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 items 13.1 (Unrecoverable Debt - Exempt and Confidential Appendix), 13.2 (Queen Street Redevelopment Programme - Exempt Appendix), 13.3 (Condition and Suitability Programme - Exempt Appendix), 13.4 (Transition Extreme); and 13.5 (Site Acquisition, Queen Street) 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 during consideration of the above items (from article 20 of this minute) so as to avoid disclosure of information of the classes described in the following paragraphs of Schedule 7(A) to the Act:- articles 20 and 23 (paragraph 6), article 21 (paragraphs 8, 9 and 10), article 22 (paragraph 8) and article 24 (paragraphs 6 and 9).

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

(1)       the Convener declared an interest in item 10.4 (Queen Street Redevelopment Programme) by virtue of him being a Council appointed member of NHS Grampian Board. He considered that the nature of his interest required him to leave the meeting and he therefore took no part in the consideration of this item;

(2)       Councillor Laing declared an interest in item 11.5 (VisitAberdeenshire – Articles of Association) by virtue of her being a Council appointed member of VisitAberdeenshire Board. She considered that the nature of her interest required her to leave the meeting and she therefore took no part in the consideration of this item;

(3)       Councillor Nicoll declared an interest in items 11.2 (Aberdeen Sustainable Urban Mobility Plan), 11.3 (Low Emission Zone Objectives and Progress) and 11.4 (A92 Murcar North) by virtue of him being a Council appointed member on Nestrans Board. He considered that the nature of his interest did not require him to leave the meeting and therefore chose to remain in the meeting for consideration of the items;

(4)       Councillor Yuill declared an interest in item 11.2 (Aberdeen Sustainable Urban Mobility Plan) by virtue of him being a Council appointed member of Robert Gordon’s College Board of Governors and substitute member of Nestrans Board; and also items 11.3 (Low Emission Zone Objectives and Progress) and 11.4 (A92 Murcar North) by virtue of him being a Council appointed substitute member on Nestrans Board and . He considered that the nature of his interest did not require him to leave the meeting and therefore chose to remain in the meeting for consideration of the items; and

(5)       Councillor Flynn declared an interest in item 9.1 (Cluster Risk Registers), by virtue of him being a member of the Business Gateway National Board. He considered that the nature of his business did not require him to leave the meeting and therefore chose to remain in the meeting for consideration of the item.

The Committee had before it the minute of its previous meeting of 26 September and Special meeting of 30 October 2019, for approval.

The Committee resolved:-

to approve both minutes as correct records.

The Committee had before it the Committee Business Planner prepared by the Chief Officer – Governance.

The Committee resolved:-

(i)        to remove item 4 (Workplans and Business Cases – Capital), item 8 (Smart City Action Plan) and item 12 (Climate Change Report 2018/2019) for the reasons outlined in the planner;

(ii)       to note the reason for the reporting delay in relation to item 5 (Review of School Estate), item 6 (Community Transfer - Leased Community Centres), item 15 (Heat Network Torry - Phase 1), item 18 (Visit Aberdeenshire - 2020/21 Financial Position) and item 20 (Town Centre Capital Grant Fund); and

(iii)      that in relation to item 20 (Town Centre Capital Grant Fund), that officers circulate to members of the Committee by way of email, a financial breakdown of the specific projects; and

(iv)      to otherwise note the content of the Committee Planner.

The Committee had before it a report by the Chief Officer – Strategic Place Planning, Chief Officer – City Growth and Chief Officer – Finance which presented the Cluster Risk Registers and Assurance Maps in accordance with Committee Terms of Reference and provided assurance on the Council’s system of risk management.

The report recommended:-

that the Committee note the Cluster Risk Registers and Assurance Maps set out in Appendices A and B of the report.

The Committee resolved:-

to approve the recommendation.

Please note that there is an exempt and confidential appendix contained within the Exempt/Confidential section of this agenda.

The Committee had before it a report by the Director of Customer Services which provided details of the numbers and values of Council Tax, Non-Domestic Rates, Housing Benefit Overpayments and Council house rent debts made unrecoverable during 2018/19 as required in terms of Financial Regulations and approve Non-Domestic Rates write offs in excess of £25,000.

The report recommended:-

that the Committee –

(a)       note the value of Council Tax, Non-Domestic Rates and Housing Benefit Overpayments deemed by the Chief Officer - Finance and Chief Officer – Customer Experience and Council house rent deemed by the Chief Officer – Early Intervention and Community Empowerment as unrecoverable and shown in Appendices 1, 2, 3 and 5 of the report; and 

(b)       approve the Non-Domestic Rates debts in excess of £25,000 shown in Appendix 4 are unrecoverable and be written off.

The Committee resolved:-

to approve the recommendations.

With reference to article 23 of the minute of meeting of the Communities, Housing and Infrastructure Committee of 15 March 2016, the Committee had before it a report by the Chief Officer – City Growth which provided an update on the works around Smart Cities and sought the withdrawal from the Aberdeen City Council Warm Connected Homes Project from Scotland’s 8^th City European Regional Development Fund (ERDF) Programme.

The report recommended:-

that the Committee –

(a)       instruct the Chief Officer – City Growth to confirm withdrawal from the Aberdeen Warm Connected Homes project from Scotland’s 8th City ERDF Programme with the lead partner and write to the relevant body; and

(b)       reallocate the Warmer Homes budget to support Smart City projects within the Smart City Strategy.

The Committee resolved:-

to approve the recommendations.

With reference to article 18 of the minute of the previous meeting of 26 September 2019, the Committee had before it a report by the Director of Resources which outlined details of the planned projects within Phase 3 of the Early Learning and Childcare Expansion Programme.

The report recommended:-

that the Committee –

(a)       Phase 3 Capital Projects:-

(1)     approve funding for the delivery of Phase 3 of the Early Learning and Childcare expansion programme in accordance with the principles of the specific Capital Grant award; and

(2)     delegate authority to the Chief Officer - Capital, following consultation with the Convener of the City Growth and Resources Committee, the Convener of the Capital Programme Committee and the Head of Commercial and Procurement Services, to consider and approve business cases (including estimated expenditures) where required for the following projects for the purposes of Procurement Regulation 4.1.1:-

·         Dyce School – Minor Reconfiguration;

·         Danestone School – New Build Nursery;

·         Glashieburn School – Minor Reconfiguration;

·         Kittybrewster School – Minor Reconfiguration;

·         Forehill School – Minor Reconfiguration;

·         Fernielea School – Minor Reconfiguration;

·         Scotstown School – Minor Reconfiguration;

·         Greenbrae School – Minor Reconfiguration;

·         Walker Road School – Minor Reconfiguration;

thereafter to procure appropriate works and services, and enter into any contracts necessary for the delivery of the projects subject to due diligence, consistency with the financial model and affordability and regular update on progress against approved business cases at the Capital Programme Committee; and

(b)       Partner Providers Grant Funding Scheme:-

(1)     approve the establishment of a £1 million Partner Providers Grant Funding Scheme, to be funded from and operated in accordance with the principles of the specific Revenue Grant award, to support Early Learning & Childcare Partner Providers to increase quality provision and capacity to deliver the expanded hours for Early Learning and Childcare from August 2020; and

(2)     delegate authority to the Chief Education Officer to approve, in consultation with the Early Learning and Childcare Programme Board, specific grants from the Partner Providers Grant Funding Scheme, to individual Early Learning and Childcare Providers, to support infrastructure projects and increase quality provision for the delivery of expanded hours of Early Learning and Childcare.

The Committee resolved:-

to approve the recommendations.

DECLARATION OF INTEREST

In accordance with article 2 of this minute, the Convener withdrew from the meeting prior to consideration of the following item of business. Councillor Houghton substituted for the Convener and the Vice Convener assumed the Chair, both for this item of business only.

Please note that there is an exempt appendix contained within the Exempt/Confidential section of this agenda.

With reference to article 22 of the minute of meeting of 18 September 2018, the Committee had before it a report by the Director of Resources which provided an update on the programme for the redevelopment of Queen Street and the outcome of the Outline Business Case for North East Scotland and Northern Isles Integrated Mortuary.

The report recommended:-

that the Committee –

(a)       Queen Street Redevelopment:-

(1)     approve the development programme and various workstreams, subject to agreement with appropriate public sector partners and statutory bodies involved;

(b)       North East Scotland and Northern Isles Integrated Mortuary:-

(1)     approve the Integrated Mortuary Outline Business Case;

(2)     instruct the Director of Resources to proceed to procurement for the development of a Full Business Case including financial model and detailed design;

(3)     note the duplication in effort in proceeding with the temporary mortuary facility and agree to transfer the £800k budget from that project to support the development of a full business case for the permanent facility; and

(4)     instruct the Director of Resources to engage with potential partners of the Integrated Mortuary to establish their funding position in relation to the project.

The Committee resolved:-

(i)        to approve the recommendations; and

(ii)       to thank officers for the work undertaken to prepare the report.

With reference to article 8 of the minute of meeting of 27 November 2018, the Committee had before it a report by the Chief Officer – City Growth which provided information on the publication and main findings of the second annual report by the Economic Policy Panel, an independent panel formed to advise on the city region’s economic performance.

The report recommended:-

that the Committee –

(a)       note the policy panel’s second annual report;

(b)       instruct the Chief Officer - City Growth, following consultation with the Panel, to undertake a review of the second annual report with a view to identifying scope for the future development of the report; and

(c)       note the recommendations of the policy panel and to approve the officers proposed response to each recommendation in section 3.6 of the report.

The Committee resolved:-

(i)        to approve the recommendations;

(ii)       to note the Economic Policy Panel has recommended that the city develops its own strategy for net zero transition and further notes that over half of all Scottish jobs in energy are located in Aberdeen and the north east;

(iii)      to note that the Council is close to completing the delivery of the Strategic Infrastructure Plan agreed in 2013;

(iv)      therefore, to agree:-

•        that a place-based strategy is produced, supported by a framework of supporting delivery actions;

•        to develop a new prioritised Strategic Infrastructure Plan and develop a Net Zero Transition Plan that can be used to support the business case for any future bids to anticipated investment funding from the UK Government and the Scottish Government;

•        to approve expenditure of up to £150k from existing corporate budgets to provide support to prepare the strategy and infrastructure plan; and

•        instructs the Director of Resources to procure the necessary work and thereafter provide a report to Committee on the outcome of those works.

With reference to article 3 of the minute of the Special meeting of 31 July 2019, the Committee had before it a report by the Director of Resources which provided information on the budget for 2020/21 by setting out the high-level overview of the work carried out and the service redesign proposals that could address the financial forecasts. The report specifically referred to the Council’s General Fund.

The report recommended:-

that the Committee –

(a)       note the financial modelling that has been updated for 2020/21 to 2023/24;

(b)       note the wide range of anticipated demands that will place pressure on the Council’s General Fund Revenue Budget;

(c)       note the existing General Fund Capital Programme and anticipated investment profile that has been updated with the latest information; and

(d)       instruct the Chief Executive to report back to the Council on 3 March 2020 with budget options for 2020/21, together with Equalities and Human Rights Impact Assessments (EHRIAs)

The Committee resolved:-

(i)        to approve the recommendations;

(ii)       to note that as part of the COSLA/Scottish Government Local Governance Review, national pilot projects are being considered;

(iii)      to instruct the Chief Executive to consider which elements of our transformation programme meet the criteria for consideration as national pilot projects and submits relevant applications to Scottish Government and reports back to Committee as appropriate; and

(iv)      to thank officers for the work undertaken to prepare the report.

The Committee were advised that the report had been withdrawn.

With reference to article 8 of the minute of meeting of 25 April 2019, the Committee had before it a report which sought approval of the final version of the Aberdeen Adapts: Climate Adaptation Framework, along with the associated Environmental Report and provided information on proposals for a governance model for climate change.

The report recommended:-

that the Committee –

(a)       approve the final text version of Aberdeen Adapts: Climate Adaptation Framework as outlined in Appendix 2 of the report;

(b)       approve the final Aberdeen Adapts, Environmental Report, Strategic Environmental Assessment, as outlined in Appendix 3 of the report; and

(c)       instruct the Chief Officer – Strategic Place Planning, to align the governance arrangements for climate emission reduction (Powering Aberdeen), with adaptation (Aberdeen Adapts).

The Convener, seconded by the Vice Convener moved:-

            that the Committee approve the recommendations contained within the report and outlined above.

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

            that the Committee:-

(1)     approve the recommendations contained within the report and outlined above; and

(2)     agree to declare a climate emergency.

On a division, there voted:- for the motion (5) – the Convener, the Vice Convener and Councillors Boulton, Laing and Wheeler; for the amendment (4) – Councillors Flynn, McLellan, Nicoll and Yuill.

The Committee resolved:-

to adopt the motion.

In terms of Standing Order 31.7, Councillors Flynn, McLellan, Nicoll and Yuill intimated their dissent against the foregoing decision.

With reference to article 11 of the minute of meeting of 6 June 2019, the Committee had before it a report by the Chief Officer – Strategic Place Planning which sought the adoption of the final draft Sustainable Urban Mobility Plan (SUMP) for Aberdeen.

The report recommended:-

that the Committee –

(a)       adopt the SUMP as presented in Appendix A in the report;

(b)       instruct the Chief Officer – Strategic Place Planning, in consultation with the Chief Officer – Operations and Protective Services, to commence delivery of the small-scale projects listed in the SUMP that can be progressed in the short-term; and

(c)       instruct the Chief Officer – Strategic Place Planning and Chief Officer – Capital, to develop a prioritised delivery programme of transport interventions (to encompass larger-scale interventions recommended in the SUMP and the City Centre Masterplan, as well projects arising from the recent Roads Hierarchy review and the ongoing Low Emission Zone development process) to inform the Capital budget process and report this programme back to Committee in due course.

The Convener, seconded by the Vice Convener moved:-

            that the Committee approve the recommendations contained within the report and outlined above.

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

            that the Committee:-

(1)     approve recommendations (a) and (c) as contained within the report and outlined above;

(2)     that the Chief Officer – Strategic Place Planning submit a report to this Committee detailing the measures that could be progressed in the short term together with details of the costs involved and the priority in which the measures contained in the report would be progressed;

(3)     that the Chief Officer – Operations and Protective Services submit a report to this Committee on possible measures, together with the cost and practical implications, of restricting HGV access on Victoria Road between the junctions of Crombie Road and St Fitticks Road in order to enhance residential amenity; and

(4)     note that cyclists are very vulnerable in any collision with vehicles and agrees that, wherever practical, cycle lanes should be physically segregated from carriageways carrying vehicle traffic.

On a division, there voted:- for the motion (5) – the Convener, the Vice Convener and Councillors Boulton, Laing and Wheeler; for the amendment (4) – Councillors Flynn, McLellan, Nicoll and Yuill.

The Committee resolved:-

to adopt the motion.

The Committee had before it a report by the Chief Officer – Strategic Place Planning which provided an update on the progress of identifying an optimum Low Emission Zone for Aberdeen and to gain agreement on objectives to guide the appraisal process.

The report recommended:-

that the Committee agree the objectives identified in section 3.5 of the report to guide the Low Emission Zone option appraisal process.

The Committee resolved:-

to approve the recommendation.

With reference to article 9 of the minute of meeting of 24 April 2018, the Committee had before it a report by the Chief Officer – Strategic Place Planning which sought approval for the construction of a 3 metres wide standard shared-use pedestrian and cycleway north of Aberdeen along the A92 from the Murcar roundabout, Bridge of Don northwards to South Blackdog.

The report recommended:-

that the Committee –

(a)       approve the detailed design of the shared use path;

(b)       delegate authority to the Chief Officer – Capital following consultation with the Head of Commercial and Procurement Services, to undertake a tender process for the procurement and thereafter award of a contract;

(c)       approve the total estimated expenditure of £450,000 as detailed in this report; and

(d)       instruct the Chief Officer – Operations and Protective Services to undertake the statutory requirements to promote a Redetermination Order to support the successful delivery of the project.

The Committee resolved:-

to approve the recommendations.

DECLARATION OF INTEREST

In accordance with article 2 of this minute, Councillor Laing withdrew from the meeting prior to consideration of the following item of business. Councillor Houghton substituted for Councillor Laing for this item of business only.

The Committee had before it a report by the Chief Officer – City Growth which sought approval of the amended VisitAberdeenshire Articles of Association.

The report recommended:-

that the Committee approve the amendments to the Aberdeen and Aberdeenshire Tourism Company Limited (VisitAberdeenshire) Articles of Association (provided in Appendix 1 to this report) and instructs the Chief Officer – Governance to sign and return the written resolution on behalf of Aberdeen City Council.

The Committee resolved:-

to approve the recommendation.

With reference to article 5 of the minute of the previous meeting of 26 September 2019, the Committee had before it a report by the Director of Resources which provided information regarding a Notice of Motion submitted by Councillor Boulton relating to the restriction of future vehicular access to the Deeside Way.

The report recommended:-

that the Committee agree that there is no change required to the current position, whereby any temporary access required to the Deeside Way for all purposes, including construction vehicles to facilitate development, is strictly controlled under the Delegated Power granted to the Chief Officer – Corporate Landlord, for the issuing of Licences of Temporary Occupancy, and that these current practices are considered to work effectively and provide robust control of vehicular access to the Deeside Way, without the need to further prohibit the majority of vehicles.

The Committee resolved:-

(i)        to note the terms of the report;

(ii)       to note that the Deeside Way is valued as a Core Path, National Cycle Route and a wildlife corridor designated as a Local Nature Conservation Site and as such the general public’s right to make use of it, primarily for walking and cycling both recreationally, and as a means of commuting to include disabled access and horse riding;

(iii)      to note that paragraph 3.5 of the report confirms “There are no general rights of access for motorised vehicles over the Deeside Way”;

(iv)      to note that Aberdeen City Council (Parks and Outdoor Areas) Management Rules number 4 as adopted by virtue of S112 of the Civic Government (Scotland) Act 1982; and

(v)       to note 3.9 and 3.10 of the report which supports the fact that use is currently restricted, and therefore instructs the Chief Officer - Corporate Landlord to restrict use on the Deeside Way to: (1) maintenance/refuse collection by the Council and its contractors, (2) access for statutory undertakers, utility companies and telecommunication companies (in emergency and non-emergency situations); (3) emergency services vehicles; and (4) any appropriate non-emergency services vehicles required to attend to matters of public safety or Health & Safety, and prohibit any other access by any other vehicle for any other purpose without consent from the City Growth and Resources Committee.

Please note that there is an exempt appendix contained within the Exempt/Confidential section of this agenda.

With reference to article 13 of the minute of the previous meeting of 26 September 2019, the Committee had before it a report by the Director of Resources which sought approval of additional projects for inclusion in the Condition and Suitability Programme in line with the previous Committee decision to not approve the budget adjustment for the Tullos Depot Salt Store.

The report recommended:-

that the Committee –

(a)       approve the additional Condition & Suitability Programme projects listed in Appendix A of the report for inclusion in the 3-year Condition & Suitability Programme and estimated budget for each project; and

(b)       delegate authority to the Chief Officer - Capital, following consultation with the Head of Commercial and Procurement Services, to consider and approve procurement business cases for each of these projects for the purposes of Procurement Regulation 4.1.1; and thereafter to procure appropriate works and services, and enter into any contracts necessary for the projects without the need for further approval from any other Committee of the Council.

The Committee resolved:-

to approve the recommendations.

In accordance with the decision recorded under article 1 of this minute, the following items of business were considered with the press and public excluded.

The Committee had before it an exempt and confidential appendix relating to the Unrecoverable Debt report. (Article 6 of this minute refers).

The Committee resolved:-

to note the details contained within the exempt and confidential appendix.

The Committee had before it an exempt appendix relating to the Queen Street Redevelopment Programme report. (Article 9 of this minute refers).

The Committee resolved:-

to note the details contained within the exempt appendix.

The Committee had before it an exempt appendix relating to the Condition and Suitability 3 Year Programme - Additional Projects report. (Article 19 of this minute refers).

The Committee resolved:-

to note the details contained within the exempt appendix.

With reference to article 47 of the minute of meeting of the Finance, Policy and Resources Committee of 9 March 2017, the Committee had before it a report by the Director of Resources which provided details in relation to the current financial position of Transition Extreme.

The report recommended:-

that the Committee –

(a)       instruct the Chief Officer – Finance to request that Transition Extreme submit a copy of their updated Business Plan by 31 March 2020; and

(b)       agree to delegate authority to the Chief Officer – Finance, in consultation with the Convener and the Chief Officer - Governance, to arrange an extension of the guarantee, for the amount outlined in the report, for the  period from 1 January 2020.

The Committee resolved:-

to approve the recommendations.

The Committee had before it a report by the Director of Resources which advised of an opportunity to purchase a 0.03 hectare (0.06 acre) site comprising of a car park accessed off a shared access road from Queen Street to facilitate its utilisation as part of the Queen Street Masterplan regeneration project.

The report recommended:-

that the Committee –

(a)       approve the proposal to purchase the site on the agreed heads of  terms; and

(b)       instruct the Chief Officer – Governance to conclude the appropriate legal agreement incorporating various qualifications as are necessary to protect the Council’s interest.

The Committee resolved:-

to approve the recommendations.

-           COUNCILLOR DOUGLAS LUMSDEN, Convener