Agenda, decisions and minutes

The agenda and reports associated with this minute can be found here.

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 proposed that the Committee consider item 14.1 (The Outcome of Commercial Property Auctions Pilot Project, item 15.1 (Outline Business Case: New Secondary School Provision for Hazlehead and Countesswells – Exempt Appendices), item 15.2 (St Peter’s RC School – Long Term Education Provision – Exempt Appendices, item 15.3 (Complex Care Full Business Case – Exempt Appendices), item 15.4 (Disposal of the Bucksburn Primary School Site – Exempt Appendix) and item 15.5 (Work Plan and Business Cases – Exempt Appendices) with the press and public excluded from the meeting.

The Committee resolved:-

in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, to exclude the press and public from the meeting during consideration of the above items so as to avoid disclosure of information of the classes described in the following paragraphs of Schedule 7(A) to the Act:- article 19 (paragraph  9), articles 20, 21 and 24 (paragraph 8), article 22 (paragraphs 8 and 9) and article 23 (paragraphs 6 and 9).

Members were requested to intimate any declarations of interest or transparency statements in respect of the items on today’s agenda, thereafter the following was intimated:-

(1)      The Vice Convener declared an interest in relation to agenda item 10.4 (Partnership with NHS Grampian to Provide Statutory Mortuary Services on Behalf of Aberdeen City Council) by virtue of him being a Council appointed NHS Board Member. He considered that the nature of his interest would require him to leave the meeting prior to consideration of the item;

(2)      Councillor Cooke advised that he had a connection in relation to agenda item 9.3 (Complex Care Full Business Case) and item 15.3 (Complex Care Full Business Case – Exempt Appendix) by virtue of him being the Chairperson of the Integrated Joint Board, however having applied the objective test, he did not consider that he had an interest and would not be withdrawing from the meeting; and

(3)      Councillor Houghton advised that he had a connection in relation to agenda item 10.4 (Partnership with NHS Grampian to Provide Statutory Mortuary Services on Behalf of Aberdeen City Council) by virtue of his partner being an NHS Grampian employee, however having applied the objective test, he did not consider that he had an interest and would not be withdrawing from the meeting.

The Committee had before it the minute of its previous meeting of 13 September 2023.

The Committee resolved:-

to approve the minute.

TRANSPARENCY STATEMENT

During discussion of the following item of business, a question relating to Aberdeen Heating and Power was raised. At this juncture, Councillor Hutchison advised that he had a connection in relation to this by virtue of him being a Council appointed member on the Aberdeen Heat and Power Board. Having applied the objective test, he did not consider that he had an interest and would not be withdrawing from the meeting.

The Committee had before it the Committee Business Planner prepared by the Interim Chief Officer – Governance (Legal).

The Committee resolved:-

(i)       to note the reasons for deferral in relation to item 5 (School Estate Plan: St Machar Academy Outdoor Space Improvements (Modular Classroom Buildings) Condition & Suitability - Outline Business Case), Item 6 (School Estate Plan: Ferryhill School Condition & Suitability Improvements Outline Business Case), item 10 (Torry Heat Network – Phase 2), item 11 (Denis Law Trail) and item 16 (Financial Settlement from Transport Scotland for the De-trunking of the A92/A96 (Haudagain Improvement);

(ii)      to remove item 19 (Bucksburn Swimming Pool – Update November 2023) from the planner, for the reason outlined therein;

(iii)      that in relation to item 10 (Torry Heat Network - Phase 2), to note that a report would be submitted to the next meeting of the Committee;

(iv)     that in relation to item 6 (School Estate Plan: Ferryhill School Condition & Suitability Improvements Outline Business Case), to note that a report on the School Estate would be submitted before the end of the financial year; and

(v)      that in relation to item 69 (Capital Projects – Queen Elizabeth II Tribute), to note that a report would be submitted to the next meeting of the Committee.

The Committee had before it a report by the Director of Resources which provided the financial position of the Council as at Quarter 2 (30 September 2023) and the full year forecast position for the financial year 2023/24, including:-

·       General Fund and Housing Revenue Account (HRA) and capital accounts; and associated Balance Sheet; and

·       Common Good revenue account and Balance Sheet.

The report recommended:-

that the Committee –

(a)      note the cash position that has been achieved for the General Fund and HRA to the end of Quarter 2 as detailed in Appendix 1;

(b)      note the Common Good financial performance to the end of Quarter 2 as detailed in Appendix 3;

(c)      note that the General Fund full year forecast position remains very uncertain at this time and subject to the continued implementation of actions as per Appendix 2, and no further financial shocks, then a full year outturn position of ‘on budget’ is anticipated;

(d)      note that financial resilience to mitigate the risks of overspending is underpinned by the resources available on the Council Balance Sheet and General Fund Reserves in particular. As at 31 March 2023 the uncommitted value of those reserves was £12m, the minimum that the Council Reserves Statement recommends and as approved by the Council;

(e)      note that the HRA full year forecast position, as detailed in Appendix 2, is on target to achieve the approved budget, but faces challenging cost pressures;

(f)       note that the Council relies on the Integration Joint Board (IJB) achieving a balanced budget, and that the IJB retains reserves to mitigate unplanned additional costs arising during the year;

(g)      note that the forecast for General Fund Capital budget is that it will be lower than its revised budget and Housing Capital expenditure while closer to budget is also expected to be lower than budgeted in 2023/24 as described in Appendix 2; and

(h)      note that earlier this month Cosla agreed to implement the pay award for nonteaching staff and this will be paid to staff in December. This will bring greater certainty to our financial forecasts as assumptions made and sums set aside for the pay award will now be able to be finalised, including the additional contribution the Council will have to make. The pay offer also relies on additional funding from Scottish Government, and all of these actuals and revised budgets will be included in the Quarter 3 forecasts, due to be reported to the Committee in January 2024.

The Committee heard the Chief Officer – Finance request that an addendum recommendation be added to those contained within in the report and outlined above, which read as follows:-

(i)             that the Committee note that Aberdeen Football Club (AFC) are playing in the Viaplay Scottish League Cup final on 17 December 2023.  In the event that the team wins, the Committee agrees that there will be a celebration in the city, including a parade and civic event, and that, in conjunction with AFC, preparations should be made for  ...  view the full minutes text for item 5.

With reference to article 7 of the minute of meeting of the City Growth and Resources Committee of 21 September 2022, the Committee had before it a report by the Director of Resources which outlined the current position of the programme for Fleet Vehicles and Assets and presented the Fleet Asset Management Plan (Appendix A) which identified age and replacement plans for all vehicles and plant to provide assurance on effective identification of assets to populate the Phase 4 Fleet Replacement Programme Projected Spend for 2023/24 (Appendix B) and future Fleet Replacement requests.

The report recommended:-

that the Committee –

(a)      note the refreshed Fleet Asset Management Plan and supports use of the Plan to identify future replacement requests;

(b)      approve the phase 3 Fleet Replacement Programme for 2023/24 (as detailed in Appendix B); and

(c)      delegate authority to the Chief Officer – Operations & Protective Services, following consultation with the Head of Commercial and Procurement Shared Services (CPSS) and Chief Officer – Finance:- (1) to consider and approve procurement business cases for vehicles and plant for the purposes of Procurement Regulation 4.1.1.2; (2) then consult with the Convener and Vice Convener, Finance and Resources Committee and thereafter to procure appropriate works and services, and (3) enter into any contracts necessary for the vehicles without the need for further approval from any other Committee of the Council, within the current Capital budget.

The Committee resolved:-

to approve the recommendations.

An exempt appendix is contained within the Exempt Appendices Section of this agenda below.

With reference to article 11 of the minute of meeting of 29 March 2023, the Committee had before it a report by the Director of Resources which provided a Full Business Case for provision of Complex Care accommodation in the City and sought approval to proceed.

The report recommended:-

that the Committee –

(a)      note the contents of the Full Business Case appended; and

(b)      following confirmation that external funding can be secured to fully deliver the new infrastructure proposed, Instruct the Chief Officer – Capital to progress with construction award and deliver the project.

The Committee resolved:-

to approve the recommendations.

The Committee had before it a report by the Director of Resources which (1) summarised the general progress of delivery of key capital expenditure projects identified within the approved Capital Programme from the General Fund and Housing Revenue Accounts; (2) highlighted those issues considered worthy of particular note which were specific to individual programmes/projects; and (3) incorporated a review of any recent reprofiling of the General Fund Capital Programme, which had been carried out to take account of any current project related factors.

The report recommended:-

that the Committee –

(a)      note the status of delivery of the Section 3.0 highlighted programmes/projects contained within the approved Capital Programme;

(b)      note that this report aligns with the Council Financial Performance – Quarter 2 2023/24 report RES/23/378 as reported to this same Committee;

(c)      approve that £1.42m be vired from the Contingencies budget to the Bridge of Don Household Waste project as outlined in section 3.43; and

(d)      approve the use of £1m from the play park renewal programme budget included in the approved capital programme for the refurbishment of the existing play park at Hazlehead Park as outlined in sections 3.48 – 3.50.

The Committee resolved:-

(i)       to approve the recommendations; and

(ii)      to note that the Chief Officer – Capital would seek clarification on the historical information contained within the report relating to when the Council obtained Hazlehead Park and that it be circulated to the members of the Committee.

An exempt appendix is contained within the Exempt Appendices Section of this agenda below.

With reference to article 6 of the minute of meeting of the Council of 1 March 2023, the Committee had before it a report by the Director of Resources which presented an Outline Business Case (OBC), setting out the findings of a recent feasibility study, to identify options for delivering new secondary school provision within the Hazlehead and Countesswells Associated Schools Groups (ASGs).

The report recommended:-

that the Committee –

(a)      approve in principle the recommended option within the OBC to construct a new 1600 pupil campus on the current Hazlehead Academy playing fields to provide secondary school provision for Hazlehead and Countesswells ASGs, subject to the outcome of a statutory consultation;

(b)      instruct the Chief Officer – Capital to refer the proposals for the project to the Budget process in 2024/25; and

(c)      subject to the outcomes of the statutory consultation and any decision taken at the budget meeting of March 2024 approves in principle the use of resources for the implementation of the project from 2024.

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

that the Committee approve the recommendations contained within the report.

Councillor Malik, seconded by Councillor Watson, moved as an amendment:-

that the Committee –

(1)    note the decision of the Education and Children Services Committee on 21 November 2023;

(2)    acknowledge that the Aberdeen Labour proposed amendment to Education and Children Services Committee as outlined below would have supported the Community of Hazlehead and Countesswells best:-

(a)    notes the recommended option within the OBC and Instructs the Chief Officer - Corporate Landlord to carry out the statutory public consultation on the proposal to establish a new campus on the Hazlehead Academy playing field.

(b)    instructs the Chief Officer – Corporate Landlord to carry out a separate statutory public consultation to specifically address the option of Kingswells primary remaining zoned for the Bucksburn Academy ASG

(c)    instructs the Chief Officer - Corporate Landlord to provide members of the Education and Children’s Services Committee with written confirmation of the terms and scope of the LEIP funding allocation which was confirmed on October 30th, 2023. 

(d)    notes that committee should maintain its commitment to the decision of Council on 8th October 2014 regarding primary education provision (one two stream and one three stream school) and provide a new secondary school at Countesswells. 

(e)    instructs the Chief Officer – Corporate Landlord to report back to the Committee on the outcomes of the consultation on the Hazlehead Academy proposal at its next available meeting following the conclusion of the consultation process, in July 2024, and to bring forward a report on the provision of a new Secondary School for Countesswells.

(f)     agrees that Council must not make the same mistake as the SNP made with the 3R’s Bucksburn Secondary School which was built without taking into consideration the increased capacity required for the area, therefore there is a need for a separate Secondary school for Countesswells. 

        That the Finance and Resources Committee:- 

(g)    approves in principle the recommended  ...  view the full minutes text for item 9.

An exempt appendix is contained within the Exempt Appendices Section of this agenda below.

With reference to article 17 of the minute of meeting of the Education and Children’s Services Committee of 12 September 2023, the Committee had before it a report by the Director of Resources which presented an updated Outline Business Case (OBC) for the long term education provision for St Peter’s Roman Catholic school which included the outcome of the Old Aberdeen House feasibility study as an alternative option to provide a two stream school.

The report recommended:-

that the Committee –

(a)      note and approve the recommended option to refurbish Old Aberdeen House with the addition of new build provision to deliver a 21st century learning environment for St Peter’s RC school;

(b)      approve the use of resources for the implementation of the proposed improvement works to Old Aberdeen House with new build provision;

(c)      instruct the Chief Officer – Capital to refer the proposals for the project to the Budget process in 2024; and

(d)      instruct the Chief Officer – Capital to report back to a future meeting of the Finance and Resources Committee in 2024 with a progress update report.

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

that the Committee approve the recommendations contained within the report.

Councillor Malik, seconded by Councillor Watson, moved as an amendment:-

that the Committee –

(1)    note the decision of the Education and Children Services Committee on 21 November 2023.

(2)    acknowledge that the Aberdeen Labour proposed amendment to Education and Children Services Committee as outlined below would have supported the Community of Tillydrone and Old Aberdeen best:-

(i)     notes the contents of the options appraisal and the officer recommendation to proceed with Option C. 

(ii)    notes the Education Scotland report, prepared in April 2019 by the HMIE, titled “Report by Education Scotland addressing educational aspects of the proposal by Aberdeen City Council to relocate St Peter’s RC Primary School to the existing Riverbank school building…” concluded that the proposal to relocate St Peters RC to a refurbished school at the current Riverbank school site, “has clear educational benefits for children who currently attend St Peter’s RC Primary School and who would have access to a more flexible, modern and healthy living environment, with improved outdoor learning spaces and early learning and childcare facilities.

(iii)   notes that the same HMIE report stated, “There will also be improved outdoor learning spaces with opportunities for physical education. There is significantly more outdoor space available around the Riverbank building, with more than ten times the amount of hard landscaping and nearly 80 times more soft landscaping than is available at the St Peter’s site.”

(iv)   notes that the Options Appraisal sets out the significant disparity in the “total site area” of each option where Riverbank is currently 15,816sqm compared with St Peters RC which is only 7,940sqm and agrees that the additional open space in the former presents a significant opportunity for future generations of St Peters RC pupils to benefit from significantly better outdoor space.  

(v)    notes that the Options Appraisal  ...  view the full minutes text for item 10.

With reference to article 7 of the minute of meeting of 7 December 2022, the Committee had before it a report by the Director of Commissioning which sought approval for the proposed allocation of grant funding of UK Shared Prosperity Fund (UKSPF).

The report recommended:-

that the Committee –

UKSPF Communities And Place

(a)      award up to £40,000 to Belmont Community Cinema Ltd for the community engagement and refurbishment project;

(b)      award up to £40,000 to Crow House Projects for the Film Accelerator programme;

(c)      award up to £5,000 to Aberdeen City Council for the Danestone Community Centre upgrade feasibility study;

(d)      award up to £25,000 to Aberdeen City Council for the SPECTRA festival accessibility improvements;

(e)      award up to £216,000 to Sport Aberdeen for the Northfield Outdoor Sports Centre Refresh; and

(f)       does not approve the request for up to £17,400 from the Aberdeen Chinese Women’s Society due to the application being incomplete.

UKSPF Local Business Support

(g)      award up to £64,500 to Aberdeen City Council for the City Centre Regeneration; and

(h)      award up to £125,359 to Aberdeen City Council for the Digital Business Support programme;

UKSPF People and Skills

(i)       award up to £15,000 to Aberdeen City Council for the HMP Grampian Construction course project;

(j)       award up to £38,022 to Aberdeen City Council for the Admin Apprentice post;

(k)      award up to £70,000 to Aberdeen City Council for the ESOL project;

(l)       award up to £70,625 to Aberdeen City Council for pilot projects for people with long term health issues or disabilities; and

(m)     award up to £60,000 to Aberdeen City Council for the Skills audit project.

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

that the Committee approve the recommendations contained within the report.

Councillor Malik, seconded by Councillor Watson, moved as an amendment:-

that the Committee –

(1)   agree that the Partnership are using the United Kingdom Shared Prosperity Fund to bank roll projects that should be funded by the Scottish Government’s core grant to the City;

(2)    agree that of the £769,505 being allocated within the report £689,506 is being allocated to the applicant Aberdeen City Council to delivery projects including digital grants and community support and Sport Aberdeen noting that this is almost 90% of the UKSPF being allocated to the Council and Sport Aberdeen; and

(3)    agree that this is completely unfair on applications from the community and therefore approves only Recommendations (a) and (b) within the report and defer grants to the other 11 projects until the next meeting of the Committee with an understanding that officers will encourage more applications from the community. 

On a division, there voted:- for the motion (8) – the Convener, the Vice Convener and Councillors Allard, Bouse, Cooke, Copland, Fairfull and Hutchison; for the amendment (5) – Councillors Farquhar, Houghton, Malik, Thomson and Watson.

The Committee resolved:-

(i)       to adopt the motion; and

(ii)      to note that the Chief Officer – City Growth would include details relating to allocations  ...  view the full minutes text for item 11.

The Committee had before it a report by the Director of Commissioning which presented the annual report of the Finance and Resources Committee to enable Members to provide comment on the data contained within.

The report recommended:-

that the Committee –

(a)      provide comments and observations on the data contained within the annual report; and

(b)      note the annual report of the Finance and Resources Committee.

The Committee resolved:-

to approve recommendation (b).

With reference to article 11 of the minute of meeting of the Audit, Risk and Scrutiny Committee of 23 March 2023, the Committee had before it a report by the Director of Resources which sought approval of a new Lease Policy.

The report recommended:-

that the Committee approve the new Lease Policy as appended to the report.

The Committee resolved:-

to approve the recommendation.

The Committee had before it a report by the Director of Commissioning which presented the Aberdeen Archives, Gallery and Museums Annual Review (June 2022 – May 2023) (Appendix A) for approval.

The report recommended:-

that the Committee approve the Aberdeen Archives, Gallery and Museums Annual Review (June 2022 – May 2023) (Appendix A).

The Committee resolved:-

to approve the recommendation.

At this juncture, in accordance with Article 2 of this minute, the Vice Convener left the meeting prior to consideration of the following item of business.

The Committee had before it a report by the Director of Resources which sought approval that NHS Grampian would deliver, through a partnership arrangement, the statutory mortuary services currently delivered by Aberdeen City Council, with such delivery to be via the new mortuary hub at Foresterhill.

The report recommended:-

that the Committee –

(a)      approve that the statutory mortuary services currently delivered by Aberdeen City Council shall be delivered by NHS Grampian via the new Shared North East Scotland Mortuary (to be operated by NHS Grampian) from around mid-2024; and instruct the Chief Officer - Operations and Protective Services, following consultation with the Head of Commercial and Procurement and the Chief Officer – Finance, to enter into a new partnership working agreement with NHS Grampian for the provision of mortuary services; and

(b)      agree the transfer of Aberdeen City Council mortuary staff to NHS Grampian, once the new Shared North East Scotland Mortuary is completed, subject to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE); and instruct the Chief Officer - Operations and Protective Services, following consultation with the Chief Officer – People and Organisational Development and the Chief Officer – Finance, to undertake the necessary processes to effect this transfer.

The Committee resolved:-

to approve the recommendations.

The Committee had before it a report by the Director of Commissioning which (1) provided an update on a recent period of public consultation on the Draft Participation Statement, which formed a key part of the Development Plan Scheme for the preparation of the next Local Development Plan; (2) presented a summary of the comments received during public consultation on the Draft Participation Statement, along with officer responses to the consultation comments; and (3) outlined the modifications to the Draft Participation Statement that were proposed following the consultation.

The report recommended:-

that the Committee –

(a)      note the comments received during the recent public consultation on the Draft Participation Statement and approve officers’ responses to the consultation comments, as outlined in Appendix 1; and

(b)      agree the Draft Participation Statement section of the 2023 Development Plan Scheme (pages 20 to 26 in Appendix 2), and approve its adoption.

The Committee resolved:-

to approve the recommendations.

An exempt appendix is contained within the Exempt Appendices Section of this agenda below.

The Committee had before it a report by the Director of Resources which provided details in relation to the offers received for the Site of the Former Bucksburn Primary School following the recent closing date.

The report recommended:-

that the Committee –

(a)      accept the recommended offer to purchase the site as outlined in Appendix 2; and

(b)      instruct the Chief Officer – Governance to conclude missives for the disposal of the property incorporating various qualifications as are necessary to protect the Council’s interest, together with any other matters as are required to complete the transaction.

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

that the Committee approve the recommendations contained within the report.

Councillor Malik, seconded by Councillor Watson, moved as an amendment:-

that the Committee –

(1)    do not approve the recommendations contained within the report; and

(2)    instruct the Chief Officer – Corporate Landlord to re-market the property and report the outcome to a future meeting of the Committee.

On a division, there voted:- for the motion (10) – the Convener, the Vice Convener and Councillors Allard, Bouse, Cooke, Copland, Fairfull, Farquhar, Houghton and Hutchison; for the amendment (3) – Councillors Malik, Thomson and Watson.

The Committee resolved:-

to adopt the motion.

Exempt appendices are contained within the Exempt Appendices Section of this agenda below.

The Committee had before it a report by the Director of Commissioning which presented the procurement work plans where expenditure was included for the Commissioning and Customer Functions for review and sought approval of the total estimated expenditure for the proposed contracts as contained in the Procurement and/or Outline Business Cases appended to the report.

The Procurement Business Case related to the following:-

·       Additional Accommodation Framework.

The report recommended:-

that the Committee –

(a)      review the workplan as detailed in the Appendices for the Commissioning and Customer Functions;

(b)      approve the procurement business cases, including the total estimated expenditure for the proposed contract;

(c)      note the content of Appendix 3 - 3.10 Memos (Exemption Urgency); and

(d)      note the content of Appendix 4 - 4.1.3 Forms (Technical Exemption).

The Committee resolved:-

to approve the recommendations.

In accordance with the decision taken at Article 1 of this minute, the following items were considered with the press and public excluded.

With reference to article 13 of the minute of meeting of 17 May 2023, the Committee had before it a report by the Director of Resources which outlined the outcome of the pilot project for trialling the disposal of surplus assets through a commercial auction process.

The report recommended:-

that the Committee –

(a)      note the outcome of the pilot trial of disposing of surplus Council property via a Commercial Property Auction;

(b)      instruct the Chief Officer - Corporate Landlord to [redacted as it contained exempt information as described in paragraph(s) 9 of Schedule 7A of the Local Government (Scotland) Act 1973]; and

(c)      instruct the Chief Officer - Corporate Landlord to put an annual report to Committee advising which subjects were put forward to auction and the outcome of this action.

The Committee resolved:-

to approve the recommendations.

The Committee had before it exempt appendices relating to the Outline Business Case: New Secondary School Provision for Hazlehead and Countesswells report. (Article 9 of this minute refers)

The Committee resolved:-

to note the information contained within the exempt appendices.

The Committee had before it exempt appendices relating to the St Peter’s RC School – Long Term Education Provision report. (Article 10 of this minute refers)

The Committee resolved:-

to note the information contained within the exempt appendices.

The Committee had before it an exempt appendix relating to the Complex Care Full Business Case report. (Article 7 of this minute refers)

The Committee resolved:-

to note the information contained within the exempt appendix.

The Committee had before it an exempt appendix relating to the Disposal of the Bucksburn Primary School Site report. (Article 17 of this minute refers)

The Committee resolved:-

to note the information contained within the exempt appendix.

The Committee had before it exempt appendices relating to the Work Plan and Business Cases report. (Article 18 of this minute refers)

The Committee resolved:-

to note the information contained within the exempt appendices.

-         COUNCILLOR ALEX MCLELLAN, Convener