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=3904&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 Committee heard from the Convener who made the following announcements:

(1)       The Standards Commission had concluded that there had been no breach of the Code of Conduct by the Councillors reported regarding claims they had colluded to approve the Marischal Square project;

(2)       Congratulations to Mark McDonald MSP, Kevin Stewart MSP and Maureen Watt MSP on their appointment as Scottish Government Ministers; and

(3)       Congratulations to Sean Cremer from the Council’s Finance team who was this year’s top-scoring local government student in the Cipfa (Chartered Institute of Public Finance and Accountancy) final examinations and as result was presented with the Archie Gillespie Memorial Award by the Cipfa President at the recent graduation ceremony.

The Convener proposed that the Committee consider items 9.1 (Aberdeen Renewable Energy Group Agreement), 9.2 (General Stationery and Office Paper Framework), 9.5 (Property Update Report), 9.6 (Procurement – Appointment of Term Contractors for Property Consultancy Services), 9.7 (Gospel Hall, New Pier Road, Footdee – Proposed Community Asset Transfer), 9.9 (Irritancy of Registerable leases – Site at Sclattie Quarry) and 9.10 (Site 10 Whitemyres Avenue and Site 16 Lang Stracht) 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 9.1 of the agenda (article 28 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 28 (paragraphs 6 and 9), article 29 (paragraphs 8 and 9), article 30 (paragraphs 6 and 9), article 31 (paragraph 9), article 32 (paragraph 9), article 33 (paragraphs 6 and 9), article 34 (paragraph 6), and article 35 (paragraphs 6, 8 and 9).

The Committee had before it the minute of its previous meeting of 19 April 2016.

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 7 (Poverty Alliance Scotland), 8 (Community Empowerment Act – Non Domestic Rates) and 30 (Greenferns Farm – Surrender of Agricultural Lease);

(ii)        to remove items 2 (Art Gallery Redevelopment Fundraising), 3 (Thomas Blake Glover House – Alternative Uses of the Property), 12 (Twinning and International Partnerships), 14 (PVG Checks – Cross Service Recruitment Procedures), 16 (Small Financial Assistance Grants and Gala Funding 2016/2017), 18 (Special Leave Policy), 23 resolution (i) (Sport Aberdeen – Contract Revision and Governance Arrangements), 27 (Christmas Village and Winter Festival 2016) and 29 (Ferryhill Engine Shed – Lease), subject to the decision taken later on today’s agenda;

(iii)       to otherwise note the updates contained therein.

DECLARATIONS OF INTEREST

The Vice Convener and Councillor Dickson declared an interest in relation to the following item of business by virtue of their position as Council appointed Directors to the Board of Sport Aberdeen, and considered that the nature of their interests required them to leave the meeting and they took no part in the Committee’s deliberations thereon.  The Vice Convener was substituted by Councillor Grant for this item of business only.

“That Officers identify possible funding streams that may be available to provide funding to Sport Aberdeen to ensure that the Kincorth swimming pool can remain open to the public until the new ‘South of the City’ Academy has been built.

That Officers investigate the possibility of providing a previously removed utilities rebate to sport Aberdeen in order to keep Hazlehead swimming pool open whilst a full assessment is undertaken into its future viability.”

The Committee had before it the following notice of motion by Councillor Flynn:

That the Committee:

(1)       instruct officers to identify possible funding streams that might be available to provide funding to Sport Aberdeen to ensure that the Kincorth swimming pool could remain open to the public until the new ‘South of the City’ Academy had been built; and

(2)       instruct officers to investigate the possibility of providing a previously removed utilities rebate to Sport Aberdeen in order to keep Hazlehead swimming pool open whilst a full assessment is undertaken into its future viability.

In accordance with Standing Order 21(6), Councillor Flynn with the Convener’s consent amended the wording of the motion to the following:

That the Committee:

(1)       instruct officers to identify possible funding streams that might be available to provide funding to Sport Aberdeen to ensure that the Kincorth swimming pool could remain open to the public until the new ‘South of the City’ Academy had been built and in the interim, for the year 2016/17, to agree to provide funding of £148,296 from contingencies to continue the operation of the pool;

(2)       instruct officers to investigate the possibility of providing a previously removed utilities rebate to Sport Aberdeen in order to keep Hazlehead swimming pool open whilst a full assessment was undertaken into its future viability and to instruct that a full report on the viability of returning the rebate be submitted to the next meeting of Finance, Policy and Resources; and

(3)       request Sport Aberdeen to undertake the viability assessment once a decision had been made regarding the funding source and in the interim, for the year 2016/17, to agree to provide funding of £196,575 from contingencies to continue the operation of the pool.

Councillor Flynn moved, seconded by Councillor Corall:-

That the Committee approve the terms of the amended motion.

The Convener moved as an amendment, seconded by Councillor Allan:-

That the Committee –

(1)       note the position adopted by the SNP at the Council budget meeting in February 2016 to reduce funding to Sport Aberdeen by £405,000;

(2)       note the decision taken by the SNP administration in 2010 to outsource Sport in Aberdeen, to Sport Aberdeen;

(3)       agree that Sport Aberdeen had net current assets of around £2m, which would allow Sport Aberdeen to keep both Kincorth and Hazlehead swimming pools open until the new South of the City School was open, and until any assessment Sport Aberdeen intended to take in relation to the future viability of Hazlehead swimming pool; and

(4)       agree that the Council having passed control over sport to Sport Aberdeen it was for Sport Aberdeen to determine how it ran its business.

On a division, there voted:- for the motion (8) – Councillors Cameron, Corall, Flynn, Greig, Nicoll, Noble, Jennifer Stewart and Yuill; for the amendment (9) – the Convener, and Councillors Allan, Cooney, Crockett, Grant, Ironside, Laing, Milne and Taylor.

The Committee resolved:

to adopt the amendment.

DECLARATIONS OF INTEREST

Prior to consideration of the following item, the Vice Convener and Councillor Dickson declared an interest in relation to the following item of business by virtue of their position as Council appointed Directors to the Board of Sport Aberdeen, and considered that the nature of their interests required them to leave the meeting and they took no part in the Committee’s deliberations thereon.  The Vice Convener was substituted by Councillor Grant and Councillor Dickson was substituted by Councillor Copland for this item of business only.

That this Council:-

(1)          Expresses concern at the manner in which Sport Aberdeen decided to close Hazlehead and Kincorth swimming pools, both of which are much valued community amenities, without any public consultation;

(2)          Requests Sport Aberdeen - an ALEO - to keep these swimming pools open, carry out a full public consultation on their future and ?publish the results of that consultation before making any final decision on the future use of Hazlehead and Kincorth swimming pools; and

(3)          Provides funding of £405,000 from contingency in 2016/17 to offset the saving approved in setting the budget and future years funding be considered as part of the budget setting process to allow an assessment of the South of the City school build which includes a swimming pool facility.

The Committee had before it the following joint notice of motion by Councillors Greig and Jennifer Stewart:

That the Committee:-

(1)       express concern at the manner in which Sport Aberdeen had decided to close Hazlehead and Kincorth swimming pools, both of which were much valued community amenities, without any public consultation;

(2)       request Sport Aberdeen - an ALEO - to keep these swimming pools open, carry out a full public consultation on their future and ?publish the results of that consultation before making any final decision on the future use of Hazlehead and Kincorth swimming pools; and

(3)       provide funding of £405,000 from contingency in 2016/2017 to offset the saving approved in setting the budget and future years funding be considered as part of the budget setting process to allow an assessment of the South of the City school build which included a swimming pool facility.

Councillor Greig moved, seconded by Councillor Jennifer Stewart:-

That the Committee approve the terms of the motion.

The Convener moved as an amendment, seconded by Councillor Allan:-

That the Committee –

(1)       agree to note the position adopted by the Liberal Democrats at the Council budget meeting in February 2016 to reduce funding to Sport Aberdeen by £250,000;

(2)       note the decision taken by the SNP/Liberal Democrats administration in 2010 to outsource sport in Aberdeen, to Sport Aberdeen;

(3)       agree that Sport Aberdeen had reserves of around £2million, which would allow Sport Aberdeen to keep both Kincorth and Hazlehead swimming pools open until the new South of the City School was open, and until any assessment Sport Aberdeen intended to take in relation to the future viability of Hazlehead swimming pool; and

(4)       agree that the Council having passed control over sport to Sport Aberdeen it was for Sport Aberdeen to determine how it ran its business.

On a division, there voted:- for the motion (9) – Councillors Cameron, Copland, Corall, Flynn, Greig, Nicoll, Noble, Jennifer Stewart and Yuill; for the amendment (9) – the Convener, and Councillors Allan, Cooney, Crockett, Grant, Ironside, Laing, Milne, and Taylor.

There being an equality of votes, in terms of Standing Order 15(5), the Convener exercised his casting vote in favour of the amendment.

The Committee resolved:

to adopt the amendment.

In terms of Standing Order 36(3), Councillor Yuill intimated he would like this matter to be referred to full Council in order for a final decision to be taken.  Councillor Yuill was supported by Councillors Cameron, Copland, Corall, Flynn, Greig, Nicoll, Noble and Jennifer Stewart.

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 with relevant stakeholders 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.

(A)       Councillor Dickson moved as a procedural motion, seconded by Councillor Nicoll:-

that the report should not be considered today.

On a division, there voted:- for the procedural motion (7) - Councillors Cameron, Corall, Dickson, Flynn, Nicoll, Noble and Yuill; against the procedural motion (10) - Convener; the Vice Convener; and Councillors Allan, Carle, Cooney, Crockett, Ironside, Milne, Jennifer Stewart and Taylor.

The Committee resolved:

to reject the procedural motion and thereby consider the report today.

(B)       With reference to articles 27 and 41 of the minute of the meeting of the Finance, Policy and Resources Committee of 19 April 2016, the Committee had before it a report by the Chief Executive which provided details on the Christmas Village proposed for Union Terrace and information on the additional activities programme for the Winter Festival in 2016.

The report recommended:-

that the Committee –

(a)       approve financial support of £150,000 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;

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

(c)        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;

(d)       agree to enter into a three-year relationship with Aberdeen Inspired to grow and develop a Christmas Village in future years subject to the normal budget process; and

(e)       approve additional financial support of £25,000 to support the delivery of Aberdeen’s annual Hogmanay celebrations.

The Convener, seconded by the Vice-Convener moved:

that the Committee approve the recommendations as contained in the report and approve financial support of up to £100,000 from underspend or contingencies to deliver additional festive activities outlined in the report and expenditure be delegated for final approval to the Head of Communications and Promotion in conjunction with the Depute Leader of the Council.

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

that the Committee defer making a decision on the report until after a decision had been taken by full Council on 29 June 2016 on the preferred option for enhancing Broad Street as a public realm place had been taken.

On a division, there voted:- for the motion (9) – the Convener, the Vice-Convener and Councillors Allan, Carle, Cooney, Crockett, Ironside, Milne 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 Chief Executive which advised of the revision of the Council’s corporate performance management framework, in particular, the changes to the reporting of performance information to elected members.

The report recommended:-

that the Committee note the development of a new corporate performance management framework and the resulting revised arrangements for reporting performance information to Committees.

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 19 April 2016, the Committee had before it a report by the Interim Director of Corporate Governance which presented key performance information for the Corporate Governance Directorate.

The report recommended:-

that the Committee note the performance report for the Corporate Governance Directorate and the information contained therein.

The Committee resolved:

(i)         to approve the recommendation; and

(ii)        to request the Interim Director of Corporate Governance to include the performance data regarding late Committee reports for all services as a comparator within future performance reports.

With reference to article 9 of the minute of the meeting of the Finance, Policy and Resources Committee of 19 April 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 31 March 2016; and (2) 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; and

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

The Committee resolved:

(i)         to approve the recommendations; and

(ii)        to instruct the Head of Finance to advise the Committee, by way of email, of the actual total spend on consultants for the year.

With reference to article 11 of the minute of the meeting of the Finance, Policy and Resources Committee of 19 April 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 income and expenditure position as at 31 March 2016;

(b)       note the estimated cash balances as at 31 March 2016 of £15.3 million based on current estimates, which was within the recommended levels indicated by the Head of Finance; and

(c)        agree to carry forward £492,000 of the 2015/2016 budget underspends in earmarked reserves to allow the completion of park and property maintenance and development projects in future years.

The Committee resolved:

to approve the recommendations.

DECLARATIONS OF INTEREST

During consideration of the following item, specifically the procedural motion by Councillor Yuill, the Vice Convener and Councillor Dickson declared an interest by virtue of their position as Council appointed Directors to the Board of Sport Aberdeen.  Councillor Dickson considered that the nature of his interest required them to leave the meeting for that section and he took no part in the Committee’s deliberations.  The Vice Convener did not consider his interest required him to leave the meeting.

With reference to article 10 of the minute of the meeting of the Finance, Policy and Resources Committee of 19 April 2016, the Committee had before it a report by the Interim Director of Corporate Governance which provided (1) an opportunity to consider the financial position for the financial year 2015/2016; and (2) an overview of the year-end financial position and the provisions and reserves of the Council as at 31 March 2016.

The report recommended:-

that the Committee -

(a)       note the current final outturn for the various Council accounts for the financial year 2015/16, subject to committee approval;

(b)       approve the various transfers between Council accounts and earmarked sums for the General Fund, Common Good and Housing Revenue Account as at 31 March 2016 as detailed in paragraphs 5.2.17, 5.4.3 and 5.5.5;

(c)        approve the working balances of the General Fund, Housing Revenue Account and Common Good as detailed in paragraphs 5.2.17, 5.4.3 and 5.5.5;

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

(e)       note that the unaudited Annual Accounts for 2015/16 would 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:-

that the Committee –

(1)       approve the recommendations; and

(2)       approve the following funding allocations:

·         new kitchen for Danestone Community Centre - £16,000

·         new carpets for Cummings Park Flat - £4,000

·         new play equipment at Westerton of Auchmill (Bonnyview Road) - £30,000

·         Printfield Community Project Crèche Development - £5,000

·         Cornhill Community Centre Adult Learning - £5,000

·         Cairncry Community Centre - replacement of furniture - £4,000

·         Tillydrone Community Development Trust - £12,000

·         Seaton Park upgrade - £55,000

·         Tillydrone Vision - £10,000

·         Westburn Park cycle track restoration - £29,000

·         Skene Street play park upgrade - £7,000

·         new shed at St Clements Court - £500

·         upgrade to Johnston Gardens - £12,500

·         play equipment for Allan Park, Cults - £60,000

·         play equipment for Crown Terrace Park - £15,000

·         upgrade of CCTV Balnagask Community Centre - £2,000

·         youth bus for Torry Community Centre - £20,000

·         new Boiler Ferryhill Community Centre - £20,000

·         additional grant AIYF - £20,000

·         off road motorcycle project - £10,000

·         Northfield Academy fire work display - £750

·         replace defunct security camera system at Kincorth Shopping Centre - £5,000

·         provide a bench at 4 Play areas - £3,000

·         upgrade play area at Findon Ness - £25,000

·         upgrade to the road at the Torry Battery - £193,050

·         upgrade to play park at Seaview Place, Bridge of Don - £30,000

·         to cover the legal costs for gifted landed from Culter House Estate in Culter to the Community Council - £5,000

·         support for Milltimber Play Group outdoor forest - £1,200

Total spend - £600,000

Councillor Yuill moved as a procedural motion, seconded by Councillor Jennifer Stewart:-

that standing order 22(1) be suspended to enable him to submit an amendment regarding  ...  view the full minutes text for item 12.

With reference to article 12 of the minute of the Finance, Policy and Resources Committee of 19 April 2016, the Committee had before it a report by the Interim Director of Corporate Governance which provided an update on Treasury Management activities undertaken during the 2015/2016 financial year.

The report recommended:-

that the Committee –

(a)       note the Treasury Management activities undertaken in the 2015/2016 financial year as detailed in the report; and

(b)       recommend to Council that it also note the Treasury Management activities undertaken in the 2015/2016 financial year.

The Committee resolved:

to approve the recommendations.

With reference to article 12 of the minute of the Finance, Policy and Resources Committee of 19 April 2016, the Committee had before it a report by the Interim Director of Corporate Governance which presented recent applications for financial assistance from the financial assistance/gala budget.

The report recommended:-

that the Committee consider the applications received and agree to award funding based on the recommendations contained within the highlighted column in part A of the table below:-

The Committee resolved:

(i)         to agree to award small financial assistance grant funding of £1500 to Friends of Anchor, Courage on the Catwalk 2016 event;

(ii)        to agree to award community gala grants to:

·         Danestone Gala - £1410

·         Printfield Community Project, Printfield Family Gala Day - £900

·         St Margaret’s Episcopal Church, Gallowgate Festival Gala - £360

·         Friends of Seaton Park, Park Fest  ...  view the full minutes text for item 14.

The Committee had before it a report by the Interim Director of Corporate Governance which sought approval to implement the proposed Smoke Free at Work Policy within the organisation as appended.

The report recommended:-

that the Committee approve the implementation of the revised Smoke Free at Work Policy within the organisation.

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 amended Travel Policy, which covered the arranging of travel for staff and Elected Members.

The report recommended:-

that the Committee –

(a)       approve the Travel Policy, Procedures and Guidance as appended to the report; and

(b)       agree that the aforementioned documents come into effect immediately.

The Committee resolved:

to approve the recommendations.

With reference to article 17 of the minute of the meeting of the Finance, Policy and Resources Committee of 19 April 2016, the Committee had before it a report by the Interim Director of Corporate Governance which sought approval of the inclusion of foster carers and kinship carers under the parental leave provision of the Special Leave Policy.

The report recommended:-

that the Committee approve the inclusion of foster carers and kinship carers under the parental leave provision and revised wording to be inserted into the Special Leave Policy as detailed at appendix 1.

The Committee resolved:

to approve the recommendation.

With reference to article 20 of the minute of the meeting of the Audit, Risk and Scrutiny Committee of 9 March 2016, the Committee had before it a report by the Director of Education and Children’s Services which (1) provided an update on the observations and recommendations made by the Internal Audit report entitled “Recruitment and Selection” which was considered by the Audit, Risk and Scrutiny Committee; and (2) sought approval to allow the continuation of the current arrangement which allowed the Education Service to employ teachers who held an approved PVG form, under risk assessed circumstances which ensured that they were not left alone with children until such time as their PVG check had been approved by Aberdeen City Council officers.

The report recommended –

that the Committee -

(a)       agree to the on-going arrangement which would allow teachers who hold a General Teaching Council for Scotland (GTCS) registration or a clear PVG from the GTCS or their former employer to teach in Aberdeen schools, subject to the following:

1.         a risk assessment having been completed by the Head Teacher;

2.         another member of staff who had been approved through the PVG process was located in the class to ensure that the individual concerned was not left in a position of being the only adult in front of children; and

3.         that the Service and individual had completed and submitted the appropriate documentation to Disclosure Scotland for review prior to the individual taking up post with Aberdeen City Council;

(b)       agree that this arrangement would apply until teacher vacancy levels returned to manageable levels, following which the Service would fully comply with the Council’s Recruitment and Selection policy;

(c)        agree that the arrangement in place be reviewed on a six monthly basis by Human Resources and Education and Children’s Services; and

(d)       otherwise note the content of the report.

The Convener, seconded by the Vice Convener moved:-

that the Committee approve the recommendations in the report.

Councillor Nicoll, seconded by Councillor Corall moved as an amendment:-

that the Committee –

(1)       instruct officers to implement Aberdeen City Council’s “Protecting Vulnerable Groups Scheme and Police Act Disclosure Protocol” document which detailed the obligations and guidance for compliance with existing legislation where a PVG Scheme check had been identified as a requirement for the post; and

(2)       instruct the Chief Executive to write to Disclosure Scotland with the request that due to the problems with the recruitment and retention of teaching staff, they “fast track” any applications for teaching staff applying for employment with Aberdeen City Council.

On a division, there voted:- for the motion (10) – the Convener; the Vice Convener; and Councillors Allan, Cooney, Crockett, Ironside, Laing, Milne, Jennifer Stewart and Taylor; for the amendment (7) – Councillors Cameron, Corall, Dickson, Flynn, Nicoll, Noble and Yuill.

The Committee resolved:

to adopt the motion.

With reference to article 19 of the minute of the meeting of the Finance, Policy and Resources Committee of 19 April 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 agree that Union Street was Aberdeen’s main shopping and leisure thoroughfare and that the perception of Union Street in recent years was that it had become increasingly run down, dirty and was a source of shame to some Aberdonians;

(iii)       to agree that the vast majority of properties on Union Street were in private ownership.  It was therefore recognised that works to improve the appearance of the properties in Union Street could only be carried out with the agreement of and investment by owners;

(iv)       to agree to instruct the Chief Executive to set up a cross-council officer team called “Operation Union Street rejuvenation” to bring Union Street back to the standard expected for the main thoroughfare of a leading energy city and revive civic pride in Aberdeen City Centre;

(v)        to approve the following package of works which was required in the short term to reinvigorate Aberdeen’s historic heart through an increase in economic and social activity:

(a)       purchase or lease (whichever was best value for Council) of two pavement scrubber machines to prevent a build-up of grime / staining on walked on surfaces;

(b)       purchase of four additional applied sweepers to improve city centre sweeping regimes;

(c)        a deep clean of the area bounded by Holburn Street / Willowbank Road / Springbank Terrace / College Street / Guild Street / Virginia Street / Commerce Street / East North Street / West North Street / Little John Street / Berry Street / St Andrew Street / Skene Street / Victoria Street / Alford Place.  The deep clean would be to remove all chewing gum from all surfaces, a general power wash of all walked surfaces and street furniture (including signs, bollards and benches) and doorways of all premises;

(d)       a professional clean of St Nicholas Kirkyard façade (Smith’s Screen) and paint all railings and gates highlighting the detail in gold leaf;

(e)       a professional clean of the Mercat Cross in the Castlegate;

(f)        the setting up of a multi-tasking City Centre Masterplan hit squad to clean, fix and paint.  To include areas where ownership was not clear.  To brand the team and promote them by ensuring the team wear bright uniforms displaying the City Masterplan logo;

(g)       programme of upgrading / removing / fixing painting street furniture all bollards railings palings and benches etc;

(h)       recruitment of a building standards officer;

(vi)       to agree that the Council Leader write to all owners and occupiers of buildings in Union Street confirming the Council’s intentions as stated in (iii)(a-h) as detailed  ...  view the full minutes text for item 19.

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 enable the proposed public consultation to commence and to avoid delay in investment of Sport Aberdeen facilities.

DECLARATIONS OF INTERESTS

During consideration of the following item, specifically in relation to the procedural motion, 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.

DECLARATIONS OF INTERESTS

Prior to consideration of the following item of business, the Convener and Councillor Cameron declared an interest in the subject matter of the following article by virtue of their positions as Board members of Aberdeen Sports Village.  Councillor Cameron considered that the nature of his interest required him to leave the meeting and took no part in the Committee’s deliberations thereon.  Councillor Young considered that the nature of his interest did not require him to leave the meeting and therefore chose to remain in the meeting.

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.

(A)       Councillor Flynn moved as a procedural motion, seconded by Councillor Nicoll:-

that the report should not be considered today.

On a division, there voted:- for the procedural motion (7) – Councillors Corall, Flynn, Hutchison, Nicoll, Noble, Jennifer Stewart and Yuill; against the procedural motion (9) – the Convener; the Vice Convener; and Councillors Allan, Cooney, Crockett, Ironside, Laing, Milne and Taylor.

The Committee resolved:

to reject the procedural motion and thereby consider the report today.

(B)       With reference to article 30 of the minute of the meeting of the Finance, Policy and Resources Committee of 19 April 2016, the Committee had before it a report by the Director of Education and Children’s Services which advised on the projects which would be taken forward by Sport Aberdeen to invest in developing the sports facilities across Aberdeen and sought approval to release the bank guarantee to facilitate this investment.

The report recommended:-

that the Committee –

(a)       note the work undertaken by the Active Aberdeen Partnership and Sport Aberdeen to date in developing a long term sports strategy;

(b)       agree that the Active Aberdeen Partnership commence consultation with relevant agencies and stakeholders on the long term strategy (attached as Appendix 1);

(c)        agree that Sport Aberdeen invest in the facilities outlined in paragraph 5.12 of the report to improve the range of sporting facilities available to the public in Aberdeen;

(d)       delegate authority to the Head of Finance to provide the bank guarantee up to a maximum of £5 million to facilitate this investment by Sport Aberdeen;

(e)       note that the long term sports facilities strategy would be presented to a future meeting of the Finance, Policy and Resources Committee in November 2016; and

(f)        otherwise note the contents of the report.

The Convener, seconded by the Vice-Convener moved:

that the Committee approve the recommendations as contained in the report.

Councillor Flynn, seconded by Councillor Corall moved as an amendment:-

that the Committee refer the report to full Council on 29 June 2016 for consideration.

On a division, there voted:- for the motion (9) – Convener; the Vice Convener; and Councillors Allan, Cooney, Crockett, Ironside, Laing, Milne and Taylor; for the amendment (7) – Councillors Corall, Flynn, Hutchison, Nicoll, Noble, Jennifer Stewart and Yuill.

The Committee resolved:

to adopt the motion.

In terms of Standing Order 36(3), Councillor Flynn intimated he would like this matter to be referred to full Council in order for a final decision to be taken.  Councillor Flynn was supported by Councillors Corall, Hutchison, Nicoll, Noble, Jennifer Stewart and Yuill.

Further to the request, Mr Couperwhite, the Head of Policy, Performance and Resources advised that the Sport Aberdeen Board was meeting on 15 June 2016 to consider this matter and therefore a decision by the Council was required to be taken in advance of that date.

In terms of Standing Order 36(6), the Convener ruled the request by Councillor Flynn incompetent.

In terms of Standing Order 15(6), Councillors Corall, Flynn, Hutchison, Nicoll, Noble, Jennifer  ...  view the full minutes text for item 20.

With reference to article 24 of the minute of the meeting of the Finance, Policy and Resources Committee of 19 April 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 –

(a)       approve the following grants from the International Twinning Budget 2016/2017 -

(1)       a contribution of £5,600 towards the costs of secondary school pupils from Aberdeen participating in a twin cities summer camp organised by Clermont-Ferrand, 1-13 August 2016;

(2)       a contribution of £3,600 towards the participation of pupils from Hazlehead Academy and civic attendance at a youth forum in Regensburg, 1-5 August 2016;

(3)       a contribution of £1,450 towards a visit by festival organisers from Regensburg to Aberdeen, 11-15 August 2016;

(4)       a contribution of £3,800 towards an inward exchange visit by Stavanger’s St Olav School to Bucksburn Academy, 7-11 September 2016;

(5)       a contribution of £3,016 towards performances and workshops by a jazz band from Clermont-Ferrand at city venues, November 2016;

(6)       to approve a contribution of £1,800 towards musicians from Aberdeen performing at the Offshore Northern Seas exhibition in Stavanger, 29 August  - 1 September 2016;

(7)       a contribution of £7,000 towards an arts in healthcare project between organisations in Aberdeen and Bulawayo, June-December 2016; and

(b)       approve the amendments to the Twinning Grant criteria with regards to 1. salaries and capital costs and 2. sources of match funding.

The Committee resolved:

to approve the recommendations.

The Committee had before it a report by the Interim Director of Corporate Governance which sought approval (1) of ‘Aberdeen City Council and Aberdeenshire Council Procurement Regulations’ (‘Procurement Regulations’) as appended, to replace the current Standing Orders relating to Contracts and Procurement; and (2) for delegated powers as detailed within the report.

The report recommended:-

that the Committee -

(a)       approve the Aberdeen City Council and Aberdeenshire Council Procurement Regulations attached hereto, the same to come into force with immediate effect and thereby replace the “Standing Orders relating to Contracts and Procurement” that were approved by Aberdeen City Council on 5 March 2014;

(b)       approve the delegated powers to the Chief Executive in consultation with the Head of Commercial and Procurement Services contained within the said Aberdeen City Council and Aberdeenshire Council Procurement Regulations, in order to ensure procurement within Aberdeen City Council was carried out appropriately and that appropriate guidance notes were produced and updated as necessary; and

(c)        instruct the Head of Legal and Democratic Services to make the necessary amendments to the current Scheme of Delegation (known as the Delegated Powers) to reflect the changes brought about by the said Aberdeen City Council and Aberdeenshire Council Procurement Regulations, noting that further proposed revisions to the Scheme of Delegation would be the subject of a report to Council at a later stage in the Governance Review.

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 enable the matter to be considered in a timely manner.

With reference to article 38 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 provided an update on the actions being taken in order to determine potential future uses of Thomas Blake Glover House and maximise benefit for the public pound.

The report recommended:-

that the Committee -

(a)       note the content of the report;

(b)       agree that further work was needed on the funding of the recommended option appraisal put forward by the consultants in relation to Thomas Blake Glover House; and

(c)        instruct officers to report back to a future meeting of the Committee with the financial implications 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 to enable the Committee to be informed of the response submitted by officers on behalf of Aberdeen City Council to the Scottish Government’s consultation on a Scottish replace to Air Passenger Duty.

The Committee had before it a report by the Director of Communities, Housing and Infrastructure which advised of the Scottish Government’s consultation on a Scottish replacement to APD (Air Passenger Duty) which closed on 3 June 2016; and presented the response submitted by officers on behalf of Aberdeen City Council.

The report recommended:-

that the Committee note the response to the Scottish Government’s consultation submitted by officers on behalf of Aberdeen City Council as appended to the report.

The Convener, seconded by the Vice-Convener moved:

that the Committee approve the recommendations as contained in the report.

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

that the Committee –

(1)       instruct the Chief Executive to retract the consultation response submitted by officers on behalf of Aberdeen City Council to the Scottish Government’s consultation on a Scottish replacement to ADP; and

(2)       note its concern that the consultation suggestion provided by Aberdeen City Council if implemented would result in a significant diversion of funds to the central belt and would create a substantial imbalance in local government resources that would not be in Aberdeen’s interests.

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

The Committee resolved:

to adopt the motion.

The Committee had before it a report by the Director of Communities, Housing and Infrastructure which (a) advised of the exemption made under Standing Order SO1(6) (B) and (b) provided an update on the progress made in establishing a mobility equipment hire at a range of locations across the city.

The report recommended:-

that the Committee

(a)       note the exemption made on the Standing Order SO1(6)(B) to progress the commission based contract where we provide funding to the service provider to enable them to offer a flexible mobility equipment hire service at a range of locations across the city; and

(b)       instruct officers to periodically update the Committee on the progress of Shopmobility in implementing the scheme.

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 enable officers to conclude the contract negotiations and sign the Project Agreement for construction and maintenance of the new Academy as any delay in signing the contract could result in additional inflationary costs.

With reference to article 31 of the minute of the meeting of the Finance, Policy and Resources Committee of 19 April 2016, the Committee had before it a report by the Director of Education and Children’s Services which (a) provided an update on progress made to commence construction work for the new Academy to replace Kincorth Academy and Torry Academy; and (2) sought approval for the Council to sign the contract agreement with Hub North Scotland and their project company.

The report recommended:-

that the Committee -

(a)       note that the construction work would start on site week commencing 13 June 2016, following the conclusion of the early works agreement;

(b)       note that negotiations with Scottish Futures Trust had resulted in an additional £4 million being provided to the Council to address the extraordinary ground conditions;

(c)        delegate authority to the Head of Legal and Democratic Services and/or the Head of Finance to sign the contractual agreements to be put in place for the new Academy and the documents attached as Appendices 1 and 2 of the report, subject to the following conditions:

(1)       Receipt of a completed and approved Scottish Futures Trust Key Stage Review document;

(2)       Confirmation that the project delivered value for money by AECOM who are the Council’s appointed technical advisors; and

(3)       Confirmation from the funders Technical Advisors that they were satisfied with the contractual arrangements and the funding would be provided for the project;

(d)       agree that the Council invest 10% equity and 10% sub-debt respectively in DBFM Holdco; and

(e)       otherwise note the contents of the report.

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

that the Committee approve the recommendations as contained in the report.

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

that the Committee approve the recommendations as contained in the report and to thank the Scottish Futures Trust for agreeing to give an additional £4 million to the Council to address the extraordinary ground conditions.

On a division, there voted:- for the motion (11) – the Convener; the Vice Convener; and Councillors Allan, Cooney, Crockett, Ironside, Laing, Milne, Jennifer Stewart, Taylor and Yuill; for the amendment (6) – Councillors Cameron, Dickson, Flynn, Hutchison, Nicoll and Noble.

The Committee resolved:

to adopt the motion.

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 enable project timescales to be met.

With reference to article 25 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 Education and Children’s Services which (a) provided an update on the fundraising campaign for the redevelopment of the Art Gallery; (b) sought approval for the Council to commit to providing additional capital funding, up to a maximum level of £9.4 million; and (c) confirmed that the debt charges for the capital funding sought would be provided from Education and Children’s Services budgets.

The report recommended:-

that the Committee -

(a)       note the level of public donations received to date;

(b)       note that officers continued to work with the appointed Trustees to continue to secure further public donations;

(c)        agree to the Council committing to provide the outstanding balance of capital cost to refurbish and extend the Art Gallery, which at the present time was £9.4million;

(d)       agree that the appropriate debt charges incurred to fund the required capital sum be met by revenue contributions from Education and Children’s Services budgets;

(e)       note that a further progress report on fundraising would be presented to the Finance, Policy and Resources Committee in November / December 2016; 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.

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 provide certainty of funding and allow the projected to be completed on time and within budget.

The Committee had before it a report by the Director of Communities, Housing and Infrastructure which presented the terms of the agreement between Aberdeen City Council and AREG in relation to the sale of the AREG shareholding in Aberdeen Offshore Windfarm Limited (AOWL).

The report recommended:-

that the Committee -

(a)       note and agree the deduction of any costs, liabilities and reasonable expenses incurred by AREG detailed in sections 3.2 and 3.5 of the report, and delegate authority to the Head of Economic Development in consultation with the Head of Finance to negotiate the terms; and

(b)       approve the provision of a guarantee to cover any liabilities arising from AREG’s exit from the EU grant and delegate authority to the Head of Economic Development  in consultation with the Head of Finance to negotiate the terms.

The Committee resolved:

to approve the recommendations.

The Committee had before it a report by the Interim Director of Corporate Governance which sought approval of the estimated expenditure for the commodities as detailed in the report, for the lifetime of the Framework up to the accumulated value.

The report recommended:-

that the Committee –

(a)       approve the estimated aggregate expenditure for the procurement of these commodities over a four year period as detailed in paragraph 5 and Appendix 1 of the report; and

(b)       note that it was the intention to procure these commodities through the General Stationery and Office Paper Framework (GSOP) more particularly detailed in the report.

The Committee resolved:

to approve the recommendations.

The Committee had before it a report by the Director of Communities, Housing and Infrastructure which provided members with an update on issues affecting the Council’s property portfolio in particular, activities in relation to properties which had been declared surplus to the Council’s requirements or were currently vacant or unoccupied.

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)       note the concluded sales for the following properties since the Property Sub Committee on 3 February 2016:-

·         33 Richmond Street - £63,370 (HRA)

·         Poynernook Road - £100,000

(c)        note the concluded leases of properties held on the Tenanted Non Residential Portfolio (TNRP) since the Property Sub Committee on 3 February 2016:-

(d)       note the current position regarding the former janitor’s lodge at Torry Academy;

(e)       note the current position regarding the continuing discussions regarding Bon Accord Baths;

(f)        agree to declare 10 Gordon’s Mills Road surplus to the Council’s requirements;

(g)       note the position with the Raeden Walled Garden Site disposal; and

(h)       note the position regarding Wallace Tower.

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 initiate a tender process for the procurement and award of framework contracts for property consultancy services for a period of two years, with an option to extend for a further period of two years thereafter.

The report recommended:-

that the Committee -

(a)       authorise the Head of Land and Property Assets to initiate a tender process for the procurement and award of framework contracts for property consultancy services for a period of two years, with an option to extend for a further period of two years thereafter; and

(b)       remit the outcome of the tender process to the Head of Legal and Democratic Services to formally conclude the term contracts, on terms and conditions necessary to protect the Council’s interests.

The Committee resolved:

to approve the recommendations.

The Committee had before it a report by the Director of Communities, Housing and Infrastructure which (a) advised of an approach by a group of local residents interested in turning the Gospel Hall into a community facility for Footdee and taking ownership of the property via a Community Asset Transfer; and (b) discussed the case and the mechanics of setting up and implementing a Community Asset Transfer.

The report recommended:-

that the Committee –

(a)       approve, in principle, that the Gospel Hall, New Pier Road, Footdee be the subject of a Community Asset Transfer at less than Market Value, as per the Disposal of Land by Local Authorities (Scotland) Regulations 2010;

(b)       remit it to the Head of Land and Property Assets to negotiate appropriate terms and conditions of a Community Asset Transfer and report back to the Committee’s next meeting on 7 September, 2016 in order that the Committee might consider the formal approval of same; and

(c)        if such approval was granted, agree to remit it to the Head of Legal and Democratic Services to legally conclude the Community Asset Transfer on terms and conditions as were necessary to protect the City Council’s interests, including appropriate “clawback” provisions.

The Committee resolved:

(i)         to approve the recommendations; and

(ii)        to instruct the Asset Management Manager to advise Members, by way of email, who the previous tenant was.

With reference to article 9 of the minute of the meeting of the former Property Sub Committee of 2 September 2015, the Committee had before it a report by the Director of Communities, Housing and Infrastructure which provided an update on the provisions requested of the Ferryhill Railway Heritage Trust (the Trust) in order to grant a lease to them over the Ferryhill Engine Shed.

The report recommended:-

that the Committee –

(a)       note the current status and allow the Trust more time following the appointment of the Historic Environment Scotland approved professional advisor to respond to the questions raised; and

(b)       instruct the Head of Land and Property Assets to report back to a future meeting of the Committee with details of what further information had been provided by the Trust and also a way forward for the property.

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 irritate (i.e. legally terminate) two long-term property leases, due to non-payment of rent by the tenants.

The report recommended:-

that the Committee –

(a)       approve, in principle, the irritancy of the leases of two sites at Sclattie Quarry granted to the lease holders as detailed in the  report; and

(b)       agree to instruct the Head of Land and Property Assets and the Head of Legal and Democratic Services to take appropriate property management and legal actions as to irritate the said leases and protect the Council’s interests.

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 provide the Council with maximum time to adequately balance and conclude the contract.

The Committee had before it a tabled report by the Director of Communities, Housing and Infrastructure which advised of a request received by a tenant occupying properties on two long ground leases to restructure one of their leases and surrender another to allow them to relocate elsewhere in the city.

The report recommended:-

that the Committee –

(a)       approve the surrender of the lease of site 16 Lang Stracht on the terms outlined in the report;

(b)       agree to the restructure of the lease at site 10 Whitemyres Avenue on the terms outlined in the report;

(c)        instruct the Head of Legal and Democratic Services to conclude the agreements incorporating whatever further terms and conditions which were required to protect the council’s interest; and

(d)       instruct the Head of Land and Property Assets to report to a future meeting of the Committee on the options for the future use of site 16 Lang Stracht.

The Committee resolved:

to approve the recommendations.

- COUNCILLOR YOUNG, Convener