Agenda, decisions and minutes

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

Aberdeen City Council

Local Government Election - 4 May 2017

I, Angela Scott, as Returning Officer for the Aberdeen City Council give notice that the successful candidates in this election are as follows:-

Dated at Aberdeen, this Seventeenth Day of May, Two Thousand and Seventeen.

Angela Scott

Returning Officer

The Returning Officer addressed the Council and sought nominations for the Office of Lord Provost.

Councillor Flynn proposed, seconded by Councillor Nicoll:-

            That Councillor Jackie Dunbar be elected Lord Provost of the City.

Councillor Lumsden further proposed, seconded by Councillor Boulton:-

            That Councillor Barney Crockett be elected Lord Provost of the City.

Councillors Jackie Dunbar and Crockett spoke in support of their respective candidacies.

There being two nominations, the Council voted as follows:-

For Councillor Jackie Dunbar  (21)  -  Councillors Allard, Alphonse, Cameron, Cooke, Copland, Cormie, Delaney, Jackie Dunbar, Flynn, Henrickson, Hutchison, MacGregor, Catriona MacKenzie, McLellan, McRae, Nicoll, Noble, Samarai, Sandy Stuart, Townson and Yuill.

For Councillor Barney Crockett  (23)  -  Councillors Allan, Bell, Boulton, Crockett, Donnelly, Lesley Dunbar, Duncan, Graham, Grant, Houghton, Hunt, Imrie, John, Laing, Lumsden, Macdonald, Avril MacKenzie, Malik, Mason, Reynolds, Sellar, Jennifer Stewart and Wheeler.

Declined to vote  (1)  -  Councillor Greig.

The Council therefore elected Councillor Barney Crockett to be Lord Provost of the City in terms of the relevant statutes. Councillor Barney Crockett having declared acceptance of the said Office, the Chief Executive duly invested him with the insignia of Office and delivered into his keeping the silver keys of the City.

The Chair was then vacated by the Returning Officer and taken by the Lord Provost.

- ANGELA SCOTT, Returning Officer

The Lord Provost stated that he fully appreciated the candidacy of Councillor Jackie Dunbar, and emphasised that nobody was more proud than he was having been elected Lord Provost this day.

The Council was requested to determine that the following items of business be considered as matters of urgency in terms of Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973:-

5.         Appointment of Members to Committees and Appointment of Conveners and Vice Conveners

6.         Appointment of Members to Sub Committees, Groups and Outside Bodies

14.       Council Business

The Council resolved:-

to accept items 5, 6 and 14 as matters of urgency in terms of Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973.

The Lord Provost sought nominations for the role of Depute Provost.

Councillor Flynn proposed, seconded by Councillor Jackie Dunbar:-

            That Councillor Cormie be appointed Depute Provost.

Councillor Laing further proposed, seconded by Councillor Boulton:-

            That Councillor Mason be appointed Depute Provost.

Councillors Cormie and Mason spoke in support of their respective candidacies.

There being two nominations, the Council voted as follows:-

For Councillor Cormie  (19)  -  Councillors Allard, Alphonse, Cameron, Cooke, Copland, Cormie, Jackie Dunbar, Flynn, Henrickson, Hutchison, MacGregor, Catriona MacKenzie, McLellan, McRae, Nicoll, Noble, Samarai, Sandy Stuart and Townson.

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

Declined to vote  (4)  -  Councillors Delaney, Greig, Jennifer Stewart and Yuill.

The Council resolved:-

to appoint Councillor Mason to the role of Depute Provost.

At this juncture, Councillor Jennifer Stewart addressed the Council and announced that she was resigning from the Liberal Democrats and would now be independent. Councillor Jennifer Stewart thereupon moved to the other side of the Chamber and sat with the members of the Independent Alliance Group, between the Conservative and Labour members.

At the invitation of the Lord Provost, the Senior Democratic Services Manager indicated that an adjournment would be required to recalculate the allocation of committee places within item 5 on the agenda to take account of Councillor Jennifer Stewart joining the Administration. The Lord Provost agreed to such an adjournment.

Upon recommencement of the meeting, the Senior Democratic Services Manager advised that a signed Coalition Agreement had been presented to him which stated that the Administration comprised the members of the Conservative, Labour and Independent Alliance Groups. Councillor Boulton confirmed that Councillor Jennifer Stewart was now a member of the Independent Alliance Group.

The Council resolved:-

to note the position.

The Lord Provost sought nominations for the positions of Council Leader and Depute Leader.

Councillor Boulton moved, seconded by Councillor Bell:-

That the Council appoint Councillors Laing and Lumsden as Co-Leaders.

Following a query by Councillor Flynn with regard to the above proposal, the meeting adjourned to enable the Head of Legal and Democratic Services to look into the matter.

Upon recommencement of the meeting, the Head of Legal and Democratic Services advised that he remained of the view that it was possible for the Council to appoint Co-Leaders within the terms of its Standing Orders, however there were some complicating factors, particularly with regard to financial aspects, and he therefore requested that the Council wait until further advice could be given before any decision be taken with regard to Co-Leaders.

Councillor Boulton therefore withdrew her aforementioned motion.

Councillor Boulton proposed, seconded by Councillor Lumsden:-

            That Councillor Laing be appointed Council Leader

Councillor Jackie Dunbar further proposed, seconded by Councillor Nicoll:-

            That Councillor Flynn be appointed Council Leader

Councillors Laing and Flynn spoke in support of their respective candidacies.

There being two nominations, the Council voted as follows:-

For Councillor Laing  (23)  -  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, Jennifer Stewart and Wheeler.

For Councillor Flynn  (19)  -  Councillors Allard, Alphonse, Cameron, Cooke, Copland, Cormie, Jackie Dunbar, Flynn, Henrickson, Hutchison, MacGregor, Catriona MacKenzie, McLellan, McRae, Nicoll, Noble, Samarai, Sandy Stuart and Townson.

Declined to vote  (3)  -  Councillors Delaney, Greig and Yuill.

The Council resolved:-

to appoint Councillor Laing as Council Leader.

Councillor Laing moved as a procedural motion, seconded by Councillor Houghton:-

            That the Council do not appoint a Depute Leader at this time.

On a division, there voted:-

For the procedural motion  (23)  -  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, Jennifer Stewart and Wheeler.

Against 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.

The Council further resolved:-

to adopt the procedural motion, and therefore make no appointment to the position of Depute Leader at this time.

In terms of Standing Order 29.7, Councillors Allard, Alphonse, Cameron, Cooke, Copland, Cormie, Jackie Dunbar, Flynn, Henrickson, Hutchison, MacGregor, Catriona MacKenzie, McLellan, McRae, Nicoll, Noble, Samarai, Sandy Stuart and Townson intimated their dissent against the foregoing decision.

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 as a number of decisions required to be taken at the meeting this day in accordance with the Council’s Standing Orders.

The Council had before it a report by the Head of Legal and Democratic Services which sought approval of the composition and membership of the Council’s committees, to appoint Conveners and Vice Conveners, to agree the payment of senior councillor allowances and to agree the appointment of external members to the Education and Children’s Services Committee.

The report recommended:-

that the Council -

(a)          agree the compositions of the committees listed in paragraph 3.1.1 on the basis of the allocations contained within Appendix 1;

(b)          appoint a Convener and Vice Convener to the committees listed in paragraph 3.1.1, as appropriate, on the basis of the information contained within paragraph 3.3.1;

(c)          appoint members to the committees listed in paragraph 3.1.1 on the basis of the agreed compositions;

(d)          nominate a Vice Chairperson for the Integration Joint Board;

(e)          appoint members to the Guildry and Mortification Funds Committee as set out in paragraph 3.2.4;

(f)           appoint members and substitutes to the Aberdeen City Region Deal Joint Committee as set out in paragraph 3.2.5;

(g)          appoint members to the Special Licensing Objections Committee as set out in paragraph 3.2.6;

(h)          agree the payment of senior councillor allowances in accordance with the guidance set out in paragraph 3.3.2;

(i)            agree the appointment of external members to the Education and Children’s Services Committee as set out in section 3.4; and

(j)            nominate one member and one substitute member to be appointed to the North East Scotland Pension Fund Pensions Board, on the basis of the information contained within section 3.5.

There was circulated a revised version of Appendix 1 as follows:-

Councillor Laing moved, seconded by Councillor Lumsden:-

That the Council approve recommendation (a) subject to the revised version of Appendix 1 above.

Councillor Flynn moved as an amendment, seconded by Councillor Jackie Dunbar:-

That the Council do not approve recommendation (a), and that a revised approach be taken in respect of the allocations contained within Appendix 1.

On a division, there voted:-

For the motion  (23)  -  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, Jennifer Stewart and Wheeler.

For the amendment  (18)  -  Councillors Allard, Alphonse, Cameron, Cooke, Copland, Cormie, Jackie Dunbar, Flynn, Henrickson, Hutchison, MacGregor, Catriona MacKenzie, McLellan, McRae, Nicoll, Noble,  ...  view the full minutes text for item 8.

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 members to be appointed to various bodies at the earliest opportunity.

The Council had before it a report by the Head of Legal and Democratic Services in connection with the appointment of members to sub committees and working groups, and which sought the appointment of members to a small number of outside bodies pending the outcome of a wider review.

The report recommended:-

that the Council -

(a)          approve the compositions for the sub committees and working groups listed in Appendix 1;

(b)          note that the membership of the sub committees and working groups listed in Appendix 1 would be appointed by the relevant committees;

(c)          appoint members to the outside bodies listed in Appendix 2, noting that those outside bodies were due to hold meetings prior to 30 June 2017; and

(d)          delegate authority to the Head of Legal and Democratic Services following consultation with the Group Leaders, to approve and determine the appointment, or nomination, as the case may be, of an elected member or elected members to any outside bodies where elected member participation was urgently required prior to the Council meeting on 21 June 2017. Once agreed, these appointments or nominations, as the case may be, shall be reported to the next full Council meeting.

The Council resolved:-

(i)           to approve the compositions for the sub committees and working groups listed in Appendix 1 on the basis of:-

(ii)          to note that the membership of the sub committees and working groups listed in Appendix 1 would be appointed by the relevant committees;

(iii)         to appoint the following members to the outside bodies listed in Appendix 2:-

(iv)         to delegate authority to the Head of Legal and Democratic Services following consultation with Group Leaders, to approve and determine the appointment or nomination, as the case may be, of an elected member, or elected members to any outside bodies where elected member participation was urgently required prior to the Council meeting on 21 June 2017, including the remaining outside bodies contained within Appendix 2. Once agreed, these appointments or nominations, as the case may be, shall be reported to the next Council meeting.

The Council had before it a report by the Head of Legal and Democratic Services which advised of the Council’s statutory duty to establish the Aberdeen City Licensing Board and to elect the appropriate number of members to the Board.

The report recommended:-

that the Council -

(a)          determine the number of members to be elected to the Licensing Board; and

(b)          elect members to the Licensing Board.

The Council resolved:-

(i)           to agree that the Licensing Board comprise nine members, on the basis of 5 members of the Administration and 4 members of the Opposition; and

(ii)          to note that the names of the members would be provided in due course.

The Council had before it a report by the Head of Legal and Democratic Services which sought approval of the process for the appointment of a pool of Councillors and external members from which individuals would be drawn to form the membership of the School Placings and Exclusions Appeal Committee as required by Section 28D(1) of the Education (Scotland) Act 1980 as amended.

The report recommended:-

that the Council -

(a)          appoint all elected members on the Education and Children’s Services Committee, plus two members per political group and up to two Independent members to the School Placings and Exclusions Appeal Committee;

(b)          delegate authority to the Senior Democratic Services Manager to (i) reappoint all existing external members set out in Appendix A to the report; and (ii) appoint individuals who fall into the following categories, subject to a training session being attended and a clear PVG check being returned:

1.     parents of children of school age;

2.     people who in the opinion of the authority have experience in education; or

3.     people who in the opinion of the authority are acquainted with the educational conditions in the area of the authority;

(c)          agree that former members of former School Boards/Parent Councils; former teachers; and members of the Council who have demitted office meet the criteria as set out in the Education (Scotland) Act 1980 for external members of the School Placings and Exclusions Appeal Committee and may be appointed by the Senior Democratic Services Manager accordingly; and

(d)          appoint the Senior Democratic Services Manager, or his/her nominee, as the Clerk to the School Placings and Exclusions Appeal Committee.

The Council resolved:-

to approve the recommendations subject to (a) being amended to reflect that up to two members per political group, and up to two Independent members, be appointed to the School Placings and Exclusions Appeal Committee, in addition to all elected members on the Education and Children’s Services Committee.

The Council had before it a report by the Head of Legal and Democratic Services which sought approval to appoint all Councillors to form the membership of the Local Review Body.

The report recommended:-

that the Council -

(a)          appoint all Councillors to be members of the statutory Local Review Body pool; and

(b)          note that all Councillors would be provided with the appropriate training.

The Council resolved:-

to approve the recommendations.

The Council had before it a report by the Head of Legal and Democratic Services which advised of the Council’s statutory duty to re-establish the Aberdeen City Local Licensing Forum and to present a list of persons nominated to serve on the Forum for the duration of the next Council term.

The report recommended:-

that the Council -

(a)          agree to re-establish the Local Licensing Forum as per its statutory duty and re-appoint the nominated members listed in Appendix A to the report as per item 5(4) of the Forum’s constitution as at Appendix B to the report; and

(b)          determine whether it wishes to appoint representatives to the Forum and, if so, to make such appointments.

The Council resolved:-

(i)           to approve recommendation (a); and

(ii)          to not appoint any Council representatives to the Forum.

The Council had before it a report by the Head of Legal and Democratic Services which requested that consideration be given to appointing Baillies to assist the Lord Provost in the performance of his duties.

The report recommended:-

that the Council -

(a)          determine whether or not the office of Baillies should continue;

If the Council determine that the office of Baillies should continue, it is further recommended that the Council -

(b)          appoint such number of Baillies as it deems appropriate;

(c)          note the decision of Council of 16 May 2012, whereby it was agreed that any serving former Lord Provost would automatically become a Baillie;

(d)          agree that the allocation of robes and chains be at the discretion of the Lord Provost;

(e)          agree that the Baillies will receive no remuneration; and

(f)           note that those undertaking civic duties on behalf of the Lord Provost are entitled to claim reimbursement from the Council’s Civic Head Allowance.

The Council resolved:-

(i)           to agree that the office of Baillies should continue;

(ii)          to appoint Councillors Cormie, Delaney, Donnelly, Malik and Jennifer Stewart as Baillies;

(iii)         to note that Councillor Reynolds would automatically become a Baillie as a serving former Lord Provost; and

(iv)         to approve recommendations (d), (e) and (f).

The Council had before it a report by the Head of Legal and Democratic Services which provided information on historical offices of the Council and sought appointments to those offices.

The report recommended:-

that the Council appoint members to the following historical offices:-

(1)          Master of Shore Works;

(2)          Master of Kirk and Bridge Works;

(3)          Master of Mortifications; and

(4)          Master of the Guild Brethren’s Hospital

The Council resolved:-

(i)           to appoint Councillor Allan as Master of Shore Works;

(ii)          to appoint Councillor Greig as Master of Kirk and Bridge Works;

(iii)         to appoint Councillor Reynolds as Master of Mortifications; and

(iv)         to appoint Councillor Donnelly as Master of the Guild Brethren’s Hospital.

The Council had before it a report by the Chief Executive which sought a decision as to whether the Council should re-join COSLA.

The report recommended:-

that the Council -

(a)          agree whether or not to re-join COSLA, and should the decision be to re-join:-

(b)          agree the five members to take the Council’s places on the Convention;

(c)          agree whether or not the Council’s Convention members should nominate any member(s) of the Council for the positions of President or Vice President of COSLA; and

(d)          agree a Council nominee for each of the four COSLA Boards.

Councillor Laing moved, seconded by Councillor Donnelly:-

            That the Council -

(1)      instruct the Chief Executive to confirm whether or not COSLA would be requiring a payment for the two years in which Aberdeen City Council was not a member;

(2)      instruct the Chief Executive to write to the Chief Executive and President of COSLA inviting them to a meeting with the Group Leaders; and

(3)      agree to receive a report at its August 2017 meeting to consider COSLA membership in light of the outcomes of (1) and (2) above.

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

            That the Council -

(1)      instruct the Chief Executive to confirm whether or not COSLA would be requiring a payment for the two years in which Aberdeen City Council was not a member; and

(2)      agree to re-join COSLA with immediate effect.

On a division, there voted:-

For the motion  (23)  -  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, Jennifer Stewart and Wheeler.

For the amendment  (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.

The Council resolved:-

to adopt the motion.

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 as the matter was time critical and the Council meeting was the only decision making forum available.

The Council had before it a report by the Chief Executive which addressed two matters relating to Council business in future weeks.

The report recommended:-

that the Council -

(a)          note that the Chief Executive would bring to its meeting on 21 June 2017 a report on her use of emergency powers in relation to Kingsmead Nursing Home; and

(b)          agree that the Head of Legal and Democratic Services be authorised to change the dates of the forthcoming meetings of the Housing Cases Review Sub Committee, the Petitions Committee and the Finance, Policy and Resources Committee in order to clear the Council diary for 7 and 8 June 2017.

The Council resolved:-

to approve the recommendations.

- BARNEY CROCKETT, Lord Provost.