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MINUTE OF MEETING of the CLACKMANNANSHIRE COUNCIL held within the Council Chamber, Greenfield, Alloa, on THURSDAY 31st MAY 2007.

PRESENTProvost Derek Stewart (Chair)

Councillor Donald Balsillie

Councillor John Biggam

Councillor Janet Cadenhead

Councillor Alastair Campbell

Councillor Eddie Carrick

Councillor Kenneth Earle

Councillor Mark English

Councillor Irene Hamilton

Councillor Craig Holden

Councillor George Matchett

Councillor Bobby McGill

Councillor Harry McLaren

Councillor Tina Murphy

Councillor Reverend Sam Ovens

Councillor Janis Paterson

Councillor Garry Womersley

IN ATTENDANCEDave Jones, Chief Executive

Jeni Graham, Director of Development and Environmental Services

Jackie McGuire, Head of Administration and Legal Services

APOLOGIES for absence were received from Councillor Walter McAdam and Rev Mairi Lovett (Religious Representative on Education Matters).

The Provost indicated that an additional report seeking delegated power to the Regulatory Sub-Committee would be taken as the last item of business on the agenda. In terms of Standing Order 10, the Provost agreed to accept this item onto the agenda.for the following reason:

Administration and Legal Services has recently been made aware of premises in Clackmannanshire that have gaming machines that are not presently licensed. Itis understood that there are no general objections to the machines staying in place but immediate action is needed in order to regulate matters.

CC.09/01MINUTE OF MEETING HELD ON 24th MAY 2007

There was submitted a minute of the meeting held on Thursday 24th May 2007, a copy of which had been circulated as a late item to each Member.

CC.06 – Elected Member Representation on Outside Bodies: University of Stirling Conference – the Council agreed that the minute be amended to read that Councillor Balsillie had nominated Councillor McAdam, seconded by Councillor Womersley.

Subject to the above amendment, the minute of the meeting held on Thursday 24th May 2007 was accepted as a correct record and signed by the Provost.

CC.10CHANGES TO STANDING ORDERS

There was submitted a report by Jackie McGuire, Head of Administration and Legal Services, a copy of which had been circulated previously to each Member.

The Council agreed to approve the changes to Standing Orders set out in the Appendix to the report.

These changes amend Standing Orders as approved by Council in December 2005.

Action: Dave Jones, Director of Services to People

CC.11FILLING OF VACANCIES: PORTFOLIOS AND COMMITTEES

There was submitted a report by Jackie McGuire, Head of Administration and Legal Services, a copy of which had been circulated previously to each Member.

Councillor Cadenhead moved to nominate the undernoted members as Portfolio Holders. Seconded by Councillor McGill

Portfolio Holders:

SustainabilityCouncillor Eddie Carrick

InclusionCouncillor George Matchett

RegenerationCouncillor Reverend Sam Ovens

PartnershipCouncillor Kenny Earle

Councillor Womersley moved to nominate the undernoted member as a Portfolio Holder. Seconded by Councillor Paterson.

ScrutinyCouncillor Donald Balsillie

The Council agreed unanimously to approve the Portfolio Holder appointments.

The Council also agreed that, in line with its decision of 24th May, the Council’s representative on NHSForthValley would be the Regeneration Portfolio Holder, Councillor Reverend Ovens.

Appointment of Committee Conveners and Vice-Conveners:

Convener of the Regulatory Committee:

Councillor Cadenhead moved that Councillor Alastair Campbell be nominated as Convener of the Regulatory Committee. Seconded by Councillor McGill.

The Council agreed to approve Councillor Campbell’s nomination as Convener of the Regulatory Committee.

Vice-Convener of the Regulatory Committee:

Councillor Paterson moved that Councillor Tina Murphy be nominated as Vice-Convener of the Regulatory Committee. Seconded by Councillor Balsillie.

The Council agreed to approve Councillor Murphy’s nomination as Vice-Convener of the Regulatory Committee.

Convener of the Regulatory Sub-Committee:

Councillor Campbell moved that Councillor Biggam be nominated as Convener of the Regulatory Sub-Committee. Seconded by Councillor Holden.

Councillor Balsillie moved that Councillor Paterson be nominated as Convener of the Regulatory Sub-Committee. Seconded by Councillor Murphy.

On a division, the Council agreed by 11 votes to 6 to approve Councillor Biggam’s nomination as Convener of the Regulatory Sub-Committee.

Vice-Convener of the Regulatory Sub-Committee:

Councillor Campbell moved that Councillor Paterson be nominated as Vice-Convener of the Regulatory Sub-Committee. Seconded by Councillor Murphy.

The Council agreed to approve Councillor Paterson’s nomination as Vice-Convener of the Regulatory Sub-Committee.

Convener of the Workforce Committee:

Councillor Cadenhead moved that Provost Derek Stewart be nominated as Convener of the Workforce Committee. Seconded by Councillor McGill.

The Council agreed to approve Provost Stewart’s nomination as Convener of the Workforce Committee.

Vice-Convener of the Workforce Committee:

Councillor Biggam moved that Councillor Craig Holden be nominated as Vice-Convener of the Workforce Committee. Seconded by Councillor McGill.

The Council agreed to approve Councillor Holden’s nomination as Vice-Convener of the Workforce Committee.

Committee Membership

The Council agreed the following committee memberships.

Scrutiny Committee Members (8 in total)

Councillor Donald Balsillie (SNP)

Councillor Mark English (SNP

Councillor Gary Womersley (SNP)

Councillor Harry McLaren (LAB)

Provost Derek Stewart (LAB)

Councillor John Biggam (LIB DEM)

Councillor Alastair Campbell (CONS)

Councillor Craig Holden (IND)

Regulatory Committee Members (10 in total)

Councillor Alastair Campbell (CONS)

Councillor Kenny Earle (LAB)

Councillor George Matchett (LAB)

Councillor Bobby McGill (LAB)

Councillor Harry McLaren (LAB)

Provost Derek Stewart (LAB)

Councillor Mark English (SNP)

Councillor Walter McAdam (SNP)

Councillor Tina Murphy (SNP)

Councillor Gary Womersley (SNP)

Regulatory Sub-Committee Members (6 in total)

Councillor John Biggam (LIB DEM)

Councillor Janis Paterson (SNP)

Councillor Irene Hamilton (SNP)

Councillor Kenny Earle (LAB)

Councillor George Matchett (LAB)

Provost Derek Stewart (LAB)

Workforce Committee Members (6 in total)

Provost Derek Stewart (LAB)

Councillor Janet Cadenhead (LAB)

Councillor Bobby McGill (LAB)

Councillor Craig Holden (IND)

Councillor Tina Murphy (SNP)

Councillor Janis Paterson (SNP)

Action: Dave Jones, Chief Executive

CC.12PROPOSED REGULATORY COMMITTEE – 7TH JUNE 2007 – SUSPENSION OF STANDING ORDERS

There was submitted a report by Jackie McGuire, Head of Administration and Legal Services, a copy of which had been circulated previously to each Member.

The Council agreed to suspend Standing Order 7.1 to enable the calling of a meeting of the Regulatory Committee on Thursday 7th June 2007 without the requirement for the notice of the meeting being published 5 clear working days in advance of the meeting, subject to the notice being published no later than three clear working days before the date of the meeting.

Action: Dave Jones, Chief Executive

CC.13GLENOCHIL PRISON VISITING COMMITTEE

There was submitted a report by Aileen Littlejohn, Support Services Manager, and Eileen McKinsley, Administration Officer, Chief Executive’s Service, a copy of which had been circulated previously to each Member.

The Council agreed to note the information set out in the report and to approve the nomination of Mr Alan McKechnie and Mr Ian Robertson as non-Council representatives on Glenochil Prison Visiting Committee.

The Council also agreed the nominations of Councillor Earle and Councillor Biggam to Glenochil Prison Visiting Committee as an interim arrangement until such times as responsibility for the Visiting Committee is assumed by Fife and Forth Valley Criminal Justice Authority. The Council also agreed that a third nomination should proceed to external advert.

Action: Dave Jones, Chief Executive

CC.14CORNTON VALE PRISON VISITING COMMITTEE

There was submitted a report by Aileen Littlejohn, Support Services Manager, and Eileen McKinsley, Administration Officer, Chief Executive’s Service, a copy of which had been circulated previously to each Member.

The Council agreed to note the information set out in the report and to approve the nomination of Mrs Mary MacLennan to Cornton Vale Prison Visiting Committee.

The Council made no elected member nomination to Cornton Vale Prison Visiting Committee.

Officers were asked to look at Fife and Forth Valley Criminal Justice Authority’s intentions in relation to Cornton Vale Prison Visiting Committee.

Action: Dave Jones, Chief Executive

CC.15DELEGATED POWER TO THE REGULATORY SUB-COMMITTEE

There was submitted a report by June Andison, Licensing Administrator, a copy of which had been circulated previously to each Member as an additional item.

The Provost agreed to accept this item onto the agenda for the reasons stated at the start of the meeting that Administration and Legal Services had recently been made aware of premises with gaming machines that are not presently licensed.

As an interim measure, the Council agreed to extend the remit of the Regulatory Committee and the Regulatory Sub-Committee to include delegated authority to grant or suspend gaming machine permits to entertainment premises.

Following the implementation of the Gambling Act 2005 on 1st September 2007, grant or suspension of gaming machine permits to entertainment premises will be dealt with by the Licensing Board.

Action: Dave Jones, Chief Executive

The Council agreed to adjourn for 15 minutes at this point in the proceedings to allow the author of the following report to be present in the Chamber. When the meeting re-convened there were 17 members present.

CC.16SALE OF COUNCILLAND, WARDLAW STREET, COALSNAUGHTON

There was submitted a report by George Adamson, Team Leader, Property Services, a copy of which had been circulated previously to each Member.

On a division, the Council agreed by 14 votes to 0 with 3 abstentions, to approve the sale of 1.09 acres of land at Wardlaw Street, Coalsnaughton, to Hazledene (Coalsnaughton) Ltd for the sum of £1,050,000.

The Council agreed that the sale be subject to the purchaser securing planning consent for the development linked to the completion of a Section 75 Agreement designed to ensure the replacement of recreational ground, infrastructural improvements and new community sports facilities.

Action: Garry Dallas, Director of Development and Environmental Services

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A draft list of proposed Council and Committee meeting dates until June 2008 was made available to Members. Members were asked to comment to Aileen Littlejohn, Support Services Manager, by 8th June 2007.