Agenda and minutes

The agenda and reports associated with this minute can be located at the following link:-

http://committees.aberdeencity.gov.uk/ielistdocuments.aspx?cid=146&mid=2586&ver=4

The Convener led tributes to Mr Brian Adam MSP, who had served in public life firstly as a Councillor and thereafter as an MSP.  She stated that he had been an excellent servant to the constituents of Aberdeen Donside, the ward he represented and expressed her condolences to his family.

Councillor McCaig spoke of Mr Adam’s passion for public life and expressed his admiration for him, stating that he would be a huge loss to Aberdeen, the Scottish Parliament and the SNP.  He was proud to have known and admired him and owed him a great deal for his support.

Councillor Malone commended his great service to the people of Aberdeen and expressed her condolences to his family.

Councillor Crockett echoed the previous tributes and emphasised that Mr Adam had always been held in high regard and that further tribute would be paid at the Council meeting on 1 May 2013.

The Committee resolved:-

to concur with the tributes from the various members.

The Convener proposed that the Committee consider those reports identified on the agenda as being for determination in private, with the press and public excluded.

The Committee resolved:-

in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973, to exclude the press and public from the meeting from item 10.1 of the agenda (article 24 of this minute) onwards so as to avoid disclosure of information of the classes described in the following paragraphs of Schedule 7(A) to the Act: article 24 (paragraph 6), article 25 (paragraphs 8 and 9), article 26 (paragraphs 4, 6, 8 and 9), article 27 (paragraph 1), article 28 (paragraphs 6 and 9), article 29 (paragraphs 6 and 9), article 30 (paragraph 6 and 9), article 31 (paragraphs 6 and 9), and article 31 (paragraphs 6 and 9).

The Committee had before it the minute of its previous meeting of 21 February 2013.

The Committee resolved:-

to approve the minute as a correct record.

The Committee had before it a statement of pending and outstanding committee business, as prepared by the Head of Legal and Democratic Services.

The Committee resolved:-

(i)            to remove items 6 (Joint Customer Contact Centre), 8 (Queen’s Links Leisure Park), and 15 (Provost Skene’s House) ;

(ii)          to note that reports on items 1 (CAB – Debt Advice Services), 2 (Applications for Financial Assistance – Grant Application System), and 12 (Satrosphere), were to be considered on today’s agenda and to remove them subject to the decision taken; and

(iii)         otherwise to note the updates contained therein.

DECLARATIONS OF INTERESTS

Councillors Dickson and Jackie Dunbar declared pecuniary interests in the following item of business by virtue of their employment by Kevin Stewart MSP, and withdrew from the meeting.

The Committee had before it the outstanding motions list, as prepared by the Head of Legal and Democratic Services.

The Committee resolved:-

(i)         in relation to motion 1 (Motion by Councillor Greig – Commemoration of the Diamond Jubilee and Queen’s Reign), to note that the minute of the Diamond Jubilee Working Group was to be considered later on today’s agenda;

(ii)        in relation to motion 2 (Motion by Councillor McCaig – BRIS) to:

(a)       note that a report was to be considered later on today’s agenda; and

(b)       note that the Director of Corporate Governance would provide an oral update regarding the independent research study exploring the existing financial settlement and its impact following consideration of the aforementioned report; and

(iii)       in relation to motion 3 (Motion by Councillor Crockett – Comments by Kevin Stewart MSP), to refer the matter simpliciter to Council.

With reference to article 25 of the minute of meeting of Council of 6 March, 2013, the Committee had before it a motion in the following terms by Councillor Greig:-

“That this Council works with Grampian Police, its two successor divisions, Aberdeenshire Council and the Moray Council to set up a policing museum for the North East and that all possible funding sources and sponsorship opportunities are sought.”

The Convener explained that Councillor Greig was not able to attend this meeting, and therefore in accordance with Standing Order 21(4) his motion would fall, and be considered at the next meeting.

The Committee resolved:-

to note that this motion would be resubmitted to the next meeting of 13 June 2013, for consideration.

With reference to article 11 of the minute of its meeting of 21 February 2013, the Committee had before it, by way of referral, the minute of the Diamond Jubilee Working Group of 28 February 2013, for consideration of resolution (i) at article 4, which requested that specific funding be identified for the development of a commemoration in the city of the Diamond Jubilee and the Queen’s reign.

The Committee resolved:-

(i)         to allocate a maximum of £50,000 from central reserves for a travel scholarship; and

(ii)        to note that the Council would discuss, as part of the redevelopment of the St Nicholas House site, the possibility of naming part of the development in commemoration of the Diamond Jubilee and the Queen’s reign.

(A)       With reference to article 6 of the minute of its meeting of 21 February 2013, the Committee had before it a report by the Director of Corporate Governance which responded to part of the following motion by Councillor McCaig:

“In order to ensure that Aberdeen City Council reaps the financial benefits of the Scottish Government’s Business Rates Incentive Scheme, Council instructs the Director of Enterprise, Planning and Infrastructure to consider measures to boost the city’s business rates income and agrees that 50% of any additional funding received by the Council as a result of this scheme be reinvested in economic development.”

The report recommended –

that the Committee –

(a)       agree to receive a further report on the current position of the scheme, and in conjunction with the Director of Enterprise, Planning and Infrastructure address the remaining aspects of the motion, and

(b)       otherwise note the report.

Councillor Crockett then moved, seconded by Councillor Yuill:-

That the Committee:  (1) approve the recommendations contained in the report; (2) note that the Scottish Government introduced a scheme called the Business Rates Incentivisation Scheme in the financial year 2012/2013 which set a target level of Non Domestic Rate income; (3) note that the Council was given a target of £164 million pounds by the Scottish Government; (4) to note that the Council’s mid year estimate for the collection of Non Domestic Rate Income was projected to be £176.1million; (5) note that the Scottish Government has increased the Council’s target level for 2012/2013 to £175.5million without consultation with Elected Members of the Council; (6) note that if the Scottish Government had agreed to abide by its original agreement with Aberdeen City Council the Council would have received an extra £5.8million in grant; (7) note that due to the Scottish Government reneging on its promise Aberdeen City Council now found itself receiving only £300,000 a difference of £5.5million; (8) note that Aberdeen was the lowest funded Council per capita 32 out of 32 local authorities in Scotland and that the Council no longer receives the 85% floor; and (9) call on Aberdeen’s elected representatives at all levels to support the ongoing campaign to receive a fairer funding settlement for Aberdeen.

Councillor McCaig moved as an amendment, seconded by Councillor Cameron:-

That the Committee approve the recommendations contained in the report; and call on Aberdeen’s elected representatives at all levels to support the ongoing campaign to receive a fairer funding settlement for Aberdeen.

On a division, there voted:-  For the motion (10) - the Convener; and Councillors Crockett, Forsyth, Graham, Ironside, Laing, Malone, Milne, Reynolds and Yuill.  For the amendment (5) - Councillors Cameron, Dickson, Jacqui Dunbar, Kiddie and McCaig.

The Committee resolved:-

to adopt the motion.

(B)       With reference to article 6 of the minute of its meeting of 21 February 2013, the Committee received an oral update from the Director of Corporate Governance regarding progress of the Committee’s previous decision to commission an independent consultant to bring  ...  view the full minutes text for item 9.

Reference was made to article 20 of the minute of meeting of Council of 6 March 2013, at which time members agreed, amongst other things, to refer the report before them to this Committee for consideration of the requirement for the Council to act as financial guarantor subject to the additional investment identified in the outline bid.  The Committee had before it on this day, (1) the report as presented to the Education, Culture and Sport Committee; and (2) a further covering report which recommended that the Committee (a) agree that the Council underwrite any shortfall in the annual spend in its bid to be UK City of Culture up to a maximum of £1,000,000 per annum; and (b) instruct the Director of Education, Culture and Sport to review the proposed budget in conjunction with the Head of Finance in order to take forward as part of the Priority Based Budgeting process.

The Committee resolved:-

to approve the recommendations.

Reference was made to article 17 of the minute of meeting of the Education, Culture and Sport Committee of 28 March 2013, at which time members agreed, amongst other things, to refer the report before them on the introduction of a Sistema Scotland Big noise project in the city to this Committee for consideration of the funding required to progress the financial and funding model.  The Committee had before it on this day, (1) the report as presented to the Education, Culture and Sport Committee; and (2) a further covering report which recommended that the Committee approve expenditure of up to £50,000 from existing budgets within the  Education, Culture and Sport service in order to develop the financial and funding model.

The Committee resolved:-

(i)         to approve the recommendation; and

(ii)        to instruct officers to provide members, by email, with data regarding the number of people living in poverty outwith the recognised deprived datazones, as well as the number of people living in poverty within these datazones.

With reference to article 10 of the minute of its meeting of 21 February 2013, the Committee had before it a report by the Head of Finance which provided information to date on the current year’s revenue budget to date for the Corporate Governance Service, and advised of any areas of risk and management action being taken in this regard.

The report recommended -

that the Committee -

(a)       note the information on management action and risks contained within the report; and

(b)       instruct officers continue to review budget performance and report on Service strategies.

The Committee resolved:-

(i)         to approve the recommendations; and

(ii)        to congratulate staff for their achievements in this regard.

The Committee had before it a report by the Director of Corporate Governance which presented for approval a business case outlining the proposed approach to continuing improvement within the Corporate Governance directorate.

The report recommended -

that the Committee -

(a)       authorise the Director of Corporate Governance to progress with the planned programme of 31 service improvements as identified in the Corporate Governance Improvement Business Case, appended to the report, which would result in the delivery of £888,000 of savings; and

(b)       authorise the Director of Corporate Governance to progress with the required investment of £4,685,000 as identified in the business case for which funding had already been identified.

The Convener then moved, seconded by Councillor Forsyth:-

That the Committee approve the recommendations.

Councillor McCaig moved as an amendment, seconded by Councillor Cameron:-

That the Committee:  (1) authorise the Director of Corporate Governance to progress with the planned programme of service improvements as identified in the Corporate Governance Improvement Business Case, with the exception of the £250,000 reduction in funding to the Fairer Scotland Fund; and (2) to approve recommendation (b).

On a division, there voted:-  For the motion (10) - the Convener; and Councillors Crockett, Forsyth, Graham, Ironside, Laing, Malone, Milne, Reynolds and Yuill.  For the amendment (5) - Councillors Cameron, Dickson, Jackie Dunbar, Kiddie, and McCaig.

The Committee resolved:-

(i)         to adopt the motion; and

(ii)        to commend all employees involved for their immense effort in the development of the Improvement Business Case.

With reference to article 11 of the minute of its meeting of 21 February 2013, the Committee had before it a report by the Head of Finance which presented the revenue position for the Council for 2012/13 and advised as to any areas of risk that had been highlighted by Directors.

The report recommended –

that the Committee note the content of the report.

The Convener then moved, seconded by Councillor McCaig:-

That the Committee approve the recommendation and congratulate officers on their prudent management of the 2012/2013 Revenue Budget.

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

That the Committee:  (1) congratulate officers on their prudent management of the 2012/2013 Revenue Budget; (2) agree, that given the surplus at the end of period 12 would be significantly more that £5,000,000, to allocate a further £600,000 to carry out additional repair work on the city’s roads and pavements and instructs officers to prepare a detailed report on the implementation of this; and (3) otherwise note the report.

On a division, there voted:-  For the motion (13) - the Convener; and Councillors Cameron, Crockett, Dickson, Jackie Dunbar, Forsyth, Graham, Ironside, Kiddie, Laing, McCaig, Milne and Reynolds.  For the amendment (2) - Councillors Malone and Yuill.

The Committee resolved:-

to adopt the motion.

With reference to article 9 of the minute of its meeting of
21 February 2013, the Committee had before it a report by the Head of Finance which presented information on the income and expenditure of the Common Good budget for the period to 28 February 2013, and outlined the forecast position of the cash balances.

The report recommended –

that the Committee -

(a)       note the income and expenditure position as at 28 February 2013 and the forecast outturn for the year; and

(b)       note the forecast cash balances as at 31 March 2013 of £6,900,000 based on current estimates, which was within the recommended levels indicated by the Head of Finance.

The Committee resolved:-

to approve the recommendations.

With reference to article 18 of the minute of its meeting of
15 March 2010, the Committee had before it a report by the Director of Corporate Governance which provided an update on the review of the application process for financial assistance.

The report recommended –

that the Committee –

(a)       agree to update the criteria and process for small financial assistance grants; and

(b)       agree to provide information on the criteria and timescales for processing applications on the Council Grants and Funding webpage as detailed in section 5 of the report.

The Committee resolved:-

to approve the recommendations.

With reference to article 13 of the minute of its meeting of 21 February 2013, the Committee had before it a report by the Director of Enterprise, Planning and Infrastructure whichprovided an update on the progress across all Services of projects within the 2012-2018 Non Housing Capital Programme.

The report recommended –

that the Committee note the current position and approve the legally committed projects which required to be carried forward.

The Committee resolved:-

to approve the recommendations.

The Committee had before it a report by the Chief Executive which presented an application for financial assistance from the Chairman of the trustees Scottish National War Memorial project.

The report recommended –

that the Committee approve a contribution of £1,500 from the Council’s Financial Assistance budget towards the costs of the project, which would commemorate the 100th anniversary of the Great War.

The Committee resolved:-

to approve the recommendation.

MATTER OF URGENCY

The Convener intimated that she had directed in terms of Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973, that the following item of business be considered as a matter of urgency to enable the documents to be submitted to the Office of Scottish Charities Register without delay.

With reference to article 12 of the minute of its meeting of 6 December 2012, the Committee had before it a report by the Head of Finance which presented further financial information and the trustees’ annual report relating to the charitable trusts administered by the Council, both of which had to be submitted to the Office of Scottish Charities Register (OSCR).

The report recommended –

that the Committee approve the submission of the following information to OSCR:-

(a)       Trustees’ Report and Accounts in respect of the Lands of Torry as detailed in Appendix A;

(b)       Trustees’ Report and Accounts in respect of the Lands of Skene as detailed in Appendix B;

(c)        Trustees’ Report and Accounts in respect of the Education Endowment Investment Trust as detailed in Appendix C; and

(d)       Trustees’ Report and Accounts in respect of those trusts with income under £100,000 per annum, not included in (a) to (c), and as detailed in Appendix D.

The Committee resolved:

to approve the recommendations.

The Committee had before it a report by the Director of Social Care and Wellbeing which provided an update on the preparation of the financial framework that supported the development of the Joint Commissioning Strategy for Older People 2013-2023.

The report recommended –

that the Committee –

(a)       note the content of the Financial Framework linked to the Joint Commissioning Strategy for Older People 2013–2023, attached as Appendix A to the report;

(b)       note that initial preparatory work had been undertaken to begin to develop a baseline integrated budget, and that this would be an ongoing requirement as details of the integration legislation became clearer; and

(c)        agree to receive a report on the baseline integrated budget, once the work on this was completed.

The Committee resolved:-

to approve the recommendations.

DECLARATION OF INTEREST

Councillors Dickson declared an interest in the subject matter of the following item by virtue of his position on the Citizens’ Advice Bureau Management Committee and withdrew from the meeting during consideration of that item only.

With reference to article 31 of the minute of its meeting of 11 March 2010, the Committee had before it a report by the Director of Housing and Environment which provided an update on the development of a Service Level Agreement between the Council and the Citizens Advice Bureau Aberdeen.

The report recommended –

that the Committee –

(a)       to note that a draft Service Level Agreement had been submitted for consideration by the Citizens Advice Bureau Aberdeen which would be considered at their Board meeting later in April 2013;

(b)       to agree to suspend the Council’s procurement standing orders that would otherwise require this service to be competitively tendered; and

(c)        to delegate responsibility to the Director of Housing and Environment and Head of Legal and Democratic Services, in consultation with the Convener of the Finance and Resources Committee, to sign off the Service Level Agreement once agreed by the Citizens Advice Bureau Board and on terms satisfactory to the Council.

The Committee resolved:-

to approve the recommendations.

The Committee had before it a report by the Director of Corporate Governance which sought approval of the provisional ICT Investment Programme included in the approved Revenue Budget for 2013/2014.

The report recommended –

that the Committee -

(a)       approve the programme listed in Appendix A;

(b)       authorise the estimated expenditure in respect of each item;

(c)        instruct appropriate officials to implement the detailed programme;

(d)       delegate authority to the Head of Customer Service and Performance, in consultation with the Convener and Vice Convener of the Committee, to amend the programme should priorities change during the year; and

(e)       grant approval to appropriate officers to award contracts on receipt of a valid tender submission, where appropriate, subject to necessary funding in the approved revenue budget.

The Committee resolved:-

to approve the recommendations.

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

With reference to article 10 of this minute, the Committee had before it a tabled appendix containing financial details of the UK City of Culture 2017 Outline Bid.

The Committee resolved:-

to note that this matter had been dealt with at article 10 of this minute.

Reference was made to article 14 of the minute of meeting of the Audit and Risk Committee of 16 April 2013, at which time members agreed, amongst other things, to refer the report before them to this Committee for approval of the extension of the contract between the Council and PricewaterhouseCoopers LLP for the provision of internal audit services to 31 March 2015, as allowed by the provisions of Clause 20.2 of the current agreement.  The Committee had before it on this day, the report as presented to the Audit and Risk Committee, and a further covering report which recommended that the Committee approve the continued annual estimated expenditure of £400,000 for internal audit services under the contractual arrangement, whilst noting that there were no additional budget implications.

The Committee resolved:-

to approve the recommendations.

DECLARATION OF INTEREST

Prior to the consideration of the following item of business, Councillor Malone declared an interest in the subject matter due to her position on the Satrosphere Board and withdrew from the meeting during its consideration.

With reference to article 29 of the minute of its meeting of 4 October 2012, the Committee had before it a report by the Director of Education, Culture and Sport which provided an update on the current financial and operational status of Satrosphere Limited.

The report recommended –

that the Committee -

(a)       note the financial and performance update provided, including the reduction in overdraft levels, and therefore the level of potential Council exposure, delivered within the past 12 months;

(b)       subject to completion of the actions highlighted at Clause 4.3, approve a bank guarantee arrangement at a reduced level of £138,900 until 31 March 2014, based on the Company’s 2013/14 financial projections and commitment to work towards a further reduction in the overdraft requirement by a further 5% by this date;

(c)        note the position in respect of both the potential re-development of the premises at 179 Constitution Street and discussions around the establishment of a partnership agreement to formalise continued support of Satrosphere Limited by the Council in accordance with Committee’s previous decision; and

(d)       approve the recommendation, contained within section 5.3.8(i), that oversight of Satrosphere’s operational and educational outcomes, linked to the development of a formal partnership framework, be provided annually through the Culture and Sport Sub-Committee with consideration of future renewals of the bank guarantee being considered separately by this Committee.

The Committee resolved:-

to approve the recommendations.

With reference to article 27 of the minute of the meeting of Council of 6 March 2013, the Committee had before it a report by the Director of Social Care and Wellbeing which sought approval of the proposed changes to the Social Care and Wellbeing senior management structure detailed in the business case appended to the report, to be funded from within the service’s budget.

The report recommended –

that the Committee -

(a)       approve the retention of the existing Head of Older People and Rehabilitation role to manage the functions and responsibilities not transferring to Bon Accord Care Limited and additional responsibilities from new statutory and strategic developments;

(b)       approve the amendment of the job title of the Head of Older People and Rehabilitation to Head of Older People’s Services and Integration; and

(c)        approve the retention of dedicated secretarial support to the Head Older People’s Services and Integration role.

The Committee resolved:

(i)         to approve the recommendations;

(ii)        to refer the report to the Audit and Risk Committee for review; and

(iii)       to instruct the Monitoring Officer to conduct an investigation into the leaking of this exempt report to the press and to request that all Councillors and officers make themselves available to be interviewed as part of this process.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which provided an update on the sale of ground at Pitmedden Road Industrial Estate to Dyce Carriers Limited.

The report recommended –

that the Committee approve the sale of the extended site for £295,000 to Dyce Carriers Limited.

The Committee resolved:-

to approve the recommendation.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which sought approval of the extension of the lease for the offices at Crown House and the associated car parking at 43 Dee Street, Aberdeen.

The report recommended –

that the Committee –

(a)       approve the extension of the lease for the offices at Crown House and the associated car parking at 43 Dee Street, Aberdeen; and

(b)       instruct the Head of Legal and Democratic Services to conclude missives for the lease extension of this property on the terms agreed with the Landlord, Garioch Development Company Limited.

The Committee resolved:-

to approve the recommendations.

The Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which advised on discussions which have been undertaken with the sitting tenant of the ground at Shiprow/ Shore Brae, Aberdeen.

The report recommended –

that the Committee

(a)       approve the sale of the ground at Shiprow/Shore Brae to the Aberdeen Douglas Hotel Limited for £250,000; and

(b)       instruct the Head of Legal and Democratic Services to conclude missives for the sale of this property on the terms agreed with the Aberdeen Douglas Hotel Limited.

The Committee resolved:-

to approve the recommendations.

With reference to article 27 of the minute of its meeting of 21 February 2013, the Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which provided members with an update on activities in relation to properties which had been declared surplus to the Council’s requirements or were currently vacant awaiting a decision on future use.

The report recommended –

that the Committee –

(a)       note the position in relation to all the vacant and surplus assets, as identified in appendices A, B and C of the report;

(b)       in relation to Woodside Burgh Hall, note that the building was vacated by the Management Committee in January 2013 and that investigations were ongoing to confirm the title status of the property in particular potential common good issues. Following the outcome of these investigations it was intended to circulate and market the property in accordance with the Council's surplus property procedure;

(c)        in relation to the Raeden Nursery and Walled Garden, to note the current legal status of the site and the intention to take the site to market with a report being brought back to this Committee in due course;

(d)       note that a closing date had been set for Tarbothill Road and that a report would be submitted to the next meeting of the Committee;

(e)       note that there had been a final closing date for offers for the site of St Nicholas House and that it was intended that offers would be presented to Council on 1 May 2013;

(f)        note the sale of the following properties, concluded since the Committee’s meeting on 21 February 2013:-

(g)       note that the total capital receipts generated from concluded sales in the financial year 2012/13 was £7,351,691; and

(h)       note the lease of the following properties held on the tenanted non residential portfolio, concluded since the Committee’s meeting on 21 February 2013:-

The Committee resolved:-

to approve the recommendations.

- COUNCILLOR YVONNE ALLAN, Convener.