel held on 10 September 2019 were agreed as an accurate record of proceedings.

    

4. Meeting of Appointments Panel – 16 September 2019Decision

   The Minutes of the Appointments Panel held on 16 September 2019 were agreed as an accurate record of proceedings.

    

5. Meeting of Local Review Body – 13 June 2019Decision

   The Minutes of the Local Review Body held on 13 June 2019 were agreed as an accurate record of proceedings.

    

6. Meeting of Local Review Body – 11 July 2019Decision

   The Minutes of the Local Review Body held on 11 July 2019 were agreed as an accurate record of proceedings.

    

7. Meeting of Local Review Body – 25 July 2019Decision

   The Minutes of the Local Review Body held on 25 July 2019 were agreed as an accurate record of proceedings.

    

8. Meeting of Parental Appeals Panel – 16 July 2019
   Decision

   The Minutes of the Parental Appeals Panel held on 16 July 2019 were agreed as an accurate record of proceedings.

9. Meeting of Parental Appeals Panel – 15 August 2019
   Decision‌

        The Minutes of the Parental Appeals Panel held on 15 August 2019 were          agreed as an accurate record of proceedings.

 

SC228 MOTIONS IN TERMS OF STANDING ORDER 16

 

Prior to the Meeting, Elected Members had received supplementary information from Officers on the subject of Motions submitted in Terms of Standing Order 16. The supplementary information is attached as Appendix 2 to these Minutes.

 

As noted above, the Provost had agreed to take the following motion at this point on the Agenda. The remaining two Motions are noted at Paragraph SC243 below.

 

Climate Emergency
Motion

“Stirling Council recognises the immediacy of the current climate emergency and we will use our powers to enforce, promote and engage with residents, traders and businesses in the Stirling Council area to reduce carbon throughout the Stirling Council area.

 

Council reaffirms its commitment to protecting the ecology and our environment and is seeking to accelerate its own plans to reduce carbon emissions to zero as soon as practicable.

 

We therefore seek to accelerate the development of action plans around: Clean Energy, Sustainable Transport, The Circular Economy, and our Natural Environment. Actions must focus on reducing our carbon consumption as well as focussing of resilience and developing a climate ready infrastructure.

 

Stirling is already driving forward major innovative low carbon projects such as the renewable heat project at Forthside; The Walk Cycle, Live Stirling active travel link; The Solar Canopies Green Energy Hub at Castleview Park and Ride and we can and must do more.

 

We have uniquely signed up with SEPA to our Sustainable Growth Agreement, which commits us to working toward a one planet prosperity.

 

This motion requires Senior Managers of the Council to develop an agenda and
report back to Council in February 2020 with actions for real and Sustainable
progress.

 

A further report will be considered at the November Environment and Housing
Committee, outlining immediate actions to be undertaken.”

 

Moved by Councillor Jim Thomson, seconded by Councillor Danny Gibson.

 

In terms of Standing Order 81, Council agreed that the Amendment was not subject to the six-month rule and could therefore be considered.

Amendment

 

Add to Motion:-

 

“Council instructs senior officers to suspend preparations for the Viewforth link road until the agenda and report by senior managers is brought back to the Council in February 2020.”

 

Moved by Councillor Alasdair Tollemache, seconded by Councillor Neil Benny.

 

At this point, Council adjourned for five minutes to allow Members to consider the terms of the Amendment.

On the roll being called, the Members present voted as follows:-
For the Amendment (9) Councillor Neil Benny

Councillor Alistair Berrill

Councillor Douglas Dodds
Councillor Martin Earl
Councillor Bryan Flannagan
Councillor Alastair Majury
Councillor Jeremy McDonald
Councillor Ross Oxburgh
Councillor Alasdair Tollemache

 

Against the Amendment (13) Councillor Maureen Bennison
Councillor Margaret Brisley
Councillor Rob Davies
Councillor Scott Farmer
Councillor Danny Gibson
Councillor Graham Houston
Councillor Chris Kane
Councillor Graham Lambie
Councillor Alison Laurie
Councillor Susan McGill
Councillor Christine Simpson
Councillor Jim Thomson
Councillor Evelyn Tweed

 

The Amendment fell by 13 votes to 9.

 

Decision

 

The Motion was agreed without the need for a roll call vote and accordingly, Council agreed to recognise the immediacy of the current climate emergency and to use its powers to enforce, promote and engage with residents, traders and businesses in the Stirling Council area to reduce carbon throughout the Stirling Council area.

 

Council reaffirmed its commitment to protecting the ecology and our environment and was seeking to accelerate its own plans to reduce carbon emissions to zero as soon as practicable.

Council therefore sought to accelerate the development of action plans around: CleanEnergy, Sustainable Transport, The Circular Economy, and our Natural Environment. Actions must focus on reducing our carbon consumption as well as focussing of resilience and developing a climate ready infrastructure.

 

Stirling was already driving forward major innovative low carbon projects such as the renewable heat project at Forthside; The Walk Cycle, Live Stirling active travel link; The Solar Canopies Green Energy Hub at Castleview Park and Ride and we can and must do more.

 

We have uniquely signed up with SEPA to our Sustainable Growth Agreement, which commits us to working toward a one planet prosperity.

 

Council required Senior Managers of the Council to develop an agenda and report back to Council in February 2020 with actions for real and Sustainable progress.

 

A further report would be considered at the November Environment and Housing Committee, outlining immediate actions to be undertaken.

 

SC229 WRITTEN QUESTIONS

 

Nine written questions had been received in terms of Standing Order 44. The
questions and answers are attached at Appendix 1 to these Minutes.

 

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

 

SC230 QUESTION TIME

 

In terms of Standing Order 51, 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 and any  on the Agenda for approval.

 

The following questions were put:-

 

Councillor Martin Earl – Minutes of Meeting of Stirling Council held on 27 June 2019 (SC223(e) – Question regarding Grass Cutting)

 

The Convener of the Environment and Housing Committee confirmed that grass cutting was an emotive issue and the Administration was keen to ensure that the right actions were taken in terms of sustainability.

 

Councillor Alasdair Tollemache – Minutes of Meeting of the Environment and
Housing Committee held on 6 June 2019 (EH141 – Question regarding Rapid
Rehousing Transition Plan 2019/20 – 2023/24)

 

The Convener of the Environment and Housing Committee advised that tenants were supportive of the action being taken.

Councillor Jeremy McDonald – Minutes of Meeting of the Local Review Body
held on 25 July 2019 (LR98 – Question regarding policy on replacement of
window and doors in Conservation Areas)

 

The Convener of the Environment and Housing Committee and the Chief Operating Officer – Infrastructure & Environment referred Members to current planning policy in respect of energy efficiency.

 

SC231 COMMITTEE VACANCIES

A report by the Chief Officer – Governance advised that a number of Elected had indicated their wish to resign from certain Committees/Panels and/or on Committees/Panels, with effect from 2 October 2019, as follows:-

 

• Councillor Margaret Brisley to step down as Vice Convener from the Children & Young People Committee (current Vice Convener);

• Councillor Chris Kane to resign from the Planning & Regulation Panel (current Vice Chair); and

• Councillor Christine Simpson to resign from the Adult Social Care Panel
  (current Vice Chair).

 

Council was invited to appoint proposed replacement Elected Members to these vacancies, with effect from 3 October 2019.

 

Decision

 

The Council agreed:-

 

1. to appoint Councillor Christine Simpson to the Vice Convener vacancy on the Children & Young People Committee, with effect from 3 October 2019;

    

2. to appoint Councillor Danny Gibson to the Panel and the Vice Chair vacancy on the Planning & Regulation Panel, with effect from 3 October 2019; and

    

3. to appoint Councillor Chris Kane to the Panel and the Vice Chair vacancy on the Adult Social Care Panel, with effect from 3 October 2019.

 

(Reference: Report by Chief Officer - Governance, dated 24 September 2019,
submitted)

 

SC232 ORDER OF MALTA DIAL-A-JOURNEY LTD - VACANCY

 

A report by the Chief Officer – Governance advised that Councillor Maureen
Bennison had resigned from her post of Director on the Board of Order of Malta Dial-a-Journey Ltd.

 

Council was invited to appoint an Elected Member to fill the vacant position.

Decision‌‌

 

The Council agreed to appoint Councillor Danny Gibson to fill the vacancy of Director to the Board of Order of Malta Dial-a-Journey Ltd.

 

(Reference: Report by Chief Officer - Governance, dated 24 September 2019
submitted)

 

SC233 ANNUAL REVIEW OF GOVERNANCE DOCUMENTS

 

The Council’s Standing Orders and Scheme of Delegation were last updated in
March 2019 under delegated authority to include the Stirling and Clackmannanshire City Region Deal Joint Committee.

A report by the Chief Officer – Governance advised that an annual review was
carried out of the Standing Orders and Scheme of Delegation, in consultation with the Group Leaders, with any proposed changes and refinements brought forward to the Council for approval.

 

The Chief Officer - Governance had delegated authority to make any necessary changes to the Standing Orders, Scheme of Delegation, Financial Regulations, and other related Council documentation to reflect the revised senior management structure approved by Council on 27 June 2019. Members noted that a report on the Contract Standing Orders was included elsewhere on the Agenda.

 

The report detailed the main changes proposed to the documents, with copies of the documents showing the changes attached as Appendix 1 to the report.

 

Discussion took place around the quorum for the Children & Young People
Committee, which currently stood at six when discharging education functions on the Council’s behalf. As membership of the Committee included three statutory religious representatives who were entitled to vote, it was suggested that the quorum be increased to seven to ensure that Elected Members were always in the majority.

 

In response to a question, the Chief Officer - Governance advised that she would check the legal position on whether or not the Local Review Body could move immediately to a site visit without the need to meet first.

 

A question was raised around the financial contract limits delegated to the Chief Executive for approval for legal acceptance. The Chief Executive and Chief Officer – Governance advised that this was currently being reviewed and would be brought back to Council in due course.

 

The Chief Officer – Governance provided a number of further points of clarification in response to questions raised and clarified the legal position regarding amendments to the role of the Adult Social Care Panel.

Motion

 

“Council agrees

1. to adopt with effect from 4 October 2019 the Standing Orders set out in
   Appendix 1 to the submitted report, subject to SO19 being amended to read that the Quorum for Children & Young People Committee (when discharging Education functions on the Council’s behalf) be 7 rather than 6;

2. to approve with effect from 4 October 2019 the Scheme of Delegation set out in Appendix 2 to the report, subject to noting that the financial limit for delegation to the Chief Executive to approve for legal acceptance by the relevant officers (CE2 refers), was currently being reviewed and would be brought back to Council in due course;

3. to give the Chief Officer - Governance delegated authority to update the
   Civic Handbook when required;

4. to note that the Chief Officer - Governance would continue to carry out
   annual reviews of the Standing Orders and Scheme of Delegation; and

5. to note that a revised Sub Scheme of Delegation was being prepared by the Chief Executive, and would be circulated to all Members for information.”

Moved by Councillor Scott Farmer, seconded by Councillor Danny Gibson.

 

Amendment

 

“Council agrees:-

 

1. to adopt with effect from 4 October 2019 the Standing Orders set out in
   Appendix 1 to the submitted report, subject to:-

   1. SO19 being amended to read that the Quorum for Children & Young People Committee (when discharging Education functions on the Council’s behalf) be 7 rather than 6; and

   2. removal of SO62(b) “that the question is now put to the vote”.

2. to approve with effect from 4 October 2019 the Scheme of Delegation set out in Appendix 2 to the report, subject to noting that the financial limit for delegation to the Chief Executive to approve for legal acceptance by the relevant officers (CE2 refers), was currently being reviewed and would be brought back to Council in due course;

3. to give the Chief Officer - Governance delegated authority to update the
   Civic Handbook when required;

4. to note that the Chief Officer - Governance would continue to carry out
   annual reviews of the Standing Orders and Scheme of Delegation; and

5. to note that a revised Sub Scheme of Delegation was being prepared by the Chief Executive, and would be circulated to all Members for information.”

For the Amendment (10) Councillor Neil Benny
Councillor Alistair Berrill
Councillor Robert Davies
Councillor Douglas Dodds
Councillor Martin Earl
Councillor Bryan Flannagan
Councillor Alastair Majury
Councillor Jeremy McDonald
Councillor Ross Oxburgh
Councillor Alasdair Tollemache

 

Against the Amendment (12) Councillor Maureen Bennison
Councillor Margaret Brisley
Councillor Scott Farmer
Councillor Danny Gibson
Councillor Graham Houston
Councillor Chris Kane
Councillor Graham Lambie
Councillor Alison Laurie
Councillor Susan McGill
Councillor Christine Simpson
Councillor Jim Thomson
Councillor Evelyn Tweed

 

The Amendment fell by 12 votes to 10.

 

Decision

 

The Motion was agreed without the need for a roll call vote and accordingly, Council agreed:-

1. to adopt with effect from 4 October 2019 the Standing Orders set out in
   Appendix 1 to the submitted report, subject to SO19 being amended to read that the Quorum for Children & Young People Committee (when discharging Education functions on the Council’s behalf) be 7 rather than 6;

2. to approve with effect from 4 October 2019 the Scheme of Delegation set out in Appendix 2 to the report, subject to noting that the financial limit for delegation to the Chief Executive to approve for legal acceptance by the relevant officers (CE2 refers), was currently being reviewed and would be brought back to Council in due course;

3. to give the Chief Officer - Governance delegated authority to update the
   Civic Handbook when required;

4. to note that the Chief Officer - Governance would continue to carry out
   annual reviews of the Standing Orders and Scheme of Delegation; and

5. to note that a revised Sub Scheme of Delegation was being prepared by the Chief Executive, and would be circulated to all Members for information.

(Reference: Report by Chief Officer – Governance, dated 25 September 2019,
submitted.)

SC234 STIRLING COUNCIL CONTRACT STANDING ORDERS‌

 

The Council’s Contract Standing Orders set out the basis for seeking, awarding and management of contracts for goods, services and works on behalf of Stirling Council and were applied by any employee or agent of Stirling Council when activity was intended to result in a contract for supplies, services or works.

 

A report by the Senior Manager – Economic Development & Communities sought the Council’s approval to increase the threshold for which the use of quick quote procedure for the procurement of works contracts was applied, from £50,000 to £500,000 in line with Stirling Council’s focus on promoting opportunities for local suppliers to participate in public contracts.

 

Decision

The Council agreed to approve amendment of the Council’s Contract Standing
Orders.

(Reference: Report by Senior Manager – Economic Development & Communities dated 24 September 2019, submitted).

 

SC235 CITIZENSHIP APPOINTMENTS PANEL

 

The Governance Officer presented a report by the Chief Officer – Governance which sought to disband the Citizenship Appointments Panel and asked that authority for the recruitment, application and appointment process for the Stirling Local Licensing Forum; the Panel of Reporting Officers/Curators ad Litem and Stirling Area Local Access Forum be delegated to the relevant Senior Manager/Chief Officer as detailed within the report.

 

It was noted that full Council would continue to appoint Elected Members to the Stirling Area Local Access Forum since it had authority for all Elected Member appointments.

 

Council was advised that the recommendations shown on the report were incorrect. A revised set of recommendations was tabled, which was agreed by Council, subject to the word “extend” being replaced by “re-appoint” in recommendation 7.

 

Decision

The Council agreed:-

1. to disband the Citizenship Appointments Panel;

2. to delegate authority to the Civic Panel to approve all appointments to the Stirling Local Licensing Forum, Panel of Reporting Officers/Curators ad Litem and Stirling Area Local Access Forum, following recommendations from the relevant senior officers as noted below;

3. to delegate authority to the Chief Officer – Governance, to manage the
   recruitment and application process for new members to the Stirling Local Licensing Forum and to make recommendations to the Civic Panel for approval;

    

4. to delegate authority to the Senior Manager – Children & Families (CSWO), to manage the recruitment and application process for the Panel of Reporting Officers/Curators Ad Litem (in consultation with the Chief Officer - Governance) and to make recommendations to the Civic Panel for approval;

5. to delegate authority to the Senior Manager – Infrastructure to manage the recruitment and application process for new members to the Stirling Area Local Access Forum and to make recommendations to the Civic Panel for approval;

6. to delegate authority to the Chief Officer – Governance to remove all
   references to the Citizenship Appointments Panel from Standing Orders,
   Scheme of Delegation and any other relevant Governance documentation, and to amend the remit of the Civic Panel within the same, to reflect this decision; and‌

7. to re-appoint those individuals currently appointed to the Council’s Panel of Reporting Officers/ Curators ad Litem (which expired on 30 September 2019), for a period of up to six months on the same terms as they are currently appointed to that Panel.

(Reference: Report by Chief Officer - Governance dated 24 September 2019,
submitted).

 

SC236 COMMUNITY PLANNING ANNUAL REPORT 2018/19

 

All Community Planning Partnerships had a statutory duty under the Community Empowerment (Scotland) Act 2015 to report annual on the progress of their Local Outcome Improvement Plans (LOIPs). Stirling’s LOIP was known as the Stirling Plan.

 

A report by the Senior Manager – Economic Development and Communities sought Council’s approval for the first Stirling Plan Annual Report, which was attached as an Appendix.

 

The Service Manager responded to a number of questions from Members and
provided further information on current areas of activity.

 

Decision

 

The Council agreed to approve the publication of the Annual Report for the Stirling Plan 2018/19 attached as Appendix 1 to the submitted report.

 

(Reference: Report by Senior Manager – Economic Development & Communities dated 24 September 2019, submitted).

 

In terms of Standing Order 42, the meeting adjourned at 12.35pm for a comfort break. The meeting reconvened at 1.10 pm with the same Members present.

SC237 STIRLING COUNCIL AUDITED ACCOUNTS 2018/19‌

 

A report by the Chief Officer – Finance outlined the key features of the financial position displayed in the 2018/19 audited accounts, which incorporated a brief overview of the General Fund and HRA revenue and capital outturn positions. Council was asked to note the Audited Accounts in respect of Stirling Council for the year ended 31 March 2019.

 

The Council’s External Auditors, Audit Scotland, had certified the Accounts for the year to 31 March 2019.

 

The audited Accounts had been approved for signature by the Audit Committee at its meeting on 29 August 2019, in line with the requirements of the Local Authority Accounts (Scotland) Regulations 2014.

 

Decision

 

The Council agreed to note Annual Accounts in respect of Stirling Council for the year ended 31 March 2019.

 

(Reference: Report by Chief Officer - Finance dated 24 September 2019, submitted)‌‌

 

SC238 ANNUAL REPORT TO THOSE CHARGED WITH GOVERNANCE AND THE OF AUDIT FOR FINANCIAL YEAR ENDED 31 MARCH 2019

 

International Standard on Auditing (UK and Ireland) 260 (ISA 260) required auditors to report specific matters arising from the audit of the financial statements to those charged with governance of a body in sufficient time to enable appropriate action.

 

A report by the Chief Officer – Finance presented a covering letter from the Council’s External Auditors, Audit Scotland, together with the Independent Auditor’s Report which provided an unqualified opinion on the accounts. It was noted that the Audit Committee had considered the report at its meeting on 29 August 2019.

 

Decision

 

The Council agreed:-

1. to note the content of the Independent Auditor’s Report;

2. to approve the content of the ISA 580 Letter of Representation;

3. to note the significant audit findings within Exhibit 3 (pages 11-13) of the proposed Annual Audit Report; and

4. to note the recommendations for improvement and the follow up on prior year recommendations within Appendix 1 (pages 36-39) of the proposed Annual Audit Report.

 

(Reference: Report by Chief Officer - Finance dated 24 September 2019, submitted)

SC239 COMMON GOOD FUNDS & CHARITABLE TRUSTS AUDITED ACCOUNTS
2018/19‌‌‌

 

A report by the Chief Officer – Finance advised that the Council’s External Auditors, Audit Scotland, had certified the accounts for the year to 31 March 2019 of the Stirling, Bridge of Allan, Callander and Dunblane Common Good Funds, the Dunblane Cemetery Memorial Garden (Maintenance) Trust and a further 10 small Charitable Trusts.

 

The report invited Council to note the Annual Accounts of the Common Good Funds and Charitable Trusts for the year ended 31 March 2019 and provided an update on the ongoing review of the small charitable trusts administered by the Council.‌

 

Decision

 

The Council agreed to note the Annual Accounts of the Common Good Funds and Charitable Trusts for the year ended 31 March 2019.

 

(Reference: Report by Chief Officer - Finance dated 24 September 2019, submitted)

 

SC240 CHARITABLE TRUSTS ADMINISTERED BY STIRLING COUNCIL - REPORT TO CHARGED WITH GOVERNANCE ON THE 2018/19 AUDIT

 

A report by the Chief Officer – Finance advised that an audit was required for all registered charities where the local authority was the sole trustee. The Council’s External Auditors, Audit Scotland, had been appointed as the auditor of the relevant trusts.

 

The International Standard on Auditing (UK and Ireland) 260 (ISA 260) required auditors to report specific matters arising from the audit of the financial statements to those charged with governance of a body in sufficient time to enable appropriate action.

 

The ISA 260 report was attached as an appendix to the report and had been
considered by the Audit Committee at its meeting on 29 August 2019. A draft ISA 260 Letter of Representation had also been approved by the Audit Committee and signed by the Council’s Chief Officer – Finance, as the Accountable Officer.

 

Decision

 

The Council agreed:-

 

1. to note the content of the ISA 260 report; and

2. to approve the content of the ISA 580 Letter of Representation.
   (Reference: Chief Officer – Finance dated 24 September 2019 submitted)

SC241 CLACKMANNANSHIRE AND STIRLING HEALTH AND SOCIAL CARE ANNUAL PERFORMANCE REPORT 2018-19‌

 

Councillor Tollemache declared a non-financial interest in this item as Chair of
Townbreak, but remained to take part in the discussion.

 

The Chief Officer – Clackmannanshire & Stirling Health & Social Care Partnership & Integration presented her report which outlined the statutory requirement for the Partnership to deliver and publish an Annual Performance Report before the end of July 2019. The Annual Performance Report was attached as an appendix.

 

The Performance Report had been compiled with input from colleagues across the Partnership and reflected the Partnership activity in relation to the Strategic Plan 2016-19 and the core delivery priorities agreed as part of the Delivery Plan.

 

The Report was an opportunity to highlight the milestones and successes of the Partnership over the duration of the Strategic Plan, as well as identify the next steps and areas for improvement.

 

Council was advised that the Partnership performed positively in 16 out of a total of 20 indicators, covering areas such as service user experience, good health, independence, inequalities and effective use of resources.

 

The Report also reflected upon the Strategic Inspection carried out during 2018, noting that the Partnership had been graded 4 – Good overall for performance. It also reflected on areas for development and continuation in the new Strategic Commissioning Plan for 2019-22.

 

It was advised that, due to lack of resources, an external review of the financial structure had been commissioned.

 

Members sought clarification on the mechanism for holding the Partnership to
account and expressed concern at the risk to the Council. The Chief Officer
confirmed that this was not the role of the Council, however overspends by the Integrated Joint Board were longstanding and it would be important for her to examine the outcome of the review when developing a plan going forward.

 

The Chief Officer and Service Manager responded to a number of questions and requests for points of clarification from Members.

 

It was noted that a further report for discussion on risks to the Council would be presented to the December meeting.

 

Decision

 

The Council agreed to note the Clackmannanshire and Stirling Health and Social Care Partnership Annual Performance Report and note that this was published on the Partnership website by the end of July 2019 as required.

 

(Reference: Report by Chief Officer – Clackmannanshire & Stirling Health & Social Care Partnership dated 24 September 2019, submitted)

Councillor Bennison left the Meeting at this point.‌

 

SC242 JOINT STRATEGIC INSPECTION (ADULTS) – IMPROVEMENT PLAN – REPORT

 

At the meeting of Adult Social Care Panel on 5 February 2019, the Panel requested a report that would provide updates on the outcome of the Joint Inspection (Adults) of the effectiveness of the arrangements for strategic planning in the Health and Social Care Partnership.

 

A report by The Chief Officer – Clackmannanshire & Stirling Health & Social Care Partnership & Integration presented the updated improvement actions for the consideration of the Council, which was one of the constituent authorities of the Partnership.

 

Decision

 

The Council agreed:-

 

1. to note the updated improvement actions as at September 2019, which are subject to review with the Lead Inspector [Appendix 1]; and

2. the proposal, agreed by the Integration Joint Board at its meeting on 25 September 2019, to review the updated actions required to deliver the improvement recommendations arising from the Joint Inspection and delivery of the Strategic Commissioning Plan.

 

(Reference: Report by Chief Officer – Clackmannanshire & Stirling Health & Social Care Partnership dated 24 September 2019, submitted)

 

SC243 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.

 

One Motion had been considered earlier in the Meeting.

 

1. Complying with Policy when Visiting Educational Establishments

    

   “In response to numerous breaches of the ‘Working with Elected
   Representatives, the Media and External Organisations – Guidance for
   Educational Establishments’ policy which states:

    

   “All elected representatives visiting an educational establishment must not wear or display any political badge or insignia that identifies a particular political party either in the building or within the boundary of the grounds surrounding it.”

   All elected members agree the importance of adhering to this policy.”
   Signed by Councillor Bryan Flannagan and Councillor Alistair Berrill
   This was unanimously agreed without the need for a roll call vote.

    

2. Higher Education Establishments

 

“The Times and Sunday Times have awarded The University of Stirling the
accolade of ‘Sports University of the Year 2020’ in their highly regarded Good
University Guide. Council congratulates the University on this significant
achievement.

 

Council also congratulates Forth Valley College on exceeding their target
number of Students on Modern Apprenticeship Courses this year and further
recognises that the college is one of the leading providers of Foundation
Apprenticeships in the Country.

 

Council recognises that Stirling is served by two superb Higher Education
establishments and will continue to work closely with both.”

 

Signed by Councillor Ross Oxburgh and Councillor Alastair Majury
This was unanimously agreed without the need for a roll call vote.

 

The Committee 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 they involved the disclosure of exempt information as
defined in Paragraphs 9 and 6 & 9 of Part 1 of Schedule 7A of the Local Government
(Scotland) Act 1973.

 

SC244 NATIONAL WALLACE MONUMENT – REVIEW OF LEASE ARRANGEMENTS
AND OPERATING OPTIONS

 

The Senior Manager – Economic Development & Communities introduced a report which set out a review of lease arrangements and operating options for the National Wallace Monument.

 

Council was advised that Stirling District Tourism (SDT) managed the National
Wallace Monument under a commercial lease arrangement on behalf of Stirling
Council; the Council owned the Monument. The lease with SDT would expire in May 2020 and Stirling Council, in line with its responsibilities to ensure best value, had recently commissioned Grant Thornton LLP to independently review the current arrangements with the intention of evaluating the options available to the Council for management of the Monument when the existing lease expired.

 

This review was now complete and the Grant Thornton report, attached at
Appendix 1, examined the options for a new lease agreement as well as the options for Stirling Council either bringing the management of the Monument in-house or leasing out to a third party other than SDT.

Taylor Ferguson of Grant Thornton was present.

 

The Senior Manager and Mr Ferguson responded to a number of questions and
requests for points of clarification from Members.

 

Motion – Exempt in terms of Paragraph 9 of Part 1 of Schedule 7A of the Local
Government (Scotland) Act 1973.

 

Moved by Councillor Scott Farmer, seconded by Councillor Danny Gibson.

 

Decision

 

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

 

(Reference: Report by Senior Manager – Economic Development & Communities dated 20 September 2019, submitted)

 

SC245 THINKWHERE INVESTMENT UPDATE

 

The Chief Officer – Finance introduced a report which updated Council on the current positionon its investment in thinkWhere Limited, and in particular the process for potential divestment or partial divestment of the Council’s shareholding.

 

thinkWhere was incorporated as a limited company, then known as Forth Valley GIS Ltd in July 2007. It was previously the in-house Geographical Information Services (GIS) provided for the three Forth Valley Councils, working on a shared service basis and based in Stirling. Falkirk, Stirling and Clackmannanshire Councils were founding shareholders, with Clackmannanshire transferring its shares to Falkirk and Stirling Councils in 2015.

 

The report provided details of the outcome of commercial negotiations. It was noted that details of any return of the Council’s investment could not be determined with any certainty at this stage.

 

Council was invited to delegate to officers to progress possible deal negotiations.

 

Decision

 

The Council agreed:-

 

1. to note the current position of the Council’s investment in thinkWhere
   Limited; and

2. to delegate responsibility to negotiate and potentially conclude a deal with external investors, to the Chief Executive, Chief Finance Officer and Chief Governance Officer in consultation with the Leader and Depute Leader of the Council and the Leader of the opposition group.

(Reference: Report by Chief Officer – Finance dated 25 September 2019 submitted) The Provost declared the Meeting closed at 2.40 pm

APPENDIX 1

 

QUESTION 1

 

QUESTION FROM COUNCILLOR ROBERT DAVIES FOR ANSWER BY THE LEADER OF
THE COUNCIL AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 3
OCTOBER 2019.

 

Question

 

Section 2.2 of the BVAR contains 10 recommendations. One of them recommends Councillors increase attendance at training courses but what is the point of being trained if some Councillors are not asked to serve in any of the 190 appointed positions?

 

Indeed given that there are 23 elected member but only 22 fill these 190 roles is he absolutely confident that all these positions are filled in total compliance to the Council’s Equality and Diversity policy that promotes;

 

Fairness
Dignity
Respect

And Equal Opportunity?

 

Since some members sit on as many as 10 committees and one member sits on none is he not concerned that some members are overloaded with commitments while others are not being fully utilized?

 

Would it not help the public to see which elected members are discharging their duties in full if the Council compiled an attendance register for committees and briefings?

 

Answer

 

As set out in the Council’s Scheme of Delegation, appointment of Members to Committees, Joint Boards, external organisations or to represent the Council on other bodies where power is not expressly delegated to a Committee is a power reserved to Council. Accordingly, when a Committee is first established or a vacancy occurs, a report will be presented to Council, inviting Members to make appointments to the Council’s decision making structure. The appointments process is carried out in a democratic manner in full compliance with governance procedures, however the decision is ultimately a political one.

 

Each Member recognises their level of availability and capacity to undertake any role to which they have been appointed, which will be different for each individual.

 

Attendance by Elected Members is recorded within the minutes of each meeting, which are publicly available.

QUESTION 2

 

QUESTION FROM COUNCILLOR ALISTAIR BERRILL FOR ANSWER BY THE CONVENER OF ENVIRONMENT AND HOUSING COMMITTEE AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 3 OCTOBER 2019.

 

Question

 

Forthcoming changes to Stirling-Balfron-Glasgow bus services are causing considerable concern in rural communities. What plans does the administration have to extend availability of the DRT service in order to compensate for some of the gaps in the new timetable?

 

Answer

 

First Scotland East is introducing a new timetable on 21 October 2019 which will see the number of journeys operating between Stirling and Balfron, increase from 10 to 11 in each direction on the Monday to Friday services. On Saturdays, due to low passenger numbers, there will be a reduction in the number of journeys from 10 to 9 in each direction with the frequency being reduced to every 2 hours.

 

There are currently no plans to increase the Council’s DRT provision as a result of the timetable changes made by First Scotland East. However officers will closely monitor performance of the routes in this area with the local community.

 

Officers are also pursuing a number of rural pilot schemes to further improve the mobility of rural areas.

 

QUESTION 3

 

QUESTION FROM COUNCILLOR ROSS OXBURGH FOR ANSWER BY THE CONVENER
OF ENVIRONMENT AND HOUSING COMMITTEE AT THE FULL COUNCIL MEETING TO
BE HELD ON THURSDAY 3 OCTOBER 2019.

 

Question

 

When was the last assessment of the energy efficiency of the Old Viewforth building carried out and what were the results?

 

Answer

 

The previous energy assessment of Old Viewforth was undertaken in March 2017, this identified the building as a C rated building.

 

The building uses a biomass system as the main heating fuel.

 

Recommendations within the assessment to improve the efficiency of the building included converting existing lighting to LEDs. This has been completed in a number of rooms within the building, with the remaining rooms planned to be converted as part of the council’s programme of LED upgrades over the next 2 years. Other recommendations related to the installation of secondary glazing.

 

Officers are also developing a wider programme of building improvements to reduce energy consumption across the council estate.

 

QUESTION 4

 

QUESTION FROM COUNCILLOR JEREMY MCDONALD FOR ANSWER BY THE
CONVENER OF FINANCE AND ECONOMY COMMITTEE AT THE FULL COUNCIL
MEETING TO BE HELD ON THURSDAY 3 OCTOBER 2019.

 

Question

 

What is the progress of rolling out business hubs across the rural areas?

 

Answer

 

2 of the rural business hubs have been launched and are operating successfully.

 

Strathard Business Hub officially launched in September 18. 15 businesses have signed up as fee-paying members, making the hub fully sustainable. This includes a number of businesses in the digital technology and tourism sectors.

 

The hub is also used by Business Gateway to deliver drop-in advisor support on a monthly basis. Events, meetings and seminars have also taken place in the hub, including a tourism course run by booking.com, social media workshops and a supplier development forum.

 

Drymen Hub officially opened in May 2019. Initial take up has been strong with a number of businesses already signed up.

 

Again, the hub is used to deliver Business Gateway drop-in advisor support on a monthly basis and events and seminars have been delivered in the hub.

 

Construction at Balfron Hub is under way and expected for completion December 2019. A number of businesses are provisionally signed up as fee-paying members.

 

Construction at Fintry Business Hub is under way and expected for completion January 2020. A number of businesses are provisionally signed up as fee-paying members.

 

Business cases are currently being developed for further hubs in Callander and Balquhidder.

 

Supplementary Question and Answer

 

Councillor McDonald thanked the Convener of the Finance & Economy Committee for her response and asked what could be done in the rural area.

 

The Convener advised that she would discuss this with officers.

 

QUESTION 5

 

QUESTION FROM COUNCILLOR BRYAN FLANNAGAN FOR ANSWER BY THE
CONVENER OF COMMUNITY PLANNING AND REGENERATION COMMITTEE AT THE
FULL COUNCIL MEETING TO BE HELD ON THURSDAY 3 OCTOBER 2019.

 

Question

 

When will a date be announced for the running of the 2020 Stirling Marathon?

 

Answer

 

Following approval at the Community Planning and Regeneration Committee on 5 September 2019, Council Officers are working with an Event Organiser to agree terms on a new Stirling Marathon event for 2020. Further details will be announced after this process has concluded.

 

Supplementary Question and Answer

 

Councillor Flannagan thanked the Convener of the Community Planning and Regeneration Committee for his answer and asked if there was any update as people needed to prepare.

 

The Convener advised that an announcement would be made within the next couple of weeks but that the date was likely to be later in the year than previous events.

 

QUESTION 6

 

QUESTION FROM COUNCILLOR ALASTAIR MAJURY FOR ANSWER BY THE
CONVENER OF ENVIRONMENT AND HOUSING COMMITTEE AT THE FULL COUNCIL
MEETING TO BE HELD ON THURSDAY 3 OCTOBER 2019.

 

Question

 

What plans are there to return the area around Dunblane Train Station to a more inclusive access friendly location for rail and taxi users?

 

Answer

 

Following concerns raised by the Stirling Area Access Panel regarding access to disabled parking and taxi rank provision at Dunblane Railway Station, Council officers met with representatives of the Panel and Network Rail to review the layout. The provision of new bays adjacent to the Station entrance which are within 25m of the entrance have been agreed. These changes will be implemented as part of the wider improvements within the Dunblane Community.

QUESTION 7

 

QUESTION FROM COUNCILLOR DOUGLAS DODDS FOR ANSWER BY THE
CONVENER OF FINANCE AND ECONOMY COMMITTEE AT THE FULL COUNCIL
MEETING TO BE HELD ON THURSDAY 3 OCTOBER 2019.

 

Question

 

The Allan Lodge Care Home on Castleview Drive, Bridge of Allan, has been empty for a considerable time. What decisions have been made regarding the future of the building?

 

Answer

 

The site was originally identified as surplus following the development of the Stirling Care Village and the closure of Allan Lodge Care Home. Officers have explored alternative operational or community uses for the site, and are currently assessing the site viability for development of affordable housing. This assessment will be complete within the next 3 weeks and a decision made on the site thereafter. If the site is not progressed for affordable housing, it will be offered for sale on the open market.

 

Supplementary Question and Answer

 

Councillor Dodds thanked the Convener of the Finance and Economy Committee for her response and requested further information on examples of what options had been explored.

 

The Convener advised that she would follow this up with officers.

QUESTION 8

 

QUESTION FROM COUNCILLOR MARTIN EARL FOR ANSWER BY THE CONVENER
OF CHILDREN AND YOUNG PEOPLE COMMITTEE AT THE FULL COUNCIL MEETING
TO BE HELD ON THURSDAY 3 OCTOBER 2019.

 

Question

 

Are the music tutor posts in the Music Tuition Service at Stirling Council covered by the same conditions for temporary cover to be provided during absences for maternity leave and long term sickness as class teachers?

 

Answer

 

Absence cover is provided for class teachers on maternity leave and long term sickness to ensure that children receive teacher contact time of 25 hours per week in primary schools and 27½ hours in secondary schools.

 

When possible, absence cover for music tutors is provided to support continuity of service delivery. As music tuition is not a mandatory service, temporary cover is not prioritised over cover for class teachers, when budgets are under pressure.

 

Supplementary Question and Answer

 

Councillor Earl thanked the Convener of the Children and Young People Committee for her response and asked whether temporary cover should be mandatory.

 

The Convener confirmed that provision of temporary cover was a priority, but not mandatory.

QUESTION 9

 

QUESTION FROM COUNCILLOR NEIL BENNY FOR ANSWER BY THE LEADER OF THE COUNCIL AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 3 OCTOBER 2019.

 

Question

 

Will the Leader of the Council tell the people of Stirling on what date savings proposals for the 2020/21 Budget be made public?

 

Answer

 

Engagement with the public will continue throughout the coming months, and that engagement will help to inform Members what the relative priorities of our citizens will be during this time of significant public sector spending constraint.

 

Officers are developing proposals to address the forecast significant budget gap for 2020/21, which will ultimately be considered by Members at the February 2020 budget meeting.

 

Proposals will be made available to the public when the reports are published prior to the Council budget meeting.

 

Supplementary Question and Answer

 

Councillor Benny thanked the Leader of the Council for his response and asked whether any specific proposals would be shared with community groups before Christmas.

 

The Leader of the Council advised that public engagement would continue.

APPENDIX 2

 

MEETING of the STIRLING COUNCIL to be held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on THURSDAY 3 OCTOBER 2019

 

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

 

1. Complying with Policy when Visiting Educational Establishments

   In response to numerous breaches of the ‘Working with Elected Representatives, the Media and External Organisations – Guidance for Educational Establishments’ policy which states:

    

   “All elected representatives visiting an educational establishment must not wear or display any political badge or insignia that identifies a particular political party either in the building or within the boundary of the grounds surrounding it.”

    

   All elected members agree the importance of adhering to this policy.

    

   Answer

    

   At the Children and Young People Committee on 10 January 2019, guidelines on “Working with Elected Representatives, the Media and External Organisations” were approved.

    

   Within the introduction section, on page 4, it is stated that:

    

   “Any elected representatives visiting an educational establishment must not wear or display any political badge or insignia that identifies a particular political party either in the building or within the boundary of the grounds surrounding it.”

    

2. Climate Emergency

Stirling Council recognises the immediacy of the current climate emergency and we will use our powers to enforce, promote and engage with residents, traders and businesses in the Stirling Council area to reduce carbon throughout the Stirling Council area.

 

Council reaffirms its commitment to protecting the ecology and our environment and is seeking to accelerate its own plans to reduce carbon emissions to zero as soon as practicable.

 

We therefore seek to accelerate the development of action plans around: Clean Energy, Sustainable Transport, The Circular Economy, and our Natural Environment. Actions must focus on reducing our carbon consumption as well as focussing of resilience and developing a climate ready infrastructure.

 

Stirling is already driving forward major innovative low carbon projects such as the renewable heat project at Forthside; The Walk Cycle, Live Stirling active travel link; The Solar Canopies Green Energy Hub at Castleview Park and Ride and we can and must do more.

We have uniquely signed up with SEPA to our Sustainable Growth Agreement, which commits us to working toward a one planet prosperity.

 

This motion requires Senior Managers of the Council to develop an agenda and
report back to Council in February 2020 with actions for real and Sustainable
progress.

 

A further report will be considered at the November Environment and Housing
Committee, outlining immediate actions to be undertaken.

 

Answer

 

The Inter-governmental Panel on Climate Change (IPCC) produced a report in
October 2018 advising that the amount of greenhouse gases in our atmosphere needed to reduce significantly by 2030 to prevent catastrophic climate change. This prompted an increase in calls from young people, environmental groups, and wider society to declare a global climate emergency and to take urgent action to respond to the challenge.

 

Since then, both the UK and the Scottish Government have declared a climate
emergency and there is strong consensus across political parties, generations and sectors that a step change is needed in activity to tackle this challenge.

 

Stirling Council began monitoring and reporting its greenhouse gas emissions
reduction in 2006/07. Corporate emissions have since reduced by 42.4% (meeting and exceeding the Council’s 2021 target 2 years early), while area-wide emissions also reduced by 35%.

 

Although emissions have been falling, Stirling is still over-reliant on the fossil fuels that are a major contributor to climate change. Recognising the current climate emergency and committing to develop action plans around the key themes of Clean Energy, Sustainable Transport, The Circular Economy and our Natural Environment will enable the council to re-focus appropriate actions across policy, spending, procurement, planning, infrastructure development and service delivery activities to address the challenges and meet national targets.

 

Our response to the climate challenge needs to be two-fold, involving increased efforts to reduce emissions while also building resilience for climate adaptation to manage the environmental changes already occurring. There are a number of tools, guidance and organisations already in place to support the Council in tackling the climate emergency. These range from government legislation, statutory guidance and environmental programmes to reduce emissions and increase adaptation. The Public Bodies’ Climate Change Reporting Duties annual report provides an existing method for tracking and reporting Council’s progress, the next annual update will be reported at the November Environment and Housing Committee.

 

Delivering a sufficient response across the Stirling area to the climate emergency will be challenging, requiring action across all Council services and significant collaboration with the wider public sector, our voluntary and business sectors and our communities. However, the changes required will also provide significant opportunities for Stirling to modernise and transform the local area and maximise the economic benefits through the development of a more circular local economy, whilst enhancing our natural environment.