Agenda, decisions 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=3483&Ver=4

Please note that if any changes are made to this minute at the point of approval, these will be outlined in the subsequent minute and this document will not be altered retrospectively.

The Convener advised that a confidential report relating to St Joseph’s School was required to be considered by the Committee today and suggested that it be considered as the first exempt item of business on the agenda.

The Convener also proposed to take item 9.2 (Site of Broadhill Bar) last on the agenda as he would be declaring an interest with the subject matter therein and would be leaving the meeting before it’s consideration.

The Committee resolved:-

to concur with the suggestions of the Convener in relation to the changes to the agenda order.

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 8.1 of the agenda (article 21 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 21 (paragraph 8 and 9), article 22, 23 and 25 (paragraph 8), article 24 (paragraphs 8 and 10), article 26 (paragraphs 6 and 9), articles 27 and 28 (paragraph 9).

The Committee had before it the minute of its previous meeting of 23 April, 2015.

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)        in relation to item 1 (Station House Community Centre) to note that a report would be submitted to the Committee after the Council recess;

(ii)       in relation to item 5 (Housing Support Services Commissioning Plan), to refer this item to the Communities Housing and Infrastructure Committee Business Statement;

(iii)      in relation to item 6 (Council House New Build Proposals – Manor Walk and Smithfield Primary) to note that a report was to be considered on today’s agenda and therefore to remove it subject to the decision taken;

(iv)      in relation to item 11 (International Twinning Application Grant - Criteria) to note that a report was to be considered on today’s agenda and therefore to remove it subject to the decision taken; and

(v)        to otherwise note the updates contained therein.

With reference to article 9 of the minute of the previous meeting of 23 April 2015, the Committee had before it a report by the Chief Executive and Interim Director of Corporate Governance which provided an overview of key performance information and ongoing improvement work across the Corporate Governance Directorate.

The report recommended:-

that the Committee –

(a)       note the content of the performance report; and

(b)       note the intention to commence quarterly performance reporting to the Committee, two of which reports each year will include the Corporate Governance Operational Risk Register.

The Committee resolved:-

(i)         to approve the recommendations; and

(ii)        that officers circulate details to members of the Committee regarding the percentage of Members' Enquiries dealt within 15 working days by Legal and Democratic Services.

The Committee had before it a report by the Chief Executive and Interim Director of Corporate Governance which provided information on the 2014/15 revenue and capital budget’s financial performance for the period to 31 March, 2015 for the services within Corporate Governance and advised on any areas of risk and management action.

The report recommended:-

that the Committee –

(a)       to note the report and the information on management action and risks that was contained therein; and

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

The Committee resolved:-

to approve the recommendations.

With reference to article 6 of the minute of the previous meeting of 19 June 2014, the Committee had before it a report by the Chief Executive and Interim Director of Corporate Governance which provided details of the financial position for the Council for the financial year 2014/2015 and the values which reflected the actual position for the year.  The report also provided an overview of the year-end financial position and the provisions and reserves of the Council as at 31 March 2015.

The report recommended:-

that the Committee –

(a)       note the current final outturn for the various Council accounts for the financial year 2014/15, subject to committee approval;

(b)       approve the various transfers between Council accounts and earmarked sums for the General Fund, Housing Revenue Account and Common Good as at 31 March 2015 as detailed in paragraph 5.5.15 and 5.5.17 of the report;

(c)       approve the working balances of the General Fund, Housing Revenue Account and Common Good as detailed in paragraphs 5.5.16 and 5.5.18 of the report;

(d)       approve that in accordance with the relevant strategies to maintain revenue balances the Council’s objective of retaining recommended levels of uncommitted balances has been achieved; and

(e)       note that the unaudited Annual Accounts for 2014/15 will be presented to the Audit, Risk and Scrutiny Committee, along with the Annual Governance Statement and Remuneration Report at its meeting later this month.

The Convener, seconded by the Vice-Convener moved:-

(i)         that the recommendations contained in the report be approved subject to the funding allocations noted below:-

·               Auchmill Terrace (£25,000) – for work in the park

·               Cairncry Community Centre (£45,000)  for work in the park

·               Hallfield Road (£3,000) – for work in the park

·               Mens Shed Dyce (£10,000)

·               Hilton Outdoor Centre (£25,000)

·               Under 12 Clubs and Youth Work (£100,000) – for work in the seven regeneration areas

·               Seaton Park (£100,000)

·               Sea Cadets (£10,000) – for building  maintenance work

·               Old Torry Community Centre Flooring (£7,000)

·               Transition Extreme:  (£100,000)

·               Hazlehead Pets Corner Renovation and Expansion: (£100,000)

·               Duthie Park, David Welch Winter Gardens Education Room (£40,000)

            Total: £565,000

(ii)        to instruct officers to carry out a review of the Common Good Account, including all investments and expenditure, and put in place a strategy for the future management of this fund; 

(iii)       to instruct officers to bring forward options to the October meeting around the development of an up-to-date Anti-Poverty Strategy and Action Plan.

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

to approve the recommendations contained within the report and to use £500,000 of the underspend on road, pavement and street lighting maintenance.

On a division, there voted:- for the motion (14) – the Convener, the Vice-Convener and Councillors Allan, Cameron, Cormie, Dickson, Donnelly, Ironside, Laing, Milne, Noble, Reynolds, Taylor and Townson; for the amendment (2) Councillors Greig and Yuill.

The Committee resolved:-

(i)        to adopt the motion;

(ii)       to instruct officers to report back to the Committee in six months’ time (3 December 2015 meeting) with  ...  view the full minutes text for item 7.

The Committee had before it a report by the Chief Executive and Interim Director of Corporate Governance which provided information on the income and expenditure position of the Common Good Fund for the year to 31 March 2015 and the forecast position of the cash balances as at 31 March 2015.

The report recommended:-

that the Committee -

(a)       note the income and expenditure position as at 31 March 2015;

(b)       note the estimated cash balances as at 31 March 2015 of £7.8M based on current estimates, which is within the recommended levels indicated by the Head of Finance;

(c)       agree to carry forward £520,000 of 2014/15 budget underspends in an earmarked reserve to allow completion of park and property maintenance and development projects in future years; and

(d)       agree that as we approach year end, the Head of Finance will review and consider the overall 2014/15 position of the Common Good Fund and take the appropriate action necessary to ensure the Fund is suitably financially prepared for future revenue and capital investment purposes.

The Committee resolved:-

(i)         to approve the recommendations; and

(ii)        that details of the spend on the Common Good budget in relation to Union Terrace Gardens be circulated to members of the Committee.

With reference to article 6 of the minute of the meeting of 18 February 2015, the Committee had before it a report by the Chief Executive and Interim Director of Corporate Governance which provided information on Treasury Management activities undertaken during financial year 2014/15.

The report recommended:-

that the Committee –

(a)       note the Treasury Management activities undertaken in 2014/15 as detailed; and

(b)       recommend to Council that it notes the Treasury Management activities undertaken in 2014/15.

The Sub Committee resolved:-

to approve the recommendations.

The Committee had before it a report by the Chief Executive and Interim Director of Corporate Governance which presented applications for financial assistance which have recently been received allowing elected members to make a decision on providing funding from the financial assistance budget.

The report recommended:-

that the Committee -

consider the applications received and agree to award grant funding based on the following recommendations:-

·         Men of All Ages 15th Anniversary Rally – a maximum of £500; and

·         3rd Aberdeen Boys Brigade, purchase of a minibus – a maximum of £1,500;

The Committee resolved:-

(i)         to approve the recommendation and

(ii)        that officers circulate details of the condition of the minibus to members of the Committee.

The Committee had before it a report by the Chief Executive and Interim Director of Corporate Governance which outlined details relating to employer discretions in respect of the new Local Government Pension Scheme.

The report recommended:-

that the Committee -

(a)       approve the employer’s policy statement shown at Appendix ‘A’ of the report which details the Council’s declared policy on the specified discretions; and

(b)       approve the delegation of decisions in respect of the specified discretions and also in relation to the application of other non-specified discretions to the Chief Executive or nominated deputy (except where otherwise stated) on a case by case basis.

The Committee resolved:-

to approve the recommendations.

With reference to article 19 of the minute of the previous meeting of 23 April 2015, the Committee had before it a report by the Director of Communities, Housing and Infrastructure which outlined the progress on the delivery of the Strategic Infrastructure Plan.

The report recommended:-

that the Committee note the content of the report and the progress made.

The Committee resolved:-

to approve the recommendation.

With reference to article 24 of the minute of meeting of 31 February 2013, the Committee had before it a report by the Chief Executive and Interim Director of Corporate Governance which advised of the intention to build on the success of the installation of two self-service payment kiosks at Marischal College by installing a further three kiosks, one each at Mastrick Customer Access Point, Kincorth Customer Access Point and Tillydrone Housing Office.

The report recommended:-

that the Committee –

(a)       to note that on 21 February 2013 the Finance & Resources Committee approved awarding Cammax Limited the contract to supply and implement two self-service payment kiosks for use within the Customer Service Centre at Marischal College for a four year period with an option to extend for a further year; and

(b)       to approve the purchase of an additional three self-service payment kiosks to be included in the existing contract with Cammax Limited.

The Committee resolved:-

to approve the recommendations.

The Committee had before it a report by the Director of Communities, Housing and Infrastructure which sought approval to continue with the Central Energy Efficiency Fund as recommended by Scottish Ministers and to task the Energy Management Team with managing the fund to ensure that it remains a revolving fund to deliver energy efficiency projects in Council properties.

The report recommended:-

that the Committee –

(a)       approve the continuation of the CEEF fund retaining the same payback mechanism and monitoring regime previously used; and

(b)       approve that the Energy Management Team provide an annual update to the Communities, Housing and Infrastructure Committee on the list of projects funded by CEEF and a summary of the energy and cost savings achieved as a result of the investment.

The Committee resolved:-

to approve the recommendations.

DECLARATION OF INTEREST

Councillor Reynolds declared an interest in the following item of business by virtue of his appointment by the Council as a Director of YMCA.  Councillor Reynolds considered that the nature of his interest required him to leave the meeting and took no part in the deliberations thereon.

The Committee had before it a report by the Chief Executive and Interim Director of Corporate Governance which sought approval of applications of financial assistance from the International Twinning Budget 2015-16.

The report recommended:-

that the Committee –

(a)       approve the following grants from the International Twinning Budget 2015-2016:-

(1)       Contribution of £6,490 towards an exchange project between Aberdeen YMCA and CVJM Regensburg to mark the 60th anniversary of the cities’ twinning agreement, 25 July - 8 August 2015;

(2)       Contribution of £2,500 towards the participation of a Bavarian Brass Band from Regensburg at Celebrate Aberdeen Weekend, 21-24 August 2015

(3)       Contribution of £5,460 towards the participation of a group from Seaton Primary School at Mini-Regensburg, 9-16 August 2015;

(4)       Contribution of £2,500 towards the participation of musicians from a twin city at a civic reception hosted by Aberdeen City Council during Offshore Europe, 8-10 September 2015; and

(5)       Contribution of £6,780 towards a secondary school programme involving pupils from Aberdeen and Stavanger at TechFest, 12-19 September 2015;

(b)       approve the following expenditure from the operating budget:- £1,500 towards the participation of the Twinning & International Partnerships Officer at the EIPA’s ‘Successful Preparation and Implementation of Twinning Projects’ training in Maastricht, 22-24 October 2015; and

(c)       approve that the International Twinning Grant criteria policy wording be changed.

The Committee resolved:-

(i)         to approve the recommendations; and

(ii)        to agree that as part of the Priority Based Budgeting exercise, a review of our Twinning and International Partnerships be carried out as part of both the General Fund and the Common Good Fund.

With reference to article 9 of the minute of meeting of 5 December 2013, the Committee had before it a report by the Chief Executive and Interim Director of Corporate Governance which sought approval of the events programme detailed in appendix 1 of the report and associated budget in 2015-16.

The report recommended:-

That the Committee -

(a)       note the content of this report.

(b)       approve the events programme detailed in appendix 1(of the report) for 2015 – 2016; and

(c)        approve the budget of £510,000 to deliver the events programme for 2015 – 2016.

The Committee resolved:-

(i)         approve the recommendations; and

(ii)       that a report be submitted to the Committee in September 2015 on the details and a breakdown of costs for this year’s Winter Festival.

The Committee had before it a report by the Director of Communities, Housing and Infrastructure which provided details of the Aberdeen City Council Gaelic Language Plan.

The report recommended:-

that the Committee –

(a)       agree the content of the Council’s draft Gaelic Language Plan;

(b)       agree to receive annual monitoring of the associated action plan by means of an information bulletin; and

(c)       submit the draft plan to Bòrdna Gàidhlig for approval on 12 June, 2015.

The Committee resolved:-

(i)        to instruct officers to discuss further with legal colleagues the proposed content of the Gaelic Language Action Plan to ensure that the commitments it puts in place are proportionate for the Council given the percentage of Gaelic speakers in Aberdeen;

(ii)       to instruct the Chief Executive to request from Bòrdna Gàidhlig an extension to the deadline set for the submission of the Council’s draft Plan;

(iii)      to instruct officers to bring a final draft Gaelic Language Action Plan to the Council’s meeting on 19 August, 2015; and

(iv)       that details of the sanctions handed out to local authorities if they fail to submit the draft plan on time be circulated to members of the Committee.

MATTER OF URGENCY

The Convener 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 in order that a deadline to submit a response could be adhered to.

The Committee had before it a report by the Chief Executive and Interim Director of Corporate Governance which advised on the Council’s response to the Commission on Local Tax Reform to its call for written evidence.

The report recommended:-

that the Committee note the submission of the officer’s response to the Commission on Local Tax Reform contained in the appendix to the report.

The Convener, seconded by the Vice-Convener moved:-

to approve the recommendation contained within the report.

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

that the Committee (1) notes the submission of the officers response to the Commission on Local Tax Reform contained in the appendix to the report; (2) agrees that (a) the current system of council tax is regressive, does not relate to people’s ability to pay and is therefore not a fair system of local taxation; (b) the freeze on council tax has resulted in a significant loss of local autonomy and decision-making; (c) local authorities should be responsible for raising a much greater proportion of their own incomes; (d) an individual’s income is the best indicator of ability to pay; (e) the council tax should be replaced by a locally set element of national income tax which would be collected using existing government tax collection systems and then remitted to individual local authorities; and (f) the arrangement described in (e) would link tax paid more closely to ability to pay and restore significant local autonomy and accountability by allowing councils to make decisions about income generation as well as expenditure; and (3) instructs officers to include the aforementioned points in a submission to the Commission on Local Taxation.

On a division, there voted:- for the motion (14) – the Convener, the Vice-Convener and Councillors Allan, Cameron, Cormie, Dickson, Donnelly, Ironside, Laing, Milne, Noble, Reynolds, Taylor and Townson; for the amendment (2) Councillors Greig and Yuill.

The Committee resolved:-

(i)         to adopt the motion; and

(ii)        that further suggestions and ideas from officers relating to the submission be included within the Council Information Bulletin in June 2015.

DECLARATION OF INTEREST

Councillor Milne declared an interest in the following item of business by virtue of his appointment by the Council as a representative on Aberdeen Heat and Power. Councillor Milne did not consider that the nature of his interest required him to leave the meeting.

Please note that three appendices to this report are restricted and located in the confidential section of this agenda at item 9.1

The Committee had before it a report by the Director of Communities, Housing and Infrastructure which provided an update on the new build projects at Smithfield and Manor Walk, Aberdeen.

The report recommended:-

that the Committee -

(a)       note the updates and progress to date for each of the developments;

(b)       note the refined costs for Manor Walk and Smithfield Council House Developments (see appendix 1 & 2 of the report);

(c)       approve the cost associated with the infrastructure works for the delivery of Combined Heating Power to the new build sites and that Aberdeen Heat and Power Company Ltd are awarded the contract to undertake these works (see appendix 4 of the report); and

(d)       instruct officers in the future to report to the Communities, Housing and Infrastructure Committee on progress at appropriate times in the delivery of the housing projects.

The Committee resolved:-

(i)         to approve the recommendations; and

(ii)        to congratulate the Scottish Government on recognising the importance of Council House building to the City of Aberdeen by contributing £8.2M to this development.

MATTER OF URGENCY

The Convener 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 allow the project to progress in line with the programme.

Please note that the appendix to this report is restricted and located in the confidential section of this agenda at 9.4.

The Committee had before it a report by the Director of Communities, Housing and Infrastructure which provided an update on the development of Middlefield Community Hub and sought approval to invite tenders for the construction of the new Hub.

The report recommended:-

that the Committee -

(a)       note the progress to date in relation to developing a new Middlefield Community Hub;

(b)       note the funding requirement for the refurbishment of the existing building will be met from the 2016/17 Corporate Property Condition and Suitability Capital Budget; and

(c)       authorise the Director of Communities, Housing and Infrastructure, in conjunction with the Head of Legal Services and Head of Procurement, to carry out a competitive tendering exercise in line with Council Standing Orders, Financial Regulations and EU legislation for the construction of the Middlefield Community Hub.

The Committee resolved:-

to approve the recommendations.

In accordance with the decision recorded under article 2 of this minute, the following items were considered with the press and public excluded.

MATTER OF URGENCY

The Convener 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 in order that negotiations can be concluded in time.

The Committee had before it a report by the Director of Education and Children’s Services which provided details of the extension to the lease of the St Joseph’s School building.

The report recommended:-

that the Committee -

(a)       note that the original lease concluded on 30 March, 2015 and that the Council has entered into an extension of the lease until 31 July, 2017;

(b)       instruct officers to conclude negotiations to purchase the school buildings, the site and the two residential properties with the Society of the Sacred Heart, subject to the purchase price not exceeding the stated £12.75M;

(c)       instruct the Head of Legal and Democratic Services to conclude missives for the purchase of this property incorporating various qualifications as are necessary to protect the Council’s interests; and

(d)       otherwise note the contents of the report.

The Committee resolved:-

(i)         to approve the recommendations;

(ii)        that a letter be issued to the pupil’s parents in relation to the acquisition, with a draft to be circulated to members of the Committee; and

(iii)       that an appropriate press release be issued in relation to the acquisition, with a draft to be circulated to members of the Committee.

The Committee had before it a report by the Director of Communities, Housing and Infrastructure which sought approval to proceed with procurement of an integrated planning and document management software system

The report recommended:-

that the Committee –

(a)       approve the procurement of an integrated planning and document management system and the entering into of a contract for a five year period; and

(b)       note that financial provision for the project and contract is included within the approved Building Standards revenue budget and the Council’s five year costed business plan.

The Committee resolved:-

to approve the recommendations.

The Committee had before it a report by the Chief Executive and Interim Director of Corporate Governance which sought approval to undertake a tender process and award a contract for support and maintenance of the Education wireless Wide Area Network, together with approval of the estimated expenditure for the contract.

The report recommended:-

that the Committee –

(a)       approve the undertaking of an appropriate tender process for support and maintenance of the Education wireless Wide Area Network and, following such a process, the award of a contract for a one year period, with the option to extend for a period or periods of up to a further two years in total (so that the maximum potential contract duration is three years); and

(b)       approve the total estimated expenditure of £200,000 in respect of the said proposed contract.

The Committee resolved:-

to approve the recommendations.

The Committee had before it a report by the Chief Executive and Interim Director of Corporate Governance which updated members on a viable alternative to tendering through Scottish Wide Area Network connect agreement to facilitate the upgrade of network connectivity across the city.

The report recommended:-

that the Committee -

(a)       note the progress made with the development of the Scottish Wide Area Network (SWAN) and its viability as an alternative source of network connectivity in place of direct tendering;

(b)       approve that officers enter into an agreement with SWAN;

(c)       halt the previously approved tendering process and approve the use of the SWAN Connectivity Services for the procurement of these connectivity services;

(d)       approve the transition of connectivity services from current contractual arrangements to SWAN as and when these arrangements terminate, if it remains economically viable to do so;

(e)       approve the total maximum expenditure for network connectivity services, based on projected changes to standard connectivity requirements over a 3 year period of £2,750,000; and

(f)        approve expenditure to commission secondary resilient network circuits through SWAN, where appropriate and subject to available budget.

The Committee resolved:-

to approve the recommendations.

The Committee had before it appendices relating to the report which provided an update on the new build projects at Smithfield and Manor Walk, Aberdeen (article 19 of this minute refers).

The Committee resolved:-

to note the details contained within the appendices.

With reference to article 6 of the minute of meeting of the Property Sub Committee of 26 May 2015, the Committee had before it a report by the Director of Communities, Housing and Infrastructure which advised that a site had now been identified as a suitable location for the proposed development of the Hydrogen Energy Station.

In terms of Standing Order 32(1) Councillor Finlayson as local ward member addressed the Committee.

The report recommended:-

that the Committee –

(a)       agree that following an initial assessment the chosen site Langdykes Road (option 4) is to be progressed for the project;

(b)       note the update regarding progress with the project including the fact that a planning application for the proposed development was approved at the Planning Committee on the 28^th May 2015;

(c)        note that the site extends to 0.32 ha (0.79 acres) and forms part of a larger site held by HRA and approve the transfer of the site from the Housing Revenue Account to the General Fund;

(d)       note that following discussions with HRA the site is not earmarked for future development and HRA have no objections to the transfer, HRA would prefer to dispose of the whole site, we would recommend that the whole site is declared surplus, 0.32 ha (0.79 acres) is transferred to the General Fund with the remainder being marketed and proceeds of sale being lodged with HRA;

(e)       note that following consultation with local tenants / residents at the meeting of the Housing Performance and Budget Group on 23^rd February, 2015 the group confirmed their support of the proposed transfer.

The Sub Committee resolved:-

(i)         to approve the recommendations; and

(ii)        to refer the report to the Audit, Risk and Scrutiny Committee in order for that Committee to carry out a comprehensive review of the process followed to identify a site on the south side of the city to ensure compliance with legal requirements and good practice.

The Committee had before it an appendix relating to the report which provided an update on the development of Middlefield Community Hub (article 20 of this report refers).

The Committee resolved:-

to note the information contained within the appendix.

MATTER OF URGENCY

The Convener 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.

DECLARATION OF INTEREST

The Convener declared an interest in the following item of business by virtue of him knowing the Developer involved.  The Convener considered that the nature of his interest required him to leave the meeting and took no part in the deliberations thereon.

The Committee had before it a report by the Director of Communities, Housing and Infrastructure which provided an update on discussions with the preferred bidder in relation to their proposals for the site including conversations with interested parties.

The report recommended:-

that the Committee -

(a)       confirm the status of Carlton Rock Limited as the preferred bidder for the site to undertake a redevelopment to form a clubhouse/ Bar/ Restaurant facility; and

(b)       remit to the Head of Legal & Democratic Services to formally conclude a ground lease with Carlton Rock Limited for a period of 125 years at an initial rent of £20,000 p.a. on terms incorporating a range of terms as necessary to protect the Council’s interest including development obligations.

The Committee resolved:-

to approve the recommendations subject to adding the word “golf” before the word “clubhouse” in recommendation (a) above.

- COUNCILLOR WILLIE YOUNG, Convener