Agenda and minutes

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:-

10(a)   Questions from Councillor Leslie on Oakbank School

10(b)   50m Pool Progress Report - Report by Director of Enterprise, Planning and Infrastructure

10(c)   Security Services in Mainstream Multi Storey Blocks - Report by Director of Housing and Environment

10(d)   Review of Governance and Operational Procedures - AECC - Internal Audit Report

10(e) Future Funding and Development of AECC - Report by Director of Enterprise Planning and Infrastructure

10(f)    Bon Accord Indoor Bowling Centre - Report by Director of Enterprise, Planning and Infrastructure

10(g)   Business Plan - Workforce Reduction and Options - Report by Director of Corporate Governance

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

            That the Council consider item 10(a) in public.

On a division, there voted:-

For the procedural motion  (15)  -  Councillors Adam, Allan, Boulton, Cassie, Collie, Cooney, Crockett, Donnelly, Farquharson, Graham, Hunter, Ironside, Laing, Milne and Young.

Against the procedural motion  (17)  -  Lord Provost Peter Stephen; and Councillors Clark, Cormack, Cormie, Dean, Fletcher, Greig, Jaffrey, Leslie, Malone, Noble, Reynolds, Robertson, Jennifer Stewart, John Stewart, Wendy Stuart and Yuill.

Declined to vote  (11)  -  Depute Provost Dunbar; and Councillors Corall, Kiddie, McCaig, McDonald, May, Penny, Kevin Stewart, John West, Kirsty West and Wisely. 

The Council resolved:-

(i)                 to reject the procedural motion; and

(ii)               in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973, to exclude the press and public from the meeting during consideration of the aforementioned item of business (Article 26 of this minute refers) so as to avoid disclosure of exempt information of the class described in paragraph 6 of Schedule 7(A) of the Act.

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

            That the Council consider item 10(b) in public.

On a division, there voted:-

For the procedural motion  (14)  -  Councillors Adam, Allan, Boulton, Cassie, Collie, Cooney, Crockett, Farquharson, Graham, Hunter, Ironside, Laing, Milne and Young.

Against the procedural motion  (26)  -  Depute Provost Dunbar; and Councillors Clark, Corall, Cormack, Cormie, Dean, Donnelly, Greig, Jaffrey, Kiddie, Leslie, McCaig, McDonald, Malone, May, Noble, Penny, Reynolds, Robertson, Jennifer Stewart, Kevin Stewart, Wendy Stuart, John West, Kirsty West, Wisely and Yuill.

Declined to vote  (3)  -  Lord Provost Peter Stephen; and Councillors Fletcher and John Stewart.

The Council resolved:-

(i)                 to reject the procedural motion; and

(ii)               in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973, to exclude the press and public from the meeting during consideration of the aforementioned item of business (Article 27 of this minute refers) so as to avoid disclosure of exempt information of the classes described in paragraphs 6 and 8 of Schedule 7(A) of the Act.

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

            That the Council consider item 10(d)  ...  view the full minutes text for item 1.

The Lord Provost advised that the above-mentioned item of business had been withdrawn from the agenda.

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:-

Sue Bruce, Chief Executive, Aberdeen

Lavinia Carr, Director, Aberdeen

Vincent D’Agostino, Programme Director, Aberdeen

Jeanette Forbes, Company Director, Aberdeen

Dr Stefan Geider, General Practitioner, Aberdeen

Professor Steven Heys, Professor of Surgery, Aberdeen

The persons undermentioned were admitted into the presence of the Council and passed as Burgesses of the Burgh of Aberdeen of their own craft only:-

            Richard Sainsbury, Tailor, Aberdeen

            Philip Sainsbury, Tailor, Aberdeen

            Daniel Smith, Baker, Aberdeen

(A)       The Lord Provost advised that the Scottish National Karate Federation had competed at the Karate World Championships in Venice during October. A squad of fifteen youngsters from Aberdeen had competed, under the guidance of local coach Ronnie Watt, winning seven medals in total out of a field of over 12,000 competitors. The Lord Provost extended his congratulations to the local participants, and their coach, for their achievements.

(B)       The Lord Provost highlighted that this was Sue Bruce’s last meeting as Chief Executive of the Council, before she took up the same position at City of Edinburgh Council, and presented her with a small gift on behalf of the city. The Lord Provost paid tribute to the work the Chief Executive had undertaken during her two years in Aberdeen and listed her many achievements whilst in the role. The Lord Provost thanked the Chief Executive for the support she had given him in his role over the past two years.

The Lord Provost’s words were echoed by Councillors John Stewart, Kevin Stewart, Crockett, Milne, Donnelly, Boulton and Cassie, who each paid their own personal tributes, and agreed that Aberdeen’s loss was certainly Edinburgh’s gain.

The Chief Executive responded that her post at Aberdeen City Council had been an outstanding opportunity and one which she had relished during her time here; emphasised that Aberdeen was a great city with a strong economy and that the foundations had been laid for both the city and the Council to flourish in the years ahead; and concluded by thanking all elected members, staff and partners for the support they had given her over the past two years.

The Council resolved:-

to concur with the remarks of the Lord Provost and the various members.

(ii)               Hilari Hastings, Additional Support Needs Forum - in relation to item 7(g)

(iii)             Bon Accord Indoor Bowling Club - in relation to item 10(f)

The Council had before it the following requests for deputations:-

(1)               Unison, GMB and Unite trade unions, in relation to the report on the Business Plan - Workforce Reduction and Options (as detailed at Article 32 of this minute);

(2)               Hilari Hastings, Additional Support Needs Forum, in relation to the report on the Business Plan 2011/12 to 2015/16 (as detailed at Article 19 of this minute); and

(3)               Bon Accord Indoor Bowling Club, in relation to the report on the Bowling Club (as detailed at Article 28 of this minute).

In regard to the requests relating to the reports on the Business Plan, the Acting Senior Democratic Services Manager reiterated the advice that had been given at the Finance and Resources Committee of 2^nd December 2010, that the reports were part of the budget process, and therefore in terms of Standing Order 10(1), the requests were incompetent - if the Council was minded to accept them, Standing Order 10(1) would require to be suspended.

The Lord Provost advised that he was minded to refuse the requests relating to the Business Plan, and to accept the request from Bon Accord Indoor Bowling Club.

At this juncture, Councillor Young disputed the advice that had been provided by officers, and suggested that as the meeting was not a budget meeting of Council, called in accordance with Standing Order 4 (i.e. for consideration of the annual budget), that the requests for deputations in relation to the Business Plan were competent. The Acting Senior Democratic Services Manager advised that Standing Order 10(1) stated ‘that no application in respect of a request for deputation shall be accepted which relates to the annual budget’, and reiterated that this Standing Order did not make reference to the annual budget meeting of Council but merely to the ‘annual budget’, and therefore in his view, the requests were incompetent in view of the earlier advice that the Business Plan was part of the budget process. The final decision, however, was for members to take.

Councillor Young did not accept this advice, and further, did not accept that Standing Orders required to be suspended in order for the requests to be considered. The Lord Provost concluded the discussion.

The Council resolved:-

(i)                 to refuse the requests for deputations from (1) Unison, GMB and Unite trade unions; and (2) Hilari Hastings, Additional Support Needs Forum, in relation to the Business Plan; and

(ii)               to accept the request from Bon Accord Indoor Bowling Club and to bring that item forward to the start of the private business.

The Council had before it the minute of meeting of Aberdeen City Council of 6^th October 2010.

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

That page 428 of the minute be amended to reflect that the entire Labour Group left the meeting prior to consideration of the motion within Article 18.

On a division, there voted:-

For the procedural motion  (11)  -  Councillors Adam, Allan, Cassie, Collie, Cooney, Crockett, Graham, Hunter, Ironside, Laing and Young.

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

Declined to vote  (5)  -  Lord Provost Peter Stephen; and Councillors Boulton, Donnelly, Farquharson and Milne.

The Council resolved:-

to reject the procedural motion and thereby approve the minute.

The Council had before it the minute of special meeting of Aberdeen City Council of 6^th October 2010.

The Council resolved:-

to approve the minute subject to the addition of Councillor Kiddie to the sederunt.

The Council had before it the minute of special meeting of Aberdeen City Council of 2^nd November 2010.

The Council resolved:-

to approve the minute.

The Council had before it a pamphlet of standing committee minutes from 7^th September to 25^th November 2010.

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:-

to note the statement.

The Council had before it the minute of meeting of the Appointment Panel of 18^th November 2010.

The Council resolved:-

to approve the minute.

The Council had before it the minute of meeting of the Guildry and Mortification Funds Sub Committee of 8^th December 2010.

The Council resolved:-

to approve the minute.

The Council heard an oral report by the Chief Executive providing an update on the actions taken by the Leadership Board to address the findings and recommendations of the Accounts Commission for Scotland on Aberdeen City Council: Reports by the Controller of Audit on the Audit of Best Value and Community Planning and on the Property Sales Investigation.

The Council resolved:-

(i)                 to note that a report would be submitted to Council on 29^th June 2011 on the Council’s progress since the publication of the Accounts Commission’s follow up report in July 2009; and

(ii)               to note that the Leadership Board would now be stood down, and that Group Leaders would meet once per committee cycle instead to review forthcoming Council business and any other matters of significance.

With reference to Article 12 of the minute of its meeting of 6^th October 2010, the Council had before it a report by the Chief Executive which sought final approval for the list of polling districts and polling places following the conclusion of the public consultation.

The report reminded members that the Council, on 6^th October 2010, had agreed the recommended changes to polling districts and polling places subject to public consultation. The public consultation exercise had ended on 24^th November and only one comment had been received. As a result of this representation, and following consultation with the local members, there was one further recommendation for changes to polling places to be added to those detailed in the report approved on 6^th October 2010.

The report appended the final list of recommended polling districts and polling places.

The report recommended:-

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

The Council resolved:-

to approve the recommendation.

• Councillor McCaig proposed as Convener of Education, Culture and Sport Committee following the resignation of Councillor May

• Councillor John West proposed as Vice Convener of Enterprise, Planning and Infrastructure Committee, and Vice Convener of Development Management Sub Committee, in place of Councillor McCaig

• Councillor Noble proposed as Vice Convener of Corporate Policy and Performance Committee in place of Councillor John West

The Council was requested to approve the appointment of the below-mentioned Conveners and Vice Conveners.

• Councillor McCaig as Convener of the Education, Culture and Sport Committee following the resignation of Councillor May
• Councillor John West as Vice Convener of the Enterprise, Planning and Infrastructure Committee, and Vice Convener of the Development Management Sub Committee, in place of Councillor McCaig
• Councillor Noble as Vice Convener of the Corporate Policy and Performance Committee in place of Councillor John West

The Council resolved:-

(i)                 to suspend Standing Order 2(1) in those cases where there was no vacancy; and

(ii)               to approve the appointments.

The Council was requested to approve the appointment of Councillor Collie to the Licensing Board following the resignation of Councillor Young.

The Council resolved:-

(i)                 to approve the appointment of Councillor Collie to the Licensing Board; and

(ii)               to thank Councillor Young for his service on the Licensing Board.

 DECLARATIONS OF INTERESTS

Councillors Fletcher, John West and Young declared interests in the following item of business by virtue of their position as Directors of the Board of Sport Aberdeen but did not consider it necessary to leave the meeting.

The Council was requested to approve the appointment of the below-mentioned preferred candidates to the Board of Sport Aberdeen.

• Mr Fred Dalgarno
• Mr Colin Taylor
• Mr Charles Henderson
• Mr Raymond Kelly
• Mr Paul McDougall
• Ms Andrea McDougall

The Director of Education, Culture and Sport summarised the process the candidates had gone through, which had culminated in an interview in October 2010, and provided background information on each candidate and their relevant experience.

The Council resolved:-

to approve the appointments.

(i)                 Decision of Audit and Risk Committee of 23^rd November 2010

(ii)               Report to those charged with Governance on the Audit of Aberdeen City Council 2009/10 - Report by Henderson Loggie

(iii)             Report to Members and the Controller of Audit 2009/10 - Report by Henderson Loggie

(iv)              Audited Annual Accounts 2009/10 (circulated under separate cover)

With reference to Article 5 of the minute of meeting of the Audit and Risk Committee of 23^rd November 2010, the Council had before it (1) the audited annual accounts for Aberdeen City Council for the period 1^st April 2009 to 31^st March 2010; (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 2009/10.

The Council resolved:-

(i)                 to approve the audited accounts for Aberdeen City Council for the period 1^st April 2009 to 31^st March 2010;

(ii)               to thank the relevant officers, members and the external auditor for their input in relation to the audited annual accounts; and

(iii)             otherwise to note the reports.

With reference to Article 14 of the minute of meeting of the Finance and Resources Committee of 2^nd December 2010, the Council had before it, by way of remit, a report by the Director of Corporate Governance which outlined proposals for a Five Year Business Plan for the Council, for the period 2011/12 to 2015/16.

The report advised that this was a break from the traditional annual approach usually adopted in budget setting but it was considered that this approach had allowed officers the opportunity to think radically about how to deliver key services from a reduced cost base. The report highlighted a total of £150million of potential savings, with £48million of these having a risk to the Council should they be implemented. The options were presented by Service and in terms of the following categories (1) transformation options; (2) efficiency options; (3) stop/reduce options; where an option was given a number, this referred to its Council-wide priority as determined by the Corporate Management Team.

The report recommended:-

that the Finance and Resources Committee -

(a)              consider the content of the report;

(b)              make recommendation to the meeting of Council of 15^th December 2010 in relation to the Business Plan, and specifically the transformation, efficiency and stop/reduce options outlined therein to achieve a balanced budget, taking account of any feedback from consultation; and

(c)               provide guidance to Directors on further changes or service options to be explored over the coming weeks.

The Finance and Resources Committee had resolved:-

to recommend to Council that the following options, as set out below, contained within the Five Year Business Plan be progressed together with the following exceptions (1) to permit the Chief Executive to decide on management structure savings; (2) to review the alignment of Committees to the statutory minimum in 2012; (3) to reduce by 5% the remuneration for Senior Councillors, the Council Leader and the Lord Provost above the basic rate; and (4) to reduce the Fairer Scotland Fund by £750,000 not £1million and hold a community summit.

SOCIAL CARE AND WELLBEING:  TRANSFORMATION OPTIONS

It is recommended that the following options be taken:-

With reference to Article 19 of the minute of meeting of the Finance and Resources Committee of 2^nd December 2010, the Committee had before it, by way of remit, a report by the Director of Corporate Governance which provided an update on Treasury Management activities that had been undertaken in the year to date, and advised of the challenges going forward. In particular the report advised on (1) long term borrowing (including information on changes made to the Public Works Loans Board); (2) short term borrowing; and (3) investments.

The report appended the revised counterparty list.

The Finance and Resources Committee had resolved:-

(i)                 to note the Treasury Management activities undertaken in 2010/11;

(ii)               to refer the report to the meeting of Council of 15^th December 2010 for its consideration; and

(iii)             to recommend to Council that it approves the revised counterparty list (as appended to the report).

The Council resolved:-

(i)                 to approve the revised counterparty list; and

(ii)               otherwise to note 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 questioners had indicated they were unhappy with the responses.

Councillor Farquharson

QUESTIONS -

To the Leader of the Council

(1)               “How can you justify the actions of yourself and other Administration Councillors in intervening in the selection process for Council internal and external positions specifically designated for Opposition Councillors? Do you not accept that these appointments should be made by Opposition votes alone or by drawing lots in the event of a tied vote?”

(2)               “Do you not agree that the Administration intervention is a serious breach of democracy and on a personal level is misuse of authority and power?”

ANSWERS (by Councillor John Stewart) -

(1)       As has been made clear to me by the Labour Group secretary, external appointments are not party appointments, but Council appointments.  Therefore, those appointments should be made by the whole Council.  In the recent case of the Aberdeen Exhibition and Conference Centre (AECC) Board, there were two places reserved for opposition councillors, and the split between the opposition councillors was not specified in the Labour amendment tabled.  Two named opposition councillors were properly proposed and seconded.  Only when realising the inadequacy of the amendment did the Labour group then propose an un-named Labour representative, necessitating a vote.  Since these appointments are Council appointments, I feel I have a responsibility to ensure that the individuals that the Council puts forward to our external partners are the best appropriate members.  In the case of the AECC appointment, I could not judge the character of an un-named member and therefore supported the two named nominations.  If the opposition groups on the Council cannot phrase amendments to properly reflect their intent, or cannot work together to reach agreement on their nominees, that is not the fault of the administration.  I am sure that staff in Legal and Democratic Services are more than willing to offer advice to all councillors to ensure amendments are not only competent, but that they actually and accurately reflect the intent of the mover, thereby removing the need for officers and other members to try and interpret intent by mind-reading, osmosis or other mystic means.

For internal appointments, where the opposition cannot agree their nominees, for instance in the case of the Appointment Panel (there being one Aberdeen Conservative nominee and one Independent nominee for one Conservative/Aberdeen Conservative place), and where it was imperative to reach a conclusion quickly otherwise an opposition place would have been effectively removed from the Panel, it was quite proper that the Urgent Business Committee took that decision to allow a full complement of members to participate in the extremely important process for appointing a new chief executive.  It is not the fault of the administration that the two Conservative groups could not reach agreement on a nominee.

(2)       No, I do not agree. What was unacceptable  ...  view the full minutes text for item 21.

“This Council congratulates Prince William and Kate Middleton on their Royal engagement and asks the Council to celebrate this joyous event in an appropriate fashion.”

Councillor Young, pursuant to notice, moved:-

“This Council congratulates Prince William and Kate Middleton on their royal engagement and asks the Council to celebrate this joyous event in an appropriate fashion.”

The Council resolved:-

to approve the motion and refer the matter to the Finance and Resources Committee with reference to the celebration of the occasion.

“Aberdeen Conservatives Group on Aberdeen City Council congratulate Prince William and Kate Middleton on their engagement and wish them all the happiness for the future.”

Councillor Donnelly, pursuant to notice, moved:-

“Aberdeen Conservatives Group on Aberdeen City Council congratulate Prince William and Kate Middleton on their engagement and wish them all the happiness for the future.”

The Council resolved:-

to adopt the motion following its amendment to read:-

“Aberdeen City Council congratulates Prince William and Kate Middleton on their engagement and wishes them all the happiness for the future.”

“That it be remitted to the Enterprise, Planning and Infrastructure Committee to investigate putting in place traffic calming measures on a blind bend on Jesmond Avenue, Bridge of Don.”

Councillor Leslie, pursuant to notice, moved:-

“That it be remitted to the Enterprise, Planning and Infrastructure Committee to investigate putting in place traffic calming measures on a blind bend on Jesmond Avenue, Bridge of Don.”

The Council resolved:-

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

“That this Council investigates the need for a pedestrian crossing to be situated at Scotstown Road directly across from Scotstown School to enable children of all ages and other member of the Bridge of Don community to safely cross what is now becoming an extremely busy road.”

Councillor Young, pursuant to notice, moved:-

“That this Council investigates the need for a pedestrian crossing to be situated at Scotstown Road directly across from Scotstown School to enable children of all ages and other members of the Bridge of Don community to safely cross what is now becoming an extremely busy road.”

The Council resolved:-

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

To the Chief Executive

(1)               How much is there still owed to the Council by Oakbank School in relation to the loan?

(2)               When was the last payment made to the Council by Oakbank?

Councillor Leslie has requested that the above questions be placed on the agenda, in terms of Standing Order 20(2)(i), as he requires a more detailed response and would like the opportunity to ask a supplementary question in terms of Standing Order 20(5).

In accordance with the decisions recorded under Article 1 of this minute, the following items of business were considered with the press and public excluded.

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 Councillor Leslie had indicated he was unhappy with the responses.

Councillor Leslie

QUESTIONS -

To the Chief Executive

(1)               “How much is there still owed to the Council by Oakbank School in relation to the loan?”

(2)               “When was the last payment made to the Council by Oakbank?”

ANSWERS (by the Chief Executive) -

(1)               £103,764 remained outstanding.

(2)               This was for £10,000 and was received on 19^th October 1997.

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

The Council resolved:-

to note the details.

DECLARATIONS OF INTERESTS

Councillor Collie declared an interest in the following item of business as a Director of Aberdeen Sports Village and left the meeting. Councillor Fletcher declared an interest as a Director of Aberdeen Sports Village and also as Chairperson of the 50M Pool Working Group, and stated that he intended to remain in the meeting but would not vote in the event of a division.

Councillor John Stewart declared an interest by virtue of his appointment as a representative of the Council on the University of Aberdeen University Court but did not consider it necessary to leave the meeting.

With reference to Article 19 of the minute of its meeting of 16^th December 2009, the Council had before it a report by the Director of Enterprise, Planning and Infrastructure which provided an analysis of the estimated cost for both the eight lane and ten lane options for the main pool tank, and details of the outcome of the EU Pre-Qualification Evaluation which had been undertaken to select the principal contractors invited to tender for the construction of the complex.

The report highlighted the key elements of the project and highlighted that the revised ‘Scheme Design’ report had been approved by the Project Team in July 2010. Work was at an advanced stage in respect of the detailed design and production drawing information. Tender documents had been issued on 3^rd December with a return date of February 2011. The design was continuing to proceed on a twin track basis, with both the eight lane and ten lane options being tendered. It was anticipated that the tender results would be reported to Council in April 2011.

The report summarised the financial implications, setting out the current estimated development costs for both the eight lane and ten lane options as at November 2010. No allowance had been included for VAT, however it was anticipated that VAT incurred on the construction costs and professional fees could be recovered and retained.

The report went on to detail the five contractors that had been selected to tender for the project following a detailed evaluation exercise having been carried out in accordance with EU procurement procedures.

Lastly, the report discussed ground investigations - the ground investigation survey of the site, which had been completed in January 2010, had highlighted an area of contamination which required further investigation. It was proposed that Raeburn Drilling, which had carried out the Stage 1 survey work, carry out the Stage 2 survey work at an estimated cost of £50,000. The report emphasised that the second ground investigation survey was required to issue to the five tenderers in order to comply with a condition of the planning permission for the site.

The report recommended:-

that the Council -

(a)              note the content of the report; and

(b)              agree that Raeburn Drilling be appointed to carry out the Stage 2 ground investigation survey at an estimated cost of £50,000.

The Council resolved:-

(i)                 to approve the recommendations; and  ...  view the full minutes text for item 27.

Addendum to the original report

DECLARATION OF INTEREST

Councillor Leslie declared an interest in the following item of business by virtue of his position as Chairperson of Aberdeen Shopmobility and left the meeting prior to its consideration.

With reference to Article 31 of the minute of meeting of the Finance and Resources Committee of 2^nd December 2010, the Council had before it, by way of remit, (1) a report by the Director of Enterprise, Planning and Infrastructure which described the present sub-lease of the Bon Accord Indoor Bowling Centre by the Bon Accord 2000 Indoor Bowling Club, and advised that the Bowling Club had requested that the Council grant them a new lease, on revised terms and conditions, as outlined within the report; (2) the decision of the Finance and Resources Committee (a) to refer the report to the Council for consideration; and (b) to instruct officers to provide further information and clarity on the points raised during discussion by the Committee, particularly on the cost of each option for the Council; and (3) the further information that had been requested by the Finance and Resources Committee.

The report recommended:-

that the Finance and Resources Committee -

(a)              refuse the Club’s request to be granted a new five year sub-lease from 1^st May 2011;

(b)              recover possession of the property on 30^th April 2011 and take appropriate action to recover any monies due to the Council, in terms of the present sub-lease provisions;

(c)               authorise the Head of Asset Management and Operations to investigate appropriate alternative uses for the property and report to an appropriate meeting of the Committee before the summer recess in 2011; and

(d)              authorise the Head of Communities, Culture and Sport to offer the assistance of her staff to facilitate dialogue between the Bon Accord Indoor Bowling Club and the Aberdeen Indoor Bowling Centre at Summerhill on a more sustainable future for indoor bowling in Aberdeen.

In terms of Standing Order 10(2), the Council received a deputation from Mr Cameron Millar of Bon Accord Indoor Bowling Club. Mr Millar referred to the additional paper that had been prepared following the Finance and Resources Committee meeting, which stated that the Club’s request to move to a 60/40 cost share would detrimentally impact on Council budgets, and emphasised that not renewing the lease would have an even greater impact on the Council’s budget.

Mr Millar went on to discuss (a) the replacement of the mat at the Club and the issues contained therein; (b) gas, electricity and service charges - underlining that the Club had a good track record of settling invoices on time; (c) the Club’s Business Plan and its aim of increasing membership; (d) bar income and projections; and (e) the likely effect on the Council’s 5 Year Business Plan if the building was to be mothballed.

Mr Millar concluded that the Club’s financial projections for the next five years were conservative in nature and very achievable - based on a 60/40 cost share, the Club would  ...  view the full minutes text for item 28.

DECLARATIONS OF INTERESTS

Councillors Crockett, Dean, Fletcher, Malone, Milne, Reynolds, Jennifer Stewart and Kirsty West declared interests in the following two items of business as members, or former members, of the Board of Aberdeen Exhibition and Conference Centre and left the meeting prior to the Council’s deliberations.

With reference to Article 2 of the minute of meeting of the Audit and Risk Committee of 23^rd November 2010, the Council had before it an internal audit report by PriceWaterhouseCoopers which reviewed the governance and operational procedures within Aberdeen Exhibition and Conference Centre (AECC).

The report looked at four key areas (1) overall governance; (2) hotel project governance; (3) authorisation, monitoring and procurement of costs; and (4) financial operating procedures.

The report presented a number of recommendations in each area, highlighting the risks relating to each recommendation and providing the management response, the responsible member of staff, or Council officer, and the deadline for implementation.

The Council resolved:-

(i)                 to note the report and refer the matter to the Audit and Risk Committee of 29^th March 2011, to follow up on the progress of the recommendations; and

(ii)               to note that the Enterprise, Planning and Infrastructure Committee would receive a written report each cycle on AECC until further notice.

Prior to considering the following item of business, the Council agreed that those members who had declared interests in relation to the AECC prior to the previous item of business could be invited to return for the following item should they wish to. Accordingly, Councillor Dean rejoined the meeting prior to its consideration and Councillor Reynolds rejoined the meeting during the course of its consideration.

With reference to Article 32 of the minute of meeting of the Finance and Resources Committee of 2^nd December 2010, which had been referred to it for consideration by five members of that Committee, the Council had before it (1) a report by the Director of Enterprise, Planning and Infrastructure which summarised progress on the future funding and development of the AECC; and (2) the decision of the Finance and Resources Committee, to approve the recommendations contained within the report which had originally been supported by the Enterprise, Planning and Infrastructure Committee on 9^th November 2010 (Article 27 of the minute of that meeting refers).

The report recommended:-

that the Enterprise, Planning and Infrastructure Committee -

(a)       note the recent decision of the Finance and Resources Committee (Article 40 of the minute of meeting of 28^th September 2010 refers) to invest £1.068 million, as part of the Council’s capital programme (£368,000 from this year’s budget and £700,000 from next year’s budget), in new hard standing to accommodate the erection of temporary expansion facilities for future Offshore Europe exhibitions (subject to planning approval being received) and to instruct officers to report back on progress until completed;

(b)       note the current AECC trading situation which was summarised in Appendix 1 to the report;

(c)        comment on the proposals outlined below and to refer to the Finance and Resources Committee for consideration the proposals that the Council negotiate, with AECC Ltd:-

(a)       the reversion of all existing leases relating to land currently leased to AECC, and the transfer of ownership of all AECC owned buildings and assets, from AECC to the Council;

(b)       an agreed “buyout” fee (based on the market value of the leases), which would immediately be used to repay an equal amount of AECC’s current outstanding debt to the Council;

(c)        a contract, of sufficient value to enable AECC Ltd to manage, operate and develop the business of the AECC, subject to suitable performance targets being met; and

(d)       a full repair and maintenance lease over the buildings and assets currently owned by AECC to run concurrently with the management and operating contract above;

(d)       instruct officers to prepare and submit a report to both the Enterprise, Planning and Infrastructure Committee and the Finance and Resources Committee outlining the options and terms for reverting all existing leases relating to land currently leased to AECC, and transferring ownership of all currently owned buildings and assets, from AECC Ltd to the Council;

(e)       instruct officers to undertake a procurement exercise, using the appropriate process, to identify suitable development and investment partners interested in  ...  view the full minutes text for item 30.

The Council had before it a report by the Director of Housing and Environment which provided an update on the provision of security services and sought approval to carry out a new tendering exercise.

The report reminded members of the previous tendering exercise that had been carried out, which resulted in the preferred supplier failing to complete the contract to the Council’s satisfaction. The decision had been made to re-tender and the report went on to explain the background to the design of the security provision following consultation with tenants and residents’ groups. The report proposed that work begin immediately on installing new video enabled door entry systems to the following blocks - Bayview, Northsea, Hutcheon, Greig and Marischal Courts.

The report discussed other technical solutions available to the Council and provided an indicative timeline for re-tendering, which anticipated that providing the total cost of the contract was within budget, the contract could be awarded in April 2011 - an allowance of £500,000 had been made within the capital budget for 2011/12, and associated revenue costs had also been budgeted for.

The report recommended:-

that the Council -

(a)              note the situation regarding the previous tendering exercise;

(b)              give approval to undertake the procurement; and

(c)               give approval to spend the total estimated expenditure under the contract as detailed within the budget heading.

The Council resolved:-

(i)                 to note the situation regarding the previous tendering exercise;

(ii)               to grant approval to commence the re-tendering exercise for the procurement of security equipment, technical services and installation works;

(iii)             to grant approval to spend the budget provision detailed in the report on the installation of new video enabled door entry systems to the five blocks in Hayton, Tillydrone, presently covered by the 24 hour concierge service, and to cease the concierge service on completion of these works;

(iv)             to instruct officers to pursue all owner occupiers for reasonable costs incurred for the works;

(v)               to instruct officers to report back to the Housing and Environment Committee in March 2011 on progress, and that this report explain what the Tenement Scotland Act would allow the Council to do in terms of proceeding with works in the absence of agreement from owner occupiers; and

(vi)             to instruct officers to make representation to the Scottish Government calling for a review of the Tenement Scotland Act, with particular reference to problems caused by door entry systems and modifications.

DECLARATIONS OF INTERESTS

Councillors Cormack, Dean and Fletcher declared interests in relation to the following item of business by virtue of their membership of the Appeals Committee and left the meeting prior to its consideration.

Depute Provost Dunbar and Councillors Crockett, Farquharson, Laing, McCaig and John West also declared interests by virtue of their membership of the Appeals Committee but chose to remain in the meeting.

Councillor McDonald declared an interest by virtue of having close friends and family members who were employed by the Council but considered that the nature of his interest did not require him to leave the meeting.

Councillor Young declared an interest as a member of Unite. Councillors Kevin Stewart and Yuill declared interests as members of Unison. None of these members considered that the nature of their interests required them to leave the meeting.

With reference to Article 1 of the minute of meeting of the Finance and Resources Committee of 2^nd December 2010, the Council had before it a report by the Director of Corporate Governance, which had been referred simpliciter by that Committee, which outlined the options to achieve the anticipated required workforce reduction by either voluntary or compulsory arrangements, and sought a decision on which of these options would apply.

The report provided an overview of the progress to date in terms of the staffing implications in the first year of the Council’s Business Plan 2011/12 to 2015/16. The report stated that in the first year, in order to achieve the required level of savings, the main implications would be to stop/reduce services - from year two and beyond some of the benefits of the transformational and efficiency options would begin to accrue.

The report then set out the following options:-

Option 1 - compulsory redundancy only. This option would not involve any volunteering, and the Redundancy Selection Criteria that were currently being consulted on, following the Section 188 notification, would be applied.

Option 2 - invite and consider voluntary expressions of interest in the first instance. This option was similar to the arrangements the Council had operated for the previous two years. The aim would be to mitigate the number of compulsory dismissals which was a statutory duty.

The report highlighted the advantages and disadvantages associated with each option and summarised the consequential financial implications.

The report recommended:-

that the Finance and Resources Committee -

(a)              note the actions taken to date arising from the staffing implications of the first year of the five year costed Business Plan as outlined in the report; and

(b)              determine from the two options detailed in the report whether to undertake the required staffing reduction exercise by applying only compulsory redundancy arrangements to any dismissals required, or by inviting and considering expressions of interest in voluntary severance/early retirement (from the workforce) in the first instance.

Councillor Graham moved, seconded by Councillor Crockett:-

That the Council approve option 2 contained within the report - to invite and consider voluntary expressions of interest in the  ...  view the full minutes text for item 32.