STIRLING COUNCIL

 

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

MICROSOFT TEAMS on THURSDAY 9 DECEMBER 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

 

In Attendance

 

Carol Beattie, Chief Executive

Adam Boey, Service Manager – Business Planning & Performance
Jim Boyle, Chief Officer – Finance

Stephen Clark, Chief Officer – Housing

Hayley Cleland, Leader Officer, Learner Journey, Schools and Learning
Charlie Croft, Marketing & Tourism Manager

Martin Dalziel, Team Leader for External Communications
Lisa Dunlop, Service Manager Organisational Development

Wendy Forrest, Head of Strategic Planning & Health Improvement (HSCP)
Graeme Forrester, Lead Solicitor - Governance

Charlie Haggerty, Legal Manager

Nick Hyde, Service Manager – Strategic Commissioning
Drew Leslie, Senior Manager – Infrastructure

Graham Lyle, Digital, IT & Customer Manager
Julia McAfee, Chief Officer - Governance (Clerk)
Elaine McNicol, Team Leader – Quality Assurance

Isabel McKnight, Chief Operating Officer – Communities & Performance

Steven MacDonald, Service Manager – Economic Growth, Culture, Tourism & Events
Lyndsay MacNair, Covid Recovery Manager

Sean Moffat, Assistant Analyst

Bryony Monaghan, Interim Head of Education (Chief Education Officer)
Islay Moore, Support Officer – Governance

George Murphy, Accounting Operations Manager
Gordon O’Connor, Service Manager - Audit

Stuart Oliver, Senior Manager – Economic Development & Communities
Simon Payne, Procurement Specialist

Bruce Reekie, Senior Manager – Environment & Place
Tom Rennie, Service Manager – Transformation Lead

Brian Roberts, Chief Operating Officer – Infrastructure & Environment
Lesley Sheasby, Team Leader – Quality Assurance

Marie Valente, Senior Manager (Chief Social Work Officer)
Carolyn Wyllie, Head of Community Health & Care (HSCP)
David McDougall, Governance Officer (minutes)

 

Also in attendance

 

Andrew Wallace, External Audit

 

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 Evelyn Tweed.

 

The Provost stated her intention to alter the order of the agenda and took the items in the order noted below.

 

SC454 APOLOGIES

 

Apologies were submitted on behalf of Councillor Evelyn Tweed.

 

SC455 DECLARATIONS OF INTEREST

 

None.

 

SC456 URGENT BUSINESS

 

MEMBERSHIP OF PLANNING & REGULATION PANEL

 

The Provost advised that she was bringing forward an item of urgent business
requested by the Chief Officer – Governance in relation to the membership of the Planning & Regulation Panel.

 

The urgent report from the Chief Officer – Governance advised Council of the
resignation of five members of the Planning & Regulation Panel, which left the
Panel with only four Members, which was below the minimum of five Members
required for the Panel to form a quorum.

 

The issue was considered urgent due to the need to secure the continued
functioning of the Planning & Regulation Panel.

 

Councillor Houston, seconded by Councillor Thomson, moved that Councillor
McGill be appointed as an Administration Member of the Panel. Councillor McGill accepted the nomination.

Councillor Thomson, seconded by Councillor Houston, moved that Councillor
Davies be appointed as an Opposition Member of the Panel. Councillor Davies
accepted the nomination.

 

Councillor Farmer, seconded by Councillor MacPherson, moved that Councillor
Houston be appointed to the vacant role of Vice Chair of the Panel. Councillor
Houston accepted the nomination.

 

Raising a point of order, Councillor Gibson indicated that he would wish to
abstain from the decision relating to the appointment of Councillor Davies to the Panel. The Provost, using her authority under Standing Order 5(c) to determine all questions of procedure where no specific provision was set out, advised that she would put the matter of each proposed appointment to the vote, to allow all Members to vote on each of the proposed appointments as they so wished.

 

Motion

 

“Appointment of Councillor Susan McGill to the Planning & Regulation Panel.”
Moved by Councillor Graham Houston, seconded by Councillor Jim Thomson
On the roll being called, the Members present voted as follows:-

For the Motion (13)
Councillor Maureen Bennison
Councillor Margaret Brisley
Councillor Robert Davies
Councillor Scott Farmer
Councillor Danny Gibson
Councillor Graham Houston
Councillor Chris Kane
Councillor Alison Laurie

Councillor Alasdair MacPherson
Councillor Susan McGill
Provost Christine Simpson
Councillor Jim Thomson
Councillor Alasdair Tollemache

 

Against the Motion (0)

 

Not Voting (9)
Councillor Neil Benny
Councillor Alistair Berrill

Councillor Douglas Dodds
Councillor Martin Earl
Councillor Bryan Flannagan
Councillor Jane Hutchison
Councillor Alastair Majury
Councillor Jeremy McDonald
Councillor Ross Oxburgh

 

The motion was carried by 13 votes to 0 votes, with 9 Members not voting, and accordingly Councillor McGill was appointed to the Planning & Regulation Panel.

Motion

 

“Appointment of Councillor Robert Davies to the Planning & Regulation Panel.”
Moved by Councillor Jim Thomson, seconded by Councillor Graham Houston
On the roll being called, the Members present voted as follows:-

For the Motion (9)

Councillor Maureen Bennison
Councillor Robert Davies
Councillor Scott Farmer
Councillor Graham Houston
Councillor Alison Laurie
Councillor Alasdair MacPherson
Councillor Susan McGill
Councillor Jim Thomson
Councillor Alasdair Tollemache

 

Against the Motion (0)

 

Not Voting (13)
Councillor Neil Benny
Councillor Alistair Berrill

Councillor Margaret Brisley
Councillor Douglas Dodds
Councillor Martin Earl
Councillor Bryan Flannagan
Councillor Danny Gibson
Councillor Jane Hutchison
Councillor Chris Kane
Councillor Alastair Majury
Councillor Jeremy McDonald
Councillor Ross Oxburgh
Provost Christine Simpson

 

The motion was carried by 9 votes to 0 votes, with 13 Members not voting, and accordingly Councillor Davies was appointed to the Planning & Regulation Panel.

 

The proposed appointment of Councillor Houston to the role of Vice Chair of the Planning & Regulation Panel was agreed unanimously without the need for a roll call vote.

 

Decision

 

Council agreed:-

1. to appoint Councillor Susan McGill as an Administration Member of the
   Planning & Regulation Panel;

2. to appoint Councillor Robert Davies as an Opposition Member of the Planning & Regulation Panel; and

3. to appoint Councillor Graham Houston as Vice-Chair of the Planning &
   Regulation Panel.

SC457 MINUTES‌‌

 

The following minutes were submitted for approval:-

 

1. Stirling Council – Special – 21 October 2021Decision

   The Minutes of the Stirling Council Special Meeting held on 21 October 2021 were agreed as an accurate record of proceedings.‌‌

    

2. Stirling Council – Special – 4 November 2021
   Decision

   The Minutes of the Stirling Council Special Meeting held on 4 November 2021 were agreed as an accurate record of proceedings.

    

3. Local Review Body – 8 October 2021
   Decision

   The Minutes of the Local Review Body held on 8 October 2021 were agreed as an accurate record of proceedings.

    

4. Parental Appeals Panel – 22 June 2021
   Decision

The Minutes of the Parental Appeals Panel held on 22 June 2021 were agreed
as an accurate record of proceedings.

 

SC458 WRITTEN QUESTIONS

 

8 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.

 

SC459 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 Jeremy McDonald - Minutes of City Region Deal Joint Committee (Question regarding timescales for implementation of projects)

Councillor Farmer agreed to provide Councillor McDonald with timelines of CRD projects as they currently stood.‌

 

SC460 REPORT ON THE STIRLING COUNCIL CONTRACT STANDING ORDERS

 

The Stirling Council Contract Standing Orders (the “CSOs”) set out the procedure that all officers must follow for seeking, awarding and managing contracts for goods, services and works on behalf of the Council.

 

The purpose of this report was to advise Council of proposed changes to the CSOs and to seek Council’s approval for those.

 

Councillor Brisley advised that she had a motion which she wished to put forward to replace the recommendations contained in the report for this item. Councillor Laurie intimated she would second the motion. The key difference between the new motion and the original recommendations was an amendment to recommendation 1.2 to reduce the Committee approval threshold limit to a £750k contract value as opposed to the existing £1.5m contract value threshold. The motion also sought to add an additional fifth recommendation seeking to delegate authority to the Convener and
Vice Convener of Finance & Economy Committee and relevant opposition
spokesperson, to work with officers to review the Financial Regulations with a report to then be brought to Council.

 

Concerns were raised by senior officers regarding the potential significant impact on Council business of lowering the Committee approval threshold as well as the suggested wording of the additional recommendation suggesting delegated authority to the Convener and Vice Convener of Finance & Economy and relevant opposition spokesperson to review the Financial Regulations.

 

Following discussion regarding the potential impact and concerns around the proposed motion, the Provost agreed to adjourn the meeting to allow Members and senior officers to agree an appropriate proposal to put before Council.

 

The Provost adjourned the meeting at 11.00am

 

The Meeting reconvened at 11:20am, with all Elected Members, previously noted, present

 

Following the adjournment, Councillor Brisley advised that they had now agreed to amend the proposed motion, with a new proposed Committee approval threshold of £1m, and an additional sixth recommendation, to review the decision at the next meeting of full Council, in order to get a sense of the impact of lowering the Committee approval threshold.

 

Following further discussion over concerns regarding the wording of the additional fifth recommendation, Councillor Brisley agreed to amend the wording to the effect that authority would be delegated to the Chief Officer – Finance to review the Financial Regulations, in consultation with Convener and Vice Convener of Finance & Economy and relevant opposition spokesperson, with a report then coming back to Council.

The updated motion proposed by Councillor Brisley and seconded by Councillor Laurie was agreed unanimously.

 

Decision

 

Council agreed to:-

1. approve the proposed amendment of the Council’s Contract Standing Orders, and in particular to note the following changes:-

   1. the change to internal thresholds for service lead purchases from £5,000 to £10,000, while remaining subject to the Quick Quote procedure;

   2. for contracts of a value in excess of £1 Million, approval would be
      sought from the relevant committee or Council in advance of going to the market, providing members with a level of strategic control over the Council’s procurement process which is not currently afforded to them by the CSOs now in force. The contract award would be made by officers following evaluation in line with the award criteria; and

   3. contract awards would be reported to Elected Members via the Bulletin.

2. note that any increase in contract expenditure sought in excess of the initial approved contract value would require further approval from Committee or Council in terms of the Council’s Financial Regulations;

3. note that these Contract Standing Orders would likely require further revision once new Procurement legislation was published by both the UK Government and Scottish Government as a result of the UK leaving the European Union;

4. note that Members would be advised via a Briefing Note to any future changes in the legislative financial thresholds which affect the award of contracts;

5. remit to the Chief Finance Officer to review Stirling Council’s Financial
   Regulations in consultation with the Finance & Economy Convener, Vice-
   Convener and Opposition Spokesperson, with a report to be brought back to a future meeting of Council; and

6. review the decision at the next meeting of Council.

(Reference: Report by Chief Operating Officer – Communities & Performance, dated 14 September 2021, submitted).

 

SC461 GENERAL FUND BUDGET STRATEGY UPDATE

 

This report provided an update on the range of issues that currently affected the financial strategy or that may affect it in future. Although many of the assumptions could not be made with any degree of certainty due to all of the many external influences that affected them, it was still important that the Council had a sense of how each of the assumptions might move in future, and how collectively they would form a picture of what a longer-term outlook may look like. The main purpose of the report was to outline the significant financial challenge the Council faced in both the short and medium term.

 

Decision

 

Council agreed to:

1. note the contents of this update report;

2. use the information contained in the report as the basis for the development of initial budget strategy for 2022-23 and beyond; and‌

3. note that the figures were subject to change following the publication of Scottish Draft Budget on 9 December and Local Government Finance Settlement announcements on 20 December.

(Reference: Report by Chief Officer - Finance, dated 30 November 2021, submitted).

 

SC462 STIRLING COUNCIL 2020-21 ANNUAL PERFORMANCE REPORT

 

This report provided an overview of Stirling Council’s performance against its strategic aims and priorities for 2020-21. The report provided a summary of work undertaken across the last financial year, highlighting achievements and recognising the successes of Council Services. There was also a reflection on the impact of the COVID-19 pandemic.

 

The Annual Report also helped the Council to meet its duty of Best Value, in particular the requirements relating to Public Performance Reporting.

 

In response to a question from a Member regarding support for households facing extreme fuel poverty, the Chief Operating Officer for Communities and Performance confirmed significant resources had been put into support to help maximise individuals’ incomes. There were two officers working alongside partners in the third sector to provide support to individuals.

 

Following a question from a member regarding lack of appropriate wi-fi provision in schools to allow full utilisation of Chromebooks, the Interim Head of Education confirmed that considerable discussions had taken place regarding internet connectivity challenges and work was underway to address these issues. A briefing note on this progress had been provided to Children & Young People Committee Members, where the issue had also been raised and discussed.

 

In response to a request for information, the Chief Operating Officer for Communities and Performance confirmed they would be able to provide Councillor Davies with information relating to deaths and net migration.

 

Decision

 

Council agreed to note the 2020-21 Annual Performance Report which listed
achievements and reports performance against each of the Council’s six strategic priorities.

 

(Reference: Report by Chief Operating Officer – Communities and Performance, dated 15 November 2021, submitted).

 

SC463 STIRLING COUNCIL KEY PRIORITIES – PROGRESS UPDATE

 

This report provided an update on the progress of key priorities and sub-priorities. The Council Five-year Business Plan outlined the six key priorities that would help the organisationachieve the PHAR (Prosperous, Healthy, Achieving and Resilient) outcomes.

Regular tracking and monitoring was in place through the Council’s Performance Management System to ensure there was accountability for the delivery of the service actions underpinning the six key priorities.

 

In response to questions from Members, the Senior Manager for Infrastructure
advised that work was ongoing on the regional energy masterplan which would identify projects for progression. There were also a range of projects coming through the Scottish Cities Alliance. The initial idea of establishing an energy utility company had not progressed as expected following initial business case considerations, but other projects would be taken forward under the regional energy masterplan.

 

In relation to the idea of a community owned private transport company, the Senior Manager for Infrastructure advised that the national picture had changed significantly post-Covid. There had been good progress with in-house ASN transport provision and the introduction of EV vehicles. There had also been good progress in increasing park and ride provision.

 

Responding to a query regarding the financial sustainability of the next bike scheme, the Service Manager for Public Transport & Sustainable Development confirmed this has been a very successful scheme supported by the Council and Transport Scotland along with funding allocated through the Forth Environment Scheme. They were looking to work in partnership with the University of Stirling to make this financially sustainable.

 

In response to a query regarding the possibility of a rent pressure zone, the Chief Officer – Housing advised that this had not been feasible as it was very onerous to implement. So far no local authorities in Scotland had managed to implement a rent pressure zone. There was an awareness at Scottish Government level that this may need to be looked at in future to make it easier for local authorities to consider and implement.

 

Responding to a question from a member, the Chief Officer – Finance confirmed that the output of the fundamental review of fees and charges would come forward as part of budget strategy discussions in advance of the budget-setting meeting.

 

Moving the recommendations in the report, the Council Leader noted his thanks to officers for all their hard work in taking these priorities forward.

 

Decision

 

Council agreed to:-

1. note the progress made towards achievement of the service actions that
   contributed to the delivery of the Council’s Key Priorities by the completed activity at Appendix 1 to the report; and

2. note the actions due for completion in the final quarter of 2021-22.

(Reference: Report by Chief Operating Officer – Communities and Performance, dated 16 November 2021, submitted).

 

Councillor Oxburgh left the meeting during the previous item of business.

SC464 LOCAL GOVERNMENT BENCHMARKING FRAMEWORK (LGBF) 2019-20

 

This report presented the annual Local Government Benchmarking Frameworkperformance indicators for the period 2019-20. The LGBF was a comparative benchmarking framework for use by all 32 Scottish councils providing a set of indicators that covered a range of service areas with an emphasis on costs, outcomes for service users and customer satisfaction.

 

In response to a question from a Member, the Interim Head of Education confirmed significant resources had been put in place for areas of poverty and deprivation in order to support the attainment gap caused by those issues.

Responding to a question from a Member, the Head of Strategic Planning & Health Improvement (HSCP/IJB) confirmed the support being provided to ensure carers felt supported to continue in their role. A lot of work had been done through the carers group and also through the carer transformation plan. They continued to work with carers to look at how best to support them. Progress had not been as quick as initially hoped due to the ongoing emergency covid status.

 

Responding to a query from a Member regarding the cost of pre-school education places, the Interim Head of Education advised that this query had been raised at Children & Young People Committee and a response was being prepared. It was noted that the figures for this did not take into account income generated through the provision of additional places.

 

Responding to a request for information, the Senior Manager for Environment and Place agreed to identify if local authority bridge comparison information was available and to advise Councillor Davies of this.

 

Decision‌

 

Council agreed to:-

1. note that new indicators had been added by the LGBF Board to strengthen the suite of measures for 2019-20, which were detailed in section 1.6 of the report;

2. note the amendments made to existing indicators for 2019-20, which were explained in section 1.7 of the report;

3. note the summary of Stirling Council’s 2019-20 ranked performance compared to all other councils (national rank) and compared to family group councils (family group rank) at Appendix 3 to the report;

4. note the more detailed 2019-20 performance results for each LGBF indicator at Appendix 4 to the report; and

5. note that the LGBF results were published nationally by the Improvement Service and that a link would be published on the Council’s website. The Council’s 2019- 20 results (Appendices 3 & 4 to the report) would be published on the Council website.

(Reference: Report by Chief Operating Officer – Communities and Performance, dated 29 November 2021, submitted).

 

SC465 COVID-19 RESPONSE, RECOVERY AND RENEWAL

 

At the meeting of Stirling Council on 25 March 2021, the COVID-19 Recovery Plan was approved. This report updated Council on the progress of recovery and renewal.

Whilst there had been easing of restrictions, the Council continued to react to the challenges and changing demands for businesses, the Stirling economy and local residents, brought about as a result of the pandemic. The update on progress of the actions within the Recovery Plan was tabled at Appendix 1 to the report.

 

To aid recovery and support the reintroduction of services post COVID-19, it was important that the Council recruited the technical and professional resources required to deliver on the planned approach to recovery. While the pace of recovery would be influenced by national announcements and any further guidance, it was necessary that the Council was proactive in its approach to recruitment.

 

Decision

 

Council agreed to:-

1. note the progress on performance of the COVID-19 Recovery Plan and associated actions as set out in Appendix 1 to the report; and

2. note the deployment of financial resource to support the COVID-19 Recovery Plan.

(Reference: Report by Chief Operating Officer – Communities and Performance, dated 25 November 2021, submitted).

 

SC466 STIRLING COUNCIL’S TRANSFORMATION PROGRAMME‌

 

The purpose of this report was to provide an update on progress on Stirling Council’s Transformation Programme.

 

During 2021 a new Stirling Council Transformation Board was established to oversee the “Vital Few” transformation programmes that were taking place across the Council. This Board was chaired by the Chief Executive and included the Chief Operating Officers and Chief Officers.

 

The vital few programmes included Workplace Recovery; Target Operating Model; ERP; Climate Emergency Planning; Waste Transformation; Social Care Replacement System; and Legal Case Management & Democratic Services Systems. Updates on all of these programmes were provided.

 

Decision

 

Council agreed to note the progress on Stirling Council’s transformation programme;

 

(Reference: Report by Chief Operating Officer – Communities & Performance, dated 11 November 2021, submitted).

 

SC467 CYCLING WORLD CHAMPIONSHIPS – AUGUST 2023

 

This report outlined a significant opportunity to use an event of national and
international significance to help drive Stirling’s recovery from the social and economic impacts of Covid-19 and to significantly contribute to the delivery of several of the Council’s key strategies.

The proposal was that Stirling would host a major cycling event as part of the UCI Cycling World Championships 2023. A programme of activities built around this event would support significant achievement of Stirling’s economic and social objectives.

 

The paper sought authorisation from Council for Senior Officers to proceed with negotiations to secure this event for Stirling and for authorisation to make a funding contribution to the event from Stirling Council General Fund Reserves, should positive contractual terms be agreed.

 

Responding to questions from Members, the Senior Manager for Economic
Development and Communities advised that the route of the event was still to be finalised and consultation was still to take place with communities. It was anticipated that the section of the A811 to be utilised for this event would be closed for the duration. They also aimed to work with a number of parties to make the event as environmentally sustainable as possible, including arrangements for participants and spectators to travel to and from the event.

 

Decision

 

Council agreed to:-

 

1. approve that the Chief Executive enter into negotiations with the UCI with a view to securing this event for Stirling;

    

2. delegate authority to the Chief Executive to negotiate and agree a suitable arrangement to host the event with the organisers of the UCI Cycling World Championships, and within the approved financial parameter as per recommendation 3, in consultation with the Community Planning & Regeneration Convener, Vice-Convener and Opposition Spokesperson;

    

3. approve an allocation of up to £350,000 from Stirling Council General Fund Reserves to secure this opportunity for Stirling and to develop a programme that ensured the wider economic, health and well-being benefits will be delivered; and

    

4. note that regular reporting of progress on this programme would be made to the Community Planning and Regeneration Committee.

    

   (Reference: Report by Senior Manager, Economic Development and Communities, dated 29 November 2021, submitted).

    

   SC468 HYBRID MEETINGS SYSTEM

    

   This report sought the agreement of Council to adopt the practice of hybrid working whereby Council, Committee and Panel meetings could be accessed by participants and members of the public both remotely and in-person and asked Council to approve the delegation of authority to make any consequential amendments to Standing Orders. The report also sought to demonstrate the benefits of a hybrid meetings system in widening access to democracy.

    

   In recognition of recent and ongoing pandemic-related restrictions on in-person meetings, the immediate benefits of widening access to meetings by providing the technical means to enable a degree of in-person attendance while also supporting remote access were easily identifiable. While limitations remained on numbers of people who could appropriately be present in a meeting room, the capacity to enable some in-person attendance would represent a move towards the traditional, in-person meetings of pre-pandemic arrangements.

    

   Enabling hybrid meetings would, in the recovery period, allow for individual members, as well as members of the public, to make personal choices as to how to access Council, Committee and Panel meetings without a reduction in access or capacity to engage. Depending upon the length of the recovery phase, it could be that the introduction of a hybrid system would allow a quicker return for some to in-person meetings rather than the need to wait for a time when full elected member, officer and public in-person access can resume.

   In the longer term, members of the public and elected members would have improved flexibility and choice as to how and when they access Council business, improving access to and engagement with local democracy. This would build upon the improved access already provided to the public as a consequence of the move to record and broadcast meetings.

    

   Decision

    

   Council agreed to:-

    

   1. adopt a hybrid working approach for all Council, committee and panel meetings; and

       

   2. delegate to the Chief Officer – Governance, authority to make any changes required to the Council’s Standing Orders as a consequence of implementing a hybrid meeting system.‌

 

(Reference: Report by Chief Officer – Governance and Chief Operating Officer –
Communities & Performance, dated 16 November 2021, submitted).

 

The Provost adjourned the meeting at 1.30pm in accordance with Standing Order 74 to allow for a comfort break.

 

The Meeting reconvened at 2.00pm, with all Elected Members present as previously noted, with the exception of Councillor Oxburgh.

 

SC469 DEPUTATIONS PROCEDURE

 

At a meeting on 24 June 2021, Council considered a petition which proposed the introduction of a deputations process to enable groups to address Council and Committees. Council determined to delegate to the Chief Officer – Governance, in consultation with the Leader and Depute Leader of the 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 to report back to a future meeting of Council.

 

This report advised Council of the considerations and proposed the introduction of the draft Deputations Procedure which was attached as an appendix to the report.

A Deputations Procedure would provide an additional means of public access to that which was provided by the Petitions Process. Adoption of a Deputations Procedure would provide for public engagement directly with Council or Committee on items of business under consideration at the relevant meeting. The existing Petitions Process allowed for any matter to be brought before Council or a Committee subject to certain criteria being met (for example, in the case of a petition from citizens at least 40 signatures are required).

The proposed Deputations Procedure supported wider access to Council and
Committee business by enabling groups to make a deputation on an item of business which was already scheduled to go to a Committee or Council. Where a group wished to make a deputation, there was no need for further public support to be confirmed, and, subject to limitations set out in the draft procedure, the group would be invited to address the Council or Committee at the relevant meeting.

It was proposed that a 12-month review period would be applied at the end of which officers could consider how the Deputations Procedure had been utilised, and whether the procedure should be amended in light of experience.

 

Decision

 

Council agreed to:-‌

 

1. approve the Deputations Procedure attached as Appendix 1 to the report;

2. approves the inclusion of the Deputations Procedure attached as Appendix 1 to the report in the Council’s Scheme of Delegation;

    

3. delegate to the Chief Officer – Governance authority to amend the Deputations Procedure to take account of any change to meeting arrangements; and

    

4. apply a 12-month review period after which officers would report back to Council on the functioning of the Deputations Procedure along with any proposed amendments.

(Reference: Report by Chief Officer – Governance, dated 16 November 2021,
submitted).

 

SC470 AUDIT COMMITTEE ANNUAL REPORT 2020–21

 

This report presented the Audit Committee Annual Report 2020-21 for consideration by the Council. The Audit Committee approved the Annual Report for submission to the Council at its meeting on 4 November 2021.

Preparation of an Annual Report by the Audit Committee demonstrated compliance with best practice guidance issued by the Chartered Institute of Public Finance & Accountancy (CIPFA) in its publication titled ‘Audit Committees: Practical Guidance for Local Authorities and Police’.

 

This best practice guidance required the Audit Committee to report on its work, at least annually, to the Council (as ‘those charged with governance’) and to demonstrate the performance and discharge of its remit and functions as set out in the Council’s Scheme of Delegation.

Decision‌

 

Council agreed to note and take assurance from the Audit Committee Annual Report 2020-21 at Appendix 1.

 

(Reference: Report by Chief Officer – Governance, dated 15 November 2021,
submitted).

 

SC471 GAELIC LANGUAGE PLAN 2021-2026

 

The purpose of this report was to present to Council the draft Gaelic Language Plan 2021-2026.

 

Under the Gaelic Language (Scotland) Act 2005, Stirling Council had prepared a Gaelic Language Plan. The report, and the draft plan attached as appendix 1 to the report, set out how Stirling Council would support the development of Gaelic culture and language.

 

Decision

 

Council agreed to:-

 

1. note the contents of the Gaelic Language Plan; and

2. approve the draft plan for submission to the Scottish Government.

 

(Reference: Report by Interim Head of Education Schools, Learning and Education, dated 10 November 2021, submitted).

 

SC472 GENERAL SERVICES CAPITAL PROGRAMME 2021/22

 

The purpose of this report was to request Council approval for budget virements within the General Services Capital Programme for 2021/22. In terms of the Council’s financial regulations, a capital budget virement in excess of £250,000 required approval of Council (FR 5.12).

 

The General Services Capital Programme 2021/22 Progress Report presented to Finance and Economy Committee on 25 November 2021, reported an expected underspend and included, within Appendix 2 to that report, a number of options for potential advancement of programme spending.

 

The Committee was asked to discuss this proposed list of additional projects and to make a recommendation to Council for the urgent delivery of these projects. These projects would be considered for funding in 2022/23 or in subsequent years, and a commensurate value of projects deferred from the current financial year would require to be matched against programme resources in the 2022/23 financial year to maintain programme affordability.

 

The roads resurfacing proposals amounted to £300,000, and therefore the Finance and Economy Committee remitted approval for a decision for this virement to a meeting of Stirling Council in terms of paragraph 5.12 of the Financial Regulations.

Decision‌‌‌

 

Council agreed to note and approve the virement of £0.300M in respect of the roads resurfacing projects as detailed at paragraph 2.6 of the report, as recommended by the Finance & Economy Committee at its meeting of 25 November 2021.

 

(Reference: Report by Chief Officer - Finance, dated 29 November 2021, submitted).

 

SC473 COMMON GOOD FUNDS & CHARITABLE TRUSTS AUDITED ACCOUNTS
2020/21

 

This report asked the Council to note the Annual Accounts of the Common Good Funds and Charitable Trusts for the year ended 31 March 2021, and provided an update on the ongoing review of the small charitable trusts administered by the Council.‌

 

Decision

 

Council agreed to note the Annual Accounts of the Common Good Funds and
Charitable Trusts for the year ended 31 March 2021.

 

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

 

SC474 CHARITABLE TRUSTS ADMINISTERED BY STIRLING COUNCIL - REPORT TO CHARGED WITH GOVERNANCE ON THE 2020/21 AUDIT‌

 

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.

 

Decision

 

Council agreed to:-

 

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

    

2. note the content of the ISA 580 Letter of Representation.

 

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

 

SC475 STIRLING COUNCIL AUDITED ACCOUNTS 2020/21

 

This report outlined the key features of the financial position displayed in the 2020/21 audited accounts, incorporating a brief overview of the General Fund and Housing Revenue Accounts (HRA) revenue and capital outturn positions as at 31 March 2021. It also asked the Council to note the Audited Accounts in respect of Stirling Council for the year ended 31 March 2021.

 

Decision

 

Council agreed to note the Annual Accounts in respect of Stirling Council for the year ended 31 March 2021.

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

 

SC476 ANNUAL REPORT TO THOSE CHARGED WITH GOVERNANCE AND THE OF AUDIT FOR FINANCIAL YEAR ENDED 31 MARCH 2021

 

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.

 

Decision

 

Council agreed to:-

 

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

    

2. note the content of the ISA 580 Letter of Representation;

    

3. note the significant audit findings within the Annual Audit Report; and

    

4. note the recommendations for improvement and the follow up on prior year recommendations within the Annual Audit Report.

 

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

 

SC477 MOTIONS IN TERMS OF STANDING ORDER 39

 

1. Bus Service

    

   Whilst understanding the impact of Covid-19 on the delivery of bus services in the Stirling council area, the council recognises the severe impact the unreliable and infrequent services are having on our communities. Council requests the leader of the council:

    

   1. To urgently convene a meeting of representatives of the political parties (represented within the council) and the independent councillor with relevant officers to put together an action plan.

       

   2. To write to the Scottish Government requesting their urgent intervention to protect vital bus services.

 

Signed by Councillor Alasdair Tollemache and Councillor Maureen Bennison

 

Decision

 

Council agreed:-

 

Whilst understanding the impact of Covid-19 on the delivery of bus services in
the Stirling council area, the council recognised the severe impact the
unreliable and infrequent services are having on our communities. Council
requested the leader of the council:

1. To urgently convene a meeting of representatives of the political parties (represented within the council) and the independent councillor with relevant officers to put together an action plan.

    

2. To write to the Scottish Government requesting their urgent intervention
   to protect vital bus services.

 

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
Paragraph 6 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.

 

SC478 ASHFORD HOUSE CARE HOME

 

The purpose of this Report was to provide Council with current information and an update on the situation at the time of writing at Ashford House Care Home.

 

Decision

 

Council agreed to:-

 

1. note the content of this report, and in particular the service implications for the Council given the possible requirement for the Council, via the Health and Social Care Partnership (HSCP) to operate Ashford House Care Home for a minimum nine month period;

    

2. note the potential financial implications for the Council but that this would be partially offset by the termination of payments to Mauricare (Drumpark) Ltd;

    

3. note that officers would work with the landlord of Ashford House Care Home to identify alternative suitable care providers to take over the operation of the home;

    

4. note that officers would develop plans for the decommissioning of the service if no suitable alternative care provider is identified; and

    

5. approve the delegation to the Chief Executive of the following power:-

 

“To determine, in accordance with any policy direction of the Council, a scheme for the payment of such sundry expenses as may be thought necessary by the Chief Executive to retain existing care staff and to help attract job entrants into the care sector.”

 

(Reference: Report by Chief Officer Finance Clackmannanshire & Stirling HSCP & Integration Joint Board, dated 30 November 2021, submitted).

 

The Provost declared the Meeting closed at 3.20pm

APPENDIX 1

 

Questions in Terms of Standing Order 30

 

 

APPENDIX 2

 

Motion in Terms of Standing Order 39
Information/Advice from Officers

 

1. Bus Services

Whilst understanding the impact of Covid-19 on the delivery of bus services in the Stirling council area, the council recognises the severe impact the unreliable and infrequent services are having on our communities. Council requests the leader of the council:

 

1. To urgently convene a meeting of representatives of the political parties (represented within the council) and the independent councillor with relevant officers to put together an action plan.

    

2. To write to the Scottish Government requesting their urgent intervention to protect vital bus services.

 

Signed by Councillor Alasdair Tollemache and Councillor Maureen Bennison

 

Answer
Advice Note

Bus services across the area have experienced reliability issues, which has had an impact on service users that depend on public transport to access work, employment and appointments. Short notice cancellations on commercial routes have resulted in disruption for passengers, with limited communication from operators.

 

All bus services are registered with the Office of the Traffic Commissioner, and it is the role of the Traffic Commissioner to ensure they comply with their registered services and statutory obligations.

 

Stirling Council have no responsibility for the operation of commercial bus services, or any direct influence over these services or the operator.

 

The Council has no power to prevent a commercial operator reducing, or ceasing a commercial service.

 

Operators are required to provide a 70 day public notice period to the Officer of the Traffic Commissioner, before any service can be changed. This includes a 4 week consultation period with the local authority. This notice period can be reduced if support is given by the local authority. Since the end of lockdown restrictions, the Council have not supported any requests for reductions in notification periods where there is a detrimental impact on service users, due to the recognised impacts these reductions have on our communities.

 

Officers from Stirling Council’s Public Transport team have been in regular contact with bus companies to identify areas of concern and understand what action the operators are taking to operate to their published timetables.

The background issues reported by the operators that are contributing to the disruption across commercial services, have been identified as:

 

• A shortage of trained Passenger Carrying Vehicle (PCV) drivers across the industry.

   

• Delay in the Driver and Vehicle Licensing Agency (DVLA) processing licenses.

   

• Higher than normal turnover of drivers.

   

• Staff absence and Covid-19 isolation requirements, occurring at short notice.

 

Stirling Council have no contractual controls over the performance of bus operators or how they deal with their operational challenges.

 

Through this ongoing period of disruption, and during the full period of the pandemic, officers have maintained close liaison with bus service operators; and raised concerns over poor levels of service delivery and the impact on passengers. Officers have sought assurance on actions being taken by the operators, stressing the importance of effective communication with customers and communities. Daily updates are now received from bus service
operators to advise of any short term disruptions, allowing the Public Transport Team at Stirling Bus Station to respond to any customer enquiries and ensure public information is as up to date as possible.

 

Officers will continue to meet with operators on any changes to commercial services, and raise areas of concern on behalf of customers, communities and the Council. However, as noted, the Council are limited to providing comment and raising concerns on any proposed alterations, but cannot prevent the operator from changing their services.

 

Officers note the request in the motion that a Member and officer meeting is arranged, to agree an action plan to address concerns over the impact of unreliable and infrequent services. As highlighted, the Council has no control over these services, therefore the Council would not be able to implement an action plan that would address the current service impacts and concerns. However, work is ongoing to review the regional transport needs of our communities and the links required between with Falkirk and
Clackmannanshire and it would be useful to have this work as the focus for a working group.