Agenda item

• Briefing paper

(A)       In terms of Standing Order 10(2), the Council received a deputation from Mr Alexander Mess and Reverend Andy Cowie of Powis Gateway Community Centre.

Mr Mess and Reverend Cowie explained the difficulties they had in finding volunteers and attracting funding, and emphasised that a number of the proposals by the Council would make it even more difficult for volunteers to continue.

Reverend Cowie asked the Council to meet the costs of the community centres’ liability insurance and explained the reasons for this request. He argued that volunteers should not be personally liable and underlined that this would be a major stumbling block in terms of community centres signing management agreements.

Members asked questions of Mr Mess and Reverend Cowie and thanked them for their contribution.

(B)       The Council then received a deputation from Mr Brian Allan, Aberdeen Community Learning Centres Forum, Mr Paul O’Connor, and Ms Sylvia Davidson, Woodside Community Centre.

Mr Allan pleaded with the Council to resolve the situation to the satisfaction of all parties this day. Mr O’Connor highlighted the excellent work in community centres across the city; emphasised that all parties needed to work together; and stressed that safeguards needed to be put in place in relation to personal liability. Ms Davidson underlined the value of volunteers to the city and the Council, and implored members to bear that in mind in terms of their decision making.

Members asked questions of Mr Allan, Mr O’Connor and Ms Davidson and thanked them for their contribution.

DECLARATIONS OF INTERESTS

At this stage, Councillor Donnelly declared an interest by virtue of his position as Chairperson of the Management Committee of Ferryhill Community Centre. Councillor Donnelly did not consider that the nature of his interest was significant enough to require him to withdraw from the meeting.

Councillor McDonald MSP declared an interest by virtue of his wife being a member of the Management Committee of Dyce Community Centre. Councillor McDonald MSP considered that the nature of his interest required him to leave the meeting and took no part in the Council’s deliberations thereon.

            (C)       With reference to Article 2 of the minute of meeting of the Education Culture and Sport Committee of 28 March 2012, the Council had before it, by way of remit:- (1) a report by the Acting Director of Education, Culture and Sport which provided a management agreement and lease for approval, outlining the areas which remained unresolved at the conclusion of the mediation, and explaining the implications for the Council of amending the agreements in the manner being requested by community centre representatives; and (2) the decision of the Education, Culture and Sport Committee, as follows:-

(a)       to note the mediation Heads of Agreement and thank both the community centre representatives and officers for their contribution to the mediation process;

(b)       in relation to the draft management agreement and lease attached to the report, to agree:-

(i)                 that the Council meet the costs of the community centres’ personal and legal liability insurance cover; and refer consideration of the financial implications to Council on 4 April;

(ii)               to refer to Council on 4 April for consideration those provisions within the agreement which, as drafted, enable the Council to take legal action against a management committee; and, in this connection, to instruct the Head of Legal and Democratic Services to provide advice to Council on the implications of it limiting the extent of such legal action to the equivalent or less than the value of the assets of the community centre except in the cases of criminality or gross misconduct;

(iii)             to retain the provision within the management agreement which requires a mutual indemnity in relation to breaches of data protection;

(iv)              to retain the provision within the management agreement which allows the Council to terminate the agreement in the event of a late payment by a community centre in relation to debts which are not disputed. However, to require that the management agreement require any disputed debt to be referred to the dispute resolution process outlined therein; and to refer consideration of the financial implications to Council on 4 April;

(v)                to suspend Standing Order 22(1) to revoke the decision of the Committee of 23 February - that there be provision to allow community centres who wish a lease in excess of five years to have such a lease subject to committee agreement - and instead that standard leases be for ten years, with each request to be considered on a case by case basis and reported back to the Education, Culture and Sport Committee for approval; and to refer consideration of the financial implications to Council on 4 April;

(vi)              to agree the proposed management agreement and lease appended to the report as amended above, although subject to approval by Council on 4 April where appropriate; and to delegate final refinements (including schedules on janitorial arrangements and community schools) to the Head of Legal and Democratic Services, in consultation with the legal representative of the community centres and the Conveners and Vice-Conveners of the Education, Culture and Sport and Finance and Resources Committees;

(c)        to agree that, until such time as the management agreement is signed, those management committees which continue towards becoming leased will continue to receive a pro rata transition grant equal to the value of the Development Grant, paid on a monthly basis;

(d)       to agree that the Council will not require community centres to offer residents a discount on charges as part of the Residents Discount Scheme;

(e)       to instruct officers to investigate Council assistance in providing PVG checks, in consultation with management committees, and delegates to the Head of Legal and Democratic Services, in consultation with the legal representative of the community centres, the Conveners and Vice-Conveners of the Education, Culture and Sport and Finance and Resources Committees, any decision on whether the Council carries out checks or provides training and guidance;

(f)          to seek further reports on the progress of signing community centres up to the management agreement; and

(g)       to otherwise note the report.

The Council also had before it a briefing paper by the Acting Director of Education, Culture and Sport which expanded upon the various implications of the items that had been referred to Council by the Education, Culture and Sport Committee as highlighted in bold above.

The Council resolved:-

(i)         of the items referred to Council, as outlined above:-

(a)     to agree resolution (b)(i);

(b)     in respect of resolution (b)(ii), to agree that the process for legal action outlined in the draft agreement be included, noting that the insurance at item (b)(i) would protect volunteer committee members, but to stipulate that no legal action should be undertaken without prior committee approval;

(c)      to agree resolution (b)(iv), with a budget of £10,000 as advised by officers;

(d)     to agree resolution (b)(v), noting that the examination on a case by case basis by the committee would prevent any fettered discretion, and to instruct that management committees seeking to make amendments to the management agreement for local considerations should be able to do so at the point of the lease being examined by the Education, Culture and Sport Committee, and to agree a one off budget of £30,000 for the necessary maintenance inspections;

(ii)       to agree that the necessary finance for the decisions above be funded from reserves in 2012/13, and that recurring spend be incorporated into Education, Culture and Sport budgets from 2013/14; and

(iii)      to otherwise approve the decisions of the Education, Culture and Sport Committee.