Agenda, decisions and minutes

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

http://committees.aberdeencity.gov.uk/ieListDocuments.aspx?CId=146&MId=3826&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 retrospectively altered.

The Convener advised that three long serving employees within Legal Services, namely: Eric Anderson (27 years), Bill Gordon (42 years) and Fiona Selbie (36 years) had recently retired from the Council and he thanked them for their contribution and service to the Council.

The Committee resolved:

to concur with the Convener’s remarks.

The Convener proposed that the Committee consider items 8.1 (Aberdeen Science Centre – Bank Guarantee 2016-2017), 9.1 (Station House Community Centre), 9.2 (Sport Aberdeen – Contract Revision and Extension and Governance Arrangements), 10.1 (Post of Director of Corporate Governance), 10.2 (Corporate Parenting Champions Board – Participation Worker to Support Care Experienced Young People at the Champions Board), 11.1 (Security Guard at the Customer Service Centre), 11.2 (AECC Ltd Service Level Agreement and AECC Operator Procurement), 11.3 (Extension from the Council’s Standing Orders Relating to Contracts and Procurement for the Statutory Annual Inspection and Servicing of School Workshop Technical Equipment), 11.4 (Procurement of Kerbside Mixed Recycling Bins), 11.5 (His Majesty’s Theatre Roof Repair) and 11.6 (Purchase of 2 Caroline Place) 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 32 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 32 (paragraphs 4, 6, 8 and 9), articles 33 (paragraphs 6 and 9), article 34 (paragraphs 8 and 10), article 35 (paragraph 8), article 36 (paragraphs 6 and 9), article 37 (paragraph 8 and 10), article 38 (paragraph 8), article 39 (paragraphs 6 and 9), article 40 (paragraphs 6 and 9), article 41 (paragraph 6) and article 42 (paragraph 1).

The Convener intimated that he had directed in terms of Section 50 (B)(4)(b) of the Local Government (Scotland) Act 1973 that an additional report entitled South of the City Academy – Approval of Early Works be considered on today’s agenda.

The Committee resolved:

to concur with the Convener’s proposal.

The Committee had before it the minute of its previous meeting of 16 February 2016.

The Committee resolved:

to approve the minute as a correct record.

The Committee had before it by way of referral, a report from the Education and Children’s Services Committee of 24 March 2016 recommending the ring fencing of the Developing Young Workforce monies from Council underspends.

The Committee resolved:

to agree to the ring fencing of the Developing Young Workforce monies from Council underspends.

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 note that an information bulletin was available for item 2 (Management of Events and Commercial Lets in Aberdeen’s Parks and Open Spaces) and therefore to remove from the statement;

(ii)          to remove items 3 (Recruitment Advertising Arrangements), 4 (Participatory Budget), 6 (New AECC – Market Testing Exercise), 12 (Scottish Government Grant), 15 (Twinning and International Partnerships), 16 section (a)(Aberdeen Japan Strategy), subject to the decision taken later on today’s agenda;

(iii)         in relation to item 5 (Art Gallery Redevelopment Fundraising), to note that a verbal update would be provided at item 7.1 (Strategic Infrastructure Plan Progress Update), with a report to be submitted to the next meeting of the Committee on 7 June 2016;

(iv)         to transfer item 9 (Removal of 77-79 Bon Accord Street), to the Property Sub Committee and to request that the report to the Sub Committee outlining options for its future use explore whether the property could be used for housing;

(v)          in relation to item 11 (City Region Deal – Financial Implications), to note that a report would be submitted to the next meeting of the Committee on 7 June 2016; and

(vi)         to otherwise note the updates contained therein.

The Committee had before it a report by Interim Director of Corporate Governance which outlined the work undertaken on the individual Service Plans for the Corporate Governance Directorate and Office of Chief Executive.

The report recommended:-

that the Committee note the information contained in the report relating to the development of Service Plans for the Corporate Governance Directorate and Office of Chief Executive.

The Committee resolved:

to approve the recommendations.

With reference to article 6 of the minute of the meeting of the Finance, Policy and Resources Committee of 3 December 2015, the Committee had before it a report by the Interim Director of Corporate Governance which presented revised key performance information for the Corporate Governance Directorate.

The report recommended:-

that the Committee endorse the revised format of the performance report for the Corporate Governance Directorate and the information contained therein.

The Committee resolved:

    (i)        to approve the recommendation; and

  (ii)        to note that that the Directorate continued to review the performance data reported to the Committee.

With reference to article 6 of the minute of the meeting of the Finance, Policy and Resources Committee of 16 February 2016, the Committee had before it a report by the Interim Director of Corporate Governance which advised (1) on the 2015/2016 revenue and capital budget’s financial performance for the period to 29 February 2016; (2) of the forecast outturn position for 2015/2016 for the services within Corporate Governance; (3) of a request to vire £125,000 of the corporate training budget earmarked for health and safety training to the cost centre for health, safety and wellbeing; and (4) on any areas of risk and management action.

The report recommended:-

that the Committee –

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

(b)          approve the request to vire £125,000 from the corporate training budget to the cost centre for health, safety and wellbeing; and

(c)          instruct officers to continue to review budget performance.

The Committee resolved:

to approve the recommendations.

With reference to article 7 of the minute of the meeting of the Finance, Policy and Resources Committee of 16 February 2016, the Committee had before it a report by the Interim Director of Corporate Governance which provided an opportunity to consider the current financial position for the Council and the forecast outturn for the financial year 2015/2016.

The report recommended:-

that the Committee note the financial position contained within the report.

The Committee resolved:

to approve the recommendation.

With reference to article 8 of the minute of the meeting of the Finance, Policy and Resources Committee of 16 February 2016, the Committee had before it a report by the Interim Director of Corporate Governance which outlined the current year’s revenue budget performance for the Common Good Fund and provided a forecast position of the cash balances as at 31 March 2016.

The report recommended:-

that the Committee –

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

(b)       note the estimated cash balances as at 31 March 2016 of £14.6 million based on current estimates, which was within the recommended levels indicated by the Head of Finance; and

(c)        note the position regarding earmarked reserves.

The Committee resolved:-

to approve the recommendations.

The Committee had before it a report by the Interim Director of Corporate Governance which presented (1) recent applications for financial assistance from the financial assistance budget; (2) a revised procedure and funding pack to be followed for Community Gala Grants; (3) an application for gala funding; and (4) a funding pack to be used for financial assistance grants.

The report recommended:-

that the Committee –

(a)          consider the applications received and agree to award small financial assistance grant funding based on the following recommendations:-

·         Airborne Alliance, Aberdeen Branch, for the purchase of a new Standard comprising of flag and pole - £650;

·         VSA, financial assistance towards the costs of holding a Sing, Sing, Sing Event at the Beach Ballroom – a maximum of £1,500;

·         RNLI, financial assistance towards the cost of holding a fund raising May Day Fun Day at the Duthie Park - £506;

·         M56, Tillydrone, to cover the cost of sending an individual to Uganda – a maximum of £1,409;

·         J Duncan, financial assistance towards the cost of a family fundraising event held at the Beach Ballroom – a maximum of £1,500 (to be confirmed);

·         C Campbell on behalf of SANDS, financial assistance towards the cost of holding a fund raising auction at the Beach Ballroom – a maximum of £1,500; and

·         Bon Accord Bowling Association, to cover the cost of coach hire in support of the annual bowling competition between Aberdeen and Dundee for the Meff-Spence Trophy - £477;

(b)          approve the revised procedure and funding pack for Community Gala Grants;

(c)          subject to the approval of recommendation (b) above, consider the gala funding applications received and award funding as deemed appropriate up to a maximum of £2,500; and

(d)          approve the use of the funding pack for Financial Assistance Grants.

The Committee resolved:

    (i)        to approve recommendation (a);

  (ii)        to approve recommendation (b) and to request officers to review the Community Gala Grants application form to include the level of funding requested by the gala;

 (iii)        to award £1600 to the Friends of Duthie Park Open Day;

 (iv)        to defer consideration of the Danestone Gala application to its next meeting on 7 June 2016 to enable officers to clarify whether volunteers were to be paid by the Gala, however should the Gala advise that the application required to be determined prior to 7 June 2016 to agree that the application be submitted to the Council meeting on 11 May 2016 for determination; and

  (v)        to approve the use of the funding pack for Financial Assistance Grants.

The Committee had before it a report by the Interim Director of Corporate Governance which provided an analysis of the 2016/2017 Scottish Government funding settlement showing the allocation of funding on a “per head of population” basis.

The report recommended –

that the Committee note the contents of the report.

The Committee resolved:

  (i)          to note appendix A and B which confirmed Aberdeen City Council (a) was ranked 32^nd out of 32 local authorities and was therefore the lowest funded council in Scotland and (b) received £1440 per head of population compared to Dundee Edinburgh and Glasgow which received £1925 £1456 and £2034 respectively;

 (ii)          to note Appendix C, which confirmed (a) Aberdeen City Council’s position as the 2^nd highest contributor of Non Domestic Rates per head of population to the Scottish Government out of 32 local authorities; and (b) that Aberdeen contributed £942, Dundee £479, Edinburgh £761 and Glasgow £623;

(iii)          to note Appendix D, which confirmed that (a) Aberdeen City Council, received the lowest General Revenue Grant of all local authorities in Scotland from the Scottish Government; (b) Aberdeen received only £498 per head of population from the Scottish Government; (c) the Scottish Government allocated Dundee £1445, Edinburgh £696 and Glasgow £1412 per head of population; and (d) the second lowest funded Council, that being Edinburgh, still received £198 per person more from the Scottish Government than Aberdeen City Council;

(iv)          to note Appendix F, which confirmed that Aberdeen City Council received only 81.75% of the average local authority funding some 3.25% less than what the Scottish Government promised as the minimum 85% floor;

 (v)          to instruct the Chief Executive to send a copy of the report to all community and business partners, including Arm’s Length Organisations, the Chamber of Commerce, Federation of Small Businesses, Scottish Local Government Partnership, COSLA, Scottish Council for Development and Industry, Robert Gordon University, the University of, Aberdeen Inspired and any other organisation that could help lobby the Scottish Government to provide Aberdeen City Council with a fairer settlement; and

(vi)          to instruct the Chief Executive following the Scottish Parliamentary Election to write to the incoming Finance Secretary providing a copy of the report outlining Aberdeen City Council’s financial position as outlined above and seeking a meeting with the Finance Secretary, Aberdeen MSPs and North East Scotland Regional List MSPs, along with the Leader of the Council and the Convener and Vice Convener of Finance Policy and Resources and to confirm the agreed date at the Committee’s meeting on 7 June 2016.

The Committee had before it a report by the Interim Director of Corporate Governance which outlined the current sickness rates across the Council.

The report recommended:-

that the Committee –

(a)       note the current sickness rate; and

(b)       endorse the proposed measures for reducing sickness absence across the Council.

The Committee resolved:

to approve the recommendations.

The Committee had before it a report by the Interim Director of Corporate Governance which sought approval for the amended Working Time policy which required review in order to bring it up-to-date with existing legislation and current practice in the Council.

The report recommended:-

that the Committee approve the revised version of the Working Time policy appended to the report to replace the existing policy.

The Committee resolved:

to approve the recommendation.

The Committee had before it a report by the Interim Director of Corporate Governance which sought approval of the revised Voluntary Severance/Early Retirement policy, which was required following the introduction of the new Local Government Pension Scheme.

The report recommended –

that the Committee approve the revised version of the Voluntary Severance/Early Retirement policy as appended to the report.

The Committee resolved:

to approve the recommendation.

The Committee had before it a report by the Interim Director of Corporate Governance which sought approval of the proposed changes and additions to the existing Special Leave policy.

The report recommended –

that the Committee approve the proposed changes and additions to the Special Leave policy as appended to the report.

The Committee resolved:

(i)         to approve the recommendation; and

(ii)        to request officers to review the provision for foster and kinship carers within the Special Leave policy and report back to the next meeting of the Committee in this regard.

With reference to article 16 of the minute of the meeting of the Finance, policy and Resources Committee of 23 April 2015, the Committee had before it a report by the Interim Director of Corporate Governance which (1) provided an update on the experience of the 12-month trial period of providing in-house recruitment advertising function approved at its meeting in April 2015; and (2) in light of the aforementioned experience, sought approval to retain the council’s recruitment advertising function in-house, managed by the Communications and Promotion Service, Office of Chief Executive.

The report recommended –

that the Committee –

(a)       note the improvement in the provision of recruitment services over the past 12 months by bringing the services back in-house; and

(b)       approve the Council’s recruitment advertising function to be retained in-house on a permanent basis from 1 May 2016.

The Committee resolved:

to approve the recommendations.

With reference to article 12 of the minute of the meeting of the Finance, Policy and Resources Committee of 16 February 2016, the Committee had before it a report by the Director of Communities, Housing and Infrastructure which provided a progress update 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:-

(i)         to approve the recommendation;

(ii)        to instruct the Strategic Infrastructure Plan Programme Manager to ensure that end dates were provided for all projects in the Strategic Infrastructure and Capital Plan Programme dashboard submitted to the next meeting of the Committee in 7 June 2016;

(iii)       to request the Head of Policy, Performance and Resources, Education and Children’s Services, to advise Members, by email, of the costs of storing the museums collection and the date on which the collection will be open to the public;

(iv)       to request the Head of Policy, Performance and Resources, Education and Children’s Services, to advise Members, by email, of the difference between the Art Gallery redevelopment fundraising total reported at the Committee’s meeting on 16 February 2016 and the total as of today; and

(v)        to instruct the interim Director of Corporate Governance to make arrangements to submit a report to the Audit, Risk and Scrutiny Committee in September 2016 in respect of the Third Don Crossing project.

The Committee had before it a report by the Chief Executive which sought approval to procure and implement a new Content Management System (CMS) for the website and intranet that supported the aims of the Council’s plans for Digital Delivery as set out in the refreshed Strategic Business Plan.

The report recommended:-

that the Committee -

(a)       approve the procurement and implementation of a new Content Management System (CMS) for the website and intranet that supported the aims of the Council’s plans for Digital Delivery as set out in the refreshed Strategic Business Plan; and

(b)       approve the intention to consult and engage with the public and other key stakeholders during the design phase of the new CMS in accordance with the Government’s (Digital) Design standards.

The following revised officer recommendations were tabled at the meeting:

(a)       approve the phased works to upgrade the web and intranet plus the procurement and implementation of a new Content Management System (CMS) for a new website and intranet at a combined estimated expenditure of £200,000 as detailed within the report, noting that implementation of the system supports the aims of the Council’s plans for Digital Delivery as set out in the refreshed Strategic Business Plan; and

(b)       approve the intention to consult and engage with the public and other key stakeholders during the design phase of the new CMS in accordance with the Government’s (Digital) Design Standards.

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

that the Committee approve the revised officer recommendations and instruct the Head of Communications and Promotions to (a) provide Members of the Committee with the options appraisal of all options considered in phase 1; and (b) to submit a report with the implementation plan for the project to the next meeting of the Committee on 7 June 2016.

Councillor Dickson, seconded by Councillor Townson moved as an amendment:-

that the Committee –

(1)          instruct the Chief Executive and Director of Corporate Governance to submit a detailed business plan on building a digital future to the next meeting of the Committee;

(2)          authorise the upgrade of the server at a sum of £20,0000; and

(3)          approve the intention to consult and engage with the public and other key stakeholders during the design phase of the new CMS in accordance with the Government’s (Digital) Design Standards.

On a division, there voted:- for the motion (9) – the Convener, the Vice-Convener and Councillors Allan, Donnelly, Ironside, Laing, Milne, Reynolds, and Taylor; for the amendment (8) – Councillors Cameron, Copland, Dickson, Flynn, Nicoll, Jennifer Stewart, Townson and Yuill.

The Committee resolved:

to adopt the motion.

The Committee had before it a report by the Interim Director of Corporate Governance which sought approval for a digital connectivity programme, (overview diagram in Appendix 1) and the associated steps required to implement this strategy.

The report recommended:-

that the Committee -

(a)       approve the digital connectivity programme and the associated steps required to implement the strategy in accordance with the detail contained in the report;

(b)       instruct the Head of IT and Transformation to procure and implement free public access Wi-Fi within the city centre; and

(c)        delegate authority to the Head of IT and Transformation and the Head of Legal and Democratic Services to conclude negotiations for the SWAN contract to provide the potential of 1 GB fibre connectivity to council premises and note the potential of this to drive additional private sector investment across the city.

The Committee resolved:

to approve the recommendations.

With reference to article 15 of the minute of the meeting of the Finance, Policy and Resources Committee of 16 February 2016, the Committee had before it a report by the Director of Communities, Housing and Infrastructure which advised of the activity taken to organise the ‘Glover Club’ as outlined within the strategy for local businesses interested in trading with Japan.

The report recommended:-

that the Committee -

(a)       note the activity undertaken to date; and

(b)       approve the initial planned activity for 2016/2017.

The Committee resolved:

to approve the recommendations.

With reference to article 7 of the minute of the meeting of the Finance, Policy and Resources Committee of 9 June 2015, the Committee had before it a report by the Director of Communities, Housing and Infrastructure which provided an update on the effectiveness and impact of participatory budgeting allocation of £100,000.

The report recommended:-

that the Committee -

(a)       note the report; and

(b)       request officers to develop a Corporate Policy for participatory budgeting and report this to the Committee.

The Committee resolved:

to approve the recommendations.

With reference to article 13 of the minute of the meeting of the Finance, Policy and Resources Committee of 16 February 2016, the Committee had before it a report by the Chief Executive which presented applications received for financial assistance from the International Twinning Budget 2016/2017.

The report recommended:-

that the Committee approve the following grants from the International Twinning Budget 2016/2017 -

(a)          a contribution of £10,000 towards the development of an arts project between Aberdeen and Stavanger which would culminate in public engagement activities at SPECTRA 2017, April 2016 – March 2017;

(b)          a contribution of £500 towards the cost of a musician from Aberdeen performing at Regensburg Jazz Festival, 3-10 July 2016;

(c)          a contribution of £1,800 towards a delegation from Aberdeen attending an art symposium in Regensburg, 20-25 August 2016;

(d)          a contribution of £2,300 towards the participation of a Bavarian Brass Band from Regensburg at Celebrate Aberdeen Weekend, 26-28 August 2016;

(e)          a contribution of £10,000 towards a traditional music project for young people from Aberdeen, Clermont-Ferrand and Regensburg, April-November 2016; and

(f)           a contribution of £8,200 towards a project with a choir from Stavanger at Sound 2016 (October 2016) and the creation of a residency project for musicians from Aberdeen and Clermont-Ferrand (January 2017) which would culminate in a performance at Sound 2017.

The Committee resolved:

to approve the recommendations.

The Committee had before it a report by the Chief Executive which presented the annual review of the Twinning and International Partnerships Programme in 2015/2016 and outlined objectives for 2016/2017.

The report recommended:-

that the Committee note details of the Twinning and International Partnerships Programme in 2015/2016 and the objectives identified for 2016/2017.

The Committee resolved:

(i)         to approve the recommendations; and

(ii)        to request the Twinning and International Partnerships Officer to review the application criteria in respect of salaries and the maximum 50% funding allocation.

The Committee had before it a report by the Chief Executive which presented feedback from the 2015 Offshore Europe (OE) event; detailed the Council’s involvement in OE17 and the cost implications of participating in the conference and exhibition and the activities to be undertaken in support of the event.

The report recommended:-

that the Committee –

(a)       note the content of the report; and

(b)       approve the Council’s involvement in the exhibition in 2017 at a cost of £90,000 and note that the expenditure in 2016/2017 for the event was contained within the Office of the Chief Executive budget approved by Council in February 2016 and that the expenditure in 2017/2018 would be subject to the normal budgetary approval process in February 2017.

The Committee resolved:

to approve the recommendations.

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 as approval was required to allow the work associated with the Winter Festival 2016 to commence and to provide adequate time for planning, development of the programme and delivery.

DECLARATIONS OF INTEREST

Councillor Laing declared an interest by virtue of her position as a Council appointed member of the Board of Aberdeen Inspired.  Councillor Laing considered that the nature of her interest required her to leave the meeting and took no part in the Committee’s deliberations thereon.  Councillor Laing was substituted by Councillor Carle for this item only.

With reference to article 29 of the minute of the meeting of the Finance, Policy and Resources Committee of 15 September 2015, the Committee had before it a report by the Chief Executive which provided feedback following the delivery of the Christmas Village on Union terrace from 25 November 2015 to 3 January 2016 and presented information on the proposed events for the Winter Festival in 2016.

The report recommended:-

that the Committee –

(a)          note the feedback from the Christmas Village 2015;

(b)          approve financial support of £132,750 to Aberdeen Inspired for the Christmas Village 2016 on Union Terrace, subject to a Service Provision Agreement to be entered into between Aberdeen City Council and Aberdeen Inspired;

(c)          note the in-kind costs to the relevant Services as set out in paragraph 3 of the report and to approve the in kind service support of £55,000 to cover road services, cleansing and environmental services activities for the Christmas Village in 2016;

(d)          delegate authority to the Head of Legal and Democratic Services to enter into a Service Provision Agreement with Aberdeen Inspired in accordance with the Committee’s decision; and

(e)          instruct officers to investigate other activities that could feature as part of the Winter Festival in Aberdeen.

At this juncture, the Committee requested details of the income and expenditure of the Christmas Village 2015 prior to determining this report. Officers advised that in terms of paragraph 6 of Schedule 7(A) of Section 50(A)(4) of the Local Government (Scotland) Act 1973 the requested information was exempt information and should not be considered with the press and public present.

The Committee resolved:

in terms of paragraph 6 of Schedule 7(A) of Section 50(A)(4) of the Local Government (Scotland) Act 1973, to consider the appendix containing financial information regarding the Christmas Village 2015 later on the agenda with the press and public excluded and that a decision on the report be taken at that time.

The Committee had before it a report by the Interim Director of Corporate Governance which advised of the requirement to undertake re-enrolment (a statutory duty which involved assessing the workforce to identify those who qualified to be re-enrolled to the Council’s pension schemes) with the re-enrolment date to be 1 June 2016.

The report recommended –

that the Committee note the content of the report and instruct officers to proceed with the implementation of re-enrolment, reporting back to the Committee in December 2016.

The Committee resolved:

to approve the recommendation.

The Committee had before it a report by the Director of Communities, Housing and Infrastructure which presented the business case for the Council’s participation in the Fuel Cell Hydrogen Joint Undertakings (FCHJU) Fuel Cell Bus Commercialisation Project, which aimed to introduce additional vehicles into the City’s hydrogen fuel cell bus fleet.

The report recommended:

that the Committee -

(a)       agree to the Council’s participation, in principle, in the FCHJU Fuel Cell Commercialisation Project for ten hydrogen fuel cell buses; and

(b)       to instruct the Director of Communities, Housing and Infrastructure to report back to Finance, Policy and Resource Committee with confirmation that external match funding was secured for the project.

The Committee resolved:

(i)         to approve the recommendations; and

(ii)        to instruct the Director of Communities, Housing and Infrastructure to explore the possibility of increasing the number of buses if match funding could be secured and to report back to the next meeting of the Committee on 7 June 2016 in this regard.

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 as the report was scheduled to be reported in November 2015, however further consultation was required and a decision is now required on this matter.

DECLARATION OF INTERESTS

Councillor Dickson declared an interest in relation to the following item of business by virtue of his position as a Council appointed Director to the Board of Sport Aberdeen, and considered that the nature of his interest required him to leave the meeting and took no part in the Committee’s deliberations thereon.

Councillor Donnelly also declared an interest by virtue of his position as a Council appointed Director to the Board of Sport Aberdeen but chose to remain in the meeting as Sport Aberdeen was a body being a company established wholly or mainly for the purpose of providing services to the local authority, and which had entered into a contractual arrangement with the local authority for the supply of goods and/or services to the local authority, as set out in paragraph 5.18(2)(d)(i) and (ii) of the Councillors’ Code of Conduct.

With reference to article 5(B) of the minute of the meeting of the Education and Children’s Services Committee of 29 January 2015, the Committee had before it a report by the Director of Education and Children’s Services which provided an update on the actions taken with Sport Aberdeen since it was agreed to (a) amend the existing contract agreement with Sport Aberdeen to reflect the additional functions of the sports team; and (b) undertake a broader review of the existing contract agreement with a view to strengthen further the system of governance of Sport Aberdeen.

The report recommended:-

that the Committee –

(a)          delegate authority to the Head of Legal and Democratic Services to amend the contract between the Council and Sport Aberdeen to include the functions which were set out in paragraph 5.3 of the report;

(b)          delegate authority to the Head of Finance to provide a bank guarantee on behalf of the Council to Sport Aberdeen to a maximum of £5 million over a 5 year period for investment in Council leisure facilities, subject to completion of the Review of Leisure Assets and submission of a report to the 7 June 2016 meeting of this Committee;

(c)          approve the recommendation to allow the Board of Sport Aberdeen to assume responsibility for replacing any Board members following their due processes for such appointments, with such appointments then being notified to Council through Information Bulletin reports;

(d)          note the governance arrangements outlined to review the performance of Sport Aberdeen;

(e)          note the progress of the Active Aberdeen Partnership;

(f)           agree that Sport Aberdeen lead and complete the review of the Access to Leisure Programme and that the Director of Education and Children’s Services report to the Finance, Policy and Resources Committee meeting on 20 September 2016 to provide an update on the review;

(g)          note that a cross service review of lettings of Council facilities was underway and the outcomes would be reported to the Education and Children’s Services Committee at its September 2016 meeting; and

(h)          otherwise note the content of the report.

The Committee resolved:

to approve the recommendations.

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 as approval was required by the week commencing 18 April 2016 to enable the early works agreement to be concluded and start on site on 9 May 2016.

With reference to (1) article 2 of the minute of the meeting of Council of 25 February 2016; and (2) article 6 of the minute of the meeting of the Finance, Policy and Resources Committee of 4 December 2014, the Committee had before it a tabled report by the Director of Education and Children’s Services which provided an update on progress made with delivering the new South of the City Academy and sought approval for the Council to enter into an early works agreement prior to reaching financial close.

The report recommended:-

that the Committee -

(a)          note the progress made in delivering the new Academy;

(b)          note that the final Stage 2 submission was expected to be received from the Board of Hub North Scotland Ltd on Friday 29 April 2016 with financial close scheduled for 6 June 2016;

(c)          agree to the Council entering into an early works agreement with Hub North Scotland Ltd or the sub-Hubco company created for the new Academy project to a maximum value of £2.95 million on such terms and conditions as determined by the Head of Legal and Democratic Services;

(d)          instruct the Head of Legal and Democratic Services to prepare and sign the Letter of Intent which would set the scope and cost of the works;

(e)          instruct the Director of Education and Children’s Services to prepare a further report on the Stage 2 submission when received, including commentary on best value which would be provided by Scottish Futures Trust (SFT) and the Council’s external technical advisors, AECOM; and

(f)           otherwise note the contents of the report.

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.

The Committee had before it a report by the Director of Education and Children’s Services which sought approval for entering into a new one-year Bank Guarantee arrangement with the Bank of Scotland in support of Aberdeen Science Centre’s (formerly known as Satrosphere) financial position, linked to the establishment of the Strategic Partnership Agreement between the Council and Aberdeen Science Centre.

The report recommended:-

that the Committee approve entry by the Council into a new Bank Guarantee arrangement with Bank of Scotland, in support of Aberdeen Science Centre’s

overdraft and card guarantee facility, at the level detailed in the report from 1April 2016 to 31 March 2017.

The Committee resolved:

to approve the recommendation.

With reference to article 25 of the minute of the meeting of the Finance, Policy and Resources Committee of 3 December 2015, which provided an update in relation to the long term occupation of Station House Community Centre by the charitable organisation Station House Media Unit (shmu).

The report recommended:-

that the Committee -

(a)       accept the offer of the grant in principal and the inclusion of the project in the capital programme; and

(b)       approve the estimated expenditure as detailed in the report and instruct officers to enter into a competitive tendering process.

The Committee resolved:

to approve the recommendations.

The Committee had before it a report by the Director of Education and Children’s Services which sought approval to waive the need for a competitive procurement for the Who Cares? proposal.

The report recommended:-

that the Committee –

(a)       note the information contained within the report;

(b)       approve the invoking of Standing Order 1(6)(a) and thereby waive the need for a competitive procurement on the grounds that the exemption was justified by special circumstances as detailed in the report;

(c)        approve the Who Cares? Scotland proposal for a period of 3 years; and

(d)       approve the expenditure as detailed in the report over 3 years.

The Committee resolved:

to approve the recommendations.

The Committee had before it a report by the Interim Director of Corporate Governance which sought approval to spend and procure in relation to the provision of security personnel at Marischal College Customer Service Centre.

The report recommended:-

that the Committee approve the expenditure as detailed in the report per annum on provision of Security Industry Authority [SIA] licensed personnel through an agency for the purposes of security at Marischal College, and the procurement thereof.

The Committee resolved:

to approve the recommendation.

DECLARATIONS OF INTEREST

Councillors Donnelly and Reynolds declared interests by virtue of their position as Council appointed Directors to the Board of AECC but chose to remain in the meeting as AECC Limited was a body being a company established wholly or mainly for the purpose of providing services to the local authority, and which had entered into a contractual arrangement with the local authority for the supply of goods and/or services to the local authority, as set out in paragraph 5.18(2)(d)(i) and (ii) of the Councillors’ Code of Conduct.

With reference to article 37 of the minute of the meeting of the Finance, Policy and Resources Committee of 15 September 2015, the Committee had before it a report by the Director of Communities, Housing and Infrastructure which (a) outlined the procurement scope, options and process to appoint an operator for the existing and New Aberdeen Exhibition and Conference Centre (AECC); (b) sought agreement to include the operation and maintenance of the existing AECC facility within the scope of the AECC operator procurement; and (c) sought approval to enter into a Service Level Agreement with AECC Ltd for the 2016/2017 financial year.

The report recommended:-

that the Committee –

(a)       approve the Service Level Agreement between the Council and AECC Ltd for the operation of the AECC for the 2016/2017 financial year;

(b)       instruct officers to include the operation and maintenance of the existing AECC facility within the scope of the new operator procurement; and

(c)        note that a report recommending the preferred bidder after completion of the procurement process would be submitted to the Committee for consideration.

The Committee resolved:

to approve the recommendations.

The Committee had before it a report by the Director of Education and Children Services which advised of a request under Standing Order 1 (6)(b), for an exemption from the Council’s Standing Orders relating to Contracts and Procurement in relation to the contract for statutory annual inspection and servicing of school workshop technical equipment between January and March 2016. The exemption request was approved on 20 January 2016.

The report recommended:-

that the Committee note the contents of this report and the reasons behind requesting the exemption from the relevant standing orders.

The Committee resolved:

to approve the recommendation.

The Committee had before it a report by the Director of Communities, Housing and Infrastructure which sought approval to proceed with procurement of seventy thousand 180 litre wheeled bins and the delivery of a re-designation service for residents’ current 240 litre bins.  Approval of this procurement would enable the rollout of a comprehensive kerbside mixed recycling service.

The report recommended:-

that the Committee -

(a)       approve procurement of seventy thousand 180 litre wheeled bins and bin re-designation service to be delivered over a three month period; and

(b)       approve the total estimated expenditure as detailed in the report over the contract period, based on market analysis.

The Committee resolved:

to approve the recommendation.

DECLARATION OF INTEREST

Councillor Donnelly declared an interest by virtue of his position as Council appointed Directors to the Board of Aberdeen Performing Arts (APA) but chose to remain in the meeting as APA was a body being a company established wholly or mainly for the purpose of providing services to the local authority, and which had entered into a contractual arrangement with the local authority for the supply of goods and/or services to the local authority, as set out in paragraph 5.18(2)(d)(i) and (ii) of the Councillors’ Code of Conduct.

The Committee had before it a report by the Director of Communities, Housing and Infrastructure which advised of a request from Aberdeen Performing Arts (APA) for financial assistance towards roof repairs at His Majesty’s Theatre.

The report recommended:-

that the Committee agree that an additional grant of up to £288,000 be made available to Aberdeen Performing Arts to undertake roof repairs at His Majesty’s Theatre.

The Committee resolved:

(i)         to approve the recommendation; and

(ii)        to request the Director of Communities, Housing and Environment to submit a report regarding the policy in respect of repairs of all leased properties.

The Committee had before it a report by the Director of Communities, Housing and Infrastructure which advised of the provisional agreement reached with the owner of 2 Caroline Place over the potential purchase of the property in order to assist with the proposed Berryden Road Improvement Scheme and sought authority to progress with the purchase.

The report recommended:-

that the Committee note the content of the report and authorise officers to instruct the Head of Legal and Democratic Services to purchase the property at 2 Caroline Place for the terms outlined within the report incorporating other terms as necessary to protect the Council’s interest.

The Committee resolved:

to approve the recommendations.

DECLARATION OF INTEREST

Councillor Laing declared an interest by virtue of her position as a Council appointed member of the Board of Aberdeen Inspired.  Councillor Laing considered that the nature of her interest required her to leave the meeting and took no part in the Committee’s deliberations thereon.  Councillor Laing was substituted by Councillor Carle for this item.

With reference to article 27 of this minute, the Committee had before it a tabled spreadsheet detailing the income and expenditure of the Christmas Village 2015.

The Committee resolved:

(i)         to suspend standing order 30(2);

(ii)        to note the feedback from the Christmas Village 2015;

(iii)       to approve the establishment of a Winter Festival Working Group to include 1 Member from each political group, as well as Members from Aberdeen Inspired and other relevant organisations, led by Councillor Boulton, to discuss the programme of events for winter 2016, budget, city centre event locations and 3-5 year support. The Working Group to provide a detailed report to Finance, Policy and Resources Committee on Tuesday 7 June 2016 on the proposed winter festival programme for agreement or otherwise by Committee;

(iv)       to note the in-kind costs to the relevant Services as set out in paragraph 3 and to approve the in kind service support of £55,000 to cover road services, cleansing and environmental services activities for the Christmas Village in 2015;

(v)        to delegate authority to the Head of Legal and Democratic Services to enter into a Service Provision Agreement with Aberdeen Inspired in accordance with the Committee’s decision to be taken on 7 June 2016;

(vi)       to request the Head of Communications and Promotions to provide Members, by email, with details of the number of local businesses involved in the Christmas Village and Winter Festival 2015;  and

(vii)      to request the Head of Communications and Promotions to provide Members, by email, with a breakdown of the gross revenue of all components of the Christmas Village and Winter Festival 2015 where possible.

With reference to article 15 of the minute of the meeting of Council of 8 October 2015, the Committee had before it a report by the Chief Executive which presented options for the recruitment to the permanent post of Director of Corporate Governance and recommended that actions were taken to fill the post on a permanent basis earlier than initially planned.

The report recommended:-

that the Committee -

(a)          agree that the Chief Executive extend the duration of the Interim Director of CG’s contract until the end of October 2016,

(b)          agree that the Chief Executive commence a recruitment and selection process for the permanent filling of the post in accordance with the indicative timeline set out in the report;

(c)          reaffirm the decision of Council taken on 20 August 2014 to approve the establishment of an Appointment Panel, comprising nine members in total (3+3+1+1+1) to appoint to the vacant post of Director of Corporate Governance and to appoint, as part of the membership, the Convener of Finance, Policy and Resources as Convener of this Appointment Panel and to approve the appointment of external recruitment consultants for the purpose;

(d)          reaffirm the decision of the Appointment Panel taken on 28 August 2014 to agree the process for filling the post and to delegate the finer detail (e.g. the timeline) to the Chief Executive and Head of Human Resources and Customer Services in conjunction with the Convener of the Appointment Panel; and 

(e)          approve the job profile and the salary for the post (uprated with pay awards to £114,853 with effect from 1 April 2016).

The Committee resolved:

to approve the recommendations.

- COUNCILLOR YOUNG, Convener