N:\DEMSUPP\NEWDECISIONS\SCOUNCIL\MINUTES\SC20140626.DOC

STIRLING COUNCIL

MINUTES of MEETING of STIRLING COUNCIL held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on THURSDAY 26 JUNE 2014 at 10.30 am Present:

Provost Mike ROBBINS (in the Chair)

Councillor Neil BENNY Councillor Alistair BERRILL Councillor Johanna BOYD Councillor Margaret BRISLEY Depute Convener Callum CAMPBELL Councillor Martin EARL Councillor Scott FARMER Councillor Danny GIBSON Councillor Alycia HAYES Councillor John HENDRY

Councillor Graham HOUSTON Councillor Graham LAMBIE Councillor Corrie McCHORD Councillor Ian MUIRHEAD Councillor Steven PATERSON Councillor Mark RUSKELL Councillor Christine SIMPSON Councillor Jim THOMSON Councillor Violet WEIR Councillor Fergus WOOD

In Attendance Jim Boyle, Chief Finance Officer, Governance & Resources Tony Cain, Head of Housing & Customer Service Stewart Carruth, Chief Executive (Designate) Claire Dunbar, Committee Officer, Governance & Resources Liz Duncan, Chief Governance Officer, Governance & Resources (Clerk) Phillip Gillespie, Assistant Head of Service, Social Services Les Goodfellow, Head of Environment Bob Jack, Chief Executive Kristine Johnson, Chief HR Officer David Leng, Head of Education Christine MacLean, Programme Manager, Chief Executive’s Office Jane Menzies, Assistant Head of Service, Social Services Claire Milne, Principal Planning Officer, Economy, Planning & Regulation Peter Morgan, Chief Planning Officer, Economy, Planning & Regulation Liam Purdie, Assistant Head of Service, Social Services John Risk, Head of Assets & Support Kevin Robertson, Head of Economy, Planning & Regulation Val de Souza, Head of Social Services Willie Watson, Head of Governance & Resources Apologies There were no apologies for absence. Announcements

Prior to the formal commencement of proceedings, the Council congratulated Ashley

Cameron for being awarded the Endsleigh NUS Scotland Student of the Year Award

and Nicole Paterson, Land Services Manager, for being awarded the Association for

Public Service Excellence Rising Star Award.

The Provost suggested that in view of public interest in the matter, agenda item 23a (Motion – Murrayshall Quarry, Cambusbarron) be taken after Question Time. This was agreed. SC279 DECLARATIONS OF INTEREST

Councillors Benny, Brisley, Gibson, Robbins, Farmer, Muirhead, Lambie, Thomson and Simpson declared a non-financial interest in agenda item 23a (Motion – Murrayshall Quarry, Cambusbarron) as members of the Planning & Regulation Panel. Councillor Houston declared a financial interest in item 20 (Police Scotland – Traffic Warden Review) as a member of the Scottish Police Authority Board, and advised that he would leave the meeting Chamber during consideration of that item.

SC280 URGENT BUSINESS The Provost advised that an exempt report requesting acceptance of a tender for the provision of housing at Goosecroft Road, Stirling would be tabled for consideration prior to agenda item E24. The tender acceptance deadline meant that this required to be considered as a matter of urgency. A letter from a firm of Solicitors relating to item 18 (Stirling Local Development Plan: Modified Plan and Finalised Supplementary Guidance) was circulated to Members and it was agreed that this would be discussed later in the proceedings.

SC281 MINUTES The following Minutes were submitted for approval:- a. Stirling Council – 1 May 2014

Decision The Minutes of the Meeting of Stirling Council held on 1 May 2014 were approved as a correct record of the proceedings.

b. Local Review Body – 24 February 2014 Decision The Minutes of the Meeting of the Local Review Body held on 24 February 2014 were approved as a correct record of the proceedings.

c. Appeals Panel – 24 February 2014

Decision The Minutes of the Meeting of the Appeals Panel held on 24 February 2014 were approved as a correct record of the proceedings.

d. Appeals Panel – 27 February 2014 Decision The Minutes of the Meeting of the Appeals Panel held on 27 February 2014 were approved as a correct record of the proceedings.

e. Appeals Panel – 24 April 2014 Decision The Minutes of the Meeting of the Appeals Panel held on 24 April 2014 were approved as a correct record of the proceedings.

f. Appointments Panel - 15 May 2014 Decision The Minutes of the Meeting of the Appointments Panel held on 15 May 2014 were approved as a correct record of the proceedings.

g. Appointments Panel - 26 May 2014 Decision The Minutes of the Meeting of the Appointments Panel held on 26 May 2014 were approved as a correct record of the proceedings.

SC282 WRITTEN QUESTIONS Five written questions had been received in terms of Standing Order 36. 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.

SC283 QUESTION TIME In terms of Standing Order 43, Members had the opportunity to put questions to the Provost, the Leader of the Council, any Portfolio Holder or Committee Convener or Chair of any Panel as appropriate regarding any business included in the Volume of Minutes circulated with the agenda for the meeting. The following questions were put:- Councillor Mark Ruskell - Minutes of Meeting of Stirling Council held on 1 May 2014 (SC277b – Bikeability Training in Schools) Councillor Ruskell asked when the Bikeability report would be submitted to the Education Committee. Councillor Berrill agreed to advise him outwith the meeting. Councillor Scott Farmer - Minutes of Meeting of the Community Planning & Regeneration Committee held on 10 April 2014 (CR62 – Advice Partnership Progress Report and Presentation) Councillor Farmer asked whether the draft Service Level Agreement for the Advice Partnership had been signed yet and stressed the vital role of the Citizens Advice Bureau. Councillor Boyd agreed that the CAB was a key partner and talked about the exceptional work being carried out by officers in delivering the Partnership. She agreed to meet with Councillor Farmer to discuss progress.

SC284 MOTIONS IN TERMS OF STANDING ORDER 16 Prior to the Meeting, Elected Members had received supplementary information from Officers on the subject of this Motion. The supplementary information is attached as Appendix 2 to these Minutes. a. Murrayshall Quarry, Cambusbarron

“Council notes the continued threat of renewed quarrying at Gillies Hill by Cambusbarron, and reaffirms its support for the community of Cambusbarron in its campaign to preserve this historically significant and spectacularly beautiful area. Council further notes that the terms of the Suspension Order concerning the reactivation of quarrying activities at Gillies Hill have been deemed by Scottish Ministers to be outwith the powers of the Council and that Scottish Ministers have therefore declined to confirm the Suspension Order. Council therefore instructs officers to bring detailed proposals to the next Council meeting in October 2014 on options available to the Council to designate Gillies Hill a Local Nature Reserve (and consider similar designations offering protection to this area), and to enter into discussions with the landowners to inform the decision Council takes in October. Scottish Natural Heritage guidance on Local Nature reserves can be found here: http://www.snh.gov.uk/docs/A314445.pdf .”

Moved by Councillor Steven Paterson, seconded by Councillor Graham Houston

In response to questions by Councillors, the Clerk confirmed that Members of the Planning & Regulation Panel were not required to leave the Chambers during consideration of this item, but all Members should be mindful of the advice set out at Appendix 2 to these minutes relating to the Councillors’ Code of Conduct. She also set out the current planning position and advised that a decision regarding whether any planning application should be considered by full Council would be taken by the Planning & Regulation Panel in consultation with the Chief Planning Officer.

Councillor Paterson stated that he wished to remove the first and second paragraphs of the Motion as submitted and the word “therefore” from the third paragraph. Councillor Houston seconded the Motion as amended.

Members spoke in support of the amended Motion which was approved without the need for a roll call vote.

Decision

Council instructed officers to bring detailed proposals to the next Council meeting in October 2014 on options available to the Council to designate Gillies Hill a Local Nature Reserve (and consider similar designations offering protection to this area), and to enter into discussions with the landowners to inform the decision Council takes in October.

The Council agreed to consider agenda item 18 (Stirling Local

Development Plan: Modified Plan and Finalised Supplementary Guidance) at this point in the proceedings.

SC285 STIRLING LOCAL DEVELOPMENT PLAN: MODIFIED PLAN AND FINALISED SUPPLEMENTARY GUIDANCE

The meeting was adjourned at 11.20am to give Members time to read a tabled letter from a firm of solicitors acting on behalf of a local business.

The meeting reconvened at 11.33am with the same Members present, with the exception of Councillor Fergus Wood, who had left the meeting.

Members sought advice on the content of the letter from the Chief Executive. He advised that he had requested the opinion of Queen’s Counsel and recommended that any further information he provided on this matter should be in private session.

The Council resolved under Section 50A(4) of the Local Government (Scotland) Act 1973 that the public be excluded from the meeting for this part of the proceedings on the grounds that it involved the disclosure of exempt information as defined in Paragraph 12 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.

Following receipt of advice from the Chief Executive the members of the press and public were called back into the meeting. Motion “That Council agrees to defer consideration of this report until a special meeting, which will be convened at an early date following receipt of the opinion of Queen’s Counsel.” Moved by Councillor Mark Ruskell, seconded by Councillor Johanna Boyd Amendment “That Council proceeds to determine the Stirling Local Development Plan - Modified Plan at today’s meeting.” Moved by Councillor Scott Farmer, seconded by Councillor Jim Thomson On the roll being called the Members present voted as follows:-

For the Amendment (7) Councillor Scott Farmer Councillor Alycia Hayes Councillor Graham Houston Councillor Graham Lambie Councillor Ian Muirhead Councillor Steven Paterson Councillor Jim Thomson Against the Amendment (13) Councillor Neil Benny Councillor Alistair Berrill Councillor Johanna Boyd Councillor Margaret Brisley Depute Convener Callum Campbell Councillor Martin Earl Councillor Danny Gibson Councillor John Hendry Councillor Corrie McChord Provost Mike Robbins Councillor Mark Ruskell Councillor Christine Simpson Councillor Violet Weir The Amendment fell by 13 votes to 7 For the Motion (13) Councillor Neil Benny Councillor Alistair Berrill Councillor Johanna Boyd Councillor Margaret Brisley Depute Convener Callum Campbell

Councillor Martin Earl Councillor Danny Gibson Councillor John Hendry Councillor Corrie McChord Provost Mike Robbins Councillor Mark Ruskell Councillor Christine Simpson Councillor Violet Weir Against the Motion (7) Councillor Scott Farmer Councillor Alycia Hayes Councillor Graham Houston Councillor Graham Lambie Councillor Ian Muirhead Councillor Steven Paterson Councillor Jim Thomson Decision The Motion was carried by 13 votes to 7 and accordingly the Council agreed to defer consideration of this report until a special meeting, which would be convened at an early date following receipt of the opinion of Queen’s Counsel. (Reference: Report by Head of Economy, Planning & Regulation, dated 19 June 2014, submitted).

SC286 APPOINTMENTS TO STIRLINGSHIRE EDUCATIONAL TRUST A report by the Head of Governance & Resources advised of two vacancies on the Stirlingshire Educational Trust. Mrs Jane Morris (statutory religious representative) had recently resigned from the Trust with immediate effect. Mr Iain McLean (teacher representative) would no longer be eligible to be a Trustee when he retired from the Education Committee. Mr McLean would be replaced on the Committee by Mrs Elizabeth Hunter, local area secretary of the Scottish Secondary School Teachers Association. Mrs Hunter had indicated a willingness to become a Trustee.

Councillor Alistair Berrill, seconded by Councillor Margaret Brisley, nominated Councillor Danny Gibson for the position of Trustee, to replace Mrs Morris. There were no other nominations.

Decision The Council agreed to appoint Councillor Danny Gibson and Mrs Elizabeth Hunter as Trustees on the Stirlingshire Educational Trust to replace Mrs Jane Morris and Mr Iain Mclean. (Reference: Report by Head of Governance & Resources, dated 17 June 2014, submitted).

SC287 REVIEW OF SENIOR MANAGEMENT STRUCTURE At the Special Meeting of Council held on 3 April 2014 (SC258 refers) it had been agreed to initiate an immediate review of the Council’s senior management structure, with a view to a new structure being approved by the Council in June 2014 and implemented during the Autumn of 2014. A report by the Chief Executive (Designate) detailed proposals for the future senior management structure of the Council and the process for its implementation. The following issues were discussed:-

• The involvement of communities in service delivery

• The reasons for dividing roads maintenance and roads infrastructure across two Services

• The importance of communication with employees, particularly across the shared services

• Health and Social Care integration

• The composition of the Appointments Panel for the new Directors posts It was stressed that there would be no commercial outsourcing of services. It was also agreed that consideration would be given to the use of External Advisers on the Appointments Panel. The report advised that the new Chief Executive would take up his post with effect from 5 July 2014. The Leaders of each of the political Groups paid tribute to the out-going Chief Executive, Bob Jack, for his dedication to public service and outstanding contribution and commitment to Stirling Council. Stewart Carruth was congratulated on his appointment as Chief Executive.

At 12.30pm, the Council agreed to suspend Standing Orders and not stop for a break until after consideration of this item.

Motion “That Council agrees:- 1. to note the position as regards the retirement date of the current Chief

Executive and the date of appointment of the new Chief Executive and agree that Bob Jack will be retained to undertake the role and responsibilities of Counting Officer for Stirling in terms of The Scottish Independence Referendum Act 2013;

2. to authorise the Chief Executive to implement the senior management

structure as detailed in the submitted report and to continue to further develop the structure, in consultation with Group Leaders where the changes are significant;

3. to approve the establishment of an Appointments Panel for the recruitment

of Directors as set out in the report; and 4. to note the estimated £100,000 savings arising from the senior

management changes.”

Moved by Councillor Johanna Boyd, seconded by Councillor Neil Benny Amendment “That the Council agrees:- 1. to approve the officer recommendations set out in paragraphs 2.1, 2.2 and

2.4 of the submitted report;

2. that the appointment of Directors be undertaken by the Appointments Panel appointed by Council in accordance with Standing Orders; and

3. that the Clerk make any necessary changes to the Scheme of Delegation to reflect Council’s decision.”

Moved by Councillor Scott Farmer, seconded by Councillor Steven Paterson On the roll being called the Members present voted as follows:-

For the Amendment (8) Councillor Scott Farmer Councillor Alycia Hayes Councillor Graham Houston Councillor Graham Lambie Councillor Ian Muirhead Councillor Steven Paterson Councillor Mark Ruskell Councillor Jim Thomson Against the Amendment (12) Councillor Neil Benny Councillor Alistair Berrill Councillor Johanna Boyd Councillor Margaret Brisley Depute Convener Callum Campbell Councillor Martin Earl Councillor Danny Gibson Councillor John Hendry Councillor Corrie McChord Provost Mike Robbins Councillor Christine Simpson Councillor Violet Weir The Amendment fell by 12 votes to 8

Decision The Motion was carried without the need for a roll call vote and accordingly the Council agreed:- 1. to note the position as regards the retirement date of the current Chief

Executive and the date of appointment of the new Chief Executive and agreed that Bob Jack would be retained to undertake the role and responsibilities of Counting Officer for Stirling in terms of The Scottish Independence Referendum Act 2013;

2. to authorise the Chief Executive to implement the senior management

structure as detailed in the submitted report and to continue to further develop the structure, in consultation with Group Leaders where the changes were significant;

3. to approve the establishment of an Appointments Panel for the recruitment

of Directors as set out in the report; and 4. to note the estimated £100,000 savings arising from the senior

management changes. (Reference: Report by Chief Executive (Designate), undated, submitted). The Council agreed to break for lunch at 12.40pm. The meeting reconvened at

1.30pm, with the same Members present. It was agreed to bring forward discussion of agenda item 17 (Planning Policy: Conservation Area Designations) to this point in the proceedings.

SC288 PLANNING POLICY: CONSERVATION AREA DESIGNATIONS Councillor Danny Gibson proposed that the Council defer consideration of this report and that it be considered at a special meeting alongside a report on the Stirling Local Development Plan: Modified Plan and Finalised Supplementary Guidance (see SC285 above). This was agreed. It was also agreed that the plans associated with this report be made available in the Members’ Lounge. Decision The Council agreed to defer consideration of this report and that it would be considered at a special meeting alongside a report on the Stirling Local Development Plan: Modified Plan and Finalised Supplementary Guidance.

(Reference: Report by Head of Economy, Planning & Regulation, dated 19 June 2014, submitted).

SC289 WELFARE REFORM: ALLOCATION OF SURPLUS DISCRETIONARY HOUSING PAYMENT FUNDING At its meeting held on 12 June 2014 (CR77 refers) the Community Planning & Regeneration Committee had received a joint report from the Heads of Housing & Customer Service and Governance & Resources. The report advised that Stirling Council had received additional funds from the Department of Work and Pensions and the Scottish Government to supplement the Discretionary Housing Payment budget for financial year 2013/14 from which there was a surplus of £513,431. Additional funds were also anticipated for 2014/15. Taking account of the factors to be considered, the Committee was asked to agree the preferred option for the allocation of surplus Discretionary Housing Payment funds from 2013/14. The Committee had agreed:- 1. the preferred option for allocation of surplus Discretionary Housing Payment

funds for 2013/14 as set out in paragraph 3.13 of the submitted report; 2. to recommend that Council approves the establishment of a ‘Challenge

Fund’ to alleviate the impact of financial disadvantage related to welfare reform; and

3. to receive a further report in relation to the anticipated surplus for 2014/15

and any balance from the ‘Challenge Fund’. Members of Council discussed the requirement for clear guidance for applications to the Challenge Fund and the Head of Housing & Customer Service agreed to submit a report on this and the decision making process to the Community Planning & Regeneration Committee. Congratulations were expressed to everyone involved in driving this agenda. Decision The Council approved the establishment of a ‘Challenge Fund’ to alleviate the impact of financial disadvantage related to welfare reform.

(Reference: Extract from Minutes of Meeting of the Community Planning & Regeneration Committee held on 12 June 2014 and Joint Report by Heads of Housing & Customer Service and Governance & Resources dated 19 May 2014, submitted)

SC290 SHARED SERVICES A report submitted by the Chief Executive sought Council's approval to achieve deeper integration of Education and Social Services across Clackmannanshire and Stirling by moving to full lead authority models for the provision of each of those services, subject to the development of appropriate business case(s). The Chief Executive advised that the same report had been approved by Clackmannanshire Council that morning.

He added that concerns that had been expressed by the JTUC would be addressed in the business case(s). Following a discussion between Members on the effectiveness of existing communications it was agreed that information would be shared with Members, Trade Unions and employees regarding the timeline leading up to the preparation of the business case(s). Trade Unions would also be provided with details of the savings achieved to date. Decision The Council agreed:- 1. to note the findings of the report; 2. to affirm the further development of shared Social Work and Education

Services with Clackmannanshire Council; 3. to confirm the principle that the intention was to take forward further

development according to the lead authority model; 4. that a full business case evaluation be carried out on the lead authority

model; and 5. that prior to implementation of the model the full business case(s) would be

reported to both Councils for a final decision. (Reference: Report by Chief Executive dated 18 June 2014, submitted)

SC291 SUMMER RECESS – URGENT BUSINESS In previous years, the Council had approved arrangements for dealing with urgent business during the Summer recess. The Council was asked to agree that similar arrangements would operate during this year’s recess. Decision The Council agreed to approve the following arrangements for dealing with urgent business during the Summer recess:- 1. for urgent matters where a policy decision had already been taken by

Council and where budget or other financial provision existed, officers would hold a meeting comprising:-

• the Leader or Depute Leader of the Council;

• the Provost or Depute Convener of Council or Convener or Depute Convener of the appropriate Committee, depending on the subject matter;

• if appropriate, the Housing Portfolio Holder or Depute Portfolio Holder;

• a relevant Opposition Member; and

• the Chief Executive or Depute Chief Executive.

The meeting would be arranged through Democratic Support and a note of the decision would be recorded;

2. details of decisions taken would be submitted for the information of Council/ Committees (as appropriate) following the recess; and

3. where an urgent decision was required which involved new policy or a

change to existing policy, or incurring expenditure not already provided for, the officer would consult the following and, if agreed, a special meeting of Council or the Committee concerned would be convened:-

• the Leader of the Council or Depute Leader of Council; • the Provost or Depute Convener of Council or Convener or Depute

Convener of the appropriate Committee, depending on the subject matter;

• if appropriate, the Housing Portfolio Holder or Depute Portfolio Holder;

• a relevant Opposition Member;

• the Chief Executive or Depute Chief Executive; and

• the Clerk to the Council. (Reference: Report by Head of Governance & Resources, dated 4 June 2014, submitted).

SC292 DECISION OF THE COMMISSIONER FOR ETHICAL STANDARDS IN PUBLIC LIFE IN SCOTLAND - DECISION OF THE STANDARDS COMMISSION A report by the Head of Governance & Resources informed Council of the outcome of the referral of complaints to the Commissioner for Ethical Standards in Public Life in Scotland. Motion “Council notes and expresses its disappointment and regret that a Member of the Council has fallen below the standards that are to be expected of those elected to democratic office. Council believes that Councillor MacPherson’s actions, that have led to a suspension, have no place in a modern democracy. To adopt decisions 2.1 and 2.2 as outlined in the paper. 2.3 that while no special arrangements need to be put in place to represent

Councillor MacPherson’s constituents, it is important that information be made available explaining the suspension, the reasons for it and the effect it has. The Clerk to the Council should write to Community Councillors and ensure information is available on Council noticeboards throughout his ward and in central locations;

2.4 that while it is appropriate for Councillor MacPherson to be consulted on issues throughout the period of the suspension, Councillor MacPherson should be restricted to commenting in writing and not be able to attend informal meetings organised by the Council; and

2.5 that before Councillor MacPherson is able to return to Council duties, he

should receive full training on all aspects of the Code of Conduct and standards of behaviour expected in the relations between Council staff and Councillors. The Clerk to the Council should organise this training. Should the training not successfully take place, a further paper should come back to Council and a further report made to the Standards Commission.”

Moved by Councillor Alistair Berrill, seconded by Councillor John Hendry In response to questions from Members of the Opposition, the Clerk confirmed that the Motion was competent. Direct Negative Councillor Scott Farmer, seconded by Councillor Steven Paterson, moved the Direct Negative On the roll being called the Members present voted as follows:-

For the Motion (12) Councillor Neil Benny Councillor Alistair Berrill Councillor Johanna Boyd Councillor Margaret Brisley Depute Convener Callum Campbell Councillor Martin Earl Councillor Danny Gibson Councillor John Hendry Councillor Corrie McChord Provost Mike Robbins Councillor Christine Simpson Councillor Violet Weir Against the Motion (8) Councillor Scott Farmer Councillor Alycia Hayes Councillor Graham Houston Councillor Graham Lambie Councillor Ian Muirhead Councillor Steven Paterson Councillor Mark Ruskell Councillor Jim Thomson

Decision The Motion was carried by 12 votes to 8 and accordingly the Council noted and expressed its disappointment and regret that a Member of the Council had fallen below the standards that were to be expected of those elected to democratic office. Council believed that Councillor MacPherson’s actions, that had led to a suspension, had no place in a modern democracy. Council agreed:- 1. to note that the Commissioner for Ethical Standards in Public Life in

Scotland found that no breach of the Councillors’ Code of Conduct had occurred in relation to matters involving Councillor Steven Paterson;

2. to note that the Commissioner for Ethical Standards in Public Life in

Scotland found that breaches of the Councillors’ Code of Conduct had occurred in relation to matters involving Councillor Alasdair MacPherson, had referred the matter to the Standards Commission for Scotland and that following a hearing, the Standards Commission for Scotland had determined that Councillor MacPherson be suspended from all meetings of Council, Committees and Sub Committees of Stirling Council for a period of five months commencing on 16 May 2014;

3. that while no special arrangements needed to be put in place to represent

Councillor MacPherson’s constituents, it was important that information be made available explaining the suspension, the reasons for it and the effect it had. The Clerk to the Council should write to Community Councillors and ensure information was available on Council noticeboards throughout his ward and in central locations;

4. that while it was appropriate for Councillor MacPherson to be consulted on

issues throughout the period of the suspension, Councillor MacPherson should be restricted to commenting in writing and not be able to attend informal meetings organised by the Council; and

5. that before Councillor MacPherson was able to return to Council duties, he

should receive full training on all aspects of the Code of Conduct and standards of behaviour expected in the relations between Council staff and Councillors. The Clerk to the Council should organise this training. Should the training not successfully take place, a further paper should come back to Council and a further report made to the Standards Commission.

(Reference: Report by Head of Governance & Resources, dated 26 May 2014, submitted).

SC293 STIRLING COUNCIL DRAFT ACCOUNTS 2013/14 Stirling Council’s Draft Accounts for the year to 31 March 2014 had been prepared for audit. Presentation of the Draft Accounts to the Council was in accordance with the Local Authority Accounts (Scotland) Regulations 1985, which required them to be laid before the Council and submitted to the Controller of Audit by the statutory deadline of 30 June 2014.

Electronic copies of the Draft Accounts had been emailed to all Members and they had also been placed on the public website. A report submitted by the Chief Finance Officer outlined the key features of the financial position displayed in the 2013/14 Draft Accounts, incorporating a brief overview of the final outturns for the General Fund and the General Services Capital Programme. The draft accounts showed the Council ending the year with General Fund balances of £5.887m (2.9% of the 2013/14 budget). Although the reported outturn was expected to represent the final position for 2013/14, the figures remained subject to audit. The Finance Team was thanked for the preparation of the Accounts. The Chief Finance Officer answered Members questions on equal pay provision and General Fund balances. Decision The Council agreed:-

1. to note that the Draft Accounts for 2013/14 had been prepared in accordance with the Local Authority Accounts (Scotland) Regulations 1985, and would be submitted to the Controller of Audit by the statutory deadline of 30 June 2014;

2. to note that available General Fund balances at 31 March 2014 were

£5.887m (2.9% of 2013/14 budget); 3. to approve the creation of a Risk Fund as set out in Paragraph 3.5 of the

submitted report; and 4. to note the position in terms of the Council’s share of the net pension

liability of the Local Government Pension Scheme. (Reference: Report by Chief Finance Officer, dated 17 June 2014, submitted).

SC294 GENERAL SERVICES CAPITAL FINAL OUTTURN REPORT 2013/14 The Finance and Economy Committee at its meeting on 17 June 2014 (FE118 refers) considered a report by the Chief Finance Officer which set out the actual outturn for the General Services Capital Programme for 2013/14. It was noted that total expenditure was £25.681m, representing an expenditure rate of 94% and an underspend of £1.656m against a full year adjusted and re-profiled programme of £27.337m. Appendices 1 and 2 to the report set out the programme expenditure and resources and the main variances were commented on in the remainder of the report.

The Committee had agreed:-

1. to note the outturn of the General Services Capital Programme for 2013/14; and

2. to recommend that Council approve the capital budget carry forwards into

2014/15 for both project slippage and overspends as detailed in Appendix 1, the requirements for Forthside as detailed in Appendix 3 and the re-phased profile of prudential borrowing as detailed in Appendix 4 to the submitted report.

Decision The Council approved the capital budget carry forwards into 2014/15 for both project slippage and overspends as detailed in Appendix 1, the requirements for Forthside as detailed in Appendix 3 and the re-phased profile of prudential borrowing as detailed in Appendix 4 to the submitted report.

(Reference: Extract from Minutes of Meeting of the Finance and Economy Committee held on 17 June 2014 and Report by Chief Finance Officer dated 22 May 2014, submitted).

SC295 COMMON GOOD FUNDS & CHARITABLE TRUSTS DRAFT ACCOUNTS 2013/14 In its capacity as trustee, Stirling Council was responsible for administering the Stirling, Bridge of Allan and Callander Common Good Funds, the Thomas Brittain Trust, the Dunblane Cemetery Memorial Garden (Maintenance) Trust, and a further 19 small Charitable Trusts. All common good and charitable trust funds were registered as charities with the Scottish Charity Regulator. Where the local authority, or some members of the authority, were the sole trustees for a Scottish Charity Regulator - registered charity, the requirements of section 106 of the Local Government (Scotland) Act 1973 now applied. This meant that a full auditor's report was now required for each common good and charitable trust fund, and Audit Scotland had extended the audit remit of existing local authority auditors to meet this requirement. In addition, the draft charity accounts must be presented to the Council in accordance with the Local Authority Accounts (Scotland) Regulations 1985 which required them to be laid before the Council and submitted to the Controller of Audit by the statutory deadline of 30 June 2014. Electronic copies of the Draft Accounts had been emailed to all Members and they had also been placed on the public website. It was noted that a report on the potential consolidation of the smaller trusts would be submitted to the December meeting of Council. Decision The Council agreed to note the draft accounts in respect of the Common Good Funds and Charitable Trusts for the year ended 31 March 2014.

(Reference: Report by Head of Governance & Resources, dated 17 June 2014, submitted).

SC296 REGENERATION IN STIRLING: A COMMUNITY-LED APPROACH A report submitted by the Chief Executive, accompanied by a Community Planning and Regeneration Committee report and background briefing, set out a community-led approach to regeneration in Stirling for approval by Council. The approach set out in the report had been approved by Committee on 10 April 2014 (CR66 refers) and was core to the achievement of outcomes in Stirling’s Single Outcome Agreement and more specifically actions agreed via the Community Planning Partnership Tackling Poverty and Inequalities Group. Members discussed the identification of poverty in rural areas and partnership working. In response to a question from a Member it was confirmed that although regeneration was not specifically mentioned in the new management structure it pervaded everything that the Council did. Members commended the work of the Tackling Poverty and Inequalities Group. Decision The Council agreed:-

1. to approve the approach to community-led regeneration as agreed at the Community Planning and Regeneration Committee on 10 April 2014;

2. to support the Community Planning Partnership Tackling Poverty and

Inequalities Group in implementing its action plan, approving the commitment of human and financial resources where necessary; and

3. to instruct officers to consult on and further develop the approach with

relevant Council services and Community Planning partners. (Reference: Report by Chief Executive dated 4 June 2014 and Report to Community Planning & Regeneration Committee by the Chief Executive (undated), submitted).

SC297 ARMED FORCES DAY NATIONAL EVENT 2014 – STIRLING Stirling Council was hosting the Armed Forces Day National Event 2014 in Stirling on Saturday 28 June. A report submitted by the Chief Executive provided the Council with a further update on the planning, co-ordination and resourcing of the event. The finalised programme for the event was shown at Appendix 1.

The Head of Economy, Planning & Regulation answered Members’ questions on sponsorship, consultation on the temporary closure of the A811 and pre-booked car parking. Members expressed their hope that the Big Weekend would be a great success and thanked the officers involved for their hard work and commitment. They also congratulated the communities involved in the Longest Day community event. Decision The Council agreed:-

1. to note the finalised arrangements and programme for the Armed Forces Day National Event to be held in Stirling on 28 June 2014; and

2. to note the latest cost projections associated with staging the Armed Forces

Day National Event. (Reference: Report by Chief Executive, dated 19 June 2014, submitted).

Councillor Graham Houston left the meeting Chamber during consideration of the following item

SC298 POLICE SCOTLAND – TRAFFIC WARDEN REVIEW

A report submitted by the Chief Executive reminded Police Scotland had written to Stirling Council on 1 October 2013 advising of their intention to withdraw the traffic warden service from the local area. The Environment and Housing Committee at its meeting on 21 November 2013 (EH70 refers) had agreed that officers from Environment Services should progress work to determine the opportunities of implementing Decriminalised Parking Enforcement arrangements in the Stirling Council area. A Member/Officer Working Group, comprising four Elected Members, had been established to consider the implications and options and prepare a detailed business case. This work was continuing. On 23 December 2013, a letter from Police Scotland confirmed the withdrawal of traffic warden services on 4 February 2014. At that time, Police Scotland estimated that the Stirling area would require the equivalent of two traffic wardens to maintain the level of service, at a cost of around £48k per annum. Since 23 December 2013, officers had continued discussions with Police Scotland to try and reach a workable compromise for the local area that would see the continuation of traffic warden services. Reaching an interim arrangement for traffic wardens would allow sufficient time for the Council to prepare a business case for the implementation of Decriminalised Parking Enforcement arrangements in the local area.

Officers had negotiated interim arrangements for the continuance of traffic warden services in the Stirling and Falkirk Council areas with Police Scotland. The proposed Minute of Agreement was attached as Appendix 1 to the submitted report. Members discussed the positive impact enforcement could have on other users, including pedestrians and cyclists. In response to a question from a Member of the Council, the Head of Environment advised that the division of costs between Falkirk and Stirling Councils had been based on historical information provided by the Police and the number of Traffic Orders within the respective Council areas. Decision The Council agreed:-

1. to instruct officers to enter into a formal agreement with Police Scotland and Falkirk Council for the continuance of traffic warden services in the local area, as set out in the Minute of Agreement attached as Appendix 1 to the submitted report; and

2. to receive a further report outlining how appropriate Decriminalised Parking

Enforcement arrangements could be implemented in the Stirling Council area.

(Reference: Report by Chief Executive, dated 18 June 2014, submitted).

Councillor Graham Houston returned to the meeting Chamber at this point in the proceedings

SC299 INTEGRATED CHILDREN'S SERVICES REPORT

A report submitted by the Chief Executive gave Elected Members an update on the findings of the Care Inspectorate joint inspection of Children's Services across Stirling. The report highlighted the strengths as well as areas of weakness. Overall, the report was favourable and progress over the last few years had been commented on throughout. There were identified areas of work required, particularly in relation to assessing and responding to risk. The Care Inspectorate would ask the Stirling Community Planning Partnership to publish a joint Action Plan detailing how it intended to make any improvements identified as a result of the inspection.

Within one year of the publication of the report the Care Inspectorate and other bodies that had taken part in the inspection would revisit the Community Planning Partnership area to assess and report on progress made in meeting the identified areas of improvement.

It was noted that an update would be reported to the next meetings of the Leadership Group of the Community Planning Partnership and the Community Planning & Regeneration Committee The Convener of the Social Care & Health Committee thanked the staff concerned for their strong commitment to improving children’s lives. Decision The Council agreed to note the findings of the submitted report and note the Community Planning Partnership’s responsibility to produce an Action Plan detailing how it intended to make any improvements identified as a result of the inspection.

(Reference: Report by Chief Executive, undated, submitted). SC300 HEALTH AND SOCIAL CARE INTEGRATION

The intention of integrating health and social care was to provide a vehicle to enable local partnerships, comprising the Health Board and Local Authority, to collectively deliver outcomes more effectively.

The four key principles that underpinned the reforms were:-

• nationally agreed outcomes to apply across adult health and social care

• health boards and local authorities were to be jointly and equally accountable for the delivery of those outcomes

• integrated resources would apply across the spectrum of adult health and social care provision

• encouraging strong clinical and professional leadership, and the engagement of the third and independent sectors, in the commissioning of adult health and social care services.

A report submitted by the Chief Executive set out the background to health and social care integration, the outcomes that integration was seeking to achieve and a proposal for a model of governance to take forward the legislative requirements. Members discussed how the level of financial resource to be provided by the Council would be determined and issues around governance, representation and the role of the new, jointly accountable, Chief Officer post. It was agreed that all Members would be kept updated on progress. Decision The Council agreed:-

1. to note the provisions and requirements of the Public Bodies (Joint Working) (Scotland) Act 2014 as set out in the submitted report;

2. to pursue health and social care integration based on a body corporatemodel of governance;

3. that, as far as possible, integration should be on a joint approach withClackmannanshire Council, consistent with the shared servicearrangement;

4. that the existing Partnership Board and Joint Management Team structureswould act as shadow bodies for the purposes required by legislation; and

5. to note that a Scheme of Delegation would be presented for approval to afuture meeting of the Council.

(Reference: Report by Chief Executive, dated 5 June 2014, submitted).

SC301 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.

a. Bannockburn Riding for the Disabled Centre

“Council notes our deep concern at the continuing uncertainty surroundingBannockburn Riding for the Disabled.

Council further expresses disappointment at the landowner’s apparentunwillingness to engage with the charity in seeking a resolution to theissues at hand in preserving this centre of excellence that benefits familiesof the disabled across Central Scotland and beyond.

Council resolves to provide all necessary support to provide adequateresolution to the situation and examine and provide assistance in therelocation of these facilities within the Stirling Council area if the aboveproves unsuccessful.”

Moved by Councillor Scott Farmer, seconded by Councillor Jim Thomson

The terms of the Motion were approved.

Decision

Council noted its deep concern at the continuing uncertainty surroundingBannockburn Riding for the Disabled.

Council further expressed disappointment at the landowner’s apparentunwillingness to engage with the charity in seeking a resolution to theissues at hand in preserving this centre of excellence that benefited familiesof the disabled across Central Scotland and beyond.

Council resolved to provide all necessary support to provide adequateresolution to the situation and examine and provide assistance in therelocation of these facilities within the Stirling Council area if the aboveproved unsuccessful.

b. Stirling’s Friendship Link with Dunedin, Florida

“This year marks the fiftieth anniversary of Stirling’s friendship link withDunedin, Florida, USA. Dunedin was originally settled by Scottish familiesand Stirling District Council was proud to establish a friendship link with thecity in 1964. Over the years Dunedin has welcomed many visitors fromStirling and has kept its Scottish traditions alive at its annual HighlandGames. The friendship has been reciprocated with Stirling having receivedgroups of students and pipe bands. The piping tradition is strong inDunedin’s schools and their young people are enthusiastic members of theircompetition winning schools pipe bands.

The original aim of the link was to preserve Scottish culture and heritage inDunedin and this has been a successful and long lasting relationship ofwhich both cities are justly proud.

Council is delighted to re-affirm the sister city link with Dunedin, Florida andlooks forward to a continuing and flourishing relationship over the next fiftyyears.”

Moved by Provost Mike Robbins, seconded by Councillor Johanna Boyd

It was noted that Dunedin had recently re-affirmed its sister city link withStirling.

The terms of the Motion were approved.

Decision

Council was delighted to re-affirm the sister city link with Dunedin, Floridaand looked forward to a continuing and flourishing relationship over the nextfifty years.

In accordance with Standing Order 35, the Council adjourned for a comfort break at 3.30pm. This also allowed Members the

opportunity to read the tabled urgent tender report.

The Council reconvened at 3.40pm. Councillor Houston had left the meeting during the break.

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

SC302 TENDER ACCEPTANCE FOR THE PROVISION OF HOUSING AT GOOSECROFT ROAD, STIRLING An urgent report tabled earlier in the meeting by the Head of Assets & Support asked Council to approve the award of the contract for the provision of 53 affordable apartments and associated ground floor commercial units at Goosecroft Road, Stirling. In response to a Member’s question, the Head of Assets & Support advised that the construction materials would require to be approved by the planning service before the work could proceed. Decision The Council agreed to accept the tender deemed by the evaluation to be the most economically advantageous and award the contract to CCG (Scotland) Ltd for the sum set out in the submitted report.

(Reference: Report by Head of Assets & Support dated 25 June 2014, submitted)

SC303 CONDUCT OF COUNCILLOR

The Leaders’ Group had agreed to refer a report by the Monitoring Officer on a Councillor’s conduct to Council for consideration. Councillor Scott Farmer, Leader of the SNP Group, stated that he did not agree that the possible breaches of the Councillors’ Code of Conduct, which had taken place in 2013, should have been brought before Council in view of the time that had elapsed. He advised that the SNP Group would be withdrawing from the meeting on that basis. The SNP Group left the meeting Chamber at this point in the proceedings. In response to questions by Council Members, the Monitoring Officer confirmed that she had taken the decision to hold back presentation of these issues to the Leaders’ Group until the Commissioner for Ethical Standards in Public Life in Scotland had reached a decision on other matters the Council had referred to it. She went on to outline the options available to the Council today. It was confirmed that these were all the outstanding complaints against this Member. It was agreed that the Council had a duty to consider these complaints and Members considered how they should best be dealt with. There was some discussion about whether a cross party Standards Committee should be established. Councillor Violet Weir left the meeting Chamber at this point in the proceedings.

Motion “That Council agrees:- 1. to submit the complaints before it today to the Commissioner for Ethical

Standards in Public Life in Scotland; 2. that a report setting out a potential future way of dealing with such

complaints against Elected Members should be submitted for the consideration of the Leaders’ Group (which on this occasion should include Councillor Mark Ruskell); and

3. that a recommendation from the Leaders’ Group and Councillor Ruskell

should be submitted to a future meeting of Council.” Moved by Councillor Johanna Boyd, seconded by Councillor Margaret Brisley Councillor Mark Ruskell moved the Direct Negative and failed to find a seconder. Decision The Council agreed:- 1. to submit the complaints before it today to the Commissioner for Ethical

Standards in Public Life in Scotland; 2. that a report setting out a potential future way of dealing with such

complaints against Elected Members should be submitted for the consideration of the Leaders’ Group (which on this occasion should include Councillor Mark Ruskell); and

3. that a recommendation from the Leaders’ Group and Councillor Ruskell

should be submitted to a future meeting of Council. (Reference: Extract from Minutes of Meeting of the Leaders’ Group held on 17 June 2014 and Report by Monitoring Officer dated 6 June 2014, submitted)

The Provost closed the meeting at 4.25pm

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APPENDIX 1 QUESTION 1 QUESTION FROM COUNCILLOR STEVEN PATERSON FOR ANSWER BY CONVENER FOR PUBLIC SAFETY COMMITTEE AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 26 JUNE 2014. Question The Borestone roundabout bordering Stirling East and Stirling West wards requires CCTV coverage to assist the police in combating crime. Assurances were previously given to me by Councillor Earl that action would be taken to progress this given instances of crime and anti-social behaviour and the action would be undertaken over the Summer. I was assured that a report on the matter would be brought to this Council meeting, and I, and the community I serve are disappointed that no report is tabled. What progress has been made towards installing CCTV cameras at the Borestone roundabout, and when will this be undertaken? Answer Officers are progressing an entirely new, bespoke and adaptable CCTV system that will vastly improve our operational capacity across the entire Stirling Council area and make full use of digital technology. The existing CCTV system has not been fit for purpose for some years as it is based on old, poor quality, analogue technology that makes it impractical to repair or move the cameras. The new system will allow high quality, deployable cameras to be used across the Stirling Council area at identified locations using the intelligence based deployment criteria. As previously advised to Councillor Paterson a briefing paper regarding CCTV provision will be issued to all members by the end of this week. Supplementary Question CCTV is required to help the Police combat crime. I appreciate the positive response from Councillor Earl but hope he can understand my frustration and that of the community that this is taking so long. When is CCTV programmed to be installed at the Borestone roundabout? Answer The briefing note on the timeline for replacement CCTV will be issued to all Members tomorrow. Where evidenced need has been identified cameras will be deployed and then removed when they are no longer needed. This is a system that is fit for purpose and I applaud officers for their work. I will be happy to answer any questions Councillor Paterson has following receipt of the briefing note and to arrange a follow up meeting.

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QUESTION 2 QUESTION FROM COUNCILLOR JIM THOMSON FOR ANSWER BY CONVENER OF ENVIRONMENT & HOUSING AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 26 JUNE 2014. Question What recent consultation has been undertaken with residents impacted by dangerous walls, following the report to Environment and Housing Committee on 5th June 2014? Answer The Environment and Housing Committee on 5 June 2014 noted the updated condition of the retaining walls in the Top of the Town area of Stirling city, which are deemed to be in most need of repair. For the retaining wall at Morris Terrace / Princes Street, the proposed remedial solution comprises the installation of anchors to the face of the wall. Once this solution is fully developed with estimated costs, the various property owners will be consulted by the Council’s Housing Service. In the case of the retaining wall at Academy Road / St. John’s Street, the Council’s Housing Service intends to contact the residents of the adjacent properties and then undertake the repairs to the sections of wall where the Housing Service is the majority owner. This work is planned to be undertaken during the current financial year. The Housing Service will seek to recover any costs to be borne by private owners. As regards the retaining wall at the rear of Barnton Street/Baker Street, the Council’s Building Standards Service is following up the notices to the owners of the wall to progress the clearing of vegetation to enable a full condition survey to be undertaken. Supplementary Question The number of people affected in both Morris Terrace and Princes Street is significant. What practical assistance can we give them? Answer The Committee approved the report and we should now allow officers the opportunity to progress this significant piece of work, working with them where necessary.

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QUESTION 3 QUESTION FROM COUNCILLOR ALYCIA HAYES FOR ANSWER BY THE CONVENER FOR ENVIRONMENT & HOUSING AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 26 JUNE 2014. Question Callander – Camp Place Playing Fields - A recent report to the Community Planning and Regeneration Committee stated that the playing field is subject to sewage flooding. Can the Portfolio Holder advise what on-going discussions are being held with Scottish Water to remedy the situation?” Answer I can see no reference to such a matter in any of the reports before the most recent Community Planning and Regeneration Committee. While the Camp Place playing fields are subject to flooding, it is not the case that there is sewage contamination. The Council has a test certificate from Scottish Water to this effect. They provided this after examining the ponded water on the playing fields. The heavily compacted soil and very wet weather in recent years have caused the ponding. Because the water does not drain away, patches of grass have died and the pools became putrid, which may have given the impression that there was sewage overflows. Land Services, two years ago, did work to break up the compacted ground and re-seed, but did make it clear to the community that this would not be a permanent solution, given the underlying ground conditions. The football investment in Callander has been in the pitches at McLaren High School/ McLaren Leisure Centre. Supplementary Question My apologies - some lines from my question have inadvertently been deleted. The report I was referring to was item 17 on the Committee agenda – “Football Implementation Plan”. Mr George Watt, Manager of Callander Thistle, was asked if he would support the Council’s plan to plant wildflowers at the practice ground as they had been forbidden to use it for football because of sewage flooding. Can I ask when the test was carried out? Answer I have no knowledge of what was said to Mr Watt and it would be unfair to ask me to comment on that tonight. I will however send you a copy of the test certificate and, if necessary, meet with you to discuss this further.

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QUESTION 4 QUESTION FROM COUNCILLOR GRAHAM LAMBIE FOR ANSWER BY THE CONVENER FOR EDUCATION COMMITTEE AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 26 JUNE 2014. Question “Does the portfolio holder intend to give consideration to the findings of the commission for developing Scotland’s young workforce, chaired by Sir Ian Wood?” Answer The Education Service has already established a core group to consider and respond to the recommendations of the Wood Commission. The group consists of Education officers, Youth Services officers, secondary Depute Headteachers and a senior colleague from Forth Valley College. One of the Administration's key priorities is to improve outcomes for the lowest performing 20% of pupils. In support of this priority we shall focus on improving the number of Stirling's school leavers who go on to positive destinations. Due consideration will be given to those recommendations of the Wood Commission that support this objective. Supplementary Question (After reading a passage from the report) Will the core group be engaging with local employers? Answer I believe we need to do better in this area and have great hopes that the core group will enable improvements to be made. There will be a representative from the business community on the group.

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QUESTION 5 QUESTION FROM COUNCILLOR MARK RUSKELL FOR ANSWER BY THE LEADER OF THE COUNCIL AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 26 JUNE 2014. Question To ask the Administration what steps it is currently taking to consult on Priority Based Budget options for 2015/16? Answer Phase 2 of Priority Based Budgeting, covering 2015/16 to 2019/20, will see further development of the community engagement aspect of Priority Based Budgeting Phase 1.

The extensive public engagement sessions that were held as well as the sessions with area forums, will be repeated and the format will incorporate improvements and lessons learned from the Priority Based Budgeting Phase 1 process.

The business community will again be involved in the engagement process, principally through the business breakfasts that were successfully held as part of Priority Based Budgeting Phase 1. The longer timescale will allow fuller discussion to take place with communities, and the Priority Based Budgeting Phase 2 timetable will allow participants greater time to examine proposals in advance of the sessions. Bulletins will also shortly be issued to communities, to staff and to other stakeholder groups setting out progress on Priority Based Budgeting Phase 2.

A report on progress on Priority Based Budgeting was also discussed at the meeting of the Finance & Economy Committee on 17 June.

Officers are currently developing the Priority Based Budgeting report, taking into consideration comments on how information is presented. This information will be set out in summary proposals, with the detailed proposals and impact assessment statements also being available for those who may wish to access them. The format of the suite of Priority Based Budgeting documents will also be revised in the light of lessons learned from Phase 1. Supplementary Question One of our promises was to involve communities in developing their own budget options. This has been discussed at Community Council and Area Forum meetings. How do communities bring forward specific proposals to include in the budget? Answer I am delighted to have been able to put community engagement at the heart of the budget process. This time around we will have a full financial year to engage with our communities in an open and transparent way. I am happy to meet with Councillor Ruskell to hear his ideas on how we could take this forward.

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APPENDIX 2

MEETING of the STIRLING COUNCIL held in the COUNCIL CHAMBERS, OLD VIEWFORTH, STIRLING on THURSDAY 26 JUNE 2014

Motions in Terms of Standing Order 16

Information/Advice from Officers

a. Murrayshall Quarry, Cambusbarron

Potential resumption of quarrying There has been no mineral extraction at Murrayshall Quarry for a number of years. Permission for mineral extraction was granted in 1982 by Stirling District Council. The permission requires to be reviewed by the Planning Authority every 15 years. In 2002, Stirling Council reviewed the minerals permission and the period for extraction was limited to 60 years from 1982 ie 2042. Other conditions were agreed but these were not informed by an environmental impact assessment. The next review of the minerals position is due in 2017. Ownership of the quarry is divided between two landowners. The smaller part of the quarry has recently changed hands and the intentions of the new owners are not known. The potential operators of the major part of the quarry advised the Chief Planning Officer some time ago that they wished to bring forward the next review. In order to do this they would undertake an environmental impact assessment and submit updated planning conditions and a revised/updated quarry restoration plan. Since then, the potential operators have submitted a pre-application notice and have carried out the required public consultation. The consultation period expired on 17 June 2014 and the operators are therefore in a position to submit their planning application at any time though they had not done so at the time of writing. While it is likely that such a planning application will fall to be determined by the Planning Panel, there is always the possibility that it will be referred to full Council for determination. All Councillors should therefore be mindful of the provisions of the Councillors’ Code of Conduct regarding decisions on planning matters in particular paragraph 7.13 which states “Where you will be participating in the appropriate decision, you should not organise support for, or opposition to, or lobby other councillors or act as an advocate to promote a particular recommendation on a planning application”. All members should careful to ensure that they do not create a perception of having prejudged issues which they may be called upon to determine as part of the planning process.

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Designation as a Local Nature Reserve Local nature reserves are areas of land designated by local authorities as being important as a local natural heritage resource and/or for delivering environmental education opportunities, community enjoyment and appreciation of the countryside. They are established under the National Parks and Access to the Countryside Act 1949 and there are detailed legislative requirements (including the requirement that the local authority own, lease or manage the land) and policy considerations which can be set out in a future report to Council. There are around 70 local nature reserves in Scotland of which only one, Balquhidderock Wood, is in the Stirling Council area.

b. Bannockburn Riding for the Disabled Centre

Background The Bannockburn Riding for the Disabled were served with a “notice to quit” the Sauchieburn Centre by 14 June 2014, from the Landlord. Riding for the Disabled currently have 20 acres of grazing, with stabling for 20 horses at Sauchieburn. They have around 300 clients, 60% of whom live in the Stirling area. There are only two other Centres in Scotland which can deliver the same range of riding activities as at Sauchieburn. Council managers met with the Riding for the Disabled Development Manager in mid May and have since followed through a number of agreed actions. The Development Manager has explained that the Lease for Sauchieburn was on an informal basis with the previous Landlord who supported Riding for the Disabled. But the current Landlord (who took over seven years ago) has taken a different approach and wants to repossess the property without compensation for Riding for the Disabled’s investment in the Centre. Riding for the Disabled have spent considerable sums trying to establish a legal resolution, to no avail. Riding for the Disabled have had discussions with Horse Scotland and sportScotland, who may be able to help with funding for another location, but is has been acknowledged that establishing another Centre could take up to two years. Help from Stirling

• Approaches have been made to neighbouring Councils to try to establish short-term arrangements in their premises.

• Evaluating whether Stirling Council has suitable premises which could be used by Riding for the Disabled.

• Contacting local farmers to identify whether any suitable premises could be found.

• This work is continuing with the Riding for the Disabled Development Manager.

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Planning The issue has been investigated and there are no planning issues relating to the Disabled Centre.

c. Stirling’s Friendship Link with Dunedin, Florida On 21 December 1964 the Royal Burgh of Stirling resolved to approve an affiliation with the City of Dunedin, Florida, USA in the Sister City - People to People - Programme. The purpose of the programme was to promote goodwill and understanding. Since then there have been many visits between the citizens of both cities, for tourism, business or trade, education and pipe and drum competitions. The Smith Art Gallery and Museum loaned its Battle of Bannockburn exhibition to the Dunedin Historical Museum. From 24 June to 17 August the Smith will be displaying the "Delightful Dunedin" exhibition celebrating 50 years of the sister city link. The Vice Mayor of Dunedin, Julie Scales, is leading a delegation visiting Stirling from 27 June to 1 July.

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