Agenda item

DECLARATIONS OF INTEREST

The Vice Convener and Councillor John West declared an interest in the subject matter of the following article by virtue of their position as Council representatives on Sport Aberdeen. Both Councillors withdrew from the meeting and Councillor Corall substituted for the Vice Convener, and Councillor Cormie substituted for Councillor John West.

During the general debate that ensued in relation to the following article, Councillor Graham intimated an interest as a member of the Fairer Scotland Fund Board, but did not leave the meeting.   Councillors Crockett and Kiddie also declared interests as members of the Council’s Pension Panel but again did not consider it necessary to withdraw from the meeting.

BEACH LEISURE CENTRE – HEATING AND VENTILATION WORKS – (ECS/10/058) AND SPORT ABERDEEN – TRANSFER OF SPORTS SERVICES (ECS/10/059)

7.                  With reference to article 1 of this minute, and article 13 of the minute of meeting of Council of 19 August, 2009, the Committee had under consideration (1) a report by the Director of Education, Culture and Sport on the condition of the heating and ventilation plant at the Beach Leisure Centre which was badly in need of urgent attention following recent frequent breakdowns; and (2) a separate report by the same Director containing updated information on the current negotiations between the Council and the Board of Sport Aberdeen, the arm’s length charitable organisation to which certain Council owned sports services were to be transferred for a period of ten years.

As regards the heating and ventilation equipment at the Beach Leisure Centre, the report referred to the condition survey carried out by consultant engineers on the Council’s behalf in March, 2009;  reminded members of the outcome thereof, ie. that the general condition of the plant was found to be very poor and that, because of access difficulties and issues of scale, the particular components affected would be very difficult to replace or refurbish;  and set out the options available to the Council in order to address the matter and which would involve the closure of the facility for a time and a corresponding reduction in income.   As part of the report content, the concerns expressed by the Board of Sport Aberdeen as regards taking over responsibility for the Beach Leisure facility in its current condition, were highlighted.  

The report on the heating and ventilation plant at the Beach Leisure Centrerecommended:-

that the Committee:

(a)       note the situation in relation to the heating and ventilation equipment; and

(b)       approve urgent funding for the necessary works involved from the Capital Plan, when contingencies allowed.

The report in respect of the transfer of Sports Services from the Council to Sport Aberdeen advised that detailed discussions had taken place through the Sports Trust Project Board/Working Group over the past eighteen months, to oversee the transfer process;  indicated that as part of those discussions, a number of changes to the specification for the services to be provided, had been proposed;  outlined what the changes were;  and confirmed that the facilities and services that would now transfer were listed within appendix 2 to the report. The report went on to advise that there were a number of details and issues still to be resolved through further discussion and negotiation prior to the proposed transfer date of 1July, 2010, but that given the scope of the key principles agreed by the Committee at its meeting on 17 September, 2009, the issues raised were not so significant that they needed to be referred to members.   The report concluded with a statement that officers believed that Sport Aberdeen’s Corporate Plan demonstrated that the company understood the key elements of operating the Council’s Sport Services and had in place workable financial arrangements that would enable the services to be operated and developed in an efficient manner which will help to achieve the Council’s strategic and financial objectives.  

The report on the transfer of sports services to Sport Aberdeen recommended:-

(a)       that the Committee agrees to transfer the Council’s sports service to Sport Aberdeen for a ten year period in line with a Transfer Agreement, a Funding and Service Provision Agreement and ancillary documents, on 1 July, 2010 or as soon as possible thereafter; 

(b)       that appropriate officers be authorised to continue negotiations with Sport Aberdeen and its advisers over the specific terms of the Transfer Agreement, the Funding and Service Provision Agreement and ancillary documents, between the Council and Sport Aberdeen; 

(c)        that the Committee endorses Sport Aberdeen’s Corporate Plan for the remainder of 2010/11; 

(d)       that the Committee agrees that the Council will pay Sport Aberdeen £5m to operate the Council’s Sports Services for 2010/11 (based on a total annual cost of £6.3m); 

(e)       that the Committee confirms that it will act as guarantor for Sport Aberdeen in relation to the pension fund and in the event that Sport Aberdeen should cease to exist, will guarantee up to £295,000 as required to meet these liabilities;  and

(f)         that the Committee agrees that the Council will meet any costs arising from outstanding contractual or employment issues lodged prior to the date of transfer.  

At this point in the meeting and in accordance with the earlier decision on deputations (article 1 of this minute refers), the Committee welcomed a deputation from the Northfield Community Council who wished to address the members regarding Northfield Swimming Pool and the difficulties being experienced by ordinary members of the public who are not members of a swimming or other club, in gaining access to the pool at times when public sessions might be anticipated, for example, on Saturday or Sunday afternoons.  

The Committee heard from Mr Keith Paterson and Mr Kevin Wallace, after which members were invited to ask questions firstly of the deputation and secondly of Council officers. 

The Director of Education, Culture and Sport alluded to the fact that a number of Directors of Sport Aberdeen had recently resigned, and advised that the posts were currently being advertised, and that she hoped the new Directors would be in place in a matter of weeks. When questioned by members, Mrs Bruton advised that the Board was competent in terms of its constitution in its current form (ie there being currently only four Directors, with three of these being Councillors).

With reference to page 315 of the report, the Committee queried whether members of the public would continue to have access to the cricket pitch at Duthie Park. The Director undertook to have this assurance written into the Council’s Service Level Agreement with Sport Aberdeen.

The Convener moved, seconded by Councillor Yuill:-

(i)         that the content of the report on the Beach Leisure Centre be noted;

(ii)       that the Council agrees in principle to meet the cost of replacing the heating and ventilation equipment at the Beach Leisure Centre to give the Board of Sport of Aberdeen the comfort it requires, and remits to the Education, Culture and Sport Committee to consider reviewing its capital programme to meet the expenditure involved (estimated to be up to £1.5m); 

(iii)       that the recommendations contained within the report on the transfer of Sports Services from the Council to Sport Aberdeen be approved; 

(iv)       that Tullos Swimming Pool be removed from the list of properties to be transferred to Sport Aberdeen, as a report on this matter would be considered at a later point in the meeting (article 34 of this minute refers);  and

(v)        that Sport Aberdeen be requested to enter into consultation with the local community and local members with a view to the provision of public swimming sessions at Northfield Swimming Pool at times when the community are most likely to want to use the pool.

Councillor Graham moved as an amendment, seconded by Councillor Laing:-

(i)        that the Committee does not agree to transfer the Council’s sport services to Sport Aberdeen until the appointment of a range of suitable, acceptable and representative independent Directors, meeting the requirements of best practice in government; and for clarity, no decision on changes on provision will be made until a further report is presented to Council; and

(ii)       that appropriate officers be instructed to identify funding from the Capital Programme to meet any costs incurred by the Council arising from the delayed transfer.

On a division, there voted :- for the motion (10) – the Convener; and Councillors Corall, Cormack, Cormie, Dunbar, Kiddie, Leslie, McCaig, John Stewart and Yuill; for the amendment (5) – Councillors Cassie, Crockett, Farquharson, Graham and Laing.

The Committee resolved :-

(i)         that the successful motion be adopted; and

(ii)        to note that the Director of Education, Culture and Sport undertook to ensure that written into the Service Level Agreement with Sport Aberdeen, would be an assurance that members of the public would continue to have access to the cricket pitch at Duthie Park.