Minutes for Council meeting, Aug 19 2009, 10.30AM official page

(A)       The persons aforementioned were admitted into the presence of the Council and passed as Burgesses of Guild in respect of their respective Acts of Admission in the Guild Burgess Book:-

Christopher Thomas Blaiklock, Retired Neurosurgeon, Aberdeen

Ken Milroy, Chief Executive, Aberdeen

Richard James Noble, Chartered Surveyor, Aberdeen

Colin Parker, Chief Executive, Aberdeen

Ian Paterson, Retired Police Officer, Aberdeen

Edi Swan, Retired Artistic and Technical Director, Aberdeen

Air Commodore Reginald Norris Whittaker MBE, Retired RAF Officer, Aberdeen

(B)       The person aforementioned was admitted into the presence of the Council and passed as a Burgess of the Burgh of Aberdeen of their own craft only:-

            Graeme Thomas Duncan, Electrical Engineer, Aberdeen

Councillor Kiddie made reference to a civic reception which was taking place the following evening for local athletes who had participated in the Special Olympics, which had been held in Leicester in late July. Councillor Kiddie explained that he been speaking to a particular athlete, who suffered with mental health problems, who had returned with one gold and two silver medals. Councillor Kiddie extended his congratulations to all athletes from Aberdeen who had taken part in the games.

The Council resolved:-

to concur with the remarks of Councillor Kiddie.

The Council had before it the minute of meeting of Aberdeen City Council of 24^th June 2009.

The Council resolved:-

to approve the minute subject to the following amendments:-

• the inclusion of Councillor Collie having intimated his dissent against the decision in relation to Article 2 on page 1047
• the replacement of Councillor Cooney with ‘Labour member to be determined’ in relation to the appointment of the Convener of the Audit and Risk Committee within Article 7 on page 1053

The Council had before it the minute of meeting of the Urgent Business Committee of 1^st July 2009.

The Council resolved:-

to approve the minute subject to the replacement of Councillor Cooney with ‘Larger Opposition Group’ on page 9 within Article 7.

The Council had before it a pamphlet of standing committee minutes from 25^th May to 29^th June 2009.

The Council resolved:-

to note the minutes.

The Council had before it the minute of meeting of the Guildry and Mortifications Funds Board of 16^th June 2009.

The Council resolved:-

to approve the minute.

With reference to Article 19 of the minute of meeting of the Planning Committee of 23^rd July 2009, the Council had before it (1) a report by the Interim Director of Corporate Governance which confirmed that the draft Scheme of Delegation, following submission to Scottish Ministers, had been approved and could now be formally adopted by the Council; and (2) the decision of the Planning Committee that the report’s recommendations, as outlined below, be approved on the basis that training for members would be sourced externally. The recommendations were:-

(a)               that the Scheme of Delegation prepared in accordance with the terms of the Planning etc. (Scotland) Act 2006 and subsequently approved by the Scottish Ministers, be referred to Council for formal adoption and thereafter appropriate officers be authorised to publicise the Scheme as required under the regulations;

(b)               that the principle of scheduling meetings of the Local Review Body in advance, be approved by the Committee and the programming of meetings as suggested, including on those days where a meeting of the Development Management Sub Committee was to take place, be commended for inclusion in the Council Diary of meetings for the remainder of 2009 and 2010; and

(c)               that the Committee note the availability of grant funding for member/staff training in relation to Planning Modernisation, in particular on the subject of local review bodies and authorise the Head of Planning and Infrastructure to access that funding and proceed to arrange for appropriate training to take place on the basis of one of the options outlined.

The Council resolved:-

(i)                 to formally adopt the Scheme of Delegation prepared in accordance with the terms of the Planning etc. (Scotland) Act 2006 and subsequently approved by the Scottish Ministers;

(ii)               to note that the Labour Group would be putting forward a substitute for the elected member training in relation to the Local Review Body in place of Councillor Allan; and

(iii)             to pass on its best wishes to Councillor Allan.

With reference to Article 5 of the minute of its meeting of 24^th June 2009, the Council had been circulated in advance of the meeting with a report by the Chief Executive providing details on progress on corporate and service specific issues throughout the Council since June 2009.

The Council resolved:-

to note the information detailed in the report.

With reference to Article 6 of the minute of its meeting of 24^th June 2009, the Council had before it a report by the Chief Executive which provided an update on the actions which had been taken by the Leadership Board to address the findings and recommendations of the Accounts Commission for Scotland on Aberdeen City Council: Reports by the Controller of Audit on the Audit of Best Value and Community Planning and on the Property Sales Investigation.

The report advised that on 30^th July 2009, Audit Scotland published its progress report on the Council’s arrangements for Best Value and Community Planning. The report included the Accounts Commission’s findings and was available from the Audit Scotland website. The Accounts Commission’s findings were as follows:-

(1)               When the Accounts Commission published its findings on the Best Value audit on Aberdeen City Council in May 2008 following a public hearing, it requested a further report from the Controller of Audit in twelve months’ time. The Commission accepts this report as fulfilling that requirement. We recognise that the report gives a broad picture of the Council’s performance based on the work of Audit Scotland and service inspectorates and does not attempt a comprehensive review of all service delivery. We acknowledge the co-operation and assistance given to the audit process by elected members and officers of the Council.

(2)               The Commission is encouraged by the prompt and decisive action taken by the Council, and taking into account the timescale, commends the Council on its progress across a range of activity. We welcome in particular the steps taken to establish new management structures and a new senior management team, the early signs of change in organisational culture and the progress in implementing a corporate performance management process.

(3)               We are also pleased to note that the Council has started to improve budget setting. It now needs to build on this to establish robust and sustainable financial management and monitoring, which will be vital in addressing the challenging financial position it continues to face. This is a key issue in any circumstances and will be all the more challenging for the Council given the recession and the financial pressures facing local government.

(4)               In aggregate, the Council has made a good start in addressing our findings on the initial Best Value audit report, and we believe that there is a very promising base for further improvement. Inevitably at this stage the Council still has much to do and it needs to ensure that the progress is sustained and supported throughout the organisation. In doing so, it needs to mitigate the risks to its ambitious improvement programme arising from dependence on a small number of elected members and officers. The Council also needs to maintain a broad consensus to support the overall direction of travel and pace of change.

(5)               As part of the streamlining of scrutiny that the Scottish Government has asked the Accounts Commission to be involved in, Audit Scotland is currently working closely with other scrutiny bodies to deliver a shared risk assessment of Councils. The Controller of Audit’s report and these findings, showing a picture of encouraging initial progress but with some way to go, will feature in the next risk assessment of Aberdeen City Council which will, in turn, inform the nature and timing of future external scrutiny.

The report noted that the Leadership Board had welcomed the Accounts Commission’s findings and added that the Chief Executive would formally bring the report to the Council meeting on 30^th September and would detail the actions to be taken to address the issues raised by both the Accounts Commission and Audit Scotland.

The report advised that discussions continued with the Cabinet Secretary for Finance and Sustainable Growth and the President of COSLA on the future of the External Support Group, and that it was envisaged that a final meeting between the Leadership Board and the External Support Group would be held before the next Council meeting. In addition, the Leadership Board was continuing to consider proposed revisions to the Council’s Standing Orders and a report on this matter would be brought to the Council meeting on 30^th September following consultation with elected members.

The report recommended:-

that the Council -

(a)              note the progress to date in addressing the findings and recommendations of the Accounts Commission for Scotland on Aberdeen City Council: Reports by the Controller of Audit on the Audit of Best Value and Community Planning and on the Property Sales Investigation; and

(b)              instruct the Chief Executive and other appropriate officers to proceed with all necessary actions, reporting back as required to the Leadership Board.

The Council resolved:-

to approve the recommendations.

With reference to Article 7 of the minute of its meeting of 24^th June 2009, the Council had before it a report by the Chief Executive which requested members to make a number of decisions on outstanding issues relating to the new committees and sub-committees of the Council.

The report discussed the composition and membership of the various committees in the context of the principles of political balance as set out in Standing Order 29 and the Local Government and Housing Act 1989. Appended to the report was (1) a table setting out possible compositions for the various committee sizes; and (2) amended Orders of Reference for each of the committees and for the Development Management Sub Committee.

The report recommended:-

that the Council -

(a)              agree the composition of the new committees, being guided by the options appended to the report;

(b)              agree the size and composition of the Development Management Sub Committee;

(c)               appoint a Vice-Convener to the Audit and Risk Committee;

(d)              appoint members to the committees of Council and the Development Management Sub Committee;

(e)              determine whether an Urgent Business Committee was required within the new committee structure; and

(f)                 approve the amended Orders of Reference for the committees and sub-committees of Council as appended to the report.

The Council resolved:-

(i)         to agree the following composition for the committees:-

            Education, Culture and Sport

            6 Liberal Democrat members, 5 SNP members, 4 Labour members and 3 members from the grouping of Conservative members and Councillor Boulton. (18 members)

Enterprise, Planning and Infrastructure

5 Liberal Democrat members, 5 SNP members, 3 Labour members and 2 members from the grouping of Conservative members and Councillor Boulton. (15 members)

            Housing and Environment

5 Liberal Democrat members, 5 SNP members, 4 Labour members and 1 member from the grouping of Conservative members and Councillor Boulton. (15 members)

Social Care and Wellbeing

5 Liberal Democrat members, 5 SNP members, 4 Labour members and 1 member from the grouping of Conservative members and Councillor Boulton. (15 members)

Corporate Policy and Performance

5 Liberal Democrat members, 5 SNP members, 4 Labour members and 1 member from the grouping of Conservative members and Councillor Boulton. (15 members)

Finance and Resources

5 Liberal Democrat members, 4 SNP members, 3 Labour members, 2 members from the grouping of Conservative members and Councillor Boulton, and Councillor Cassie. (15 members)

Audit and Risk

5 Liberal Democrat members, 4 SNP members, 3 Labour members, 2 members from the grouping of Conservative members and Councillor Boulton, and Councillor Cassie. (15 members)

Licensing Committee

4 Liberal Democrat members, 4 SNP members, 4 Labour members, 2 members from the grouping of Conservative members and Councillor Boulton, and Councillor Cassie. (15 members)

Development Management Sub Committee

(Members to be drawn from the Enterprise, Planning and Infrastructure Committee)

4 Liberal Democrat members, 3 SNP members, 3 Labour members and 1 member from the grouping of Conservative members and Councillor Boulton. (11 members)

Appeals

(Members to be drawn from the Finance and Resources Committee)

3 Liberal Democrat members, 3 SNP members, 2 Labour members and 1 member from the grouping of Conservative members and Councillor Boulton. (9 members);

(ii)        to approve the following appointments:-

Convener of Enterprise, Planning and Infrastructure - Councillor Dean

Convener of Corporate Policy and Performance - Councillor Jennifer Stewart

Vice Convener of Education, Culture and Sport - Councillor Greig

Convener of Audit and Risk - Councillor Crockett

Vice Convener of Audit and Risk - Councillor Farquharson;

(i)                 to approve the amended Orders of Reference appended to the report subject to minor amendments as outlined by the Head of Democratic Services; and

(ii)               to retain the Urgent Business Committee with 13 members, and to appoint the Council Leader as Convener.

MATTER OF URGENCY

The Lord Provost intimated that he had directed in terms of Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973, that the following item be considered as a matter of urgency as if approval was not given at the current time to lease a new vehicle, increased costs would be incurred in relation to extending the lease of the existing civic car.

REPLACEMENT OF CIVIC CAR

The Council had before it a report by the Interim Director of Corporate Governance which presented the outcome of the full tendering exercise for the replacement of the Council’s civic car.

The report explained that the Council’s four-year maintenance lease agreement for the current civic car, a BMW 740Li, expired in August 2009. The Central Procurement Unit had been tasked with procuring a suitable replacement which gave prime consideration to quality in relation to civic prestige, the ability to meet a baseline specification, enhanced fuel economy, reduced Carbon Dioxide emission in comparison to the existing car and overall value for money. The requirement was openly advertised in accordance with the Council’s Standing Orders and Financial Regulations with offers received from seven dealerships. The report stated that two of the seven offers were not fully evaluated as they did not meet the baseline specification requirements.

The report provided tables which (1) evaluated the five remaining offers that had been received with overall scores in rank order; and (2) made a comparison of the evaluation criteria between the proposed civic car and the existing civic car.

In terms of financial impact, the report explained that the maintenance lease costs on the current civic car were 47 monthly payments of £853.18 plus an initial fee of £2,684.54 which equated to a total contract outlay of £41,077.64. The proposed option, the Jaguar XJ 2.7TDVi 204 Sovereign LWB, under the same leasing terms and conditions would incur an initial payment of £2,252.79 followed by 47 monthly payments of £750.93 giving a total contract outlay of £37,546.50. The report added that provision had been made in the Common Good budget for the replacement of the civic car on a leased basis.

The report recommended:-

that the Council agree to accept the maintenance lease offer received from Stratstone Jaguar, Aberdeen, for the Jaguar XJ 2.7TDVi 204 Sovereign LWB as the replacement civic car.

The Council resolved:-

to approve the recommendation.

The Council had before it a report by the Director of Social Care and Wellbeing seeking agreement to the designation of Fred McBride, Director of Social Care and Wellbeing, as the Council’s Chief Social Work Officer.

The report advised that the requirement for every local authority to appoint a professionally qualified Chief Social Work Officer was contained within Section 3 of the Social Work (Scotland) Act 1968. The particular qualifications were set down in regulations and this was one of a number of statutory requirements in relation to posts, roles or duties with which local authorities had to comply. The report explained that the overall objective of the Chief Social Work Officer post was to ensure the provision of effective, professional advice to local authorities - elected members and officers - in the authorities’ provision of social work services. The report went on to outline guidance pertaining to the 21^st Century Social Work Review, Changing Lives, in respect of the role of Chief Social Work Officer.

The report stated that following the departure of the Council’s former Chief Social Work Officer on 31^st March 2009, the then Programme Director for Social Care made arrangements to ensure that cover was in place within Social Care and Wellbeing for the duties of the post, resulting in the Head of Social Care, Adults Services, being designated as the Chief Social Work Officer on an interim basis following approval by the Urgent Business Committee on 22^nd April 2009.

The report highlighted that the job description and person specification for the post of Director of Social Care and Wellbeing, agreed by the Urgent Business Committee on 27^th February 2009, included the statement that “the Director of Social Care and Wellbeing may be the Chief Social Work Officer in terms of Section 3 of the Social Work (Scotland) Act 1968.” The report added that Fred McBride, Director of Social Care and Wellbeing, had all of the necessary qualifications to fulfil the criteria required of the role of Chief Social Work Officer and sought approval to be designated as such.

The report recommended:-

that the Council -

(a)              agree that Fred McBride, Director of Social Care and Wellbeing, be designated as the Council’s Chief Social Work Officer in terms of the Social Work (Scotland) Act 1968; and

(b)              instruct the Chief Social Work Officer to produce an annual report to elected members on key professional social work issues.

The Council resolved:-

to suspend Standing Order 22 and to approve the recommendations.

DECLARATIONS OF INTEREST

CouncillorsCollie and Fletcher declared interests in the following item of business by virtue of their position as Directors of Sport Aberdeen and left the meeting prior to the matter being considered.

The Council had before it a report by the Interim Director for Education, Culture and Sport which considered a request from the Board of Sport Aberdeen that the Council provide a Letter of Comfort to assist Sport Aberdeen in proceeding to secure the lease of accommodation for staff.

The report advised that Sport Aberdeen was in the process of forming itself as a business for the purpose of managing the Council’s sports services. In doing so, it had a period of start up prior to the transfer of assets and services and delivery against the Council’s service level agreement. At its Board meeting on 3^rd June 2009 Sport Aberdeen had agreed to accommodate staff in a building external to the Council to help establish a new brand image.

The report stated that Sport Aberdeen had provisionally agreed terms with the leaseholder for premises at the Inspire building on the Beach Boulevard, however as it was a sub-lease the head leaseholder of the property required a Letter of Comfort from the Council in support of Sport Aberdeen prior to finalising terms. This letter was to confirm the purpose of the company and to agree to undertake the liabilities of the lease should the Council not transfer the assets and services to Sport Aberdeen or terminate the agreement prior to the completion of the lease on 5^th November 2010.

The report recommended:-

that the Council consider the request from Sport Aberdeen and, if approved, authorise the Interim Director for Education, Culture and Sport, in conjunction with the City Solicitor, to provide support in terms of a Letter of Comfort for Sport Aberdeen in order for the company to sign a lease for accommodation, subject to the appropriate Council officers being satisfied that all of the possible financial consequences could be quantified and were reasonable.

The Council resolved:-

to defer consideration of the matter, as more information was required, and to instruct officers to report to the Finance and Resources Committee.

MATTER OF URGENCY

The Lord Provost intimated that he had directed in terms of Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973, that the following item be considered as a matter of urgency in order that members be apprised of the decision by Ministers and the implications as quickly as possible vis-à-vis the preparation of the new local development plan and the determination of planning applications.

The Council had before it a report by the Director of Enterprise, Planning and Infrastructure which informed members of the approval by Scottish Ministers of the Aberdeen City and Shire Structure Plan on 14^th August 2009 and the implications of this.

The report advised that the task of preparing a structure plan for Aberdeen City and Aberdeenshire had been delegated to the Aberdeen City and Shire Strategic Planning Committee and then to the Aberdeen City and Shire Strategic Development Planning Authority (SDPA) when it was formed in June 2008. The finalised plan had been submitted by the SDPA to Scottish Ministers on 27^th February 2009, following the approval by both Aberdeen City Council and Aberdeenshire Council at special Council meetings on 19^th February 2009.

The report highlighted that a decision letter had been issued on 14^th August 2009 which set out the approval of the plan by Scottish Ministers, which meant that the plan became operational from 17^th August 2009. It was emphasised that the speed of the decision by Ministers was to be welcomed, as was the fact that the plan had been approved without any modifications. With no requirement for an examination in public this would enable the Council to make quick progress in bringing forward the new local development plan.

The report noted that as part of the development plan (along with the adopted Aberdeen Local Plan), the determination of planning applications would need to be made in the context of the new plan, with applications being made in accordance with the development plan unless material considerations indicated otherwise. In terms of the structure plan, this meant that in assessing development proposals the Council was required to balance the importance given to each of the aims of the plan in coming to a decision, taking into account the spatial strategy, objectives and targets of the plan. It was proposed that a training session be held in the autumn to help members familiarise themselves with the plan and its implications.

The report concluded that a more substantial report would be submitted to the SDPA on 18^th September 2009 which would identify further implications arising from the decision letter.

The report recommended:-

that the Council note the content of the report and welcome the approval by Scottish Ministers of the Aberdeen City and Shire Structure Plan.

Councillor Dean moved, seconded by Councillor Kevin Stewart:-

That the Council approve the recommendation contained in the report and thank all officers and elected members who had been involved in the process.

Councillor Adam moved as an amendment, seconded by Councillor Collie:-

That the Council note the content of the report and agree that the SNP Finance Secretary John Swinney has abdicated his responsibilities by approving the Aberdeen City and Shire Structure Plan and note with dismay that John Swinney has failed to back his own Reporters who decided that the Third Don Crossing would not solve any of Aberdeen’s traffic problems.

Councillor Farquharson moved as a further amendment, seconded by Councillor Boulton:-

That the Council approve the recommendation contained in the report subject to removing “welcome” from its wording.

In terms of Standing Order 12(8), the Council divided between the amendment by Councillor Adam and the amendment by Councillor Farquharson.

On a division, there voted:-

For the amendment by Councillor Adam  (9) - Councillors Adam, Collie, Cooney, Crockett, Graham, Hunter, Ironside, Laing and Young.

For the amendment by Councillor Farquharson  (19) - Lord Provost Peter Stephen; Depute Provost Dunbar; and Councillors Boulton, Corall, Cormie, Farquharson, Fletcher, Greig, Jaffrey, Kiddie, McCaig, McDonald, May, Milne, Kevin Stewart, Wendy Stuart, John West, Kirsty West and Wisely.

Declined to vote  (13) - Councillors Cassie, Clark, Cormack, Dean, Donnelly, Leslie, Malone, Penny, Reynolds, Robertson, Jennifer Stewart, John Stewart and Yuill.

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

On a division, there voted:-

For the motion  (30)  -  Lord Provost Peter Stephen;  Depute Provost Dunbar; and Councillors Cassie, Clark, Corall, Cormack, Cormie, Dean, Donnelly, Fletcher, Greig, Jaffrey, Kiddie, Leslie, McCaig, McDonald, Malone, May, Milne, Penny, Reynolds, Robertson, Jennifer Stewart, John Stewart, Kevin Stewart, Wendy Stuart, John West, Kirsty West, Wisely and Yuill.

For the amendment by Councillor Farquharson  (2) - Councillors Boulton and Farquharson.

Declined to vote  (9) - Councillors Adam, Collie, Cooney, Crockett, Graham, Hunter, Ironside, Laing and Young.

The Council resolved:-

to adopt the motion.

In terms of Standing Order 15(6) Councillor Farquharson intimated his dissent against the foregoing decision.

The Council had before it details of the above-mentioned awards ceremony, which formed part of the APSE annual seminar from 9^th to 10^th September 2009 in Cardiff, for consideration of attendance by elected members.

The Council resolved:-

to approve the attendance of Councillor Kiddie whom failing, noting that Councillor Kiddie would be in Wales then anyway due to other Council business which would save the Council money in terms of travel costs.

• Gordon Highlanders Museum Committee – Councillor Jennifer Stewart in place of Councillor Greig

• Domestic Abuse Partnership – Councillor Greig in place of Councillor Jennifer Stewart

The Council was requested to approve changes to representation on specific outside bodies as had been requested by elected members on those bodies.

The Council resolved:-

(i)                 to approve the appointment of Councillor Jennifer Stewart to the Gordon Highlanders Museum Committee in place of Councillor Greig;

(ii)               to approve the appointment of Councillor Greig to the Domestic Abuse Partnership in place of Councillor Jennifer Stewart;

(iii)             to approve the appointment of Councillor John West as a Director of Sport Aberdeen in place of Depute Provost Dunbar; and

(iv)             to request that the report due to be submitted to Council on appointments to outside bodies make clear which appointments had to be approved by Council, which could be done via committees and which could be done by the political groups themselves.

MATTER OF URGENCY

The Lord Provost intimated that he had directed in terms of Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973, that the following item be considered as a matter of urgency to enable the Council to take decisions on the future of its working groups and sub-committees before the revised committee structure took effect.

With reference to Article 7 of the minute of its meeting of 24^th June 2009, the Council had before it a report by the Interim Director of Corporate Governance which reviewed the working groups and sub-committees which reported to Council, having regard to the revised committee structure.

The report explained that the Council on 24^th June 2009 revised its committee structure. The next stage of the process was to review the sub-committees and working groups within the former structure with a view to (1) streamlining the structure and utilising the new committees wherever possible; and (2) achieving consistency in terms of naming the various groups.

The report appended a list of sub-committees and working groups, and provided information to assist the Council in determining which groups would remain in the new structure.

The report recommended:-

that the Council -

(a)                           consider the list of working groups and sub-committees appended to the report and determine which of those groups should be wound up;

(b)                           for those groups remaining, agree the proposed renaming of the groups  as either sub-committees or working groups, also detailed in the appendix to the report; and

(c)                           for those groups remaining, make adjustments to membership and composition if required.

The Council resolved:-

(i)                 to amend the composition of the Appointment Panel to comprise 9 members (3 Liberal Democrat members, 3 SNP members, 2 Labour members and 1 member from the grouping of Conservative members and Councillor Boulton), as well as the Convener and Vice-Convener of the relevant committee;

(ii)               to retain the Budget Monitoring Board in the meantime under its current name and composition, reporting to the Finance and Resources Committee, whilst noting that Councillor Greig had already replaced Councillor Cassie on the Budget Monitoring Board;

(iii)             to retain the Electoral Boundaries Working Group;

(iv)             to retain the Gordon Highlanders Statue Sub-Group, agreeing that it be renamed the Gordon Highlanders Statue Working Group, and request that it report to the Education, Culture and Sport Committee in due course;

(v)               to retain the Guildry and Mortifications Funds Board, agreeing that it be renamed the Guildry and Mortifications Funds Sub-Committee;

(vi)             to retain the Marischal College Advisory and Monitoring Board, agreeing that it be renamed the Marischal College Advisory and Monitoring Working Group;

(vii)           to disband the Members Services Working Group;

(viii)         to retain the Special Licensing Objections Committee, agreeing that it be renamed the Special Licensing Objections Sub-Committee; and

(ix)             otherwise to note the report.

MATTER OF URGENCY

The Lord Provost intimated that he had directed in terms of Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973, that the following item be considered as a matter of urgency as the delegation was due to visit imminently.

The Council had before it a report by the Director of Enterprise, Planning and Infrastructure which considered the request from fellow World Energy Cities Partnership (WECP) city Dongying to send a business delegation to visit Aberdeen in August 2009.

The report advised that the Chinese city of Dongying had signalled its intention to send a business delegation to visit Aberdeen on 26^th and 27^th August 2009 with the intention of (1) meeting local oil and gas companies; (2) both cities signing a Letter of Intent as a first step towards a bilateral co-operation agreement; and (3) inviting a representative of Aberdeen City Council to attend the China International Oil and Gas Conference (CIOGC) in Dongying on 18^th and 19^th October 2009.

Appended to the report were profiles of Dongying by UK Trade and Investment and the WECP. The report described the composition of the delegation and the likely itinerary of events. It was emphasised that the request for a Letter of Intent, as a precursor to signing a bilateral co-operation agreement, required careful consideration in light of the Council’s existing position of not increasing twin city partnerships and Memoranda of Understanding beyond their current levels. However, the report explained that given the fact that Dongying and Aberdeen were both existing members of the WECP, it could be argued that there were special circumstances, since the WECP was a pre-existing framework for co-operation. A draft Letter of Intent was also appended to the report.

Regarding the invitation to send a representative of the Council to attend the CIOGC in Dongying in October, the report advised that the Dongying Government and the CIOGC Committee had offered to meet the cost of flights, accommodation, meals, conference fees, catalogue entry and stand space at the exhibition.

The report recommended:-

that the Council -

(a)              consider whether to authorise officers to proceed with the preparation of a Letter of Intent as a first step towards a bilateral co-operation agreement with the city of Dongying under the auspices of the WECP; and

(b)              consider whether to accept the invitation from Dongying to send a senior officer to attend the China International Oil and Gas Conference in Dongying on 18^th and 19^th October 2009.

The Council resolved:-

to approve the recommendations and authorise officers accordingly.

MATTER OF URGENCY

The Lord Provost intimated that he had directed in terms of Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973, that the following item be considered as a matter of urgency to enable the programme of events associated with the 150^th anniversary of the Music Hall to proceed.

DECLARATIONS OF INTEREST

CouncillorsAdam, Corall, Cormack, McDonald, Malone and Jennifer Stewart declared interests in the following item of business by virtue of their position as the Council’s appointed representatives to the Board of Aberdeen Performing Arts. Councillor Fletcher declared an interest as an invited representative on one of Aberdeen Performing Arts’ Sub-Committees. None of the members referred to considered it necessary to leave the meeting.

With reference to Article 45 of the minute of meeting of the Resources Management Committee of 16^th June 2009, the Council had before it a report by the Interim Director of Education, Culture and Sport which requested authorisation for additional expenditure to be incurred to meet the cost of additional repairs required to the Music Hall ceiling.

The report explained that Muirfield (Contracts) Ltd. had been appointed by the Resources Management Committee on 16^th June 2009 to carry out the works required to the ceiling of the Music Hall. The works had commenced, however the actual work on the ceiling had resulted in the identification that the works required were more extensive than had initially been anticipated, insomuch as the number of cracks in the ceiling were more numerous and there were more damaged laths than had been identified in the original survey. A number of other issues had also been identified which were outlined in the report. The Project Quantity Surveyor had stated that the additional works would cost up to £90,000 above the agreed cost of the contract. The report noted that the cost of the original contract was £265,415, resulting in a revised total cost of £355,415 which was within the approved budget (£400,000) within the Non Housing Capital Programme.

The report recommended:-

that the Council approve additional expenditure of up to £90,000 from the relevant budget within the Non Housing Capital Programme.

The Council resolved:-

(i)                 to approve the recommendation; and

(ii)               to instruct officers to report to the Finance and Resources Committee on the measures that the Council could put in place to ensure that a similar situation did not occur again.

To the Convener of Education, Culture and Sport

(1)       “To ask the Education Convener if any additional financial liability falls upon the Council following the refinancing associated with the 3Rs Project and to ascertain what assistance if any the Scottish Futures Trust provided Council with the 3Rs Project?”

To the Chief Executive

(1)      “To ask the Chief Executive if in house Chartered Surveyors or external Chartered Surveyors provided Council with detailed costing in relation to the Marischal College project as well as any proposed alternative sites and if so can she make these costings available to the general public?”

The Council had before it two questions, of which due notice had been given in terms of Standing Order 20(2), the original responses to which Councillor Young had indicated he was unhappy with and wanted the questions placed on the agenda in order that more in depth answers could be provided.

Councillor Young

QUESTION -

To the Convener of Education, Culture and Sport

“To ask the Education Convener if any additional financial liability falls upon the Council following the refinancing associated with the 3Rs Project and to ascertain what assistance if any the Scottish Futures Trust provided Council with the 3Rs Project?”

ANSWER (by Councillor May) -

The 3Rs refinancing has been structured in such a way that there is no additional liability falling on the City Council. The Scottish Futures Trust were involved in reviewing the refinancing documentation to satisfy themselves and the Scottish Government that the principles of the PPP Scheme remained intact and there were no additional liabilities falling on the Council or Scottish Government. This ensured that annual Scottish Government grant towards the cost of the annual Unitary Charge remained in place.

The Council resolved:-

to note the details.

QUESTION -

To the Chief Executive

“To ask the Chief Executive if in house Chartered Surveyors or external Chartered Surveyors provided Council with detailed costing in relation to the Marischal College project as well as any proposed alternative sites and if so can she make these costings available to the general public?”

ANSWER (by the Chief Executive) -

The detailed evaluations for Marischal College were primarily undertaken by the Council’s external advisers, who were fully responsible for the preparation/completion of the Options Appraisal - this included assessment of the appropriate costings, site evaluations and valuations.

The Options Appraisal is available for public scrutiny but some areas may still be commercially confidential, and as such cannot be released.

The Council resolved:-

to note the details.

“This Council recognises the golfing talents of Aberdeen golfer David Law, the first golfer to win both the Scottish Amateur Boys and Scottish Amateur Golf Championships in the same year.  Council recognises that David Law’s achievements were accomplished whilst a member of the municipal golf course Hazlehead and calls upon the Lord Provost to look favourably at holding a suitable reception in David’s honour to reflect this superb achievement.”

Councillor Hunter, pursuant to notice, moved:-

“This Council recognises the golfing talents of Aberdeen golfer David Law, the first golfer to win both the Scottish Amateur Boys and Scottish Amateur Golf Championships in the same year. Council recognises that David Law’s achievements were accomplished whilst a member of the municipal golf course Hazlehead and calls upon the Lord Provost to look favourably at holding a suitable reception in David’s honour to reflect this superb achievement.”

The Council resolved:-

to approve the terms of the motion.

EXEMPT INFORMATION

The Council resolved in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973 to exclude the press and public from the meeting during consideration of the following item of business so as to avoid disclosure of exempt information of the classes described in paragraphs 6 and 9 of Schedule 7(A) of the Act.

MATTER OF URGENCY

The Lord Provost intimated that he had directed in terms of Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973, that the following item be considered as a matter of urgency to ensure that budget savings remained on target.

With reference to Article 4 of the minute of meeting of the Urgent Business Committee of 1^st July 2009, the Council had before it a report by the Director of Housing and Environment which requested permission for the lease negotiations to be concluded with a private limited company, Doonies Farm Limited, of which Mr Graham Lennox and his wife were sole Directors and shareholders, rather than with Mr Lennox as a sole trader, and to amend the decision of the Urgent Business Committee of 1^st July 2009 in that regard.

The report recommended:-

that the Council approve an amendment to recommendation (a) of the report that was approved by the Urgent Business Committee on 1^st July 2009, to read:-

(i)                 to accept the proposal from Graham Lennox to lease the farm by way of the types of agricultural tenancies suggested in the 16^th June 2009 report to the Resources Management Committee at the rental proposed and thereafter instruct the City Solicitor to conclude the formal leases to Doonies Farm Limited, company number 356385, on terms and conditions as were necessary to protect the Council’s interests; and

(ii)               to instruct the Director of Housing and Environment to report back on progress to the Housing and Environment Committee on 19^th November 2009.

The Council resolved:-

to suspend Standing Order 22 and to approve the recommendations.

- PETER STEPHEN,  Lord Provost.