Agenda and minutes

The Returning Officer lay before the meeting the following declaration:-

I, Valerie Watts, as Returning Officer for Aberdeen City Council give notice that the successful candidates in these elections were as follows:-

19 May 2011

Dyce/Bucksburn/Danestone ward

Candidate and party:                             Neil MacGregor, Scottish National Party (SNP)

Stage at which elected:                         Stage 1

Number of valid votes:                           4,067

Number of votes rejected as void:        16

23 June 2011

Airyhall/Broomhill/Garthdee ward

Candidate and party:                             Gordon Townson, Scottish National Party (SNP)

Stage at which elected:                         Stage 8

Number of valid votes:                           3,354

Number of votes rejected as void:        32

The Council resolved:-

(i)                 to welcome Councillors MacGregor and Townson to the Council; and

(ii)               to otherwise note the details.

The persons undermentioned were admitted into the presence of the Council and passed as Burgesses of Guild in respect of their respective Acts of Admission in the Guild Burgess Book:-

Michael Barrie, Sales Manager, Aberdeen

Hayley Bloodworth, Solicitor, Aberdeen

Philip Dawson, Retired Solicitor, Aberdeen

John Craig Ferguson, Retired Insurance Broker, Aberdeen

Dr Iain Fraser, Retired Solicitor, Aberdeen

Susie MacLeod, Business Development Manager, Aberdeen

Anne Milne, Retired Publican, Aberdeen

            Reverend Kenneth Lindsay Petrie, Minister of Religion, Aberdeen.

The Lord Provost proposed that the report by the Director of Corporate Governance entitled ‘Committee Places, Appointment of Conveners, Vice Conveners and Depute Provost and Representation on various Outside Bodies, Boards and Trusts’ be taken as the next item of business.

The Council resolved:-

to agree to the Lord Provost’s proposal.

The Council had before it a report by the Director of Corporate Governance which asked the Council to consider the composition of its Committees following the recent by-election results, and to take a number of decisions on outstanding issues relating to various positions.

The report recommended:-

that the Council -

(a)              agree the composition of the various Committees, being guided by the indicative calculations as outlined in section 6.2 of the report;

(b)              agree the composition of the Urgent Business Committee;

(c)               appoint members to those Committees;

(d)              approve the appointments of the Depute Provost, Conveners and Vice Conveners as set out in section 6.3 of the report, suspending Standing Order 2(1) where applicable; and

(e)              appoint replacement members for the vacant positions as outlined in section 6.4 of the report.

At this juncture, the Lord Provost paid tribute to Councillor John Stewart for the work he had done in just under two years as Council Leader and congratulated Councillor McCaig on his pending appointment as Council Leader.

Councillor John Stewart responded by congratulating his colleagues in the SNP Group on their success in the by-elections and Councillors McDonald and Kevin Stewart on their election to the Scottish Parliament as MSPs. Councillor McCaig thanked Councillor John Stewart for his kind words, and for his valuable service as Council Leader, and stated that he was pleased he would be continuing to serve the Council in a senior role within the Administration.

The Council resolved:-

(i)                 to approve the following appointments, suspending Standing Order 2(1) where applicable:-

Council Appointments

Leader of the Council - Councillor McCaig

Deputy Leader of the Council - Councillor John Stewart

Depute Provost - Councillor Cormie

            Conveners

            Corporate Policy and Performance - Councillor McCaig

            Finance and Resources - Councillor John Stewart

            Education, Culture and Sport - Councillor John West

            Enterprise, Planning and Infrastructure - Councillor Dean

            Housing and Environment - Councillor Malone

            Social Care and Wellbeing - Councillor Kiddie

            Appeals - Councillor Dunbar

            Licensing Committee - Councillor Kirsty West

            Vice Conveners

            Corporate Policy and Performance - Councillor Yuill

            Finance and Resources - Councillor Noble

            Education, Culture and Sport - Councillor Jennifer Stewart

            Enterprise, Planning and Infrastructure - Councillor Corall

            Housing and Environment - Councillor Dunbar

            Social Care and Wellbeing - Councillor Robertson;

(ii)               to instruct the Director of Corporate Governance to report back to the next Council meeting on the remits of the Finance and Resources Committee and the Corporate Policy and Performance Committee;

(iii)             to note that the Aberdeen Conservative Group (Councillors Donnelly and Wisely) were now to be known as the Scottish Conservative and Unionist Group;

(iv)             to note that Councillors Boulton, Farquharson and Milne had formed the Independent Alliance Group, with Councillor Boulton as Group Leader, Councillor Milne as Deputy Group Leader and Councillor Farquharson as Group Secretary;

(v)               to defer consideration of the allocation of Committee places to the next Council meeting;

(vi)             to appoint Councillor McCaig as Convener of the Urgent Business Committee, which would comprise 13 members, with 5  ...  view the full minutes text for item 4.

(A)       The Lord Provost congratulated colleagues in Enterprise, Planning and Infrastructure on various successes at the Scottish Transport Awards which had been held in Glasgow on 16^th June.

(B)       The Lord Provost advised that a Third Sector and Volunteering Fayre was to be held at the Music Hall on 2^nd July, where 800 charities would be represented, and encouraged members to attend.

(C)       The Lord Provost thanked members of staff from Human Resources and Organisational Development who ran a half marathon on 22^nd May and had donated £400 to the Lord Provost’s Charitable Trust.

(D)       The Head of Older People and Rehabilitation provided an update on the developing situation with Southern Cross and the Eastleigh care home in Peterculter, which prompted a number of questions from members.

            (E)       Councillor Dunbar advised that staff within Members Support were participating in the Race for Life on 3^rd July and were still seeking sponsorship, and wished them well for the event.

The Council resolved:-

(i)                 to concur with the Lord Provost’s remarks and those of Councillor Dunbar;

(ii)               to request the Director of Social Care and Wellbeing to provide a briefing for Group Leaders and social work spokespersons regarding Southern Cross and the Eastleigh care home.

The Council had before it the minute of the special meeting of Aberdeen City Council of 7^th April 2011.

The Council resolved:-

to approve the minute.

The Council had before it the minute of meeting of Aberdeen City Council of 27^th April 2011.

Councillor Young moved as a procedural motion, seconded by Councillor Cooney:-

That the second resolution within Article 11, “to thank Councillor Leslie for his service in the role, and in former roles relating to Social Care and Wellbeing”, be deleted as the Council made no such resolution.

The Council was advised that the electronic voting system was temporarily out of operation, and as a result the vote would require to be taken by roll call.

On a division, there voted:-

For the procedural motion   (10)   -  Councillors Adam, Allan, Collie, Cooney, Crockett, Graham, Hunter, Ironside, Laing and Young.

Against the procedural motion   (27)   -   Lord Provost Peter Stephen; Depute Provost Cormie; and Councillors Cormack, Dean, Donnelly, Dunbar, Fletcher, Greig, Jaffrey, Kiddie, Leslie, MacGregor, McCaig, Malone, May, Noble, Penny, Robertson, Jennifer Stewart, John Stewart, Kevin Stewart MSP, Wendy Stuart, Townson, John West, Kirsty West, Wisely and Yuill.

Declined to vote   (4)  -   Councillors Boulton, Farquharson, Milne and Reynolds.

The Council resolved:-

to reject the procedural motion, and thereby approve the minute.

The Council had before it a pamphlet of standing committee minutes from 15^th March to 2^nd June 2011.

The Council resolved:-

to note the minutes.

The Council had before it a statement of Council business which had been prepared by the Head of Legal and Democratic Services.

The Council resolved:-

(i)                 in regard to item 2 (The City Garden Project), to request the Chief Executive to update members on the situation regarding publication of City Garden Project Monitoring Group minutes on the Council website, and also possible Council representation on the City Gardens Trust; and

(ii)               otherwise to note the statement.

DECLARATION OF INTEREST

During the course of the following item of business, Councillor Dean declared an interest by virtue of her ownership of a property previously owned by the Council which could be affected by the proposal. Councillor Dean considered that the nature of her interest required her to leave the meeting.

With reference to Article 24 of the minute of meeting of the Housing and Environment Committee of 10^th May 2011, which had been referred to it for consideration by five members of the Committee, the Council had before it (1) a report by the Director of Housing and Environment which provided an update in relation to the provision of security services in multi storey blocks; and (2) the decision of the Housing and Environment Committee, that the report’s recommendations, as outlined below, be approved, and that the Convener and Vice Convener write to the new Minister responsible for housing to request that a review of the law be undertaken regarding the issues raised in the report, including repairs for Council properties that are part privately owned. The report had recommended that members:-

(a)          note the procurement timetable (as detailed within the report);

(b)          agree that owners be provided with full access to the improved security service should they contribute financially to the cost of the service; and

(c)          agree that owners will not be provided with access to the improved security service if they do not agree to contribute financially to the cost of the service.

Councillor Malone moved, seconded by Councillor Dunbar:-

            That the decision of the Housing and Environment Committee be approved.

Councillor John Stewart moved as an amendment, seconded by Councillor Fletcher:-

To instruct that the new security service be fully implemented, with the cost to be borne entirely from the Housing Revenue Account (HRA), noting that this is best value for the HRA in the long term; and that the Convener and Vice Convener of the Housing and Environment Committee write to the new Minister responsible for housing to request that a review of the law be undertaken regarding the issues raised in the report, including repairs for Council properties that are part privately owned.

On a division, there voted:-

For the motion   (20)   -   Lord Provost Peter Stephen; Depute Provost Cormie; and Councillors Boulton, Cormack, Dunbar, Farquharson, Jaffrey, Kiddie, MacGregor, McCaig, Malone, May, Milne, Noble, Robertson, Kevin Stewart MSP, Wendy Stuart, Townson, John West and Kirsty West.

For the amendment   (19)  -  Councillors Adam, Allan, Collie, Cooney, Crockett, Donnelly, Fletcher, Graham, Greig, Hunter, Ironside, Laing, Leslie, Penny, Reynolds, Jennifer Stewart, John Stewart, Wisely and Yuill.

Absent from the division   (2)   -   Councillors Dean and Young.

The Council resolved:-

(i)                 to adopt the motion; and

(ii)               to instruct officers to report to the Housing and Environment Committee on all costs borne by the Housing Revenue Account in relation to private owners.

The Council was requested to determine that the following items of business, which contained exempt information as described in Schedule 7(A) of the Local Government (Scotland) Act 1973, be taken in private:-

11(a)   Transition Extreme - Report by Director of Enterprise, Planning and Infrastructure

11(b)   National Housing Trust Initiative - Report by Director of Housing and Environment

11(c)   Options Appraisal and Outline Business Case

The Council resolved:-

in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973, to exclude the press and public from the meeting during consideration of the aforementioned items of business (Articles 26 to 28 of this minute refer) so as to avoid disclosure of exempt information of the classes described in paragraphs 4, 6, 8 and 10 of Schedule 7(A) of the Act.

With reference to Article 26 of the minute of meeting of the Housing and Environment Committee of 10^th May 2011, which had been referred to it for consideration by five members of the Committee, the Council had before it (1) a report by the Director of Housing and Environment which requested that an exemption be granted to the Council’s Temporary Accommodation Units from the Smoke Free at Work Policy; and (2) the decision of the Housing and Environment Committee, to approve the recommendations contained within the report, as outlined below, and that a detailed report be brought back to the Committee in six months. The report had recommended that members:-

(a)               approve an exception to the Smoke Free at Work Policy as follows:-

·        Smoking shall be permitted in designated areas (bedrooms) of the Homelessness Service Temporary Accommodation Units

·        The Homelessness Manager, in consultation with the Temporary Accommodation Senior Officer and Team Leaders of individual units will designate a proportion of individual rooms as smoking rooms; and

(b)               refer the report to the Corporate Policy and Performance Committee for information.

Councillor Malone moved, seconded by Councillor Dunbar:-

            That the decision of the Housing and Environment Committee be approved.

Councillor Robertson moved as an amendment, seconded by Councillor Greig:-

That the Council does not agree that Temporary Accommodation Units should be exempt from the Smoke Free at Work Policy, and therefore instructs that the policy is continued to be adhered to within the Council’s Temporary Accommodation Units.

The Council was advised that the electronic voting system was now operational and would be used for the remainder of the meeting.

On a division, there voted:-

For the motion  (19)  -  Lord Provost Peter Stephen; Depute Provost Cormie; and Councillors Cormack, Dean, Dunbar, Fletcher, Jaffrey, Kiddie, MacGregor, McCaig, Malone, May, Noble, Penny, Kevin Stewart MSP, Wendy Stuart, Townson, John West and Kirsty West.

For the amendment  (21)  -  Councillors Adam, Allan, Boulton, Collie, Cooney, Crockett, Donnelly, Farquharson, Graham, Greig, Hunter, Ironside, Laing, Leslie, Milne, Robertson, Jennifer Stewart, John Stewart, Wisely, Young and Yuill.

Absent from the division  (1)  -  Councillor Reynolds.

The Council resolved:-

to adopt the amendment.

The Council had before it a report by the Chief Executive which provided a summary of the progress that had been made by the Council since the publication of the Accounts Commission’s follow up report in July 2009.

The report recommended:-

that the Council note the content of the report and request that the Chief Executive provide further reports as and when required to future meetings of the Council.

The Council resolved:-

to approve the recommendation.

(i)                 Draft Statement of Accounts 2010/11 - Report by Head of Finance

Members are requested to note that the draft accounts will be circulated separately

(ii)        Draft Pension Fund Financial Statements 2010/11 - Report by Head of Finance

The Council had before it (1) a report by the Head of Finance which presented the Council’s draft 2010/11 Statement of Accounts which were subject to audit; and (2) a report by the Head of Finance which presented the Pension Fund’s draft 2010/11 Statement of Accounts, which were subject to audit.

The report on the Council’s draft Statement of Accounts recommended:-

that the Council -

(a)              note the draft Statement of Accounts, and financial performance of the various Council accounts contained therein, which would be submitted to Audit Scotland by 30^th June 2011;

(b)              note that the audited Financial Statements would be presented to the Audit and Risk Committee, along with the external auditor’s report to members in the autumn, and would come back to a Council meeting thereafter;

(c)               note that in accordance with the relevant strategies to maintain revenue balances, the Council objective of retaining recommended levels of uncommitted balances had been achieved; and

(d)              note and approve the various transfers between Council accounts and earmarking of sums against the General Fund, Housing Revenue Account and Common Good as at 31^st March 2011, as detailed in the report.

The report on the Pension Fund’s draft Statement of Accounts recommended:-

that the Council -

(a)              note the draft Statement of Accounts, and financial performance of the Pension Fund, Main Fund and Transport Fund contained therein, which would be submitted to Audit Scotland by 30^th June 2011;

(b)              note that the new statutory requirements further required that the Financial Statements would be included in an annual report to be prepared and submitted to external audit by 30^th September 2011; and

(c)               note that the audited Financial Statements would be presented to both the Audit and Risk Committee and the Pensions Panel along with the external auditor’s report in the autumn, and would come back to a Council meeting thereafter.

The Council resolved:-

(i)                 to approve the recommendations; and

(ii)               to thank all staff involved for their hard work.

With reference to Article 19 of the minute of Council of 15^th December 2010, the Council had before it a report by the Director of Corporate Governance seeking approval of the Aberdeen City Council Business Plan 2011/16.

The report recommended:-

that the Council -

(a)              approve the Business Plan for 2011-16; and

(b)              instruct the Director of Corporate Governance, in conjunction with the Corporate Management Team, to report to the Corporate Policy and Performance Committee on a six-monthly basis on the progress with the delivery of the Business Plan.

The Council resolved:-

to defer consideration of the Business Plan 2011/12 - 2015/16 to the next Council meeting to allow the Chief Executive to engage further with staff.

The Council had before it a joint report by the Directors of Education, Culture and Sport and Social Care and Wellbeing which presented For Aberdeen’s Children, the Integrated Children’s Services Plan for 2011-15 for approval.

The report recommended:-

that the Council -

(a)              consider and formally approve the Integrated Children’s Services Plan 2011-15, For Aberdeen’s Children; and

(b)              refer the report to The Aberdeen City Alliance (TACA) for ratification by all community planning partners.

The Council resolved:-

to approve the recommendations, noting that TACA had been disbanded however the report would be referred to its replacement body Community Planning Aberdeen.

With reference to Article 26 of the minute of meeting of the Finance and Resources Committee of 17^th June 2011, the Council had before it, by way of remit, a report by the Head of Finance which provided an update on the treasury management activities undertaken during the financial year 2010/11.

The Finance and Resources Committee had resolved:-

(i)                 to note the content of the report; and

(ii)               to recommend to Council that it notes the treasury management activities undertaken in 2010/11.

The Council resolved:-

to note the report and the treasury management activities undertaken in 2010/11.

The Council had before it a report by the Director of Enterprise, Planning and Infrastructure seeking approval for the Council to join the Energy Cities Network.

The report recommended:-

that the Council -

(a)              agree to join the Energy Cities Network; and

(b)              note that this may involve future travel for the Lord Provost and an officer to represent the city and attend relevant meetings, conferences, events, draft and candidate projects etc. and that such travel arrangement would be approved in the normal manner, once the detail of any such travel requirements became apparent.

The Council resolved:-

to approve the recommendations.

The Council had before it a report by the Director of Corporate Governance which confirmed that no objections had been received in light of the statutory advertisement of the proposed removal of the recently introduced overnight charge of £1.50 in off-street car parks, and advised that if the order were to be approved the charge would be replaced by extended operational hours in the most straightforward sense, i.e. 8.00am until 10.00pm instead of 8.00am until 8.00pm.

The report recommended:-

that the Council resolve to make The Aberdeen City Council (Off-Street Car Parks) Order 2011 as contained within the appendix to the report.

The Council resolved:-

to approve the recommendation.

The Council had before it a report by the Director of Social Care and Wellbeing which sought approval to take forward the implementation of a Local Authority Trading Company (LATC) to include older people and rehabilitation services.

The report recommended:-

that the Council -

(a)              note the content of the report;

(b)              approve the request to progress to implementation of the LATC;

(c)               accept the outline business case as the basis for development of a full business case and a plan for the implementation of the LATC;

(d)              agree that support be provided from within the Council’s Corporate Governance directorate to ensure that the Council’s requirements on financial, legal and HR matters are met;

(e)              agree that external, expert support for implementation be engaged through an appropriate procurement process, with associated costs to be met from the Social Care and Wellbeing budget; and

(f)                 agree to accept a further report on the plan for implementation of the LATC.

The Council resolved:-

to approve the recommendations.

“That following the identification of the Haudagain Roundabout as the worst in Europe, that as a matter of urgency this Council calls on the Scottish Government (1) to identify its option for the Haudagain Roundabout; and (2) to bring forward the time period for the works at the roundabout to begin; and that this Council also writes to NESTRANS and Aberdeenshire Council asking them to write to the Scottish Government in support of Aberdeen City Council.”

Councillor Graham, pursuant to notice, moved:-

“That following the identification of the Haudagain Roundabout as the worst in Europe, that as a matter of urgency this Council calls on the Scottish Government (1) to identify its option for the Haudagain Roundabout; and (2) to bring forward the time period for the works at the roundabout to begin; and that this Council also writes to NESTRANS and Aberdeenshire Council asking them to write to the Scottish Government in support of Aberdeen City Council.”

The Council resolved:-

to refer the motion to the Enterprise, Planning and Infrastructure Committee.

“That this Council agrees that a referendum on the future of Union Terrace Gardens be held after the City Garden design competition is completed, calls on officers to produce a report about the practicalities and costings of holding a postal ballot of all Aberdeen electors and asks officers to investigate sourcing funding for the referendum from bodies other than the Council.”

Councillor Kevin Stewart MSP, pursuant to notice, moved:-

“That this Council agrees that a referendum on the future of Union Terrace Gardens be held after the City Garden design competition is completed, calls on officers to produce a report about the practicalities and costings of holding a postal ballot of all Aberdeen electors and asks officers to investigate sourcing funding for the referendum from bodies other than the Council.”

The Council resolved:-

to refer the motion to the Enterprise, Planning and Infrastructure Committee.

“Council instructs officers to liaise with the Ashwood Parade business community in the Bridge of Don to investigate ways in which better signage and better awareness of their businesses can be obtained to the betterment of both the residents of Ashwood Parade and to the business community of Ashwood Parade.”

Councillor Young, pursuant to notice, moved:-

“Council instructs officers to liaise with the Ashwood Parade business community in the Bridge of Don to investigate ways in which better signage and better awareness of their businesses can be obtained to the betterment of both the residents of Ashwood Parade and to the business community of Ashwood Parade.”

The Council resolved:-

to refer the motion to the Enterprise, Planning and Infrastructure Committee.

“That the Council review its decision CGL DS22 of 15.12.10 and consider reinstating the delivery service albeit on a reduced basis for those members who request it. The modest costs of approximately £5,000 to be met from reserves.”

Councillor Wisely, pursuant to notice, moved:-

“That the Council review its decision CGL DS22 of 15.12.10 and consider reinstating the delivery service albeit on a reduced basis for those members who request it. The modest costs of approximately £5,000 to be met from reserves.”

The Council resolved:-

to refer the motion to the Finance and Resources Committee.

MATTER OF URGENCY

The Lord Provost intimated that he had directed in terms of Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973, that the following item be considered as a matter of urgency in order that representation could be made timeously, if the Council was minded to approve the terms of the motion.

Councillor Kiddie, pursuant to notice, moved as an emergency motion:-

“Aberdeen City Council agrees to write to the Department for Transport, London, in support of the Disability Advisory Group urging that the UK Government does not proceed to make an order abolishing the Disabled Persons Transport Advisory Committee (DPTAC). Council also agrees to send a copy of the letter to the city’s MPs and MSPs.”

The Council resolved:-

to approve the terms of the motion.

In accordance with the decision recorded under Article 11 of this minute, the following items of business were considered with the press and public excluded.

DECLARATION OF INTEREST

Councillor John Stewart declared an interest in the following item of business by virtue of his membership of the Board of Transition Extreme. Councillor John Stewart considered that the nature of his interest required him to leave the meeting prior to the Council’s deliberations thereon.

The Council had before it a report by the Director of Enterprise, Planning and Infrastructure seeking a loan guarantee to Social Investment Scotland (SIS) that would secure a funding package of £500,000 which would support the redevelopment of the old bowling greens adjoining Transition Extreme’s current facilities, to deliver an outdoor extreme sports park.

The report recommended:-

that the Council -

(a)              agree to provide a guarantee to SIS for £250,000 in respect of a loan they intended to provide to Transition Extreme to enable the construction of new outdoor facilities on the old Queens Links bowling greens, adjacent to their existing premises;

(b)              agree that the current guarantees to the Bank of Scotland be varied to represent a reduction of £101,000 to protect the Council’s position; and

(c)               agree that Transition Extreme meet the Council’s reasonable legal expenses in relation to this matter.

The Council resolved:-

to approve the recommendations.

The Council had before it a report by the Director of Housing and Environment which advised of the current position with the National Housing Trust Initiative (the Initiative) to enable the development of short term affordable housing.

The report recommended:-

that the Council -

(a)               approve call off contracts being awarded to company A subject to their satisfying all Certificate of Title Issues to the satisfaction of the Head of Legal and Democratic Services and the Director of Housing and Environment;

(b)               delegate authority to the Head of Legal and Democratic Services, or her nominated representative, to agree and execute all letters, contracts and other documents relative to the Initiative on behalf of the Council, including but not limited to, the following:-

·        Applications to form Limited Liability Partnerships in respect of affordable housing at Cove and Kingswells

·        Take Out Agreements

·        Management and Maintenance Agreements

·        Members Agreements

·        Facility Agreements

·        Inter Creditor Agreements

·        Guarantee Agreements

(c)               appoint the Director of Housing and Environment as the Council’s representative on the Development Vehicle, with the Head of Housing and Community Safety acting as substitute as required; and

(d)               delegate authority to the Director of Corporate Governance, the Director of Housing and Environment and the Head of Finance, in consultation with the Convener and Vice Convener of the Finance and Resources Committee, to agree the final loan value, and delegate authority to the Head of Legal and Democratic Services, or her nominated representative, to sign documentation to enter into the loan to be provided to the Development Vehicle, once the full loan requirements are calculated in 2012.

The Council resolved:-

to approve the recommendations.

The Council had before it a report presenting the outcome of an analysis that had been completed by Ernst & Young, working with Care and Health Solutions, to assess the potential to implement a new delivery model for adult social care services provided directly by the Council, as discussed in the report by the Director of Social Care and Wellbeing earlier in the meeting (Article 20 of this minute refers).

The Council resolved:-

to note the report.

- PETER STEPHEN, Lord Provost.