Agenda, decisions and minutes

The Lord Provost advised that Her Majesty the Queen had recently announced the award of the British Empire Medal to Councillor Malik for services to the community of Aberdeen, and congratulated Councillor Malik on the achievement.

The Council resolved:-

to concur with the remarks of the Lord Provost.

(A)       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:-

            Shona Croly, Business Analyst, Aberdeen

            James Stewart Davidson, Company Director, Aberdeen

Professor Henry Irvine Ellington, Retired University Professor, Aberdeen

Jean Mitchell Hamilton, Economics Secretarial, Aberdeen

Alan James Johnstone, Retired Senior Finance Manager, Aberdeen

Jane Glaister MacEachran, Solicitor, Aberdeen

Anne M F Malcolm, Retired Trading Enforcement Officer, Aberdeen

Anne Murray, Physiotherapist, Aberdeen

Professor Margaret Louise Ross, University Vice Principal/Professor of Law, Aberdeen

Wendy Alison Stuart, Nurse/Chairperson, Aberdeen

(B)       The person undermentioned was admitted into the presence of the Council and passed as a Burgess of the Burgh of Aberdeen of their own craft only:-

            William Beattie, Shoemakers, 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:-

            11.1    Aberdeen International Youth Festival Governance Review

            11.2    Aberdeen City - Residential Nursing Home Provision

            11.3    Complaints Review Committee - 21 February 2017

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 11.1, 11.2 and 11.3 so as to avoid disclosure of exempt information of the classes described in paragraphs 1, 3, 6, 8 and 9 of Schedule 7(A) of the Act.

Councillors Boulton, Duncan and Imrie declared interests in relation to item 11.1 (Aberdeen International Youth Festival Governance Review) (Article 25 of this minute refers) by virtue of their position as Council appointed members of the Aberdeen International Youth Festival Trust, however they indicated that they would remain in the meeting for consideration of the item.

The Lord Provost proposed that item 10.3 (Motion by Councillors Lumsden and Laing) be brought forward and considered as the first item of business after item 8.3 (Tracker) on the agenda, and this was accepted.

The Council had before it the minute of meeting of Aberdeen City Council of 22 February 2017.

The Council resolved:-

to approve the minute.

The Council had before it the minute of meeting of Aberdeen City Council of 15 March 2017.

The Council resolved:-

to approve the minute.

The Council had before it the minute of meeting of Aberdeen City Council of 17 May 2017.

The Council resolved:-

(i)           in relation to Article 8 (page 67 of the document pack), to note that Councillor Sandy Stuart had been present and voted in the division, however his vote had not registered hence it was recorded that he had been absent from the division; and

(ii)          to approve the minute.

The Council had before it a statement of Council Business.

Councillor Flynn moved as a procedural motion, seconded by Councillor Nicoll:-

That item 4 (OP85 - King Street/Beach Esplanade) be retained on the Council Business Statement, and that the report be submitted to Council rather than the Finance, Policy and Resources Committee.

On a division, there voted:-

For the procedural motion  (22)  -  Councillors Allard, Alphonse, Cameron, Cooke, Copland, Cormie, Delaney, Jackie Dunbar, Flynn, Greig, Henrickson, Hutchison, MacGregor, Catriona MacKenzie, McLellan, McRae, Nicoll, Noble, Samarai, Sandy Stuart, Townson and Yuill.

Against the procedural motion  (22)  -  Lord Provost; Depute Provost; and Councillors Allan, Bell, Boulton, Donnelly, Lesley Dunbar, Duncan, Graham, Grant, Houghton, Hunt, Imrie, John, Laing, Lumsden, Macdonald, Avril MacKenzie, Malik, Reynolds, Sellar and Wheeler.

There being a tied vote, in terms of Standing Order 29.6, the Lord Provost exercised his casting vote against the procedural motion.

The Council resolved:-

to reject the procedural motion.

The Council further resolved:-

(i)           in relation to item 4 (OP85 - King Street/Beach Esplanade), to transfer the item to the Finance, Policy and Resources Committee Business Statement with a due date of 30 November 2017;

(ii)          in relation to item 7 (Shaping Aberdeen Housing LLP 5 Year Business Plan), to instruct the Interim Director of Communities, Housing and Infrastructure to submit a report to the next Council meeting;

(iii)         in relation to item 15 (Welfare Reform), to instruct the Interim Director of Communities, Housing and Infrastructure to submit a report to the next Council meeting; and

(iv)         to otherwise note the business statement.

The Council had before it a list of outstanding motions.

The Council resolved:-

to note the motions list.

The Council had before it a tracker document which identified reports that were due to be considered by the Council at its next three meetings.

The Council resolved:-

(i)           to note that a report on the Scheme of Governance would be submitted to the Council meeting in October rather than December; and

(ii)          to note the tracker.

Request that the Head of Legal and Democratic Services brings a report to the next Full Council meeting recommending how the role of Leader of the Council can be carried out by Co-Leaders, without there being a Deputy Leader, in a way that complies with the governance framework of the Council including any provisions in the Standing Orders.

The Council had before it the following notice of motion by Councillors Lumsden and Laing:-

Request that the Head of Legal and Democratic Services brings a report to the next Full Council meeting recommending how the role of Leader of the Council can be carried out by Co-Leaders, without there being a Deputy Leader, in a way that complies with the governance framework of the Council, including any provisions in the Standing Orders.

The Council resolved:-

to approve the amended notice of motion in the following terms:-

Request that the Head of Legal and Democratic Services brings a report to the next Full Council meeting recommending how the role of Leader of the Council can be carried out by Co-Leaders, without there being a Deputy Leader, in a way that complies with the governance framework of the Council including any provisions in the Standing Orders and adheres to the rules set out in the Local Governance (Scotland) Act 2004 (Remuneration) Regulations 2007.

The Council had before it a report by the Chief Executive which advised of the actions that had been taken on behalf of the Council by the Chief Executive regarding Kingsmead Nursing Home.

The report recommended:-

that the Council note the actions taken to secure the safe provision of services at Kingsmead Nursing Home.

The Council resolved:-

(i)           to approve the recommendation; and

(ii)          to acknowledge the hard work and commitment of staff within the Council, Aberdeen City Health and Social Care Partnership and Bon Accord Care in relation to the matter.

The Council had before it a report by the Chief Executive which provided details of the arrangements put in place for governance of the Integration Joint Board.

The report recommended:-

that the Council note the content of the report.

The Council resolved:-

to approve the recommendation.

The Council had before it a report by the Head of Legal and Democratic Services which sought approval of revised governance arrangements in relation to powers delegated to the Chief Executive of Aberdeen City Council to authorise expenditure in respect of the delivery of adult social care services and the implementation of any direction issued by the Council by the Integration Joint Board (IJB).

The report recommended:-

that the Council -

(a)          approve the appointment of the Chief Officer of the IJB, in terms of section 64 of the Local Government (Scotland) Act 1973 (“the 1973 Act”), as an officer of the Council for the purposes of exercising the powers as set out in the Aberdeen City Council Delegated Powers 2017;

(b)          approve the amendment of the Council’s Scheme of Delegated Powers set out in Appendix A; and

(c)          approve the amendment of the Aberdeen City Council Procurement Regulations as set out in Appendix B.

The Council resolved:-

to approve the recommendations.

The Council had before it a report by the Head of Legal and Democratic Services which sought approval of the new policy on the appointment of elected members to outside bodies and made recommendations for those bodies which required or requested such appointments, and changes to the composition of various committees, and sought a delegation to allow the Head of Legal and Democratic Services to set and amend the Council diary.

The report recommended:-

that the Council -

(a)          approve the draft policy on the appointment of elected members to outside bodies as set out at Appendix 1 to the report;

(b)          appoint elected members to the outside bodies listed in Appendix 3 to the report;

(c)          agree to make no appointment to the outside bodies listed in Appendix 4 to the report and note that these would be removed from the outside bodies register;

(d)          instruct the Head of Legal and Democratic Services to ensure that the necessary formalities are addressed with respect to the resignations and nominations of elected members to the outside bodies listed in Appendices 3 and 4;

(e)          instruct the Head of Legal and Democratic Services to keep the proposed policy and the outside bodies register under review to ensure that the levels of support the Council provides to these outside bodies through an elected member appointment is consistent with the policy;

(f)           approve the changes to the compositions of the various committees as set out in paragraph 3.6.1 of the report;

(g)          delegate authority to the Head of Legal and Democratic Services to set and amend the calendar of Council, Committee and Sub Committee meetings following consultation with the Lord Provost and Council Leader and to update the Scheme of Delegation accordingly; and

(h)          note the various appointments approved under delegated authority since the Statutory Council meeting contained within Appendix 5, and approve any outstanding appointments.

DECLARATION OF INTERESTS

At this juncture, following a question about the Oakbank School Board of Governors, Councillors Allan, Donnelly and Laing declared interests having been appointed previously by the Council to the Oakbank School Board of Governors, however they did not consider that the nature of their interests required them to leave the meeting.

The Council resolved:-

(i)           to defer approving the draft policy on the appointment of elected members to outside bodies as set out at Appendix 1 to the report in order for the Head of Legal and Democratic Services to bring a report to the next Council meeting on the feasibility and cost of the Council indemnifying Councillors on all outside bodies within Appendix 3 as well as undertaking an assessment of those outside bodies identified in the report where no insurance cover is currently provided by the Council to ensure Councillors are fully aware of the risks associated with joining an outside body;

(ii)          to appoint elected members on the following basis to the following outside bodies and agree that a meeting of Group Leaders be held within the next 14 days to  ...  view the full minutes text for item 16.

With reference to Article 18 of the minute of its meeting of 14 December 2016, the Council had before it a report by the Chief Executive which provided a final update on progress by Community Planning Aberdeen in addressing the key areas of the Community Planning Audit in 2013.

The report recommended:-

that the Council approve the final update report on the 2013 Community Planning Audit Improvement Plan.

The Council resolved:-

to approve the recommendation.

With reference to Article 19 of the minute of its meeting of 14 December 2016, the Council had before it a report by the Interim Director of Communities, Housing and Infrastructure which provided the six month progress report for 2016/17 for the Fairer Aberdeen Fund programme and the allocation of funding for 2017/18.

The report recommended:-

that the Council -

(a)          note the six month progress report for 2016/17 at Appendix 1;

(b)          note the information at Appendix 2 listing the initiatives being funded in 2017/18;

(c)          note the information at Appendix 3 relating to the Participatory Budgeting event carried out by the Fairer Aberdeen Board in October 2016; and

(d)          agree that further Fairer Aberdeen annual and six month progress reports be issued as Service Updates in future.

The Council resolved:-

(i)           to approve recommendations (a), (b) and (c);

(ii)          to agree that the Fairer Aberdeen annual report be submitted to the Council meeting for consideration, with the six month progress report issued as a Service Update in future; and

(iii)         to request the Interim Director of Communities, Housing and Infrastructure to review the performance indicators contained within Appendix 2 where performance was currently reported on a six monthly basis against a yearly target, with a view to performance and the target being on a like for like basis.

With reference to Article 18 of the minute of its meeting of 15 March 2017, the Council had before it a report by the Interim Director of Communities, Housing and Infrastructure which sought approval to modify the Planning Obligations Supplementary Guidance following a direction issued by Scottish Ministers to the Council as part of their approval process.

The report recommended:-

that the Council -

(a)          agree the modifications to the Planning Obligations Supplementary Guidance required by Scottish Ministers in their letter of 14 May 2017, as at Appendix 1, and set out in the Planning Obligations Supplementary Guidance as at Appendix 2; and

(b)          note that charges for Stopping Up Orders/Traffic Regulation Orders and the preparation of Legal Agreements would continue to be reasonably and fairly applied.

The Council resolved:-

to approve the recommendations.

With reference to Article 30 of the minute of its meeting of 15 March 2017, the Council had before it a report by the Interim Director of Communities, Housing and Infrastructure which advised of the options available to the Council for the operation of bus services.

The report recommended:-

that the Council -

(a)          instruct the Interim Director of Communities, Housing and Infrastructure to report to the Communities, Housing and Infrastructure Committee in August 2017 with a proposal for a revised Quality Partnership for public transport;

(b)          instruct the Interim Director of Communities, Housing and Infrastructure to report to the Finance, Policy and Resources Committee in September 2017 with options for dealing with gaps in the public transport network, where a need has been identified and for a decision to be made; and

(c)          welcome the forthcoming consultation on a Transport Bill for Scotland and instruct the Interim Head of Planning and Sustainable Development to engage fully in the consultation process and to report back to Council following the Bill being passed by the Scottish Parliament.

The Council resolved:-

(i)           to approve recommendations (a) and (b);

(ii)          to instruct the Interim Director of Communities, Housing and Infrastructure to arrange for an appropriate procurement exercise to be carried out so as to seek a provider for an enhanced public bus service to Kingswells to extend the current service, to 6.00am and 11.00pm daily, Monday through Friday as soon as possible. Subject to timing requirements for the said procurement, this enhancement would be for the remainder of the financial year 2017/18 in recognition of the exceptional circumstances impacting on those residents living in Kingswells. This will be on the understanding that the maximum cost of such enhanced public bus service will be £25,000 and will be funded from contingencies and that all relevant legal provisions are complied with, including with reference to state aid; and

(iii)         to instruct the Interim Director of Communities, Housing and Infrastructure to write to the Minister for Transport and the Islands, Humza Yousaf MSP, seeking clarity on the timescales for both the consultation with Aberdeen City Council regarding the Transport Bill and the publishing of the draft bill, and to report back to Council at the next available opportunity.

With reference to Article 3 of the minute of its meeting of 22 February 2017, the Council had before it a report by the Interim Director of Communities, Housing and Infrastructure which responded to the instruction to prepare a business case around the feasibility of Aberdeen City Council introducing Low Emission Zones throughout the city.

The report recommended:-

that the Council -

(a)          instruct the Interim Director of Communities, Housing and Infrastructure to carry out a Low Emission Feasibility Study in accordance with the methodology detailed in technical guidance and prescribed timescales;

(b)          instruct officers to inform the Council of the study outcomes and recommendations at prescribed stages of the assessment process as detailed in the technical guidance;

(c)          note the ‘Next Steps’ section explaining the feasibility study process and role of partner organisations; and

(d)          instruct the Interim Director of Communities, Housing and Infrastructure to volunteer Aberdeen City Council to be an early adopter should the feasibility study indicate that it may be appropriate to introduce a Low Emission Zone in Aberdeen.

The Council resolved:-

(i)           to approve recommendations (a), (b) and (c); and

(ii)          to instruct the Interim Director of Communities, Housing and Infrastructure to bring a report back to Council detailing the outcome of the feasibility study with a view to members determining whether Aberdeen City Council should volunteer itself as an early adopter.

With reference to Article 26 of the minute of its meeting of 15 March 2017, the Council had before it a joint report by the Head of Communities and Housing and the Head of Human Resources and Customer Service which set out Aberdeen City Council’s Equality Outcomes for 2017-21.

The report recommended:-

that the Council -

(a)          approve the new and revised Equality Outcomes for 2017-21 proposed within the ‘Equality Outcomes and Mainstreaming Progress Report’ which was approved at Full Council on 15 March 2017, as detailed in Appendix 1; and

(b)          approve the easy read version of the Council’s Equality Outcomes (Appendix 3).

The Council resolved:-

(i)           to approve the recommendations; and

(ii)          to instruct the Head of Human Resources and Customer Service to report back to Council in further detail in connection with Appendix 2 and the number of employees with a disability subject to the disciplinary process, particularly with regard to frequency, possible patterns and appropriate training.

1.            Council notes that the Gordon Highlanders Museum is the only five star rated visitor attraction in the city, and is important in attracting visitors to Aberdeen; and that it also represents an important educational resource. Council also notes the close and long-standing connections between Aberdeen and this historic regiment.

2.            Council further notes that the museum is facing a funding crisis due to a drop in income from its commercial activities, resulting from the recent downturn in the local economy; and has launched an appeal to raise £300,000 over a three year period; but expects to be able to return to being self-funding thereafter.

3.            Council therefore instructs officers to investigate what financial support can be provided by the council to the museum to help ensure the survival and future success of this superb facility, given its economic, educational and cultural importance; and to report back with recommendations to the Finance, Policy and Resources Committee.

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

(1)      Council notes that the Gordon Highlanders Museum is the only five star rated visitor attraction in the city, and is important in attracting visitors to Aberdeen; and that it also represents an important educational resource. Council also notes the close and long-standing connections between Aberdeen and this historic regiment.

(2)      Council further notes that the museum is facing a funding crisis due to a drop in income from its commercial activities, resulting from the recent downturn in the local economy; and has launched an appeal to raise £300,000 over a three year period; but expects to be able to return to self-funding thereafter.

(3)      Council therefore instructs officers to investigate what financial support can be provided by the Council to the museum to help ensure the survival and future success of this superb facility, given its economic, educational and cultural importance, and to report back with recommendations to the Finance, Policy and Resources Committee.

The Council resolved:-

to approve the terms of the motion.

That this Council:

1.            Believes that the best way to promote peace and harmony in the world is to build cultural, academic and economic bridges.

2.            Rejects any attempts to drive individuals, families and legitimate businesses away from Aberdeen on grounds of race, religion or country of origin and condemns any organisation that pursues such a policy.

With reference to Article 27 of the minute of its meeting of 14 December 2016, the Council had before it the following notice of motion by Councillor Greig:-

            That this Council:-

(1)       believes that the best way to promote peace and harmony in the world is to build cultural, academic and economic bridges; and

(2)       rejects any attempts to drive individuals, families and legitimate businesses away from Aberdeen on grounds of race, religion or country of origin and condemns any organisation that pursues such a policy.

Councillor Laing indicated that she had an amendment in the following terms:-

            That this Council:-

(1)      condemns unequivocally racism, xenophobia and hate crimes and believes that these have no place in this, or any other country;

(2)      takes pride that Aberdeen is a vibrant, diverse, tolerant and multicultural city in which everyone can contribute to the local community and economy irrespective of race, gender, religion or social background; and

(3)      commits itself to:-

(i)        continue to work with others to tackle and prevent racism, xenophobia and hate crimes.

(ii)       maintain Aberdeen as a welcoming and friendly international destination.

Councillor Greig moved, seconded by Councillor Delaney:-

            That this Council:-

(1)       believes that the best way to promote peace and harmony in the world is to build cultural, academic and economic bridges;

(2)       rejects any attempts to drive individuals, families and legitimate businesses away from Aberdeen on grounds of race, religion or country of origin and condemns any organisation that pursues such a policy;

(3)       condemns unequivocally racism, xenophobia and hate crimes and believes that these have no place in this, or any other country;

(4)      takes pride that Aberdeen is a vibrant, diverse, tolerant and multicultural city in which everyone can contribute to the local community and economy irrespective of race, gender, religion or social background; and

(5)      commits itself to:-

(i)        continue to work with others to tackle and prevent racism, xenophobia and hate crimes.

(ii)       maintain Aberdeen as a welcoming and friendly international destination.

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

That this Council:-

(1)       condemns unequivocally racism, xenophobia and hate crimes and believes that these have no place in this, or any other country;

(2)       takes pride that Aberdeen is a vibrant, diverse, tolerant and multicultural city in which everyone can contribute to the local community and economy irrespective of race, gender, religion or social background; and

(3)       commits itself to:-

(i)        continue to work with others to tackle and prevent racism, xenophobia and hate crimes.

(ii)       maintain Aberdeen as a welcoming and friendly international destination.

On a division, there voted:-

For the motion  (5)  -  Councillors Boulton, Delaney, Greig, Reynolds and Yuill.

For the amendment  (39)  -  Lord Provost; Depute Provost; and Councillors Allan, Allard, Alphonse, Bell, Cameron, Cooke, Copland, Cormie, Donnelly, Jackie Dunbar, Lesley Dunbar, Duncan, Flynn, Graham, Grant, Henrickson, Houghton, Hunt, Hutchison, Imrie, John, Laing, Lumsden, Macdonald, MacGregor, Avril MacKenzie, Catriona MacKenzie, McLellan, McRae, Malik, Nicoll, Noble, Samarai, Sellar, Sandy Stuart, Townson and Wheeler.

The Council  ...  view the full minutes text for item 24.

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

With reference to Article 15 of the minute of its meeting of 15 March 2017, the Council had before it a report by the Director of Education and Children’s Services which provided an update on progress regarding the review by the Trustees of Aberdeen International Youth Festival (AIYF) into the future governance arrangements of AIYF and the Trust.

The report recommended:-

that the Council -

(a)          note the content of the report prepared by the AIYF Artistic Director and Chief Executive Officer including the outline of a project plan appended;

(b)          request a detailed and comprehensive project and business plan by 29 September 2017 to include key objectives, strategic context for moving to a Scottish Charitable Incorporated Organisation (SCIO), market benefits, analysis of options, risks and opportunities, steps and detailed timeline for transitioning to SCIO, future funding and financial implications;

(c)          request a report on current festival activity, including participation targets by 29 September 2017, which would be used to assess the Council’s contribution to the 2018 festival, including Council resource allocation; and

(d)          note the intention of AIYF to use their existing reserves to fund an external consultant(s) to undertake the review.

The Council resolved:-

to approve the recommendations.

The Council had before it a report by the Chief Officer of Aberdeen City Health and Social Care Partnership which sought approval in principle to purchase Kingsmead Nursing Home, in order to ensure continuity of service and the quality of care.

The report recommended:-

that the Council -

(a)          agree in principle to purchase Kingsmead Nursing Home, subject to the Integration Joint Board agreeing to cover the capital financing costs and the running costs of the Nursing Home; and

(b)          note that further updates would be provided to the Finance, Policy and Resources Committee as the options identified in Appendix 1 progressed.

The Council resolved:-

to approve the recommendations.

The Council had before it a report by the Head of Legal and Democratic Services which presented the recommendations and minute from the Social Work Complaints Review Committee meeting of 21 February 2017.

The report recommended:-

that the Council approve the recommendations and the minute of the Social Work Complaints Review Committee meeting of 21 February 2017.

The Council resolved:-

to approve the recommendation.

The press and public were excluded from the meeting during consideration of the following item which contained confidential information in terms of Section 50A 3(b) of the Local Government (Scotland) Act 1973.

Confidential information in terms of Section 50A 3(b) of the Local Government (Scotland) Act 1973

The Council had before it the minute of meeting of the Appeals Committee of 19 April 2017.

The Council resolved:-

to approve the minute subject to the correction of Article 3 (page 578 of the document pack) to reflect that the Convener’s motion failed to attract a seconder, rather than the Convener’s amendment.

- BARNEY CROCKETT, Lord Provost.