Agenda item

With reference to article 52 of the minute of its meeting of 17 June 2011, the Committee had before it a report by the Director of Enterprise, Planning and Infrastructure which presented the outcome of the marketing of the Pinewood and Hazledene sites and advised on the legal agreement between the Council, Robert Gordon’s College and the Council’s agricultural tenant.

The report recommended:-

that the Committee -

(a)       agree that the Council wished to sell the site;

(b)       note the revised percentage split in the sale proceeds between all interested parties;

(c)        instruct the Head of Legal and Democratic Services to conclude missives for the sale of this property, in terms of the tri-partite agreement to Dandara Limited based on its offer number 4 detailed in the report, incorporating various qualifications as were necessary to protect the Council’s interests;  and

(d)       in the event that the recommendation (c) above was approved, agree to an alteration to the current split between the College and the Council, based on the College’s preference to accept offer number 3 detailed in the report with payment over a three year period.  This would result in the College receiving payment as if offer number 3 had been accepted, with the effect that they received a quicker but lower payment.

The Vice Convener moved, seconded by Councillor Donnelly, moved:-

that the recommendations contained in the report be approved.

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

that the Committee -

(a)        agree that the Council wished to sell the site at some future time to be agreed and take no further action meantime;  and

(b)        request officers to submit a further report to this Committee on the revised split in the sale proceeds to enable further scrutiny of the proportions to each party for information only.

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

that the Committee -

(a)        instruct officers to recommence negotiations with the tenant to reduce their share of proceeds to reflect the Council’s land ownership and the limited duration of their lease and to report back to the next meeting of this Committee on the outcome of the negotiations;  and

(b)        agree that should there be no movement within the negotiation, not to sell the land until 2020 after the lease had ended.

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

On a division, there voted:-  for the amendment by Councillor Greig (2) - Councillors Greig and Malone;  for the amendment by Councillor Noble (5) - Councillors Cameron, Dickson, Jackie Dunbar, McCaig and Noble;  declined to vote (8) - the Vice Convener; and Councillors Cooney, Donnelly, Graham, Ironside, Nathan Morrison, Reynolds and Taylor.

The Committee then divided between the motion and the successful amendment by Councillor Noble.

On a division, there voted:-  for the motion (8) - the Vice Convener;  and Councillors Cooney, Donnelly, Graham, Ironside, Nathan Morrison, Reynolds and Taylor;  for the amendment by Councillor Noble (7) - Councillors Cameron, Dickson, Jackie Dunbar, Greig, McCaig, Malone and Noble.

The Committee resolved:-

to adopt the motion.

In terms of Standing Order 36(3), Councillor Greig intimated that he wished this matter to be referred to Council for final determination and was supported by Councillors Jackie Dunbar, McCaig, Malone and Noble.

At this point, the Convener rejoined the meeting and resumed the Chair.