Agenda item

With reference to Article 10 of the minute of meeting of the Education, Culture and Sport Committee of 7 June 2012, which had been referred to it for consideration by nine members of the Committee, the Council had before it (1) a report by the Acting Director of Education, Culture and Sport which provided an update on moving community centres to leased centre status, outlined the remaining actions to be taken in order to complete the process, and set out proposals for Rosemount Community Centre and the community wings of 3Rs schools, so that they remained the responsibility of the Council; and (2) the decision of the Education, Culture and Sport Committee as follows:-

(i)                 to note that the following centres are being supported to become leased centres within the short term - Old Torry Centre, Mastrick Community Centre, Northfield Community Centre, Loirston Community Centre and Kincorth Community Centre;

(ii)               to note the progress of photographic condition surveys for the community centres that are progressing to leased centre status;

(iii)             to note the approach from the Grampian Police Joint Board to occupy part of the Rosemount Community Centre; formally note that the space is surplus to the requirements of the Education, Culture and Sport Service and instruct the Head of Legal and Democratic Services and Head of Asset Management and Operations to negotiate final terms and conclude a 10 year lease/license agreement for the area of Rosemount Community Centre as set out in the report on the basis of the Finance and Resources Committee approving resolution xiii(b) below;

(iv)              that the lower hall area of Rosemount Community Centre be declared as surplus to the immediate requirements of the Education, Culture and Sport Service and authorise the Head of Asset Management and Operations to market the space for lease on commercial terms for a period of up to 10 years on the basis of the Finance and Resources Committee approving resolution xiii(b) below;

(v)                that the community wings within 3Rs schools, and the community rooms within Torry Youth Centre, will remain within the responsibility of the Council, as set out within section 5.4 of the report, to ensure that the lifelong learning requirements of communities continue to be met, and the Council continues to be able to meet its statutory requirements;

(vi)              to instruct officers to consult with management committees associated with community schools about the proposals to retain community wings in community schools within the responsibility of the Council, and including how this would operate in practice, and report back on the outcome to the next Education, Culture and Sport Committee;

(vii)            to refer the Centre at Hillylands to the Corporate Asset Group as surplus to the requirements of the Education, Culture and Sport Service;

(viii)          to instruct the Head of Educational Development, Policy and Performance to complete an asset management plan for community centres by the end of this year in order that it can be considered as part of the budget setting for 2012/13;

(ix)              to instruct officers to report individual requests to meet the costs of significant repairs and maintenance to the relevant committee, when requested by a management committee to do so;

(x)                to note that the Old Torry Community Centre Management Committee was not ready to sign the lease and management agreement, and that the report was incorrect in stating that it was;

(xi)              to note that management committee accounts of management committees attached to community schools, 3Rs community wings, Rosemount Community Centre and Torry Youth Centre would be checked by Council officers;

(xii)            to refer the following to Council for determination:-

(a)         the decision to suspend Standing Order 22(1) to revoke the decision of the Committee on 28 March 2012 - that each lease and management agreement be reported back to the Education, Culture and Sport Committee for approval - and agree instead that individual leases and management agreements will only be brought back to committee if a management committee requests a lease for more than 10 years, or for any other exceptional reason;

(b)         the decision that due to the unique circumstances of this building, Rosemount Community Centre will not transfer to the leased community centre model, but will remain within the responsibility of the Council, with a local management committee inputting into the programming of the building; and

(c)          the decision that management committees connected to 3Rs schools, community schools and Rosemount Community Centre be provided with a grant of £625 per year, for the purpose of purchasing indemnity insurance, and public liability and employers insurances; and

(xiii)     to refer the following to the Finance and Resources Committee for determination:-

                        (a)     to note the requirement of approximately £60,000 of work required at Loirston Community Centre to carry out repairs to the car park and install a disabled toilet within the building, and to refer this to the Finance and Resources Committee with a recommendation that funding is identified to progress these works; and

                        (b)     to note the potential liabilities at Rosemount Community Centre in relation to the potential requirement for repairs to the roof and other wind and watertight works and health and safety requirements, and to refer this to the Finance and Resources Committee with a recommendation that funding is identified to progress identified works up to £100,000.

The Council resolved:-

(i)                 to agree that the items referred to the Finance and Resources Committee, as outlined above, be determined this day; and

(ii)               to suspend Standing Order 22(1) to enable matters determined within the past six months to be reconsidered this day.

Councillor Laing moved, seconded by Councillor Thomson:-

            That the Council agree -

(a)          to suspend Standing Order 22(1) to revoke the decision of the Education, Culture and Sport Committee of 28 March 2012 - that each lease and management agreement be reported back to the Education, Culture and Sport Committee for approval - and agree instead that individual leases and management agreements will only be brought back to committee if a management committee requests a lease for more than 10 years, or for any other exceptional reason;

(b)          that due to the unique circumstances of this building, Rosemount Community Centre will not transfer to the leased community centre model, but will remain within the responsibility of the Council, with a local management committee inputting into the programming of the building;

(c)          that management committees connected to 3Rs schools, community schools and Rosemount Community Centre be provided with a grant of £625 per year, for the purpose of purchasing indemnity insurance, and public liability and employers insurances; and

(d)          to revoke the powers of the Finance and Resources Committee in regard to the following and agree in respect of the requirement (1) for approximately £60,000 of work required at Loirston Community Centre to carry out repairs to the car park and install a disabled toilet within the building; and (2) the potential liabilities at Rosemount Community Centre in relation to the potential requirement for repairs to the roof and other wind and watertight works and health and safety requirements up to £100,000, that the Head of Finance be instructed to secure funding through use of capital financing costs and a review of the Education, Culture and Sport Revenue Budget out-turn position for 2011/12 as appropriate for expenditure up to a maximum of £160,000.

Councillor Greig moved as an amendment, seconded by Councillor Yuill:-

            That the Council -

(a)               note that initially all management committees of leased centres will agree their leases at the same time;

(b)               agree that Rosemount Community Centre will transfer to the leased community centre model; and

(c)                agree that management committees connected to 3Rs schools, community schools and Rosemount Community Centre be provided with a grant of £625 per year, for the purpose of purchasing indemnity insurance, and public liability and employers insurances.

Councillor Townson moved as a further amendment, seconded by Councillor McCaig:-

            That the Council -

(a)               agree that due to the unique circumstances of Rosemount Community Centre it will not transfer to the leased community centre model but will remain the responsibility of the Council working in collaboration with a management committee to construct and deliver programming of the building with the financial and operational relationship between management committee and Council clearly defined and further instructs officers to create a full overview of the proposed leasing to Grampian Police and another appropriate commercial organisation for consideration by committee prior to the Head of Asset Management and Operations concluding such proposal;

(b)               instruct officers to prepare a report on the operation and governance of facilities retained as Community Learning and Development Centres, namely 3Rs schools, community schools and Rosemount Community Centre which would explain why, if these facilities are to be retained and managed by the Council, there is any necessity for management committees to have indemnity insurance, and public liability and employers insurances, and further instruct officers to clearly define the financial and operational relationship between such management committees and Council; and

(c)               agree in respect of the requirement (1) for approximately £60,000 of work required at Loirston Community Centre to carry out repairs to the car park and install a disabled toilet within the building; and (2) the potential liabilities at Rosemount Community Centre in relation to the potential requirement for repairs to the roof and other wind and watertight works and health and safety requirements up to £100,000, that the Head of Finance be instructed to secure funding through use of capital financing costs and a review of the Education, Culture and Sport Revenue Budget out-turn position for 2011/12 as appropriate for expenditure up to a maximum of £160,000.

In terms of Standing Order 12(9), the Council first divided between the amendment by Councillor Greig and the amendment by Councillor Townson.

On a division, there voted:-

For the amendment by Councillor Greig  (4)  -  Councillors Delaney, Greig, Malone and Yuill.

For the amendment by Councillor Townson  (11)  -  Councillors Cameron, Corall, Dickson, Jaffrey, Kiddie, MacGregor, McCaig, May, Noble, Samarai and Townson.

Declined to vote  (22)  -  Lord Provost; Depute Provost; and Councillors Allan, Boulton, Carle, Cooney, Crockett, Donnelly, Lesley Dunbar, Finlayson, Forsyth, Graham, Grant, Len Ironside CBE, Laing, Lawrence, Malik, Milne, Jean Morrison MBE, Nathan Morrison, Taylor and Young.

Absent from the division  (1)  -  Councillor Thomson.

The Council then divided between the motion and the amendment by Councillor Townson.

On a division, there voted:-

For the motion  (22)  -  Lord Provost; Depute Provost; and Councillors Allan, Boulton, Carle, Cooney, Crockett, Donnelly, Lesley Dunbar, Finlayson, Forsyth, Graham, Grant, Len Ironside CBE, Laing, Lawrence, Malik, Milne, Jean Morrison MBE, Nathan Morrison, Taylor and Young.

For the amendment by Councillor Townson  (15)  -  Councillors Cameron, Corall, Delaney, Dickson, Greig, Jaffrey, Kiddie, MacGregor, McCaig, Malone, May, Noble, Samarai, Townson and Yuill.

Absent from the division  (1)  -  Councillor Thomson.

The Council further resolved:-

to adopt the motion.