STIRLING COUNCIL

 

MINUTES of MEETING of STIRLING COUNCIL held as a VIRTUAL MEETING by

MICROSOFT TEAMS on THURSDAY 24 JUNE 2021 at 10.00 AM

 

Present:

Provost Christine SIMPSON (in the Chair)

 

Councillor Maureen BENNISON
Councillor Neil BENNY
Councillor Alistair BERRILL
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 Jane HUTCHISON
CouncillorChris KANE
Councillor Alison LAURIE

Councillor Alasdair MacPHERSON
Councillor Alastair MAJURY
Councillor Jeremy McDONALD
Councillor Susan McGILL
Councillor Ross OXBURGH
Councillor Jim THOMSON
Councillor Alasdair TOLLEMACHE
Councillor Evelyn TWEED

 

In Attendance

 

Carol Beattie, Chief Executive

Annemargaret Black, Clackmannanshire & Stirling Health & Social Care
Partnership/Integrated Joint Board

Jim Boyle, Chief Officer – Finance
Stephen Clark, Chief Officer – Housing

Martin Dalziel, Team Leader for External Communications
Linda Devine, Senior Accountant

Lisa Dunlop, Service Manager Organisational Development
Graeme Forrester, Lead Solicitor - Governance

Pamela Forsyth, HR Advice & Policy Manager
Liz Fraser, Policy Officer

Charlie Haggerty, Legal Manager

David Hopper, Public Transport & Sustainable Development Manager
Drew Leslie, Senior Manager – Infrastructure

Bruce McClure, Senior Manager – City Region Deal
David McDougall, Governance Officer

Gillian McKenzie, Accountant

Isabel McKnight, Chief Operating Officer – Communities & Performance
Sean Moffat, Assistant Analyst

Bryony Monaghan, Interim Head of Education (Chief Education Officer)
George Murphy, Accounting Operations Manager

Stuart Oliver, Senior Manager – Economic Development & Communities
Bruce Reekie, Senior Manager – Environment & Place

Brian Roberts, Chief Operating Officer – Infrastructure & Environment
Marie Valente, Senior Manager (Chief Social Work Officer)

Gregor Wightman, Property & Private Sector Housing Manager
Julia McAfee, Chief Officer - Governance (Clerk)

Louise McDonald, Committee Officer (Minute Taker)

Islay Moore, Support Officer – Governance‌

 

Also in Attendance

 

Jorge Iguzquiza, Petitioner

 

Recording of Meeting started

 

Prior to the commencement of business, the Provost welcomed and thanked everyone for attending the meeting via MS Teams. A statement was read to the meeting providing detail on the procedures related to MS Teams and the protocols that both Members and Officers should adhere to throughout the meeting. Members were advised that they would be limited to two questions per item at this meeting.

 

The Provost asked the Clerk to carry out a roll call of all Members participating in the meeting. The Clerk confirmed all Members were in attendance except for Councillor Robert Davies.

 

SC412 APOLOGIES

 

There were no apologies submitted.

 

SC413 DECLARATIONS OF INTEREST

 

Councillor Margaret Brisley and Councillor Alison Laurie declared a non-financial interest in item SC430 “Stirling Development Agency – Revised Joint Venture and Development Agreements” as Members of the Board. Councillor Evelyn Tweed declared an interest as a Member of the Scottish Parliament. Councillor Alasdair Tollemache declared a non-financial interest in item SC422 “Health & Social Care Partnership Supplementary Budget Allocation” as the Chair of Town Break.

 

SC414 URGENT BUSINESS

 

The Provost noted that given the urgent need for the Council to consider the
Appointment of Director to the Board of thinkWhere Limited there were special
reasons as to why the matter should be treated as Urgent Business. The relevant report would be considered at the end of the agenda before the exempt business.

 

SC415 MINUTES

 

The following minutes were submitted for approval:-

 

1. Stirling Council – 29 April 2021
   Decision

   The Minutes of the Stirling Council Meeting held on 29 April 2021 were agreed as an accurate record of proceedings.

2. Stirling Council – Special – 27 May 2021
   Decision‌‌‌

   The Minutes of the Stirling Council Special Meeting held on 27 May 2021 were agreed as an accurate record of proceedings.

    

3. Stirling Council – Special– 31 May 2021
   Decision

   The Minutes of the Stirling Council Special Requisition Meeting held on
   31 May 2021 were agreed as an accurate record of proceedings.

    

4. Local Review Body – 2 June 2021
   Decision

   The Minutes of the Local Review Body held on 2 June 2021 were agreed as an accurate record of proceedings.

    

5. Local Review Body - Reconvened – 2 June 2021
   Decision

        The Minutes of the Local Review Body - Reconvened held on 2 June 2021
        were agreed as an accurate record of proceedings.

 

Councillor Robert Davies joined the meeting

 

SC416 WRITTEN QUESTIONS

 

9 written questions had been received in terms of Standing Order 30. 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.

 

SC417 QUESTION TIME

 

In terms of Standing Order 37, 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 minutes on the agenda for approval.

 

The following questions were put:-

 

Councillor Douglas Dodds - Minutes of Stirling Council on 29 April 2021 (SC395

- Question regarding Parking Enforcement Officers working practices)

Councillor Jim Thomson advised that the service was not yet up to full complement but he would obtain detail and provide to Councillor Dodds

 

Councillor Jeremy McDonald - Minutes of Stirling Council on 29 April 2021
(SC400 - Question regarding Community Council Support)

 

Councillor Chris Kane confirmed that Community Councils could access support when they required it.

 

Councillor Ross Oxburgh - Minutes of Stirling Council on 29 April 2021 (SC401

- Question regarding Alcohol Byelaw implementation)

 

Councillor Danny Gibson advised that he would obtain detail on when Scottish
Government would implement and provide to Councillor Oxburgh.

 

Councillor Neil Benny - Minutes of Stirling Council on 29 April 2021 (SC404 -
Question Directorships on Boards)

 

Councillor Scott Farmer advised that this was kept under active review and if there were particular issues facing Arms-Length Companies where the Council required to bolster representation then due consideration was given. There was a requirement to have Elected Members on boards to oversee that direction was aligned with the Councils vision and priorities.

 

SC418 DEPUTATION PETITION

 

A petition had been received asking Council to introduce a Deputation Policy. This report provided information on the use of deputations in other local authorities to enable Members to determine how best to deal with the petition in terms of the options available to them in the Scheme of Delegation.

 

The Petitioner, Jorge Iguzquiza was in attendance and provided a statement in
support of his petition.

 

Members welcomed the petition and were in support of introducing a procedure to enable deputations to be considered. .

 

Councillor Scott Farmer moved the recommendations and proposed to refer the petition to the Chief Officer-Governance, in consultation with the Leader and Depute Leader of Council, Leader and Depute Leader of the Opposition and Councillors Davies, Bennison and Tollemache to consider the implementation of the petition and report back to a future meeting of Council.

 

Councillor Neil Benny seconded the proposal.
Council was in full agreement.

Decision

 

Council agreed to:

 

1. note the information provided in the report; and

2. refer the petition to the Chief Officer-Governance, in consultation with the Leader and Depute Leader of Council, Leader and Depute Leader of the Opposition and Councillors Davies, Bennison and Tollemache to consider the introduction of a procedure to enable deputations to be considered and report back to a future meeting of Council.‌

 

(Reference: Report by Chief Officer - Governance, dated 27 May 2021, submitted).

 

SC419 APPOINTMENTS TO COMMITTEES, PANELS AND EXTERNAL
ORGANISATIONS

 

The report invited Council to appoint Members to fill a number of vacancies which had arisen on Committees, Panels and external organisations and also to agree a number of changes to current Committee appointments. This was a power reserved to Council in terms of the scheme of delegation.

 

Nominations from the Administration and Opposition for a number of appointments were set out within Appendix 1 to the report and also within a supplementary list which was provided in advance of the meeting.

 

Table 1 contained the roles previously held by the late Councillor Graham Lambie. Councillor Benny advised that Councillor Jane Hutchison was nominated to fill the position on Mugdock Country Park Management Committee and Councillor Bryan Flannagan was nominated to fill the position on the Stirlingshire Educational Trust.

 

Councillor Scott Farmer proposed and Councillor Danny Gibson seconded. Council agreed.

 

Table 2 contained the roles previously held by Councillor Evelyn Tweed. Councillor Scott Farmer was nominated to fill the position of Public Safety Committee Convener.

 

Councillor Scott Farmer proposed and Councillor Danny Gibson seconded. Council agreed.

 

Table 3 contained the changes proposed within the Labour Group.

 

Councillor Chris Kane proposed and Councillor Danny Gibson seconded. Council agreed.

 

Table 4 contained the changes proposed within the Conservative Group.

 

Councillor Neil Benny proposed and Councillor Martin Earl seconded. Council
agreed

 

The supplementary list contained the additional changes required to appointments.

 

Councillor Scott Farmer proposed and Councillor Danny Gibson seconded. Council agreed.

 

Decision

 

Council agreed to:

1. appoint the nominated Members to the roles previously held by Councillor Graham Lambie, as set out in Table 1, with inclusion of Councillor Jane Hutchison to Mugdock Country Park Management Committee and Councillor Bryan Flannagan to Stirlingshire Educational Trust;‌‌‌‌

2. appoint the nominated Members to the roles previously held by Councillor Evelyn Tweed, as set out in Table 2;

3. appoint Councillor Scott Farmer to the role of Convener of the Public Safety Committee;

4. appoint the nominated Members as set out in Table 3;

5. appoint the nominated Members as set out within Table 4; and

6. appoint the nominated Members to the roles recorded on the supplementary list of vacancies.

 

(Reference: Report by Chief Officer - Governance, dated 15 June 2021, submitted).

 

SC420 CLIMATE AND NATURE EMERGENCY PLAN

 

Stirling Council formally recognised the Climate and Nature Emergency on 3
October 2019. Council agreed at a meeting on 5 March 2021, that a draft Climate and Nature Emergency Plan be brought back for adoption. This Plan would be developed, following consideration by a Member Officer Working Group and with public consultation.

 

The consultation took place from March 2021 and closed on 4 May 2021.
Consultation feedback had now been incorporated into the final Plan, in consultation with the Member Officer Group. The final Plan was attached for consideration, comment and approval.

 

Members agreed that the composition of the Climate Change Group was to include those members who had been members of the member officer working group but that Councillor Jane Hutchison would replace Councillor Neil Benny. .

 

Councillor Jim Thomson proposed the recommendations and Councillor Danny
Gibson seconded.

 

Decision

 

Council agreed to:

1. the changes to the draft Climate and Nature Emergency Plan as outlined in the report;

2. approve the draft Climate and Nature Emergency Plan;

3. the establishment of the Climate Change Group to meet monthly up to 31 March 2022, with the composition to be the current Members who are part of the Member Officer Working Group with the exception of Councillor Neil Benny who was to be replaced with Councillor Jane Hutchison;

4. that regular updates are brought to the Environment & Housing Committee to report progress on delivery of the Climate and Nature Emergency Plan; and

5. note that the Council was now a signatory to the Edinburgh Declaration, as of January 2021.

(Reference: Report by Senior Manager - Infrastructure, dated 30 May 2021,
submitted).

 

SC421 COVID-19 RECOVERY PLAN

 

At the meeting of Stirling Council on 11 March 2021, the Council approved the
establishment of a Member Officer Group with the remit to draft a Recovery Plan for Stirling. The Recovery Plan was presented for approval.

 

Following a discussion on the impact on children and their family time, officers
agreedto provide Councillor Bennison with further information.

 

Members thanked officers for their continued engagement during the pandemic and the herculean effort by all.

 

Councillor Scott Farmer proposed the recommendations and Councillor Chris Kane seconded.

 

Decision

 

Council agreed to:

1. note the contents of the draft Recovery Plan; and

2. approve the draft Recovery Plan.

 

(Reference: Report by Chief Executive, dated 15 June 2021, submitted).

 

Councillor Evelyn Tweed left the meeting

 

SC422HEALTH & SOCIAL CARE PARTNERSHIP SUPPLEMENTARY BUDGET
ALLOCATION

 

Following on from the Council budget meeting on 11 March 2021, further
consideration of the budget for the Clackmannanshire & Stirling Health & Social Care Partnership (HSCP) was required. This was in line with the decision of the Council at that meeting to set aside a maximum sum of £0.6M to cover potential further budget funding to the partnership, due to the partnership’s budget position not having been finalised at that time and the fact that the two other partners had not yet made budget decisions.

 

The report took into account further reports that had been considered by the
HSCP’s Board, including confirmation of the budget transfers by the other two
partners, Clackmannanshire Council and NHS Forth Valley.

 

Councillor Margaret Brisley proposed the recommendations and Councillor Alison Laurie seconded.

 

Decision

 

Council agreed to:

1. approve the transfer of a further sum of £0.29M to the Clackmannanshire & Stirling Health & Social Care Partnership to meet the 2021/22 pay award , funded from the sum of £0.6M approved to be set aside by the Council for that purpose;‌‌‌‌‌‌

2. approve that the remaining sum of £0.310M be retained as a corporate
   contingency budget.

 

(Reference: Report by Chief Officer - Finance, dated 15 June 2021, submitted).

 

SC423 STIRLING COUNCIL 5 YEAR BUSINESS PLAN AND STRATEGIC WORKFORCE
PLAN

 

The purpose of the report was to provide an overview and to seek approval for
Stirling Council’s refreshed Five Year Business Plan and Strategic Workforce Plan (2021-2026). A draft of the political forward was also provided to Members before the start of the meeting. .

 

Following a Member query on why the number of households with internet had
decreased, officers advised that they would provide detail on the internet access figures to Councillor Earl.

 

It was highlighted that there would be full review of indicators.

 

Councillor Scott Farmer proposed the recommendation with the inclusion of the political forward and Councillor Chris Kane seconded.

 

Decision

 

Council agreed to approve the Five Year Business Plan and the Strategic Workforce Plan with inclusion of the political forward.

 

(Reference: Report by Chief Operating Officer – Communities & Performance, dated 1 June 2021, submitted).

 

SC424 RISK MANAGEMENT POLICY

 

The purpose of the report was to inform Members of the revised Risk Management Policy and to seek their approval for publication.

 

Councillor Margaret Brisley proposed the recommendation and Councillor Alison Laurie seconded.

 

Decision

 

Council agreed to approve the revised Risk Management Policy.

 

(Reference: Report by Chief Officer - Finance, dated 1 June 2021, submitted).

 

At 12.15pm the Council agreed to adjourn in terms of Standing Order 74

 

Recording of meeting was stopped

The Meeting reconvened at 12.45pm with all Elected Members (previously noted) present, with the exception of Councillor Evelyn Tweed

 

Recording of meeting started

 

SC425 STIRLING WATERFRONT AND STEADFAST HOMES

 

The purpose of the report was to seek Council approval to refinance the current portfolio of Mid-Market Rent (MMR) properties currently owned by Steadfast Homes LLP and Stirling Waterfront LLP that would attract Scottish Government grant funding and would secure the long term provision of the properties and provide security of tenure for all current Mid-Market Rent tenants.

 

The proposal required Stirling Council to adopt a new Member Agreement for
Steadfast Homes LLP and set up a new LLP that would act as the “second member” of the re-purposed Steadfast Homes. The re-purposed Steadfast Homes LLP would provide a mechanism to expand the portfolio of Mid-Market Rental properties as and when opportunities arise. There remains a demand for this form of affordable housing tenure.

 

Councillor Alasdair MacPherson proposed the recommendations and Councillor
Danny Gibson seconded.

 

Decision

 

Council agreed to:

1. note the contents of the report detailing the circumstances surrounding the proposed restructuring of the Council’s Mid-Market Rent property holding;

2. the transfer of sixteen Mid-Market Rent properties owned by Stirling Waterfront LLP to Steadfast Homes LLP and thereafter agree to the winding up of Stirling Waterfront LLP;

3. seek Scottish Ministers Consent for Stirling Council to on-lend Public Works Loan Board borrowing to Steadfast Homes for the refinancing of the Mid Market Rent Portfolio;

4. the Strategic Housing Account retaining a £430,000 equity stake in the re- purposed Steadfast Homes LLP;

5. note that Officers would investigate options for the Housing Revenue Account equity stake of £1.334M, following further consideration of the financing options;

6. the following:-

   1. approve the repayment of the current capital borrowing balances of both Steadfast Homes LLP and Stirling Waterfront LLP to Stirling Council in full;

   2. delegate authority to the Chief Finance Officer to settle the outstanding pre-existing borrowings of Steadfast Homes and Stirling Waterfront;

   3. approve new Public Works Loan Board borrowing of £10.601M to on-lend to Steadfast Homes LLP under a 40 year maturity loan to refinance the property holding; and

   4. approve the application of the £3.422M of grant funding from the Scottish Government to fund the new financing arrangement outlined above.

7. approve the formation of a new LLP to act as the second member of Steadfast Homes LLP in place of Scottish Futures Trust;

8. delegate authority to the Chief Officer - Housing to appoint appropriate
   individuals to act as members of the board of the Steadfast Homes Limited Liability Partnership and the new LLP where required and following consultation with the appropriate convener, vice convenor, portfolio holder and opposition spokesperson;

9. note that the Chief Officer – Housing would authorise the acquisition of further suitable mid-market rental properties by Steadfast Homes LLP utilising delegated authority under the Chief Executive’s Scheme of Sub-Delegation CCE72 as required; but always subject to (i) The purchase price not exceeding the authorisation limit applicable to the Chief Officer Housing, (ii) appropriate due diligence procedures being undertaken, (iii) the appropriate committee being kept advised of units purchased at each meeting subsequent to any purchase, and (iv) any large or unusual acquisition proposals being remitted to Committee or Council for approval to purchase to be sought; and

10. note the communication strategy with current tenants would provide reassurance that their current legal rights would be retained and that they have onward security of tenure with Steadfast Homes LLP.

 

(Reference: Report by Chief Officer - Housing, dated 27 May 2021, submitted).

 

SC426 MEETING OUR EQUALITY DUTIES 2021 – 25

 

The Equality Act 2010 and the Public Sector Equality Duty requires the Council to publish reports confirming how it had and would continue to meet its statutory equality obligations. The report presented Council with information as how it would continue to meet these obligations

 

Officers responded to a number of questions from Members and provided further detail on items within the report.

 

Councillor Scott Farmer proposed the recommendations and Councillor Chris Kane seconded.

 

Decision

 

Council agreed to:

 

1. approve the Mainstreaming Report 2021 - Service Delivery;

2. approve the Mainstreaming Report 2021 – Employment;

3. approve the Equal Pay Statement 2021;

4. approve the Outcomes Progress Report 2017-21;

5. approve the Proposed Equality Outcomes 2021-25;

6. note further work would be undertaken to develop actions to support delivery of the above equality outcomes, together with monitoring arrangements for these; and

7. instruct officers to publish the above reports.

 

(Reference: Report by Chief Operating Officer – Communities and Performance, dated 31 May 2021, submitted).

 

SC427 STIRLING COUNCIL DRAFT ACCOUNTS 2020/21

 

The report outlined the key features of the financial position displayed in the
2020/21 draft accounts, incorporating a brief overview of the General Fund and Housing Revenue Account (HRA) revenue and capital outturn positions.

 

The report also asked the Council to approve an update to the 2021/22 General Services Capital Programme budget to reflect additional carry forward commitments and virements.

 

Councillor Margaret Brisley proposed the recommendations and Councillor Alison Laurie seconded.

 

Decision

 

Council agreed to:

 

1. note the General Fund and HRA revenue and capital outturn positions as at 31 March 2021;

2. note the position in terms of the Council’s share of the net pension liability of the Local Government Pension Scheme; and

3. approve the updating of the 2021/22 General Services Capital Programme budget to reflect additional carry forward commitments and virements of £10.473M

 

(Reference: Report by Chief Officer – Finance, dated 31 May 2021, submitted).

 

SC428 COMMON GOOD FUNDS & CHARITABLE TRUSTS DRAFT ACCOUNTS 2020/21

 

The report asked the Council to note the draft accounts in respect of the Common Good Funds and Charitable Trusts for the year ended 31 March 2021, and to consider and note progress to-date on the review of the small charitable trusts.

 

Councillor Margaret Brisley proposed the recommendations and Councillor Alison Laurie seconded.

 

Decision

 

Council agreed to:

 

1. note the draft accounts in respect of the Common Good Funds and Charitable Trusts for the year ended 31 March 2021, and

2. note progress to-date on the review of the small charitable trusts.
   (Reference: Report by Chief Officer – Finance, dated 31 May 2021, submitted).

SC429 APPOINTMENT OF DIRECTOR TO THE BOARD OF THINKWHERE LIMITED

 

Councillor Neil Benny declared a non-financial interest as a former employee of thinkWhere.

 

The Council-appointed Director to the Board of thinkWhere resigned on 1 June 2021. The purpose of the urgent report to Council was to ensure that Stirling Council’s interests continued to be represented on the Board of thinkWhere.

 

The report recommended that the Council appoint the Chief Officer – Finance as a replacement Director.

 

Councillor Scott Farmer proposed the recommendation and Councillor Chris
Kane seconded.

 

Decision‌‌

 

Council agreed to approve the appointment of Jim Boyle, Chief Officer - Finance, as the Council’s Director to the Board of thinkWhere Limited.

 

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

 

Recording of Meeting stopped

 

SC430STIRLING DEVELOPMENT AGENCY – REVISED JOINT VENTURE AND AGREEMENTS

 

Stirling Development Agency Limited (“SDA”) is a 50:50 joint venture between
Stirling Council and Cromwell Development Holdings UK Limited (part of the
Cromwell Property Group).

 

A previous report to Council in December 2017 considered options for the review of the arrangements in relation to the SDA, following an external review. Council agreed to review and refresh the property development arrangements that were in place with SDA. Council delegated authority to officers to finalise and implement the new arrangements, including the associated corporate governance arrangements and all related contractual and other documentation.

 

The decisions of Council have not yet been fully implemented; therefore, the paper sought to update delegations from Council to resolve the outstanding matters.

 

Councillor Scott Farmer proposed that Councillor Neil Benny be appointed to
replace the Senior Manager – Economic Development on the Board of the SDA. Councillor Chris Kane seconded. Council agreed.

 

Councillor Chris Kane proposed the recommendations and Councillor Scott Farmer seconded.

Decision

 

Council agreed to:

1. note the previous decision of Council at its meeting in December 2017 in
   respect of the review of the Stirling Development Agency, and the delegations given to officers at that time;

2. note the time period since those decisions were taken, and agree the following updates to the delegations to officers to conclude outstanding matters in relation to the SDA;

3. delegate authority to the Chief Operating Officer - Infrastructure & Environment, the Chief Officer – Governance, and the Chief Officer - Finance to make the necessary arrangements, along with Cromwell Property Holdings, to finalise the relevant agreements, and have these formally adopted by the Board of the Stirling Development Agency within the next 3 months.

4. agree that these agreements would operate for a period of 5 years, and would be reviewed by Council in 2026;

5. agree that the areas of land as set out in paragraph 2.31 of the report would transfer back to the Council,

6. note that officers would bring forward an annual report to the Finance &
   Economy Committee on the activities of the SDA, including an annual update of the rolling 3-year business plan, with the first report to the Committee in November 2021; and

7. appoint Councillor Neil Benny to replace the Senior Manager – Economic
   Development on the Board of the SDA.

 

(Reference: Report by Chief Operating Officer – Infrastructure and Environment, undated, submitted).

 

The Provost declared the Meeting closed at 1.50pm

 

APPENDIX 1

 

Questions in Terms of Standing Order 30