Agenda item

With reference to article 7 of the minute of its previous meeting of 20 September, 2012, the Committee had before it a report by the Acting Director of Education, Culture and Sport which updated members (1) in relation to moving community centres to the “leased” type model, and (2) on the current position of the seven community centres which had leases that were operating on the basis of tacit relocation, and were due to come to an end on 28 November, 2012.

With reference to article 4 of this minute, the Committee heard from (1) Andy Cowie and Alex Mess – Powis Community Centre, (2) Paul O'Connor – Chair of Inchgarth Community Centre, (3) Scott Beattie – Vice Chair of Inchgarth Community Centre, (4) Phil D'Arcy, Wilma Mackland and Brian Allan - Community Learning Centres Forum, (5) David Forbes, Chairman, Future Choices, (6)        Marie Adams, Create Aberdeen, and (7) Sylvia Davidson (who spoke both in relation to this item and item 9.2 of the agenda). At this juncture, Councillor McCaig asked if the Convener would consider revisiting the decision to take item 9.2 of the agenda in private, depending on the information forthcoming from Mrs Davidson. The Convener indicated that this decision would not be revisited.

Mr Cowie and Mr Mess intimated that the personable liability issue was the biggest concern for them and asked that the matter be deferred for consideration at a later date; Mr O’Connor also raised the issue of personal liability and suggested that he was being asked to sign a schedule that he had not had sight of; Mr Beattie advised that a petition had been set up online, and read out a number of the comments which had been logged in this regard; Mr D’Arcy, Ms Mackland and Mr Allan asked that all parties get back around the table for further discussions; Mr Forbes spoke about the importance of the community centres in relation to the disabled community; Ms Adams suggested that the Council was ignoring the needs of vulnerable people in the city; and Mrs Davidson requested that members take decisions on this day in the best interest of the community centres.

Members asked a number of questions of the deputations.

The Service Manager for Communities introduced the report and circulated a supplementary paper which updated members on the position of different centres in relation to signing up to the new lease agreements, and legal negotiations which had been ongoing. The supplementary paper also advised that in 2011, Ruthrieston community centre had become a leased centre, at which time the individuals involved decided to set up a new management committee to run the centre. The previous management committee, which had been responsible for running the centre prior to the transfer to the leased model took a decision at that time to dissolve and transfer all their funds to the new management committee.

In working through the paperwork involved in transferring the funds, it had emerged that the former management committee did not have a dissolution clause in its constitution. In the absence of such a clause, the Education, Culture and Sport Committee was (as parent committee of the former management committee) was requested to agree to the transfer of funds to the new Ruthrieston management committee.

The report recommended –

that the Committee:

(a)       notes the progress of the Balnagask, Balgownie, Catherine Street, Froghall, Inchgarth, Sheddocksley and Tillydrone community centres, where the leases are continuing on the basis of tacit relation, onto the new lease and management agreement arrangements’;

(b)       in respect of these centres, where the management committee has been unable or unwilling to sign up to the new lease and management agreement prior to 28 November 2012, for each of these community centres, to either:

(1)       instruct officers to provide a temporary licence for the management committee, within the same terms and conditions of the new lease and management agreement, through to 31 January 2013 (with the exception of constitutional requirements: the association may still be in the process of amending their constitution to one that meets the requirements of the lease and management agreement), or

(2)       note that the management committee will cease to be legally responsible for, and will have no right to legally occupy the community centre from midnight on 28 November 2012, and instruct Council officers to take appropriate legal steps to terminate the occupancy and arrange to provide an interim service from, or mothball that community centre, until such time as a new management committee can be put in place, or

(3)       confirm that the management committee will cease to legally be responsible for, and will have no right to legally occupy the community centre from midnight on 28 November 2012, and instruct Council officers to take appropriate legal steps to terminate the occupancy and arrange to put in place a sustainable programme under the responsibility and management of the Council, or

(4)       confirm that the management committee will cease to legally be responsible for, and will have no right to legally occupy the community centre from midnight on 28 November 2012, and instruct Council officers to take appropriate legal steps to terminate the occupancy and mothball the community centre in the interim and report back with recommendations for the centre following the conclusion of the community asset review.

(all of the above subject to clause 5.2.9 in the report – “it is noted that there may be a situation whereby officers are instructed to provide a temporary licence and the management committee take a decision not to sign such a temporary licence. In such a situation, the management committee will, by default, cease to be legally responsible for the community centre from midnight on 28 November 2012. In these cases, officers will take appropriate legal steps to terminate the occupancy and take action to provide an interim service from that centre until such time as a new management committee can be put in place (option 2 above)”); and

(c)        notes the progress in relation to moving the remaining community centres onto the new lease and management agreement.

The Convener, seconded by the Vice Convener, moved –

that the Committee:

(I)      notes the progress of the following centres, where the leases are continuing on the basis of tacit relation, onto the new lease and management agreement arrangements: Balnagask, Balgownie, Catherine Street, Froghall, Inchgarth, Sheddocksley and Tillydrone community centres;

(II)      in respect of these centres, where the management committee has been unable or unwilling to sign up to the new lease and management agreement prior to 28 November 2012, for each of these community centres, to instruct officers to provide a temporary licence for the management committee, within the same terms and conditions of the new lease and management agreement, through to 31 January 2013 (with the exception of constitutional requirements: the association may still be in the process of amending their constitution to one that meets the requirements of the lease and management agreement), subject to clause 5.2.9 in the report;

(III)     notes the progress in relation to moving the remaining community centres onto the new lease and management agreement;

(IV)    instructs officers to introduce a scheme (including setting criteria) whereby Associations will be invited to apply to the Council around about November/December for financial assistance/contribution towards any outstanding or identified external repairs for which they are liable, but are struggling to afford;

(V)    approves the transfer of the funds from the former Ruthrieston management committee to the current Ruthrieston management committee; and

(VI)    instructs officers to offer management committees who do not wish to sign up to the lease and management agreement, an alternative option whereby the affected Community Centre would still require to sign a licence to occupy prior to the 28 November 2012, but once the lease expires on 31 January 2013, would be operated in the same way as a community centre attached to a school: i.e. it would be run and managed by the Council, with the management committee inputting into the development of a programme at that site. In this situation, the management committee would no longer be entitled to a Development Grant (from 1 February 2013 onwards), but would still be eligible to receive £625 per year for the purpose of purchasing insurance. It is understood that the transition to such a model may require a reduction in programme at the affected site.

Councillor Stewart, seconded by Councillor Greig, moved as an amendment –

that the Committee:

(A)    notes the content of the report;

(B)    instructs officers to continue discussions on the basis the Council will be responsible for external maintenance of lease centres;     

(C)    agrees to allow community centres to continue to occupy the buildings during negotiations on the basis of a licence to occupy until December, 2013;

(D)    agrees that the Council will not take any action against individual community centre members; and further that no personal liability of committee members will be incurred or pursued;

(E)    note for clarity, that none of clause 5.2.9 is to be included;

(F)     approves that funding required will be taken from reserves; and

(G)    approves the transfer of the funds from the former Ruthrieston management committee to the current Ruthrieston management committee.

Councillor Townson, seconded by Councillor McCaig, moved as a further amendment –

that the Committee:

(i)  notes the progress of the Balnagask, Balgownie, Catherine Street, Froghall, Inchgarth, Sheddocksley and Tillydrone community centres, where the leases are continuing on the basis of tacit relation, onto the new lease and management agreement arrangements;

(ii) in respect of any centres where the management committee have been unable to sign up to the new lease and management agreement prior to 28 November, 2012 because of legal requirements upon them to make amendments to the constitution to allow employees to be committee member office bearers and where such changes to be effected involves the holding of an extraordinary general meeting requiring 28 days notification, committee instructs officers to provide a temporary licence for such management committee with the same terms and conditions as the new lease and management agreement, subject to (iv) below, through to 31 January, 2013;

(iii)  instructs that the Development Grant should be reinstated for such centres through to 31 January, 2013;

(iv)  instructs that the management committee of any leased community centre can request the Council to fund a repair; Council can decide if this can be afforded by the Council; having full regard to health and safety issues if the Council decides not to fund such a repair that neither the management committee nor the Association such management committee represents shall be legally burdened in any way and shall not have to accept responsibility to fund this work but may however choose to fund this work; if such a repair cannot be afforded by the Council and has implications regarding health and safety issues, officers should refer this back to this Committee for decision to terminate the lease;

(v) notes the progress in relation to moving the remaining community centres to the new lease and management agreement; and

(vi) approves the transfer of the funds from the former Ruthrieston management committee to the current Ruthrieston management committee.

On a division between the amendment by Councillor Stewart and the amendment by Councillor Townson, the votes cast were as follows: amendment by Councillor Stewart (2) – Councillors Greig and Stewart; amendment by Councillor Townson (8) – Councillors Cameron, Jaffrey, McCaig, May, Noble, Samarai, Townson and Reverend McKenna; declined to vote (14) – the Convener, the Vice Convener and Councillors Boulton, Cooney, Lesley Dunbar, Grant, Lawrence, Jean Morrison, Taylor and Young, Mr Maclean, Mr Nicoll, Mrs Tree, and Mrs Wischik; absent from the division (2) – Mr Duncan and Mr Paul.

On a division between the motion and the amendment by Councillor Townson, the votes cast were as follows: for the motion (14) – the Convener, the Vice Convener, and Councillors Boulton, Cooney, Lesley Dunbar, Grant, Lawrence, Jean Morrison, Taylor and Young, Mr Maclean, Mr Nicoll, Mrs Tree, and Mrs Wischik; for the amendment (9) – Councillors Cameron, Greig, Jaffrey, McCaig, May, Noble, Samarai, Stewart and Townson; declined to vote (1) – Reverend McKenna; absent from the division (2) – Mr Duncan and Mr Paul.

The Committee resolved:

to adopt the successful motion.

In terms of Standing Order 36(3), Councillor McCaig intimated he would like to refer this decision to the next meeting of full Council (19 December, 2012) for final determination. Councillor McCaig was supported by Councillors Cameron, Greig, Jaffrey, McCaig, May, Noble, Samarai, Stewart and Townson.

In terms of Standing Order 36(6), the Convener ruled that such a reference would have the effect of depriving the Council of the opportunity to make a meaningful or effective determination on the matter of this Committee’s decision, due to the timescales involved.

In terms of Standing Order 15(6), Councillors Cameron, Greig, Jaffrey, McCaig, May, Noble, Samarai, Stewart and Townson declared dissent in relation to the preceding Committee decision.