Council 25.10.12 Full Meeting Papers 1

7/31/2019 Council 25.10.12 Full Meeting Papers 1

1/507

Notice of Meeting and Agenda

The City of Edinburgh Council

Thursday, 25 October 2012 at 10 amin the City Chambers, High Street, Edinburgh

1 Order of Business

Including any notices of motion and any other items of business submitted asurgent for consideration at the meeting.

2 Declaration of Interests

Members should declare any financial and non-financial interests they have inthe items of business for consideration, identifying the relevant agenda itemand the nature of their interest.

3 Deputations

If any

4 Questions

4.1 By Councillor Edie Affordable Housing Capital Investment foranswer by the Convener of the Health, Social Care and HousingCommittee

4.2 By Councillor Edie Self Management Funding for People withLong Term Health Problems for answer by the Convener of theHealth, Social Care and Housing Committee

4.3 By Councillor Edie Affordable Housing Securing PlanningConsent Survey 2011/12 for answer by the Convener of the Health,Social Care and Housing Committee

5 Minutes

5.1 Health, Social Care and Housing Committee of 11 September 2012

(circulated) submitted for approval as a correct record

5.2 Economic Development Committee of 18 September 2012(circulated) submitted for approval as a correct record


2/507

5.3 The City of Edinburgh Council of 20 September 2012 (circulated) submitted for approval as a correct record

5.4 Finance and Resources Committee of 25 September 2012(circulated) submitted for approval as a correct record

5.5 Audit Committee of 27 September 2012 (circulated) submitted forapproval as a correct record

5.6 Policy and Strategy Committee of 2 October 2012 (circulated) submitted for approval as a correct record

5.7 Pensions and Trusts Committee of 3 October 2012 (circulated) submitted for approval as a correct record

5.8 Education, Children and Families Committee of 9 October 2012(circulated) submitted for approval as a correct record

5.9 Transport, Infrastructure and Environment Committee of11 October 2012 (to follow) submitted for approval as a correct record

5.10 Culture and Leisure Committee of 23 October 2012 (to follow) submitted for approval as a correct record

6 Appointments

If any

7 Reports from Committees

7.1 Leaders Report (circulated)

8 New Business

8.1 The New Portobello High School and New St Johns RC PrimarySchool report by the Director of Children and Families (circulated)

8.2 Edinburgh Tram Project Update report by the Director ofCorporate Governance (to follow)

8.3 Management Rules for Public Parks and Greenspace 2013-2023 report by the Director of Services for Communities (circulated)

Note: The above report was continued by the Council on20 September 2012

8.4 Governance Review and Transformation Programme report by theChief Executive (circulated)

(a) Operational Governance: Contract Standing Orders,

Financial Regulations and Guidance for Appointment ofConsultantsreport by the Director of Corporate Governance(circulated)


3/507

(b) Strategic Governance:

(i) Council Performance Frameworkreport by theDirector of Corporate Governance (circulated)

(ii) Strategic Plan report by the Director of CorporateGovernance (circulated)

(iii) A Framework to Advance a Cooperative Capital2012/17 report by the Director of Corporate Governance(circulated)

(c) Programme Governance: Edinburgh TransformationProgrammereport by the Director of Corporate Governance(circulated)

8.5 Best Value Audit Submission report by the Chief Executive(circulated)

8.6 Audited 2011/12 Financial Statements report by the Director ofCorporate Governance (circulated)

9 Reports from Neighbourhood Partnerships

If any

10 Notices of Motion for Debate at Council

10.1 By Councillor Chapman Workfare continued by the Council on20 September 2012

Council:

Notes the Workfare scheme introduced by the WestminsterGovernment that forces people on welfare to work without paymentunder threat of loss of benefits;

Believes that this undermines paid employment, genuine volunteeringand the social welfare system, and does not benefit individuals orcommunities, but perpetuates poverty;

Resolves not to take part in any Workfare or other forced labourscheme.

10.2 By the Lord Provost Strategic Defence and Security Review

That the City of Edinburgh Council:

(a) notes that significant numbers of armed forces personnel arebeing made redundant as part of staffing reductions under theterms of the Strategic Defence and Security Review (SDSR).


4/507

(b) notes the potential for former military personnel to return toEdinburgh without employment and requiring housing and othersupport services.

(c) calls for a report to assess the potential implications and

availability of Council and other specialist support services forveterans.

10.3 By Councillor Burns Inter-faith Relations within Edinburgh

Council deeply regrets the production and broadcasting of an internetfilm The Innocence of Muslims which has offended Muslims andincreased racial tension.

Council believes that the violent reaction to the film, most notably inLibya and Egypt, is to be deplored.

Council firmly believes in the principle of free speech, which shouldprovide an equal voice to all in society, but is also aware that freespeech comes with a responsibility not to undermine the freedom andliberty of others and should not incite hatred or crime.

The City of Edinburgh Council will continue to be steadfast in itsprotection of religious groups from attacks and also in its condemnationof reactionary violence and hate crime.

Furthermore, Council resolves to contact the various faith groups of the

city to canvass their opinion on how to further improve inter-faithrelations within Edinburgh.

Carol CampbellActing Head of Legal, Risk and Compliance


5/507

Notes:

1) If you have any questions about the agenda or meeting arrangements, pleasecontact Allan McCartney, Committee Services, City of Edinburgh Council, CityChambers, High Street, Edinburgh, EH1 1YJ; 0131 529 4246; e-mail

[email protected].

2) A copy of the agenda and papers for this meeting will be available forinspection prior to the meeting at the main reception office, City Chambers,High Street, Edinburgh.

3) The agenda, minutes and public reports for this meeting and all the mainCouncil committees can be viewed online by going towww.edinburgh.gov.uk/meetings. Members and Officers of the Council canalso view them by going to the Orb home page and clicking on CommitteePapers Online.

Webcasting of Council Meetings

Please note: this meeting may be filmed for live or subsequent broadcast viathe Councils internet site at the start of the meeting the Lord Provost willconfirm if all or part of the meeting is being filmed.

You should be aware that the Council is a Data Controller under the DataProtection Act. Data collected during this webcast will be retained inaccordance with the Councils published policy.

Generally the public seating areas will not be filmed. However, by entering theCouncil Chamber and using the public seating area, you are consenting tobeing filmed and to the possible use of those images and sound recordings forweb casting or training purposes.

If you have any queries regarding this, please contact Committee Services on0131 529 4105 [email protected].

Please recycle this paper
mailto:[email protected]://www.edinburgh.gov.uk/meetingsmailto:[email protected]:[email protected]://www.edinburgh.gov.uk/meetingsmailto:[email protected]


6/507

Item no 4.1

QUESTION NO 1 By Councillor Edie for answer by theConvener of the Health, Social Care

and Housing Committee at a meetingof the Council on 25 October 2012

Question When did the Convener and/or Vice-Convener of the Health,Social Care and Housing Committee last meet with theScottish Governments Housing Minister to press the casefor Edinburghs fair share of capital investment in affordablehousing?


7/507

Item no 4.2



Question Noting the announcement of 6 million to fund SelfManagement for people with long term health problems:

(a) How much of this will be spent in Edinburgh?

(b) How much, if any, of this funding will this Council

receive?

(c) Will the Convener give us an assurance that any ofthat funding which may come to this Council will bespent on additional support beyond that alreadybudgeted for?


8/507

Item no 4.3



The Affordable Housing Securing Planning Consent Survey2011/12 published in September showed that Edinburghwas building almost 30% of the affordable homes inScotland.

Question (1) Does the Convener agree that "These figures show that

Edinburgh has become one of the UK's leading localauthorities in delivering badly-needed new affordablehomes?

Question (2) Does he also agree that "Our planning and investmentpolicies, linked to a positive and co-operative relationshipbetween the Council and developers, builders and housingassociations has resulted in this record number ofapprovals?


9/507

Item no

Committee Minutes

Health, Social Care and Housing Committee

Edinburgh, 11 September 2012

Present:- Councillors Ricky Henderson (Convener), Day (Vice-Convener), Aitken,

Bridgman, Burgess (substituting for Councillor Corbett), Chapman, Child (substitutingfor Councillor Doran), Bill Cook, Dixon, Edie, Griffiths, Bill Henderson, Heslop, Lunn,Ross, Rust and Work.

In Attendance:- Councillor Mowat (item 2).

1 Minutes

Decision

To approve the minute of the Health, Social Care and Housing Committee of19 June 2012 as a correct record.

2 Short-Term Private Lets Review Findings

The Committee had previously agreed, in response to a motion by CouncillorMowat, to review the powers available to deal with the impact of short termprivate lets used as party flats.

Details were provided of the review undertaken in response and outlined futurecontrol options.

Councillor Mowat was heard in regard to her previous motion.

Motion

1) To note the contents of the report regarding the review findings.

2) To note the development and introduction of new comprehensiveAntisocial Behaviour procedures given.

3) To agree that a Short Let Task Force be formed.

5.1


10/507

2

Health, Social Care and Housing Committee11 September 2012

4) To agree that Opinion of Counsel be sought to clarify and explore thelegal position in relation to future planning and licensing control of short-term let activities as described in the report.

5) To note that the report would form the basis of a further report to theHealth, Social Care and Housing Committee, following the receipt ofCounsel Opinion and further consideration by the review group.

- moved by Councillor Ricky Henderson, seconded by Councillor Day.

Amendment

1) To approve recommendations 8.1 (a), (b), (c) and (e) in the report by theDirector of Services for Communities

2) To delete recommendation 8.1(d) of the Directors report and replace it with:

At the same time as the Task Force is working, explore all ways in whichplanning policy could more effectively deal with these properties. This reviewshould include Opinion of Counsel; evidence from other Councils as to theactual impact of planning controls; and consideration of enforcementpracticalities if planning controls are in place.

- moved by Councillor Chapman, seconded by Councillor Burgess.

Voting

For the motion - 15For the amendment - 2

Decision

To approve the motion by Councillor Ricky Henderson.

(References Health, Social Care and Housing Committee 6 March 2012 (item1.2); report by the Director of Services for Communities, submitted.)


11/507

3


3 Motion by Councillor Ricky Henderson Lothian andEdinburgh Abstinence Project, Malta House

The following motion by Councillor Ricky Henderson was submitted in terms ofStanding Order 28:-

That Health, Social Care and Housing Committee:

a) commends the work of Lothian and Edinburgh Abstinence Project (LEAP)in supporting people with addictions to become drug and alcohol free

through the provision of a structured treatment and rehabilitation dayprogramme and aftercare.

b) notes that LEAP is currently based at Malta House, a property owned bythe Church of Scotland.

c) notes that the Church of Scotland intends to sell Malta House and gave6 months notice of their intention to terminate the lease from January2013.

d) agrees that the Director of Health and Social Care takes steps to ensurethat the Council works in partnership with LEAP, the Church of Scotland,

NHS Lothian and other appropriate organisations to find a solution whichwill enable LEAP to continue its valuable work and look at ways ofextending its services.

Decision

To approve the motion.

4 Firrhill Health and Social Care Centre Response to Motion by

Councillor Rust

In response to a motion by Councillor Rust, details were providedon the currentstatus of the Firrhill Health and Social Care Centre project, including clarificationas to the roles and involvement of the Council and various partner agencies.

Details were provided on the history of the Centre and progress made on theproject.

Decision

1) To note the history of the Centre to date.


12/507

4


2) To note the recent progress made by NHS Lothian in communityengagement and obtaining initial approvals for the project.

3) To receive an update report on the project once the Outline BusinessCase had been finalised.

(References Health, Social Care and Housing Committee of 19 June 2012(item 2); report by the Director of Health and Social Care, submitted.)

Declaration of Interests

Councillor Ricky Henderson declared a financial interest in the foregoing item

as a stakeholder Director of NHS Lothian.

5 Support to Carers

Priorities for support for carers across Edinburgh and proposed developmentsto provide additional support were presented.

Decision

1) To note the proposed developments to increase support to carers:Emergency Scheme, Volunteer Scheme with Online System, and Self

Directed Support to Carers.

2) To note that the Director of Health and Social Care would submit anupdate report in 12 months.

(Reference report by the Director of Health and Social Care, submitted.)

6 Live Well in Later Life 2012-22, Edinburghs JointCommissioning Plan for Older People ConsultationArrangements

Details were presented of the consultation arrangements for the JointCommissioning Plan for Older People 2012-22.

Decision

To note the consultation arrangements.

(Reference report by the Director of Health and Social Care, submitted.)


Councillor Aitken declared a non-financial interest in the foregoing itemas a Director of Oxgangs Care.


13/507

5


7 Health and Social Care Revenue Budget Monitoring 2012/13period three 30 June 2012

The revenue monitoring position of the Health and Social Care Department afterthree months of the financial year 2012/13 was provided.

Decision

To note the contents of the report.

(Reference joint report by the Directors of Corporate Governance and Health

and Social Care, submitted.)

8 Social Work Complaints Review Committee

8.1 27 June 2012

Decision

To approve the recommendations by the Complaints Review Committee.

(Reference report by the Complaints Review Committee, submitted.)

8.2 15 August 2012

Decision

1) To approve the recommendations by the Complaints ReviewCommittee.

2) To note the report by the Chief Social Work Officer.

(References reports by the Complaints Review Committee and the ChiefSocial Work Officer, submitted.)

8.3 22 August 2012 (1)

Decision

1) To approve the recommendations of the Social Work ComplaintsReview Committee.

2) To note the report by the Chief Social Work Officer.

(References reports by the Complaints Review Committee and the ChiefSocial Work Officer, submitted.)


14/507

6


8.4 22 August 2012 (2)

Decision

To note the decisions by the Social Work Complaints Review Committee.

(Reference report by the Complaints Review Committee, submitted.)

9 Rechargeable Repairs Policy

Details were provided of the benefits and viability of a Rechargeable Repairs

policy and approval was sought in principal for the implementation of a policy.

Decision

1) To approve the principle of a Rechargeable Repairs policy ensuring thatpeople at risk or vulnerable people, such as those experiencing abusefrom ex-partners or adults with children who have challenging behaviour,were not prejudiced by the policy.

2) To agree that work should continue towards the implementation of aRechargeable Repairs policy in Spring 2013.

3) To approve consultation of the draft Rechargeable Repairs policy withwider tenant groups and commit to report back to Committee in January2013.

4) To note that tenants experiencing particular hardship during kitchen andbathroom replacement were dealt with sensitively, including permanentrehousing within same multi storey blocks.

5) That a performance monitoring report be submitted to the Committee on

the Policy within one year of its implementation, the report to include:

(a) the number of rechargeable repairs,(b) the cost,(c) the income received,(d) the recovery rate,(e) the number of disputes and outcomes including monitoring by age,

disability, ethnicity and gender.

(References Health, Socail Care and Housing Committee 16 August 2011(item 18); report by the Director of Services for Communities, submitted.)


15/507

7


10 CCTV Telfer Underpass

Details were provided of a proposal to install CCTV in Telfer Underpass andseek capital approval for the project.

Decision

1) To agree the capital expenditure of 50,000 to be met from the Servicesfor Communities Capital allocation.

2) To request the Director of Services for Communities review underpassesin the city in regard to safety issues.

3) To refer the report to Council for approval.

(Reference report by the director of Services for Communities, submitted.)

11 Approaches to Developing Affordable Homes on Council Land

Details were provided on new investment models that could be adopted tosecure delivery of affordable homes on Council land.

Decision

1) To agree that a Corporate Working Group be set up to developprocurement options for delivering affordable homes on Council ownedland.

2) To agree to receive a report from the Corporate Working Group to includerecommendations by December 2012.

(References Health, Social Care and Housing Committee 19 June 2012 (item

14); report by the Director of Services for Communities, submitted.)

12 Adaptations Service: Flexible Options and Solutions

Details were provided of other flexible adaptation options and solutions inaddition to the flexible approach to bathing adaptations in Council housingwhich had been previously reported to Committee.

Decision

1) To note that a flexible approach to the provision of adaptations was inplace and the co-ordinated approach between Services for Communities,


16/507

8


Health and Social Care and Children and Families, continued to reviewother flexible options and solutions.

2) To discharge the remit from the Health, Social Care and HousingCommittee of 6 March 2012.

(References Health, Social Care and Housing Committee 6 March 2012 (item12); joint report by the Directors of Health and Social Care and Services forCommunities, submitted.)

13 The Future of Right to Buy Scottish Government Consultation

Paper

Details were provided of Scottish Governments proposals to change the Rightto Buy (RTB) for Council homes and sought approval for the draft response tothe consultation.

Motion

To approve the draft response to the consultation as detailed in the Directorsreport.

- moved by Councillor Day, seconded by Councillor Work.

Amendment

To recommend that the Committee withdraw the response to the ScottishGovernments consultation, considering it be disproportionate given there wereonly 54 sales with preserved right to buy and 10 sales with modernised right tobuy in 2011/12.

- moved by Councillor Rust, seconded by Councillor Aitken.

Voting

For the motion - 14For the amendment - 3

Decision

To approve the motion by Councillor Day.

(Reference report by the Director of Services for Communities, submitted.)


17/507

9


14 Housing Performance Report April/May 2012

Details were provided of performance management information for Services forCommunities for the period April/May 2012.

Decision

To note performance for the period April/May 2012.


15 Services for Communities: Revenue Budget Monitoring2012/13 Month Three Position

Details were provided of the month three revenue monitoring position during forServices for Communities.

Decision

To note the revenue budget position for 2012/13

(Reference report by the Directors of Corporate Governance and Services forCommunities, submitted.)

16 Empty Homes Task Force

Details were provided of actions being taken by the Council to reduce emptyhomes, and gave proposals for the establishment of an Empty Homes TaskForce to investigate ways to bring empty homes in the private sector back intouse.

Decision

To agree that an Empty Homes Task Force be set up in line with themembership and remit set out in the Directors report.



18/507

10


17 Energy Efficiency:

17.1 Consultations: Developing an Energy Efficiency Standard for SocialHousing and Homes that Dont Cost the Earth: ScotlandsSustainable Housing Strategy

Approval was sought for draft responses to two Scottish Governmentconsultations on an Energy Efficiency Standard for Social Housing andHomes that dont cost the earth: Scotlands Sustainable HousingStrategy.

Decision

1) To approve in principle, the draft response to the consultation on anEnergy Efficiency Standard for Social Housing, and to authorise theDirector of Services for Communities, in consultation with theConvener, to submit the response after considering the request toinclude a greater emphasis on the need to improve energyefficiency of council housing, including measures such as EnergyCompany Obligations, to reduce energy use, fuel bills and carbonemissions from the Councils housing stock.

2) To approve in principle, the draft response to Homes that dont cost

the earth: a consultation on Scotlands Sustainable HousingStrategy, and to authorise the Director of Services for Communities,in consultation with the Convener, to submit the response afterconsidering the request to include options for applying standards inprivate housing which is consistent with the Capital Coalitioncommitment to reduce carbon emissions by 42% by 2020.

(Reference report by the Director of Services for Communities,submitted.)

17.2 Impact of Council Housing Emissions on the Carbon Footprintof Edinburgh

The Policy and Strategy Committee at its meeting on 4 September 2012referred the above report by the Director of Services for Communities tothe Health, Social Care and Housing Committee for consideration

Decision

To note the report .

(Reference Policy and Strategy Committee 4 September 2012 (Item 8),report by the Acting Head of Legal, Risk and Compliance, submitted.)


19/507

11


18 Scottish Social Housing Charter Indicators Scottish HousingRegulator Consultation

Details were provided of the Scottish Housing Regulators (SHR) newRegulatory Framework for monitoring the Scottish Social Housing Charter andapproval was sought for a draft response to a consultation on proposedindicators for measuring social landlords performance.

Decision

To agree the draft response to the consultation as detailed in the Directors

report.


19 National Tenancy Deposit Scheme Publicity Plan

Details were provided on the development of a publicity plan for the nationaltenancy deposit scheme.

Decision

To note the publicity plan for the national tenancy deposit scheme.


20 Rent Collection Performance

Details were provided in the collection of income to the Housing RevenueAccount (HRA) from Council house rents, the pressures arising from theupcoming welfare reforms and the actions being taken in response.

Decision

1) To discharge the remit from Finance and Resources Committee on 31 July2012 to report on the impact of legislative changes on rent collectionperformance.

2) To note the content of the report.


20/507


12

3) To note that further reports would be presented as the rent servicesredesign project develops.

4) To note that a report on welfare reform is scheduled to be reported toPolicy and Strategy Committee on 2 October 2012.

(References Finance and Resources Committee 31 July 2012 (Item 21),report by the Director of Services for Communities, submitted.)


21/507

Item No

Committee Minutes

Economic Development Committee


Present:- Councillors Munro (Vice-Convener), Austin Hart, Blacklock, Chapman, Bill

Cook, Edie, McVey, Milligan, Orr (substituting for Councillor Buchanan), Paterson,Rankin, Ross and Rust.

1 Convener

In the absence of the Convener, Councillor Munro chaired the meeting.

2 Minute

Decision

To approve the minute of the Economic Development Committee of 26 June2012 as a correct record.

3 Presentation - Changes to Employability Provision

Jim Rafferty, Capital City Partnership, gave a presentation on working towardsan integrated employment and skills service in Scotland.

He described the background, underpinning principles, the potential forintegration and recommendations, then answered questions from electedmembers on the detail of the proposals.

Decision

To thank Mr Rafferty for his interesting and informative presentation.

5.2


22/507

2Economic Development Committee

18 September 2012

4 Economic Development Service: Progress Against the Three

Year Plan 1 April 2012 to 30 June 2012

Details were given of the work of the Economic Development Service since thelast Committee meeting and on progress towards meeting the core objectives inthe three year plan for 2012/13 to 2014/15

Decision

1) To note the progress of the Economic Development Service since the lastCommittee cycle.

2) To note the developments in the economy.

3) That a meeting be sought with Edinburgh Airport Board of Directors inrelation to investment support and that the Board be invited to attend afuture meeting of the Committee to deliver a presentation on the subject.

4) That the Head of Economic Development report to a future Committee onthe Employability and Skills activities in relation to looked-after children.

5) That consideration be given to the inclusion of the Edinburgh Guarantee infuture funding agreements.

(Reference report by the Head of Economic Development, submitted.)

5 Economic Development Service: Audit of Performance for2009/10 to 2011/12

Decision

To note the progress on the audit of the performance of the Economic

Development Service 2009/10-2011/12.


6 City Development Revenue and Capital Budget Monitoring2012-13 Month 4 Position to 31 July 2012

Details were given of the monitoring position of City Development after 4months of the financial year and an update given on the projected outturn for

2012/13.


23/507

Economic Development Committee

18 September 2012

3

Decision

1) To note City Development currently projected an outturn forecast in linewith the approved budget for 2012/13.

2) To note the revenue budget would continue to be monitored throughout2012-13 with measures identified to mitigate any risks to a balancedbudget that emerge as the year progresses.


7 Development Activity Bulletin 2011

The Planning Committee had recently considered a report by the Director ofServices for Communities on the Councils fourth annual Development ActivityBulletin, which summarised the amount of development recently-delivered orprocessed through the planning process in Edinburgh, in terms of market value.

Decision

1) To note the report.

2) That the Head of Economic Development report to a future meeting of theCommittee on the methods used by other cities in Scotland to securefuture investment.

(Reference Planning Committee of 9 August 2012 (item 4); report by theActing Head of Legal, Risk and Compliance, submitted.)

8 Canal Champion

Decision

That Councillor Munro be appointed as Canal Champion.



24/507

Item no 5.3

Committee Minutes

The City of Edinburgh Council Year 2012/2013

Meeting 5 Thursday, 20 September 2012

Edinburgh, 20 September 2012. At a meeting of The City of Edinburgh Council.

Present:-

LORD PROVOST

The Right Honourable Donald Wilson

COUNCILLORS

Elaine AitkenRobert C AldridgeNorma Austin HartNigel Bagshaw

Jeremy R BalfourGavin BarrieAngela BlacklockChas BoothMike BridgmanDeidre BrockSteve BurgessAndrew BurnsRonald CairnsSteve CardownieMaggie Chapman

Maureen M ChildBill CookNick CookGavin CorbettCammy DayDenis C DixonKaren DoranPaul G EdieCatherine FullertonNick GardnerPaul Godzik

Joan GriffithsBill Henderson

Ricky HendersonDominic R C HeslopLesley HindsSandy Howat

Allan G JacksonKaren KeilDavid KeyRichard LewisAlex LunnMelanie MainMark McInnesAdam McVeyEric MilliganJoanna MowatGordon J Munro

Jim OrrLindsay PatersonIan PerryAlasdair RankinVicki RedpathCameron RoseFrank RossJason G RustAlastair ShieldsDavid WalkerIain Whyte

Norman Work


25/507

2

The City of Edinburgh Council20 September 2012

Donald Gorrie and Jimmy Cook Tributes

Councillor Edie paid tribute to Donald Gorrie, former city Councillor, MP and MSP,who had died on 25 August 2012. He had served the city as a member of LothianRegional, Edinburgh District and Edinburgh City Councils and as an MP and MSP fora total of 37 years.

The Lord Provost paid tribute to Jimmy Cook, former Edinburgh Councillor, who haddied on 6 September 2012. He referred to his long service to the city as a Councillorfrom 1962 to his retirement in 1996 and as Convener of Lothian Regional Councilfrom 1986-1990.

The Council observed a minutes silence in their memory.

1 Disposal of Leith Waterworld

A marketing campaign for the leasehold interest in Leith Waterworld had beencarried out. Bids to re-open and operate the facility had been submitted bySplashback.

(a) Deputation Splashback

The deputation explained that the Splashback campaign had been formedarising from the shared concern of residents over the closure of animportant community leisure facility. The campaign had attractedwidespread support from individuals and a diverse range of organisationsacross the city.

The deputation acknowledged that Splashbacks bid for Leith Waterworld(LWW) was conditional and that further work was required to develop adetailed business case. However, the bid highlighted the community,social and health benefits of re-opening LWW. Splashbacks vision for

LWW was to provide a wide range of leisure facilities and create aninclusive hub for health and well-being.

While the deputation was grateful for the Councils willingness to work withSplashback, they asked the Council to demonstrate what could beachieved by a co-operative Council. They urged the Council to workproactively in partnership with a credible and enthusiastic communitygroup and make a practical commitment to assist in developing a businesscase which would deliver the opportunity to re-open LWW.


26/507

3


(b) Joint Report by the Directors of Corporate Governance and Servicesfor Communities

The outcome of the marketing of the long leasehold interest in LeithWaterworld following the closing date of 7 August 2012 was detailed.Approval was sought to reject the bids that had been received and toundertake a fresh marketing campaign for the property.

Letters in support of Splashback had been received from a number oforganisations and Mark Lazarowicz, MP.

Motion

1) To agree with the independent GVA report as detailed in theappendix to the joint report by the Directors of Corporate Governanceand Services for Communities and reject the bid/s received fromSplashback (as they were currently configured) as they were notcommercially acceptable and did not demonstrate best value.

2) To note GVA indicated that the anticipated timescale for any furtherclosing date, market conditions permitting, would not be before thefirst quarter of 2013.

3) Therefore, to further agree that the re-marketing of the propertyshould take place in due course, if required, but not before 1February 2013.

4) Thus, to use the intervening 4 months (October-January) to givefurther support to the Splashback Community Bid, in an effort tosubmit an offer that was commercially acceptable and demonstratedbest value. This support to include:

Dedicated assistance from Economic Development (or otherappropriate) Council Officers.

The aim being to ascertain whether Community Ownershipcould be commercially viable and of best value to theCouncil.

Within a strict deadline by 31 January 2013 and the meetingof full Council that day.

- moved by Councillor Lewis, seconded by Councillor Austin Hart (onbehalf of the Capital Coalition).


27/507

4


Amendment 1

1) To note the GVA report recommending rejection of the bids receivedfrom Splashback and the remarketing of the property in due coursedue to perceived deficiencies in the Splashback business casesubmitted, the lack of a feasibility study and the requirement forongoing subsidy.

2) To note however that only one party submitted bids followingextensive marketing of the site.

3) Further, to note that GVA considered that the "development potential

[of the Waterworld site] is [...] limited", that the "commercial attractionis poor", that "alternative uses [for the Waterworld site] are limited",and that aspirations for a capital value in the region of 1.5m shouldbe lowered.

4) Further, to note that the GVA report had considered only thecommercial aspects of the Splashback bids, ignoring the nearly250,000 in social benefit that the pool could offer to a ward such asLeith which contained areas of high deprivation.

5) Bearing in mind the negative comments from GVA on the prospects

of a commercial bid for the site and the very substantial socialbenefits that reopening the pool would bring, to delay remarketing thesite, and use the intervening time to work co-operatively with theSplashback group to try to overcome any perceived shortcomings intheir bid.

6) To agree that the co-operative working outlined in paragraph 5 aboveshould include, but not be limited to, the following:

(a) to offer support from Council Officers from the new Co-operativeDevelopment Unit, or any other department considered

appropriate, to further refine the Splashback business case;

(b) to enter into discussions with Splashback, without prejudice, toexplore the possibility of an ongoing subsidy for the pool.

7) Further, to continue the co-operative working until Splashback werein a position to submit a revised bid or until both parties by mutualagreement concluded that a viable bid was not possible.

8) Further, to agree that any revised bid submitted under paragraph 7should be referred to full Council for a decision, and should be

accompanied by an officer report assessing the bid on the basis ofbest value.


28/507

5


9) To agree that, should no viable bid be forthcoming following theperiod of cooperative working outlined in paragraph 7, the site should

then be remarketed as proposed by GVA.

- moved by Councillor Booth, seconded by Councillor Chapman (on behalfof the Green Group).

Amendment 2

To approve the recommendation by the Directors of CorporateGovernance and Services for Communities:

That the Council agrees with the GVA report to reject the bid receivedfrom Splashback and the remarketing of the property in due course. Theanticipated timescale for a further closing date, market conditionspermitting, would not be before the first quarter of 2013.

- moved by Councillor Balfour, seconded by Councillor Paterson (on behalfof the Conservative Group.

Voting

The voting was as follows:

For the motion - 38 votesFor amendment 1 - 6 votesFor amendment 2 - 11 votes

Decision

To approve the motion by Councillor Lewis.

(References Act of Council No 22 of 28 June 2012; letters in support of

Splashback; joint report no CEC/39/12-13/CG&SfC by the Directors ofCorporate Governance and Services for Communities, submitted.)


Councillors Austin Hart, Balfour, Booth, Cairns and Lewis declared a non-financial interest in the above item as Directors of Edinburgh Leisure.

2 Questions

The question put by a member to this meeting, written answer andsupplementary question and answer are contained in appendix 1 to this minute.


29/507

6


3 Minute

Decision

To approve the minute of the Council of 23 August 2012 as a correct record.

4 Appointments to Council Companies

The Lord Provost ruled that the following item, notice of which had been givenat the start of the meeting, be considered as a matter of urgency in order that itbe considered timeously.

Councillor Buchanan had resigned as Director of a number of Councilcompanies with effect from 19 September 2012 and the Council was invited tomake nominations to the companies in his place.

Decision

1) To nominate Councillor Ross to the boards of the following Councilcompanies:

Capital City Partnership Limited

Gyle Developments LimitedMarketing Edinburgh LimitedWaterfront Edinburgh Limited.

2) To instruct the Director of Corporate Governance to take the necessarysteps on behalf of the Council to appoint Councillor Ross to the boards.

(References Act of Council No 2 of 24 May 2012; report no CEC/44/12-13/CGby the Director of Corporate Governance, submitted.)

5 Leaders Report

The Leader presented his report to the Council. The Leader commented on:

Donald Gorrie and Jimmy Cook

Live webcast of Council meetings

Portobello High School legal judgement

Refuse collections schedule changes

Urban Broadband Fund confirmation of 10.7m award to Edinburgh.


30/507

7


The following questions/comments were made:

Councillor Jackson - Jimmy Cook

Councillor Balfour - Jimmy Cook and Donald Gorrie- Children and Families Department

appreciation for work on Portobello HighSchool project

- Congratulations to athletes for their successat the Olympic and Paralympic Games

- Refuse collection schedule changes- Councils governance structure budget

process

Councillor Mowat - Refuse collection- clarity on collection rates- bin operatives training- ABM decision

Councillor Burgess - Jimmy Cook and Donald Gorrie- Edinburgh Economic Strategy social

benefits and environmental impact

Councillor Austin Hart - Council Co-operatives update ondevelopment

Councillor Rankin - Council budget process

Councillor Rose - Urban Broadband Fund

Councillor Aldridge - Public contact with Council- Public consultation on major policies

Councillor Booth - Congratulations to Duncan Place Resource

Centre Youth Samba Band performanceat Paralympics

Councillor Howat - Tribute to Edinburgh resident Jeni Ayriskilled in suicide attack in Afghanistan

Councillor Day - Urban Broadband Fund

Councillor Edie - Jimmy Cook- Cyrenians Homeless Prevention project

success

- Funding for carers


31/507

8


Councillor McVey - White Ribbon Scotland Campaign to endviolence against women

Councillor Work - Urban Broadband Fund inclusion of ruralareas

(Reference report no CEC/42/12-13/L by the Leader, submitted.)

6 Community Empowerment and Renewal Bill ScottishGovernment Consultation

The Policy and Strategy Committee had referred recommendations, in terms ofStanding Order 53, on the Councils draft response to the ScottishGovernments consultation on the Community Empowerment Bill.

Motion

1) To note the Scottish Governments proposals and timescales forprogressing the Community Empowerment and Renewal Bill.

2) To approve the Councils draft response to the consultation as detailed inthe appendix to report no PS/20/12-13/SfC by the Director of Services for

Communities.

3) To discharge the motion by Councillor Chapman.

- moved by Councillor Burns, seconded by Councillor Brock (on behalf of theCapital Coalition).

Amendment 1

1) To note the draft response and to thank officers for the considerable workthat had gone into pulling this together.

2) To approve the draft response, with the following additions or changes:

(a) Add new paragraph to response to Q2:

Key to improving the Neighbourhood Partnership approach is thedevolution of further power and responsibility to communities,including more local control of budgets, as this will motivate localpeople to become more involved.


32/507

9


(b) Change the second paragraph of the response to Q5 as follows:

From the planning perspective, an overarching duty to engage isperhaps not necessary, especially given the statutory duties built in tothe land use planning system. However, what is required is betterapplication of these duties; communities still often feel excluded bythe planning process, and do not have as much power to contributeto decision making as do developers, for example. There needs tobe parity in treatment of communities and developers within theplanning system, so that communities can influence developments intheir local areas more transparently.

(c) Add new paragraph to response to Q6:

Community Councils need increased support from Local Authoritiesto enable them to engage more members of their communities, andthus be more effective representatives. It should not be assumedthat Community Councils are simply conduits for delivering orimplementing Council policy; they should be encouraged to developtheir own plans, and properly resourced so to do.

(d) Add new paragraph to response to Q8:

It is generally recognised that Community Councils need increasedsupport, including financial and administrative support and access toprofessional advice, from Local authorities in order to effectively fulfiltheir current constitutional and statutory duties.

(e) Question 18 should be answered Yes.

(f) Question 19 should be answered Yes, and the reasons given asfollows:

Communities should be able to request the right to manage certain

local budgets; some budgets certainly lend themselves to this, forexample environmental projects where local knowledge is a keyingredient to success. If this were to happen, communities wouldhave to be properly supported in the developing of budgetarypriorities, ensuring transparency and accountability. ParticipatoryBudgeting mechanisms should be developed by the community withsupport from the Local Authority for specific services and projects.The Local Authorities could still choose, in consultation with localpeople, to retain control of some local areas of spending.


33/507

10


(g) Add new paragraph to response to Q22:

Community control of public assets should not be limited to unusedor underused public sector assets, but could be extended to a widevariety of successfully utilised assets.

(h) Add new paragraph to response to Q25:

However, communities should be supported by the Local Authority inthe use of common good assets, and to ensure that these assets areused to best effect. National guidelines on community use ofcommon good assets would be welcomed.

(i) Add new paragraph to response to Q32:

Many communities feel impeded by bureaucracy in the managementand control of GYO initiatives. Simplification of the insurance andliability requirements for such projects would encourage morecommunities to use their local green spaces for such activities.

(j) Answer to Q42 should be Yes.

(k) The following should replace the response to Q42:

Careful consideration would need to be given to the risk of raisingunrealistic expectations by the introduction of such powers, but asthe exercise of such powers would remain in the gift of localauthorities, they should be developed, and local authorities thenproperly supported to resource their implementation.

The European Convention on Human Rights sets out a very strongframework that protects individuals property rights from interferencefrom public sector bodies. Any public interest argument would needto be set out in primary legislation and then in any subsequent cases

that were argued in court.

- moved by Councillor Chapman, seconded by Councillor Booth (on behalf ofthe Green Group.)

Amendment 2

To approve the Councils draft response to the Scottish Governmentsconsultation subject to the following:

1) In relation to question 21c replace the answer with:

Most of the City of Edinburgh Council area is presently excluded fromrural community right to buy, which is itself subject to a current


34/507

11


Government review. However, there is merit in the two reviews beingconsidered in tandem and to see how the respective rights would be

aligned in practice given the, albeit limited, potential for overlap betweenthe two.

2) In relation to question 22 insert:

The terms unused or underused require to be defined and specificallywho is determining the application of these terms. There may be concernthat an underused asset is in fact provided to assist a vulnerable groupwhich may not be lucrative for the public sector or widely popular in thecommunity, but which serves a need. It could be that transfer of such an

asset may be a divisive issue for a community. Similarly a green spacemay be relatively unused, but the value of the space is arguably that.

Asset would also require definition. If a transfer to a community body islikely to be successful, then it requires to be an asset. If a property isunderused it may in fact be a liability and this may generally be a criticalissue.

It is recognised that there may also be TUPE issues if staff are to betransferred with an asset.

3) In relation to question 46 retain the original response but add the followingwording, pointing out that:

Communities by their nature are diverse and while some may be wellresourced and have a wide range of background expertise or knowledgeothers may not. It is therefore likely that any legislative changes may havea more pronounced uptake or impact in some communities than othersand capacity will be an important issue.

4) In relation to question 48 replace the answer with:

Some derelict or unused land may serve as a habitat for wildlife, both inurban and rural areas. Potentially biodiversity may suffer on bringing suchland back into use.

5) In relation to Question 49:

Retain the original response but add the following wording, pointing outthat:

The Consultation does not make reference to the positive effect whichbusiness has from an economic and social viewpoint, for communities in

terms of creating jobs etc. The sense that businesses too are part of thecommunity is not really evident in the consultation. Overall considerationof investment and the wider economy need to be given more explicit


35/507

12


consideration in further reviewing the proposals. In terms of localauthorities the full impact on them would need to be considered. The

implications of some of the proposals would impose more duties andresponsibilities on them. This would no doubt entail greater costs in publicadministration. We therefore recognise that some of the proposals wouldrepresent an extra regulatory burden and place further financial constraintson them and consequently on the taxpayer.

- moved by Councillor Rust, seconded by Councillor Balfour (on behalf of theConservative Group).

In accordance with Standing Order 30(7), paragraph (1) of amendment 2 was

accepted as an addendum to the motion.

Voting

The voting was as follows:

For the motion (as adjusted) - 39 votesFor amendment 1 - 6 votesFor amendment 2 - 11 votes

Decision

To approve the motion (as adjusted) by Councillor Burns.


Councillors Cairns, Corbett and Rust declared a non-financial interest in theabove item because of their involvement in the consultations on behalf oforganisations.

(References Policy and Strategy Committee 4 September 2012 (item 7);report no CEC/36/12-13/PS by the Acting Head of Legal, Risk and Compliance,

submitted.)

7 CCTV Telfer Underpass

The Health, Social Care and Housing Committee had recommended that theCouncil approve capital expenditure to install CCTV in the Telfer Underpass.


36/507

13


Decision

To approve capital expenditure of 50,000 to be met from Services forCommunities Capital allocation to install CCTV in the Telfer Underpass.

(References Health, Social Care and Housing Committee 11 September 2012(item 10); report no CEC/37/12-13/HSCH by the Acting Head of Legal, Risk andCompliance, submitted.)

8 Governance Review: Political Management Arrangements andOperational Governance

The Council had continued consideration of proposed new governancearrangements.

Following further consultation, an overview of a revised governance model wasprovided and new political management arrangements were proposed.

An update was also provided on Elements Two (Operational Governance) andElements Three and Four (Strategic and Programme Governance) of thegovernance review.

Motion

1) To approve the system of Committees as detailed at paragraph 2.5 of thereport by the Director of Corporate Governance.

2) To approve the arrangements for consideration of neighbourhood plans asdetailed at paragraph 2.8 of the Directors report.

3) To approve option 2 at paragraph 2.30 of the Directors report for theadministration of trusts; ie that responsibility for trusts/endowments betransferred from the Pensions and Trusts Committee to the Finance andBudget Committee.

4) To appoint 15 members to the Corporate Policy and Strategy Committeewith a political balance of 5 Labour, 4 SNP, 3 Conservative, 2 Green and 1SLD and to appoint the Leader and Deputy Leader as Convener and Vice-Convener respectively.

5) To appoint 20 members to the Education, Children and FamiliesCommittee with a political balance of 7 Labour, 6 SNP, 4 Conservative, 2Green and 1 SLD and to appoint Capital Coalition members as Convener

and Vice-Convener.


37/507

14


6) To appoint 15 members to the Health Wellbeing and Housing andTransport and Environment Committees with a political balance of 5

Labour, 4 SNP, 3 Conservative, 2 Green and 1 SLD and to appoint CapitalCoalition members as Convener and Vice-Convener for each Committee.

7) To appoint 13 members to the Communities and Neighbourhoods, Cultureand Sport and Finance and Budget Committees with a political balance of5 Labour, 4 SNP, 2 Conservative, 1 Green and 1 SLD and to appointCapital Coalition members as Convener and Vice-Convener of eachCommittee.

8) To approve the regulations for appointment of religious, teacher and

parent representatives detailed in appendix 6 to the Directors report.

9) To appoint the following additional members to the Education, Childrenand Families Committee:

A Craig Duncan (Church of Scotland)Ms Marie Allan (Roman Catholic)Rev Thomas Coupar (The Robin Chapel)Allan Crosbie (Teacher Representative)Raymond George Simpson (Teacher Representative)Parent representative in accordance with the regulations in appendix 6 to

the Directors report.

10) To appoint 13 members to the Governance, Risk and Best ValueCommittee with a political balance of 5 Labour, 4 SNP, 2 Conservative, 1Green and 1 SLD and appoint a Conservative member as Convener.

11) To appoint 10 members to the Petitions Committee with a political balanceof 3 Labour, 3 SNP, 2 Conservative, 1 Green and 1 SLD and appoint aGreen Party member as Convener.

12) To approve the procedures for the Petitions Committee detailed in

appendix 5 to the Directors report subject to the provisions outlined inoption 3 at paragraph 2.25 of the report; ie that the threshold forsignatories be set at 500 but that the Convener had discretion between250 and 500 signatures for localised issues only.

13) To appoint 5 members to the Pensions Committee with a political balanceof 2 Labour, 2 SNP and 1 Conservative and appoint a Capital Coalitionmember as Convener.

14) To appoint members to Committees as detailed in appendix 2 to thisminute and to note that the Leader and Deputy Leader would continue as

ex officio members of the Executive Committees.


38/507

15


15) To agree, in respect of appointments to the Committees (includingappointment of Conveners and Vice-Conveners) where nominations had

not yet been submitted, that the political groups be entitled to nominateand appoint specific Councillors to those positions in order to make up thepolitical balance and to appoint Conveners and Vice-Conveners from therelevant political groups as agreed by Council.

16) To appoint Conveners and Vice-Conveners as detailed in appendix 2 tothis minute.

17) To approve the Committee Terms of Reference and Scheme of DelegatedFunctions detailed in appendix 3 to the Directors report subject to

determination of policy being a function reserved to ExecutiveCommittees.

18) To repeal Standing Orders and approve in their place the ProceduralStanding Orders for Council and Committee meetings set out in appendix2 to the Directors report, such repeal and approval to take effect from29 October 2012, subject to removal of the sentence:'A Convener can onlydelay consideration of business submitted in terms of this Standing Orderby one cycle.' at paragraph 29.1.

19) To approve the outline programme of meetings at appendix 4 to the

Directors report and to implement the new arrangements from 29 October2012.

20) To continue the remuneration arrangements agreed by Council on 24 May2012 for the Lord Provost, Depute Lord Provost, Leader, Deputy Leader,Conveners and Vice-Conveners of the Regulatory and PlanningCommittees, Convener of the Licensing Board and Opposition GroupLeaders.

21) To approve the designation of Senior Councillors detailed in paragraph2.36 of the Directors report and to note that the Convener and Vice-

Convener of the Communities and Neighbourhoods Committee wouldreceive allowances at a rate of 50% and 40% respectively.

22) To delegate authority to the Director of Corporate Governance to takesuch actions and make such minor adjustments to the documents set outin appendices 2 to 6 of the Directors report as might be necessary in orderto implement the decisions of Council in relation to the report.

23) To review these new arrangements after six months operation.


39/507

16


24) To note progress and consultation arrangements for elements two, threeand four of the governance review.

- moved by Councillor Burns, seconded by Councillor Cardownie (on behalf ofthe Capital Coalition).

Amendment 1

To approve the recommendations by the Director of Corporate Governance atparagraph 6 of his report subject to the following:

1) To approve recommendation 6.2.1 taking option 2 as outlined in paragraph

2.30 of the Directors report.

2) To replace recommendation 6.2.7 with the words:

To appoint seven additional members to the Education, Children andFamilies Committee to include three religious representatives, two teacherrepresentatives and two parent representatives: one from the primarysector and one from the secondary sector.

3) To approve recommendation 6.2.10 in respect of the Petitions Committeeand approve Option three detailed in paragraph 2.25(c) of the Directors

report.

4) To replace recommendation 6.2.15 with:

In addition to remuneration arrangements agreed for the Lord Provost,Depute Lord Provost, Leader, Deputy Leader and Opposition GroupLeaders by Council on 24 May 2012, to designate the Councillorsappointed to the following positions Senior Councillors with the level ofremuneration based the percentage of the Leaders salary as follows:

Conveners of the Executive Committees 65%

Vice-Conveners of the Communities and Neighbourhoods, Cultureand Sport, Education, Children and Families, Finance and Budgetand Health, Wellbeing and Housing Executive Committees 45%

Chair of the Governance, Risk and Best Value Committee 50%;and

Chair of the Petitions Committee 45%

- moved by Councillor Balfour, seconded by Councillor Rose (on behalf of theConservative Group.)


40/507

17


Amendment 2

1) To broadly welcome changes, following consultation, to the proposedpolitical governance arrangements rejecting a single, central decision-making committee and in favour of retaining executive subject committeesas decision-making bodies.

2) To further welcome the creation of subject Sub-Committees to developpolicy, the creation of a Petitions Committee, a Sub-Committee of Financeand Resources to develop the Council budget and research services toinform scrutiny and policy development.

3) To approve the refined Committee model as detailed in the report by theDirector of Corporate Governance.

4) To approve recommendations 6.2.2, 6.2.3, 6.2.4, 6.2.5, 6.2.8, 6.2.9,6.2.11, 6.2.14, 6.2.15, 6.2.17 in the Directors report.

5) To approve recommendation 6.2.1 and select option 2 at paragraph2.30(b) of the Directors report that responsibility for thetrusts/endowments be transferred from the Pensions and TrustsCommittee to the Finance and Budget Committee.

6) To approve the regulations for the appointment of religious, teacher andparent representatives as detailed in appendix 6 to the Directors reportexcept under paragraph 6, Nomination of Parents Representative, insertafter the first sentence:

Parent Representatives will be determined by a ballot of all properlyconstituted parent councils.

7) To approve option two in recommendation 6.2.7, except replace a parentrepresentativewith two parent representatives.

8) To approve the Procedures for the Petitions Committee detailed inappendix 5 to the Directors report, subject to selection and incorporationof option 3 outlined in paragraph 2.25 of the report.

9) To approve the Committee Terms of Reference and Scheme of DelegatedFunctions in appendix 3 to the Directors report except:

(i) Policy Development and Review Sub-Committees should be able todevelop and agree new policies within any of their executivecommittee remit; therefore amend paragraph 9.7 as follows:

9.7 Consider, develop and determine policies for the servicesincluded in its parent committees remit, by deleting within thestrategic framework approved by the Council.


41/507

18


(ii) At paragraph 13 Leadership Advisory Panel:

Change Green Group Leaderto Green Group Convener.

(iii) Bring the Planning Committee into line with the other 15-memberCommittees of the Council amend paragraph 14.1 as follows:

5 LabourDelete 5 SNPand insert 4 SNP3 ConservativeDelete 1 Greenand insert 2 Green1 SLD.

(iv) Replace existing paragraph 14.4 with:

Substitutes for the Planning Committee are permitted after they haveundertaken the appropriate training.

(v) Clarify at paragraph 2.14 of the Directors report that any member ofan Executive Committee may request consideration by theCommittee of any report within a package of reports otherwise beingconsidered under routine business.

10) To approve recommendation 6.2.13 subject to the deletion of the followingfrom Standing Order 29.1:

A Convener can only delay consideration of business submitted in termsof this Standing Order by one cycle.

11) To note progress and consultation arrangements for elements two, threeand four of the governance review.

- moved by Councillor Burgess, seconded by Councillor Corbett (on behalf ofthe Green Group).

Voting

For the motion - 36 votesFor amendment 1 - 14 votesFor amendment 2 - 6 votes


42/507

19


Decision

To approve the motion by Councillor Burns.

(References Acts of Council No 4 of 24 May and No 8 of 23 August 2012;report no CEC/44/12-13/CG by the Director of Corporate Governance,submitted.)

9 Management Rules for Public Parks and Greenspace 2013-2023

The outcome of public consultation on the draft Management Rules for Public

Parks and Greenspace was presented. Approval was sought for the next stepof formal public notification so that the new rules could take effect fromFebruary 2013, when the current rules expired.

Decision

To continue consideration of the matter to the Council meeting on 25 October2012.

(References Transport, Infrastructure and Environment Committee27 September 2011 (item 12); report no CEC/38/12-13/SfC by the Director of

Services for Communities, submitted.)

10 Licensing (Scotland) Act 2005 Re-appointment of the City ofEdinburgh Licensing Forum and Revised Constitution

The Councils statutory function regarding the membership of the LicensingForum was detailed and approval was sought for amendments to itsconstitution.

Decision

1) To approve the membership composition of the City of EdinburghLicensing Forum.

2) To re-appoint any existing member of the Forum should they wish tovolunteer.

3) To delegate authority to appoint or re-appoint members thereafter to theDirector of Services for Communities in consultation with the Convener ofthe Forum.


43/507

20


4) To approve the constitution of the Forum.

(Reference report no CEC/40/12-13/CG by the Director of CorporateGovernance, submitted.)

11 Proposal to Change the Name of the Old Council Chamber toThe Diamond Jubilee Room

Arising from a motion by Councillor Heslop, an appropriate commemoration ofthe Queens Diamond Jubilee was proposed.

Decision

To rename the Old Council Chamber in the City Chambers The DiamondJubilee Room in honour of Her Majesty the Queens Diamond Jubilee.

(References Act of Council No 17 of 28 June 2012; report no CEC/43/12-13/SfC by the Director of Services for Communities, submitted.)

12 Edinburgh Athletic Club UK Winners of the Young Athletes

League Motion by Councillor Day

The following motion by Councillor Day was submitted in terms of StandingOrder 28:

That this Council congratulates the athletes, coaches and officials of EdinburghAthletic Club in winning the UK final of the Young Athletes League atManchester's Sportcity on Sunday 2 September 2012. The result is theculmination of a season long competition to find the best track and field club inthe UK for U13, U15 and U17 year old athletes and it is the first time that aScottish club has won the competition since it began in 1974.

Council commends the efforts and success of the Edinburgh Athletic Club andasks the Lord Provost to celebrate this in an appropriate manner.

Decision

To approve the motion by Councillor Day.


44/507

21


13 Edinburgh Common Riding Event for Bicycles Motion by

Councillor EdieThe following motion by Councillor Edie was submitted in terms of StandingOrder 28:

Council notes the success of the re-established Edinburgh Common Ridingwhich has become a highly popular community event since its resurrection.

Council also notes that in 2001 during the foot and mouth outbreak the town ofMelrose established a common riding by bicycle, which has now become ahighly popular annual event, in addition to their own traditional Common Riding,

with 542 participants this year, ranging from 8 months to over 80 years old.

Council agrees to a report back to the Transport, Infrastructure andEnvironment Committee following discussion with the Cycling Forum on thefeasibility of Edinburgh having an additional common riding event for bicyclespossibly as part of the Bike Festival along the lines of that pioneered byMelrose.

Decision

To approve the motion by Councillor Edie.

14 Andy Murray Craiglockhart Tennis Centre Motion byCouncillor Corbett

The following motion by Councillor Corbett was submitted in terms of StandingOrder 28:

Council:

1) Congratulates Andy Murray on becoming the first British winner of a GrandSlam Tennis Tournament in over 70 years;

2) Recognises and celebrates Andy Murrays long association with theCraiglockhart Tennis Centre;

3) Agrees to open discussions with Edinburgh Leisure with a view to namingthe centre the Andy Murray Tennis Centre at Craiglockhart.

Decision

To approve the motion by Councillor Corbett.


45/507

22


15 Castlebrae High School Motion by Councillor Rose

The following motion by Councillor Rose was submitted in terms of StandingOrder 28:

Council

1. Notes that the administration has indicated an intention to close CastlebraeCommunity High School.

2. Notes that the 2010-12 inspection process and reports gave cause forconsiderable concern.

3. Notes that concerns about educational achievement and attainment atCastlebrae have existed for many years.

4. Notes that the administration wishes to explore Co-operative and otherways of delivering education.

5. Notes the existence of examples of successful education deliveryelsewhere including:

a. Co-operative sponsored schools including around 200 in England

and Wales, and the Elmgreen Co-operative School in Lambeth.b. Co-operative schools in Sweden.c. Ark Schools and Harris Federation schools, both of which have a

promising track record in turning round poorly performing schools.d. Teach First, a charity which recruits exceptional graduates into

teaching and specialises in contributing to schools in challengingcircumstances which experience high levels of poverty or underachievement.

e. Future Leaders, a charity which focuses on developing the nextgeneration of leaders for challenging schools.

6. Resolves to set up a working party to investigate and report on theseexamples and other innovative types of education delivery which couldhave a role at Castlebrae Community High School, or in other parts ofEdinburghs education system where there is limited attainment.

7. Resolves that the working party report back to the Education, Children andFamilies Committee by the end of March 2013.

The Lord Provost remitted the motion to the Education, Children and FamiliesCommittee in terms of Standing Order 28(3), subject to competency.


46/507

23


16 Workfare Motion by Councillor Chapman

Council:

Notes the Workfare scheme introduced by the Westminster Government thatforces people on welfare to work without payment under threat of loss ofbenefits;

Believes that this undermines paid employment, genuine volunteering and thesocial welfare system, and does not benefit individuals or communities, butperpetuates poverty;

Resolves not to take part in any Workfare or other forced labour scheme.

Decision

To continue consideration of the motion to the Council meeting on 25 October2012.

17 Portobello High School Motion by Councillor Rose

The Lord Provost ruled that the following item, notice of which had been given

at the start of the meeting, be considered as a matter of urgency in order that itbe considered timeously.

The following motion by Councillor Rose was submitted in terms of StandingOrder 27:

Council:

1. Notes the Inner House of the Court of Session ruled on 12 Septemberagainst the Councils case for building a new school on Portobello Park.

2. Notes the disappointment of parents and most residents within the localand school communities.

3. Recognises the importance of taking a prompt decision on how to proceedto provide appropriate educational facilities in the current circumstances.

4. Calls for a report within one cycle outlining the likelihood of success of anappeal to the Supreme Court. The report should also include informationon costs and timings.

5. Calls for a review within one cycle of all possible site configuration options,including any which may have become available since a last site suchreview.


47/507

24


6. Calls for draft framework for community consultation and views based on,but not limited to, the options review (preceding paragraph) and to last no

more than 2 months from the date of the October Council meeting. Theframework should include public meetings, social media and otherappropriate communication and take into account the need for urgentprogress.

Decision

1) To approve paragraphs 1 and 2 of the motion.

2) To note:

(a) the stated intention of the Administration to present a report to theCouncil on 25 October 2012.

(b) that a meeting of the Parent Council Chairs from the Portobellocluster had been arranged.

(c) that the proposed arrangements for community consultation on anysite options which might be identified for consideration would be setout in the report to Council on 25 October 2012.

(Reference Act of Council No 1 of 26 April 2012.)

18 Refuse Collection Arrangements Motion by CouncillorMcInnes

The Lord Provost ruled that the following item, notice of which had been givenat the start of the meeting, be considered as a matter of urgency in order that itbe considered timeously.

The following motion by Councillor McInnes was submitted in terms of StandingOrder 27:

Council:

1. Notes that major new refuse collection arrangements began on Monday 10September 2012.

2. Notes there have been widespread examples of bins not being collectedand rubbish overflowing, causing possible public health issues.

3. Notes public concern reflected in a large number of calls to the wastehelpline and to Councillors.


48/507

25


4. Calls for a report within one cycle detailing the problems experienced,measures already taken and action still to be taken, which will ensure

delivery of efficient refuse collection for Edinburgh.

Councillor McInnes withdrew his motion.

19 Dog Fouling Initiative Motion by Councillor Day for remit tothe Transport, Infrastructure and Environment Committee

The following motion by Councillor Day was submitted in terms of StandingOrder 29:

Committee notes the success of the Forth Neighbourhood Partnerships dogfouling initiative in 2011 which won a national award for innovation andcreativity.

Committee also notes the continued issues relating to dog fouling and thenegative impact which this can have on local communities. While most dogowners dispose of dog fouling responsibly it only takes one or two irresponsibleowners to leave the fouling behind to make a neighbourhood look unattractiveand uncared for, as well as presenting a potentially serious health hazard toyoung children.

To build on the successes of the Forth initiative, Committee calls for a reportinto how this initiative and its successes can be rolled out across the city,targeting irresponsible owners who persistently allow dog fouling, the report toalso consider the possible introduction of a Green Dog Walkers scheme, initiallyon a pilot basis.

Decision

To remit the motion to the Transport, Infrastructure and EnvironmentCommittee, subject to competency.

20 Property Investigation Exclusion of Contractors

The Council, in terms of Section 50(A)(4) of the Local Government (Scotland)Act 1973, excluded the public from the meeting during consideration of thefollowing item of business for the reason that it involved the likely disclosure ofexempt information as defined in Paragraphs 6 and 14 of Part 1 of Schedule7(A) of the Act.


49/507

26


The Finance and Resources Committee had referred a recommendation, interms of Standing Order 53, about the exclusion of contractors arising from the

investigation into the Councils Property Service.

Decision

That once meetings had taken place as outlined in the report, to instruct theDirector of Services for Communities to prepare a report for the Property Sub-Committee to come to a decision on the matter.

(References - Finance and Resources Committee 28 August 2012 (item 2);report no CEC/41/12-13/SfC by the Acting Head of Legal, Risk and Compliance,

submitted.)


50/507

27


Appendix 1(As referred to in Act of Council No 2 of 20 September 2012)

QUESTION NO 1 By Councillor Edie for answer by theLeader of the Council at a meeting ofthe Council on 20 September 2012

Question Noting the announcement by the Leader of the Council on

7 September that "there will be a Social Care Co-operative,a Childcare Co-operative and a Housing Co-operative"established in Edinburgh, what consultation had there beenbefore this announcement with service users, tenantsgroups, parents and NHS Lothian about the establishmentof each of these bodies?

Answer During the recent Local Authority election campaign, therewas extensive consultation and healthy debate, with a widerange of individuals and organisations, about the potentialuse of the Co-operative Model for the delivery of some of

this Councils services.

That election resulted in:

Labour 20 CouncillorsSNP 18 CouncillorsConservative 11 CouncillorsGreens 6 CouncillorsLib-Dem 3 Councillors

Following this result a new Capital Coalition was formed

between Labour and the SNP, which promptly approved aContract with the Capital including clear commitments to:

Examine ways to bring the Council, care home staffand users together into co-operatives to provide themeans to make life better for care home users andcare providers.

Establish city-wide childcare co-operatives foraffordable childcare for working parents.

Encourage the development of co-operative housing

arrangements.


51/507

28


These commitments will be honoured within the next 12-months, and ongoing consultation will form a core part of

their delivery.

SupplementaryQuestion

Noting that there has been no consultation with serviceusers or tenants by the Leader before he made hisstatement and noting that there has been no scrutiny ordebate at this Council, can I ask the Leader why he isproposing this talk down Andrew knows best approach andimposing these on service users whether they want it ornot?

SupplementaryAnswer Im afraid I just dont recognise the premise that CouncillorEdie has outlined. There has been significant consultationthroughout the election period just a few months ago andvery significant debate around all five manifestos that wereput forward from the main parties in this city. The LabourGroup and the Edinburgh SNP Group won that election, weformed the coalition and we are going to have moreconsultation over the next 12 months as we develop theseproposals.


52/507

29


Appendix 2(As referred to in Act of Council No 8 of 20 September 2012)

Membership of Committees

Corporate Policy and Strategy Committee 15 members 5 Labour, 4 ScottishNational Party, 3 Conservative, 2 Green, 1 Scottish Liberal Democrat

Leader of the Council (Councillor Burns)(Convener)

Deputy Leader of the Council (CouncillorCardownie) (Deputy Convener)Convener of the Communities andNeighbourhood Committee (CouncillorChild)Convener of the Culture and SportCommittee (Councillor Lewis)Convener of the Economy Committee(Councillor Buchanan)Convener of the Education, Children andFamilies Committee (Councillor Godzik)

Convener of the Finance and BudgetCommittee (Councillor Rankin)

Convener of the Health, Wellbeing andHousing Committee (Councillor Ricky

Henderson)Convener of the Transport andEnvironment Committee (CouncillorHinds)CouncillorCouncillorCouncillorCouncillorCouncillorCouncillor

EXECUTIVE COMMITTEES

Communities and Neighbourhoods Committee 13 members 5 Labour,4 Scottish National Party, 2 Conservative, 1 Green, 1 Scottish Liberal Democrat

Councillor Child (Convener)Councillor Gardner

Councillor KeilCouncillor RedpathCouncillor WalkerCouncillor TymkewyczCouncillor Ross (Vice-Convener)Councillor Fullerton

Councillor CairnsCouncillor

CouncillorCouncillorCouncillorLeader (ex officio)Deputy Leader (ex officio)


53/507

30


Culture and Sport Committee 13 members 5 Labour, 4 Scottish National Party, 2

Conservative, 1 Green, 1 Scottish Liberal Democrat

Councillor Austin Hart (Vice Convener)Councillor DoranCouncillor GardnerCouncillor MilliganCouncillor MunroCouncillor Lewis (Convener)Councillor CairnsCouncillor Fullerton

Councillor OrrCouncillorCouncillorCouncillorCouncillorLeader (ex officio)Deputy Leader (ex officio)

Economy Committee 13 members 5 Labour, 4 Scottish National Party, 2Conservative, 1 Green, 1 Scottish Liberal Democrat

Councillor Austin HartCouncillor MilliganCouncillor Munro (Vice Convener)Councillor CookCouncillor BlacklockCouncillor Buchanan (Convener)Councillor McVey

Councillor Rankin

Councillor RossCouncillorCouncillorCouncillorCouncillorLeader (ex officio)Deputy Leader (ex officio)

Education, Children and Families Committee 20 members 7 Labour, 6 ScottishNational Party, 4 Conservative, 2 Green, 1 Scottish Liberal Democrat

Councillor Godzik (Convener)Councillor KeilCouncillor ChildCouncillor RedpathCouncillor Austin HartCouncillor Day

Councillor LunnCouncillor Key (Vice-Convener)Councillor DixonCouncillor FullertonCouncillor Brock

Councillor LewisCouncillor HowatCouncillorCouncillorCouncillorCouncillor

CouncillorCouncillorCouncillorLeader (ex officio)Deputy Leader (ex officio)


54/507

31


Finance and Budget Committee 13 members 5 Labour, 4 Scottish National Party,2 Conservative, 1 Green, 1 Scottish Liberal Democrat

Councillor Bill Cook (Vice Convener)Councillor Ricky HendersonCouncillor GriffithsCouncillor WalkerCouncillor BlacklockCouncillor Rankin (Convener)Councillor McVey

Councillor Dixon

Councillor RossCouncillorCouncillorCouncillorCouncillorLeader (ex officio)Deputy Leader (ex officio)

Health, Wellbeing and Housing Committee 15 members 5 Labour, 4 ScottishNational Party, 3 Conservative, 2 Green, 1 Scottish Liberal Democrat

Councillor Ricky Henderson (Convener)Councillor Day (Vice Convener)Councillor Bill CookCouncillor DoranCouncillor GriffithsCouncillor Bridgman

Councillor McVeyCouncillor Bill HendersonCouncillor Work

CouncillorCouncillorCouncillorCouncillorCouncillorCouncillor

Leader (ex officio)Deputy Leader (ex officio)

Transport and Environment Committee 15 members 5 Labour, 4 ScottishNational Party, 3 Conservative, 2 Green, 1 Scottish Liberal Democrat

Councillor Hinds (Convener)Councillor LunnCouncillor DoranCouncillor Perry

Councillor GardnerCouncillor Orr (Vice-Convener)Councillor BarrieCouncillor Bill HendersonCouncillor Lewis

CouncillorCouncillorCouncillorCouncillor

CouncillorCouncillorLeader (ex officio)Deputy Leader (ex officio)


55/507


32

OTHER COMMITTEES

Governance, Risk and Best Value Committee 13 members 5 Labour, 4 ScottishNational Party, 2 Conservative, 1 Green, 1 Scottish Liberal Democrat

Councillor ChildCouncillor GodzikCouncillor Ricky HendersonCouncillor MunroCouncillor Lunn

Councillor HowatCouncillor Orr

Councillor RossCouncillor TymkewyczCouncillorCouncillorCouncillor

Councillor

Petitions Committee 10 members 3 Labour, 3 Scottish National Party, 2Conservative, 1 Green, 1 Scottish Liberal Democrat

Councillor GardnerCouncillor RedpathCouncillor KeilCouncillor KeyCouncillor Orr

Councillor DixonCouncillorCouncillorCouncillorCouncillor

Pensions Committee 5 members 2 Labour, 2 Scottish National Party,1 Conservative

Councillor Child (Convener)Councillor Bill CookCouncillor Orr

Councillor RankinCouncillor


56/507

Item no

Committee Minutes

Finance and Resources Committee


Present: Councillors Rankin (Convener), Bill Cook (Vice-Convener), Aldridge,

Blacklock, Corbett, Dixon, Griffiths, Ricky Henderson, Jackson (substituting forCouncillor Heslop), Lunn (substituting for Councillor Walker), McVey, Ross andWhyte.

1 Minutes

Decision

1) To approve the minute of the Finance and Resources Committee of

31 July 2012 as a correct record.

2) To appr

Council 25.10.12 Full Meeting Papers 1

Documents