Agenda and minutes

The agenda and reports associated with this minute can be found at:-

http://committees.aberdeencity.gov.uk/ieListDocuments.aspx?CId=122&MId=1974&Ver=4

The Council was advised that the microphone system within the Council Chamber had failed and was beyond repair as a result of its age. An interim solution had been put in place utilising microphones and a loop system from other meeting rooms within the Town House, and the Senior Democratic Services Manager thanked Philip Annand (Facilities Supervisor) and Cammy Campbell of Atmosphere Lighting & Sound for their hard work in this regard. He added that officers within Customer Service and Performance were working on options to replace the microphone system, which would also incorporate a replacement voting system.

The Council resolved:-

to 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:-

William Gordon, Assistant Chief Constable of Police, Aberdeen

Colin David Menzies, Assistant Chief Constable of Police, Aberdeen

Jennifer Ralph, Head Teacher, Aberdeen

David Robertson, Retired Teacher, Aberdeen

William John Sell, Retired Prison Officer, Aberdeen

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)   Duthie Park Restoration - Outcome of Tender Process - Report by Director of Housing and Environment

11(b)   Premises at 132 Wellington Road - Report by Director of Enterprise, Planning and Infrastructure

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 items 11(a) and 11(b) (Articles 24 and 25 of this minute refer) so as to avoid disclosure of exempt information of the classes described in paragraphs 2, 6, 8, 9 and 10 of Schedule 7(A) of the Act.

The Council had before it, in accordance with Standing Order 10(1), the following requests for deputations, all in relation to the report on the City Garden Project:-

Mr Mike Shepherd, Friends of Union Terrace Gardens

Mrs Dorothy Bothwell

Mr David Henderson

Ms Jennifer Craw, Aberdeen City Gardens Trust

The Council resolved:-

to accept the requests, and to hear the deputations immediately prior to the report being considered.

The Council had before it the minute of meeting of Aberdeen City Council of 6^th October 2011.

The Council resolved:-

to approve the minute.

The Council had before it a pamphlet of standing committee minutes from 18^th August to 10^th November 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)                 to retain item 1 (50m Swimming Pool) in order that the Council could be kept informed of discussions with Aberdeenshire Council regarding their funding contribution; and

(ii)               otherwise to note the statement.

The Council had before it the minute of meeting of the Appointment Sub-Committee of 5^th December 2011.

The Council resolved:-

to approve the minute.

Councillor Kiddie highlighted the transformation within Children’s Services across the city in recent times, which had been led by the Director of Social Care and Wellbeing. Susan Devlin, Head of Children’s Services, Shona Manson, Children’s Services Manager, and Lyn Ross, Youth Justice Programme Manager - Grampian Police, were in attendance following success at two national award ceremonies. Councillor Kiddie extended his congratulations to all those involved.

The Council resolved:-

to concur with Councillor Kiddie’s remarks.

With reference to Article 12 of the minute of its meeting of 6^th October 2011, the Council had before it a report by the Chief Executive which presented for final approval the list of polling places to be used at the 2012 local government elections, following the completion of the period of public consultation.

The report recommended:-

that the Council approve the list of polling places appended to the report.

The Council resolved:-

(i)                 to approve the recommendation; and

(ii)               to request officers to provide members with a larger copy of the list of polling places.

The Council had before it a report by the Director of Corporate Governance which sought approval to update the current Orders of Reference to allow service committees to take financial decisions without the requirement for a referral to the Finance and Resources Committee in circumstances where there would be no adverse impact.

The report recommended:-

that the Council approve the Orders of Reference as appended to the report.

The Council resolved:-

to approve the recommendation.

The Council had before it a report by the Director of Corporate Governance which sought a decision on the continued membership of one existing external Council appointee on Aberdeen Prison Visiting Committee, and intimated the requirement to fill two vacant positions.

The report recommended:-

that the Council -

(a)              consider the continued membership of Ms Robyn Warrender on Aberdeen Prison Visiting Committee, in light of her failure to undertake the duties required of a member as set out in part 17 of the Prison and Young Offenders Institutions (Scotland) Rules 2011; if the Council agree to cease this membership then to request the Council to make a replacement external appointment; and

(b)              make two appointments to Aberdeen Prison Visiting Committee, and that these be made either on the basis of two external members or one external and one Council member.

The Council resolved:-

(i)                 to cease the membership of Ms Robyn Warrender on Aberdeen Prison Visiting Committee; and

(ii)               to appoint Councillor Allan, Ms Eileen Lawson and Mr Fraser Forsyth to Aberdeen Prison Visiting Committee.

The Council had before it a report by the Director of Housing and Environment which advised of the key outcomes identified within the review of housing for varying needs (sheltered and very sheltered housing) and sought agreement on the strategic direction identified.

The report recommended:-

that the Council -

(a)              agree to continue with the current integrated service approach to the delivery of housing support for tenants;

(b)              agree to develop a four tier model of service provision to ensure a more person centred approach to housing support services, which reflects the needs of the individuals and not necessarily where they live;

(c)               instruct officers from Housing and Environment and Social Care and Wellbeing to develop an implementation plan designed to make maximum use of the existing housing stock and develop a more person centred approach to housing support;

(d)              note that proposals concerning the future use of individual properties/developments will be submitted to the Housing and Environment Committee for consideration; and

(e)              agree that officials enter into discussions with Registered Social Landlords to ensure an equitable and consistent approach to housing and service provision.

Councillor Malone moved, seconded by Councillor Kiddie:-

            That the Council approve the recommendations contained within the report.

Councillor Hunter moved as an amendment, seconded by Councillor Adam:-

That the Council approve the recommendations contained within the report, and agree that current residents of sheltered accommodation would not suffer detriment as a result of these proposals.

On a division, there voted:-

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

For the amendment  (13)  -  Councillors Adam, Allan, Boulton, Collie, Cooney, Crockett, Farquharson, Graham, Hunter, Ironside, Laing, Milne and Young.

The Council resolved:-

to adopt the motion.

(A)       In terms of Standing Order 10(2), the Council received a deputation from Mr Mike Shepherd of Friends of Union Terrace Gardens.

Mr Shepherd advised that Friends of Union Terrace Gardens had voted to support the proposed referendum on the future of Union Terrace Gardens at its Annual General Meeting in October but stressed that a referendum had to be run fairly and both sides would have to accept the result. Mr Shepherd stated that he was against the idea of an opinion poll, instead of a referendum, as the vast majority of citizens would feel disenfranchised as their opinion would not be asked for. Mr Shepherd concluded by asking for land issues to be clarified before any referendum took place and called for fairness in terms of a limitation on expenditure on publicity by campaigning organisations.

Members asked questions of Mr Shepherd and thanked him for his contribution.

            (B)       The Council then received a deputation from Mrs Dorothy Bothwell.

Mrs Bothwell stated that, in principle, a referendum was the obvious way forward, however she stressed that it had to be fairly run and expressed reservations that the result could not be legally binding, fearing that a vote to reject the City Garden Project could still be overturned, as had been the case with the result of the public consultation. Mrs Bothwell intimated that the consultation period on the referendum question had been insufficient and called on the Council to thank Sir Ian Wood for his generous offer but refuse it and take the matter no further.

Members asked questions of Mrs Bothwell and thanked her for her contribution.

            (C)       The Council next received a deputation from Mr David Henderson.

Mr Henderson gave credit to Sir Ian Wood for his very generous offer but pleaded for the process to be community led. He echoed Mr Shepherd’s comments regarding opinion polls and the need for a limitation on expenditure by campaigning organisations emphasising the need for a level playing field. Mr Henderson added that he hoped that a compromise could be still found and appealed to the Council in such terms.

Members asked questions of Mr Henderson and thanked him for his contribution.

            (D)       The Council next received a deputation from Ms Jennifer Craw of Aberdeen City Gardens Trust, who was accompanied by Ms Lavina Massie, a Director of Aberdeen City Gardens Trust.

Ms Craw summarised the aims of Aberdeen City Gardens Trust in relation to the City Garden Project, and emphasised that it would be the catalyst for regeneration in the city centre, with private sector funding helping to unlock public sector funding for a number of different projects. She added that Aberdeen City Gardens Trust and Sir Ian Wood had always underlined that the project needed the support of the public, and of the Council, and hoped that a referendum would demonstrate this. Ms Craw suggested that the referendum question should be on the basis of voting for or against the City Garden Project.

Members asked questions of  ...  view the full minutes text for item 14.

(i)                 Report to those charged with governance on the Audit of Aberdeen City Council 2010/11 - Report by Henderson Loggie

(ii)               Report to Members and the Controller of Audit 2010/11 - Report by Henderson Loggie

(iii)             Audited Annual Accounts 2010/11 (circulated separately)

With reference to Article 10 of the minute of meeting of the Audit and Risk Committee of 29^th November 2011, the Council had before it (1) the audited annual accounts for Aberdeen City Council for the period 1^st April 2010 to 31^st March 2011; (2) a report by Henderson Loggie, the Council’s external auditor, to members and the Controller of Audit; and (3) a report by Henderson Loggie to those charged with governance on the Audit of Aberdeen City Council 2010/11.

The Council resolved:-

(i)                 to approve the audited accounts for the period 1^st April 2010 to 31^st March 2011;

(ii)               to thank the relevant officers and the external auditor for their hard work, noting that Henderson Loggie had now finished its term as the Council’s external auditor and had been replaced by Audit Scotland; and

(iii)             otherwise to note the reports.

With reference to Article 14 of the minute of meeting of the Finance and Resources Committee of 6^th December 2011, the Council had before it, by way of remit, a report by the Director of Corporate Governance which provided information to enable a balanced budget to be set for 2012/13 and subsequently a capital programme for 2012/13 to 2016/17.

The report recommended:-

that the Finance and Resources Committee -

(a)              note the content of the report and refer it to Council with any recommendations on service options;

(b)              agree that the service options be prioritised; and

(c)               agree that elected members provide officers with their full budget proposals by 8^th February 2012.

And that Council on 14^th December 2011 -

(a)              agree the service options to be implemented for 2012/13 and future years to achieve a balanced budget taking account of growth pressures and feedback obtained as part of the ongoing Priority Based Budgeting process (as detailed in Appendix 1 to the report);

(b)              agree the budget for each service detailed in Appendix 2 to the report;

(c)               agree the level of Council Tax for the financial year 2012/13 and indicative level to 2016/17;

(d)              agree the recommendation of the Head of Finance to retain working balances of 2.5% or approximately £11.5million; and

(e)              agree that the capital programme be set such that no capital borrowing is undertaken and that the programme be set in line with the level of capital grant, capital receipts and contributions.

The Finance and Resources Committee had resolved:-

to agree to forward the proposals as contained below as the Administration’s recommendations, to the meeting of Council of 14^th December 2011 with the following two amendments (1) to move option EPI_AMO29 (item 23 - introduction of charges to residents for Garthdee CPZ (Trading)) from the ‘recommended for rejection’ section to the ‘recommended for further information’ section; and (2) to move option ACC_S08 (item 94 - corporate bond issue) from the ‘recommended for rejection’ section to the ‘recommended for further information’ section.

Service Options recommended for accepting

With reference to Article 18 of the minute of meeting of the Finance and Resources Committee of 6^th December 2011, the Council had before it, by way of remit, a report by the Director of Corporate Governance which provided an update on the treasury management activities undertaken in 2011/12.

The Finance and Resources Committee had recommended to Council:-

(a)       that it note the treasury management activities undertaken in 2011/12 as detailed within the report; and

(b)       that it approve the revised counterparty list as detailed at appendix 1 to the report.

The Council resolved:-

(i)                 to note the treasury management activities undertaken in 2011/12; and

(ii)               to approve the revised counterparty list as appended to the report.

The Council had before it the following questions, of which due notice had been given in terms of Standing Order 20(2), which had been placed on the agenda as the members concerned had indicated they were unhappy with the responses.

Councillor Young

QUESTION

To the Chief Executive

“To ask the Chief Executive, who will be aware of Section 75 of the Local Government (Scotland) Act 1973 as amended which deals with disposal etc. of land forming part of the common good, what discussions if any have taken place between internal Council legal officers and/or Council appointed external legal officers and any Council employee relating to Union Terrace Gardens and what is the legal advice provided to the said employee and to further ask the Chief Executive what discussions if any have taken place between internal Council legal officers and/or Council appointed external legal officers and any person - the definition of “person” includes a body of persons corporate or unincorporated - relating to Union Terrace Gardens and what is the legal advice provided to the said person?”

ANSWER (by the Chief Executive) -

Discussions of a general nature have taken place on a number of occasions between Council legal officers and Enterprise, Planning and Infrastructure employees relating to Union Terrace Gardens. No specific legal advice has been provided other than confirmation that the gardens are within the ownership of the Council and form part of the Common Good. In the absence of a Council decision on the exact nature of any project to be undertaken at Union Terrace Gardens there have been no discussions with any “persons” as defined in the question, bearing in mind that legal advice is provided by the service to the Council and not to third parties.

In accordance with Standing Order 20(4), the Depute Provost ruled that the question had been answered satisfactorily.

The Council resolved:-

to note the details.

QUESTION -

To the Chief Executive

“To ask the Chief Executive if the Director of Corporate Governance has ever replied to members of the Joint Consultative Committee (JCC) following the JCC meeting of 4^th October 2011 where UNISON Aberdeen Branch presented a report to the JCC into costs associated with external delivery of Council IT services, given the Director disputed the accuracy of the report presented by the above said union and gave an assurance that he would respond to the alleged inaccuracies, can the Chief Executive provide members with a copy of the Director’s response to the JCC on the union’s paper or be provided with a date as to when the Director intends to respond to the JCC or alternatively can the Chief Executive confirm that the Director now agrees that the report put to the JCC by the union was indeed accurate thereby no longer needing a reply?”

ANSWER (by the Chief Executive) -

A response was provided to the JCC on 25^th November in relation to the inaccuracies contained within the union statement distributed at the  ...  view the full minutes text for item 18.

"That officers are instructed to prepare a report on proper access for disabled people using mobility scooters at Marischal College, and such a report be remitted to the appropriate committee."

Councillor Leslie, pursuant to notice, moved:-

“That officers are instructed to prepare a report on proper access for disabled people using mobility scooters at Marischal College, and such a report be remitted to the appropriate committee.”

The Council resolved:-

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

"That this Council, with its local and national cultural partners, explores the potential of bidding for the accolade of UK City of Culture in 2017, instructing officers to research the social and economic benefits of submitting a bid, and to scope the financial requirements needed to prepare such a bid."

Lord Provost Peter Stephen, pursuant to notice, moved:-

“That this Council, with its local and national cultural partners, explores the potential of bidding for the accolade of UK City of Culture in 2017, instructing officers to research the social and economic benefits of submitting a bid, and to scope the financial requirements needed to prepare such a bid.”

The Council resolved:-

(i)                 to suspend Standing Order 21(4) to consider the motion in the Lord Provost’s absence; and

(ii)               to approve the motion and instruct officers to report back to a future Council meeting.

“That the relevant department consults with the residents of Bonnyview Drive to ascertain the requirement to install traffic calming measures and report back to committee.”

Councillor Graham, pursuant to notice, moved:-

“That the relevant department consults with the residents of Bonnyview Drive to ascertain the requirement to install traffic calming measures and report back to committee.”

The Council resolved:-

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

“That officers provide a report to advise Aberdeen City Council on what current measures are in place and what further measures need to be undertaken to promote/ensure competition in the bus routes of Aberdeen, thus ensuring a more competitive price for buses for the citizens of Aberdeen that are comparable with other cities in Scotland.”

Councillor Graham, pursuant to notice, moved:-

“That officers provide a report to advise Aberdeen City Council on what current measures are in place and what further measures need to be undertaken to promote/ensure competition in the bus routes of Aberdeen, thus ensuring a more competitive price for buses for the citizens of Aberdeen that are comparable with other cities in Scotland.”

The Council resolved:-

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

“Aberdeen City Council notes the recent statement by the Cabinet Secretary for Justice that he intends to abolish prison visiting committees by December 2012.

Council welcomes his statement relating to the development of advocacy services within prisons but agrees to support the efforts of the National Association of Prison Visiting Committees and the local Aberdeen Prison Visiting Committee in campaigning for the retention of independent monitoring arrangements within Scotland in keeping with the rest of the United Kingdom and further afield.”

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

“Aberdeen City Council notes the recent statement by the Cabinet Secretary for Justice that he intends to abolish prison visiting committees by December 2012.

Council welcomes his statement relating to the development of advocacy services within prisons but agrees to support the efforts of the National Association of Prison Visiting Committees and the local Aberdeen Prison Visiting Committee in campaigning for the retention of independent monitoring arrangements within Scotland in keeping with the rest of the United Kingdom and further afield.”

Councillor Donnelly moved as a procedural motion, seconded by Councillor Leslie:-

That the emergency motion be considered this day.

On a division, there voted:-

For the procedural motion  (14)  -  Councillors Adam, Allan, Collie, Cooney, Crockett, Donnelly, Graham, Hunter, Laing, Leslie, Robertson, Wisely, Young and Yuill.

Against the procedural motion  (22)  -  Depute Provost Cormie; and Councillors Boulton, Corall, Cormack, Dean, Dunbar, Farquharson, Greig, Jaffrey, Kiddie, MacGregor, McCaig, McDonald MSP, Malone, May, Noble, Penny, Kevin Stewart MSP, Wendy Stuart, Townson, John West and Kirsty West.

Absent from the division  (4)  -  Councillors Ironside, Milne, Reynolds and Jennifer Stewart.

The Council resolved:-

(i)                 to reject the procedural motion; and

(ii)               to refer the emergency motion to the Social Care and Wellbeing Committee.

In accordance with the decision recorded under Article 3 of this minute, the following items of business were considered with the press and public excluded.

The Council had before it a report by the Director of Housing and Environment which advised of the outcomes of the tender process for restoration works to Duthie Park and requested permission for the preferred tender to be accepted.

The report recommended:-

that the Council approve the selection of Hunter Construction (Aberdeen) Ltd as the preferred contractor for works to Duthie Park.

The Council resolved:-

to approve the recommendation.

The Council had before it a report by the Director of Enterprise, Planning and Infrastructure which advised of discussions which were ongoing with Glencraft on a number of issues and a request from Glencraft to be granted an extension of the property lease.

The report recommended:-

that the Council -

(a)              approve the extension of the existing lease to Glencraft (Aberdeen) Limited for a period of one year from 1^st April 2012 at an agreed rent on terms and conditions necessary to protect the Council’s interests, subject to confirmation that it was compliant with State Aid regulations; and

(b)              authorise the Head of Asset Management and Operations to continue to liaise with Glencraft management on progress on its relocation/redevelopment aspirations.

The Council resolved:-

to approve the recommendations.

- WILLIAM CORMIE, Depute Provost.