Agenda, decisions and minutes

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

8(a)     City Centre Masterplan Project EN01: Broad Street - Design, Cost and Implementation - Appendix C

The Council resolved:-

(i)           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 item 8(a) so as to avoid disclosure of exempt information of the classes described in paragraphs 6 and 8 of Schedule 7(A) of the Act; and

(ii)          to accept the items of late business on the agenda as matters of urgency in terms of Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973.

The Council had before it the minute of meeting of Aberdeen City Council of 17 August 2016.

The Council resolved:-

to approve the minute.

The Council had before it a statement of Council business.

The Council resolved:-

to note the statement.

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 at the request of the Planning Development Management Committee.

DECLARATIONS OF INTERESTS

Councillor Jackie Dunbar declared an interest in the following item of business as a member of the Zero Waste Management Sub Committee, and advised that she had been very vocal in her support for an Energy from Waste plant in Aberdeen.  Councillor Jackie Dunbar acknowledged that there may be a public perception that she had pre-determined the planning application, and although she had not she withdrew from the meeting and took no part in the Council’s deliberations thereon.

Councillor Finlayson declared an interest as a member of the Inter-Authority Working Group and also as a member of the Energy from Waste Stakeholder Group who had attended stakeholder meetings.  Councillor Finlayson did not consider that the nature of his interest required him to leave the meeting.

Councillor Allan declared an interest, withdrew from the meeting and took no part in the Council’s deliberations thereon.

Councillor Jean Morrison declared an interest as Convener of the Zero Waste Management Sub Committee and also as a member of the Inter-Authority Working Group who had attended stakeholder meetings.  Councillor Jean Morrison did not consider that the nature of her interest required her to leave the meeting.

Councillor Dickson declared an interest by virtue of his spouse having been employed by the Council at the time the planning application was being submitted, and she had been involved in a number of public events promoting the facility.  Councillor Dickson stated that it was his intention to remain in the meeting to represent the views of his constituents on the matter, however he would then leave and not take part in any vote on the application.

Councillors Cooney, Corall and Delaney declared interests as members of the Zero Waste Management Sub Committee.  None of the aforementioned Councillors considered that the nature of their interests required them to leave the meeting.

Councillor Donnelly declared an interest as a member of the Zero Waste Management Sub Committee who had also attended stakeholder meetings.  Councillor Donnelly did not consider that the nature of his interest required him to leave the meeting.

Councillor Flynn declared an interest as an attendee at stakeholder meetings but did not consider that the nature of his interest required him to leave the meeting. 

At this juncture, the Lord Provost advised that he had accepted a petition prior to the meeting from the four Community Councils (Cove and Altens, Kincorth and Leggart, Nigg and Torry).  The Lord Provost estimated that there were approximately 1,000 signatures within the petition, however the details had not been verified.

Referred simpliciter to Council

With reference to Article 1 of the minute of meeting of the Planning Development Management Committee of 3 October 2016, the Council had before it a report by the Acting Head of City Planning, which had been referred simpliciter, regarding an application for detailed planning permission for the erection of an Energy from Waste facility, vehicular and non-vehicular accesses, ancillary buildings, associated infrastructure and landscaping at the Scottish Gas Network site, Greenbank Crescent.

The report recommended:-

that the Planning Development Management Committee approve the application subject to the following conditions -

(1) Notwithstanding the details shown on the approved plans, the erection of buildings or structures hereby permitted shall not commence until details or samples of the external materials to be used in their construction, including details of finishes, colours and treatment, have been submitted to and approved in writing by the local planning authority.  Development shall be carried out in accordance with the approved details or samples; (2) No development hereby permitted shall commence until details of the culverting of the Tullos Beck have been submitted to and approved in writing by the local planning authority; (3) The culverting of the Tullos Burn shall be carried out in accordance with the approved details before the access road is brought into use and, within two months of the completion of these approved works, a report and “as built” drawings demonstrating that the culvert has been constructed in accordance with the approved details shall be submitted to the local planning authority; (4)No development hereby permitted shall commence until a scheme for the provision of surface water management has been submitted to and approved in writing by the local planning authority in respect of each phase of the development.  The approved scheme for each phase shall be implemented in accordance with the approved details and retained thereafter; (5) The development hereby permitted shall not commence until a full Drainage Impact Assessment, indicating the proposed Sustainable Urban Drainage Systems (SUDS) facilities in addition to a full examination of all watercourses within the vicinity of the site and the impact which the development shall have on the existing drainage network has been submitted to and agreed in writing.  All connections for the soakaways should also be shown and the location of these connections; (6)Prior to the commencement of development, details of the red aviation warning lights to be placed on the stack shall be submitted to and approved in writing by the local planning authority.  The development shall be implemented in accordance with the approved details; (7)Prior to the commencement of development details of external lighting and internal lighting which will be seen outside the boundaries of the site shall be submitted to and approved in writing by the local planning authority.   The details shall include the position, height, type and power of each external lighting, the need for the external lights for security and safety, the circumstances in which external lighting is to be activated, the positioning and operation  ...  view the full minutes text for item 4.

The Council had before it a report by the Chief Executive which sought approval to allow Councillor Kiddie’s absence from attending meetings to continue on an ongoing basis given his ill health.

The report recommended:-

that the Council approve Councillor Kiddie’s absence from attending meetings on an ongoing basis due to his continuing ill health.

The Council resolved:-

to approve the recommendation.

The Council had before it a report by the Interim Director of Communities, Housing and Infrastructure which presented the final version of Powering Aberdeen, following public consultation, for approval as well as the post Adoption Statement of the associated Strategic Environmental Assessment.

The report recommended:-

that the Council -

(a)          approve the final version of Powering Aberdeen;

(b)          approve the Adoption Statement associated with the Strategic Environmental Impact Assessment undertaken on Powering Aberdeen; and

(c)          instruct the Director of Communities, Housing and Infrastructure to submit an annual report on progress in implementing Powering Aberdeen to the Communities, Housing and Infrastructure Committee.

The Council resolved:-

to approve the recommendations.

The Council had before it a report by the Chief Officer, Aberdeen City Health and Social Care Partnership, which advised of the recent joint inspection of health and social work services for older people, undertaken by the Care Inspectorate and Health Improvement Scotland between November 2015 and February 2016, and appended the joint inspection report.

The report recommended:-

that the Council -

(a)          note that the report following the Joint Inspection of Older People’s Services had been published; and

(b)          agree that the Integration Joint Board oversee the delivery of the action plan that was in development.

The Council resolved:-

to approve the recommendations.

The Council had before it the annual performance report for Bon Accord Care for 2015/16.

The Council resolved:-

to note the annual performance report.

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 to allow the Council to consider the matter at the earliest opportunity.

DECLARATION OF INTERESTS

Councillors Milne, Nathan Morrison and Yuill declared interests in the following item of business by virtue of their membership of UNISON.  Councillors Milne and Yuill considered that the nature of their interests required them to leave the meeting and took no part in the Council’s deliberations thereon.

The Council had before it a report by the Interim Director of Corporate Governance which sought agreement to sign up to the UNISON Ethical Care Charter and for the Leader of the Council to sign the Charter on the Council’s behalf.

The report recommended:-

that the Council -

(a)          agree to sign up to UNISON’s Ethical Care Charter;

(b)          agree that the Leader of the Council sign the Charter on behalf of Aberdeen City Council;

(c)          note that the Integration Joint Board had remitted to the Chief Officer of the Integration Joint Board the task of developing an action plan and timescales for implementing the Charter; and

(d)          agree that a report be brought back to Full Council on progress by August 2017.

The Council resolved:-

to approve the recommendations.

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 to allow for the statutory time period for public consultation and for a subsequent report on the consultation to be presented to a special committee meeting in February 2017.

With reference to Article 15 of the minute of meeting of the Education and Children’s Services Committee of 8 September 2016, the Council had before it a report by the Director of Education and Children’s Services which sought approval to engage in a formal public consultation regarding proposals for future primary education provision in Tillydrone and Old Aberdeen.

The report recommended:-

that the Council -

(a)          instruct the Head of Policy, Performance and Resources to prepare a proposal document on the primary education provision at Riverbank School and St Peter’s School;

(b)          agree that this proposal document set out the options for public consultation, these being:

(i)        the creation of a new shared campus which includes a new St Peter’s School, a new non-denominational school and early education and childcare facility on the site of the former St Machar School/former Tillydrone School site; or

(ii)       the relocation of St Peter’s School into the existing Riverbank School building and the creation of a new three stream non-denominational school with early education and childcare provision on the site of the former St Machar School/former Tillydrone School site;

(c)          agree that the formal consultation commence on 24 October 2016 and last until 9 December 2016;

(d)          instruct the Head of Policy, Performance and Resources to consult on the proposals with Education Scotland and with the Scottish Government as and when required;

(e)          agree that a consultation report be prepared for a future special meeting of the Education and Children’s Services Committee in February 2017; and

(f)           otherwise note the content of the report.

The Council resolved:-

to approve the recommendations.

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 to allow the developer to procure the proposed works and ensure that the project could be delivered on time.

With reference to Article 14 of the minute of its meeting of 29 June 2016, the Council had before it a report by the Interim Director of Communities, Housing and Infrastructure which presented proposals for a detailed design solution for the public realm intervention of Broad Street, noted the current position in relation to the construction cost plan for the project and sought authority for delivery of the project.

The report recommended:-

that the Council -

(a)          agree the design solution for Broad Street;

(b)          note the approximate total budget costs for Broad Street public realm works (as detailed in Appendix C which contained exempt information);

(c)          agree a capital cost contribution from the City Centre Masterplan Capital Fund for the public realm interventions proposed for Broad Street which may be reduced if the Council was successful in its application for Sustrans funding (as detailed in Appendix C);

(d)          note that an application for a funding contribution had been made to Sustrans, and to instruct the Head of City Planning to accept such funding for the project if the application was successful, which was subject to the Council’s agreement of recommendation (a) above;

(e)          note that funding has been made available from the partnership agreement that the Council has with Muse and Aviva over the Marischal Square development at a sum of £1.12million;

(f)           note that £31,000 is available to the scheme through Developer Obligations;

(g)          instruct the Head of Public Infrastructure and Environment to promote a Redetermination Order for the full extent of Broad Street and report the results to a future committee;

(h)          note the delivery programme and method for the works and instruct the Head of Land and Property Assets to procure the works as determined in the report; and

(i)            instruct the appropriate officer to report on the project’s progress to the Finance, Policy and Resources Committee through the Strategic Infrastructure Plan monitoring.

The Head of Economic Development advised the Council that, in relation to recommendations (c) and (d), Sustrans had very recently confirmed an award of funding in support of the project.  This was further detailed in an additional paper circulated which contained exempt information as described in paragraph 6 of Schedule 7A of the Local Government (Scotland) Act 1973.

The Council resolved:-

to approve the recommendations, noting that Sustrans had confirmed an award of funding.

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 to enable the date of the Council Budget meeting in February 2017 to be changed.

The Council had before it a report by the Interim Director of Corporate Governance which provided details of the current General Fund Revenue budget projections for 2017/18 to 2019/20.

The report recommended:-

that the Council -

(a)          note the financial projections contained within the report;

(b)          note that further projections and actions would be reported as part of the budget setting process; and

(c)          note the intention to move the Council’s budget setting meeting to a later date than currently planned and that this meeting would include the General Fund, the Housing Revenue Account, Common Good and the Pension Fund.

Councillor Young moved, seconded by Councillor Crockett:-           

That the Council -

(1)       approve the recommendations contained within the report;

(2)       note the Accounts Commission report An Overview of Local Government in Scotland 2016 prepared by Audit Scotland;

(3)       note from the report that the Council’s revenue funding from the Scottish Government will reduce by 5% in 2016/17, bringing the real terms reduction in revenue funding since 2010/11 to 11%;

(4)       note the Auditor General for Scotland’s report Scotland’s New Financial Powers prepared by Audit Scotland;

(5)       note from the Auditor General’s report that the new powers give more control over public finances and bring new opportunities and challenges and that the Scottish Government will have more choice over tax and spending, and more decisions to make about how and when to use its new borrowing and reserve powers;

(6)       note the following statement agreed by Audit Scotland within the Council’s Annual Accounts approved at the Audit, Risk and Scrutiny Committee at its meeting in September 2016; “The delivery of another strong financial year, coupled with previous years, shows that we continue to control spend and costs to within budget allowing us to implement a strong investment strategy for the future of the city”; and

(7)       instruct the Chief Executive to bring forward to the Council’s budget meeting in 2017 a legacy report on the work of the Council for the period May 2012 until the present, providing a 12 page A4 magazine for public information; this magazine to be included in the Council tax bills for 2017/18, the content of the magazine complying with statutory requirements.

Councillor Flynn moved as an amendment, seconded by Councillor Yuill:-

That the Council approve the recommendations contained within the report.

On a division, there voted:-

For the motion  (20)  -  Lord Provost; Depute Provost; and Councillors Allan, Boulton, Carle, Cooney, Crockett, Lesley Dunbar, Finlayson, Graham, Grant, Ironside, Laing, Lawrence, Malik, Milne, Jean Morrison, Nathan Morrison, Taylor and Young.

For the amendment  (18)  -  Councillors Cameron, Copland, Corall, Cormie, Delaney, Dickson, Jackie Dunbar, Flynn, Greig, Hutchison, MacGregor, Nicoll, Noble, Samarai, Jennifer Stewart, Sandy Stuart, Townson and Yuill.

Absent from the division  (2)  -  Councillors Donnelly and Malone.

The Council resolved:-

to adopt the motion.

In accordance with Standing Order 15(6), Councillors Cameron, Copland, Corall, Cormie, Delaney, Dickson, Flynn, Greig, Hutchison, MacGregor, Nicoll, Noble, Samarai, Jennifer Stewart, Sandy Stuart, Townson and Yuill intimated their dissent against the foregoing decision.

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 to allow changes to appointments to be made at the earliest opportunity.

The Council had before it a report by the Chief Executive which presented proposed changes in relation to appointments.

The report recommended:-

that the Council -

(a)          approve that Councillor Boulton replace Councillor Carle as Convener of the Licensing Committee; and

(b)          approve that Councillor Reynolds replace Councillor Finlayson as a representative on the Shaping Aberdeen Housing LLP.

The Council resolved:-

(i)            to approve the recommendations; and

(ii)          to agree that Councillor Nicoll replace Councillor Kiddie as a representative on the Board of Aberdeen Performing Arts.

“That Council:-

1. Deplores First Aberdeen's intention to terminate the X40 service to Kingswells at the end of this year, effectively leaving an entire community without access to public transport.

2. Instructs the Director of Communities, Housing and Infrastructure to seek a meeting with First Aberdeen to seek to reverse this decision and to further emphasise the need for services to be provided to all areas of Aberdeen.

3. Instructs the Director of Communities, Housing and Infrastructure to look at all available options including meeting with alternative public transport operators to explore the possibility of them providing a service to Kingswells.

4. Instructs the Chief Executive to seek a meeting with the Transport Minister and to meet with Group Leaders to consider how best to ensure that Kingswells residents are not left without a service and investigate how best to protect our communities  across Aberdeen from further service withdrawals.”

The Council had before it the following notice of motion by Councillor Delaney:-

“That Council:-

1.         Deplores First Aberdeen’s intention to terminate the X40 service to Kingswells at the end of this year, effectively leaving an entire community without access to public transport.

2.         Instructs the Director of Communities, Housing and Infrastructure to seek a meeting with First Aberdeen to seek to reverse this decision and to further emphasise the need for services to be provided to all areas of Aberdeen.

3.         Instructs the Director of Communities, Housing and Infrastructure to look at all available options including meeting with alternative public transport operators to explore the possibility of them providing a service to Kingswells.

4.         Instructs the Chief Executive to seek a meeting with the Transport Minister and to meet with Group Leaders to consider how best to ensure that Kingswells residents are not left without a service and investigate how best to protect our communities across Aberdeen from further service withdrawals.”

Councillor Laing proposed that the motion be referred to the next meeting of the Communities, Housing and Infrastructure Committee.

Councillor Delaney moved as a procedural motion, seconded by Councillor Greig:-

That the Council consider the motion this day.

On a division, there voted:-

For the procedural motion  (20)  -  Depute Provost; and Councillors Cameron, Copland, Corall, Cormie, Delaney, Dickson, Jackie Dunbar, Finlayson, Flynn, Greig, Hutchison, MacGregor, Nicoll, Noble, Samarai, Jennifer Stewart, Sandy Stuart, Townson and Yuill. 

Against the procedural motion  (18)  -  Lord Provost; and Councillors Allan, Boulton, Carle, Cooney, Crockett, Lesley Dunbar, Graham, Grant, Ironside, Laing, Lawrence, Malik, Milne, Jean Morrison, Nathan Morrison, Taylor and Young.

Absent from the division  (2)  -  Councillors Donnelly and Malone.

The Council resolved:-

to adopt the procedural motion, and thereby consider the motion this day.

The Council further resolved:-

to approve the following joint motion in the names of Councillors Delaney, Grant and Dickson:-

“That Council:-

1.         Deplores First Aberdeen’s intention to terminate the X40 service to Kingswells at the end of this year, effectively leaving an entire community without access to public transport;

2.         Instructs the Director of Communities, Housing and Infrastructure to seek a meeting with First Aberdeen to seek to reverse this decision and to further emphasise the need for services to be provided to all areas of Aberdeen;

3.         Instructs the Chief Executive to meet with Group Leaders to consider how best to ensure that Kingswells residents are not left without a service and investigate how best to protect our communities across Aberdeen from further service withdrawals; and

4.         Reaffirms the decision of the Finance, Policy and Resources Committee of 20 September 2016, and asks the Chief Executive to arrange public meetings in Kingswells and Bridge of Don to take place which seek to feedback and discuss options which are identified by residents and from the drop-in sessions which have already been organised.”

In accordance with the decision recorded under Article 1 of this minute, the following item was considered with the press and public excluded.

With reference to Article 11 of this minute, the Council had before it Appendix C to the report by the Interim Director of Communities, Housing and Infrastructure Committee.

The appendix detailed financial information in relation to recommendations (b), (c) and (d) contained within the report.

The Council resolved:-

to approve the recommendations in accordance with the decision taken at Article 11 of this minute.

- GEORGE ADAM, Lord Provost.