Agenda and minutes

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

http://councilcommittees/ieListDocuments.aspx?CId=143&MId=2483&Ver=4

(1)    Paul O’Connor

(2)    Reverend Andy Cowie, Powis Community Centre

(3)    Phil D’Arcy, Aberdeen Community Learning Centres Forum

The Committee had before it, within terms of Standing Order 10, requests for deputations in relation to the report on the agenda on community centres:-

(1)               Paul O’Connor

(2)               Alex Mess and Reverend Andy Cowie, Powis Community Centre

(3)               Phil D’Arcy, Wilma Mackland and Brian Allan, Aberdeen Community Learning Centres Forum

(4)               Sylvia Davidson, Woodside Community centre

The Committee resolved:-

to hear the deputations, suspending Standing Order 10 to enable it hear request (4) as it had been submitted outwith the timescales prescribed therein.

The Committee had before it (1) article 6 of the minute of its meeting of 23 February 2012 at which time it had been agreed, upon consideration of a report by the Director of Education, Culture and Sport on community centres, that the management agreement and lease be the subject of mediation between representatives of the community centres and Aberdeen City Council with the objective of reaching agreement and reporting the outcome to a special meeting of this Committee; and (2) a further report by the Director in these terms, presenting the management agreement and lease for approval, outlining the areas which remained unresolved at the conclusion of the mediation, and explaining the implications for the Council of amending the agreements  in the manner being requested by community centre representatives.

Appendices to the report included the mediation Heads of Agreement, the latest versions of the management agreement and lease, and letters from the Director of Social Care and Wellbeing and Grampian Police highlighting the need for the agreements between the Council and community centres to take cognisance of child protection responsibilities for volunteers.

The report recommended:-

that the Committee –

(a) notes the mediation Heads of Agreement, and considers the requests from the community centre representatives that (i) that the cost of personal and legal liability insurance cover is provided by the Council, (ii) that the provisions within the agreements for the Council taking legal action against the management committee be removed, (iii) that the requirement for a mutual indemnity in relation to breaches of data protection is removed, (iv) that the ability of the Council to terminate the management agreement in the event of late payment by a community centre is removed, and (v) that the leases and management agreements should be for a duration of twenty years. Decisions in respect to these issues need to consider the following:

(i)                 The total cost to the Council would be in the region of £25,000. There is no budgetary provision within Education, Culture and Sport to meet this additional recurring cost, therefore if the Committee wished to agree to the principle of this additional funding, the request would require to be referred to the Council meeting on 4 April 2012.

(ii)               If these provisions are removed then it will limit the Council’s ability to fully recover any losses which it suffers as a result of certain breaches of the Agreement by a Community centre.  These cannot be quantified at this time as it will depend on the nature of the breach and the losses which flow from it.  If the Committee wished to agree to the removal of this provision, due to the potential financial implications, the request would require to be referred to the Council meeting on 4 April 2012

(iii)             If this provision is removed then it will prevent the Council from recovering a fine or damages awarded against the Council in respect of a data protection breach results from and act or omission on the part of a  ...  view the full minutes text for item 2.