Recess Sub-committee - 20/07/2009

At a MEETING of the RECESS SUB-COMMITTEE held at Dundee on 20th July, 2009.

APPENDIX II

Present:-

Bailie Roderick A J WALLACE

COUNCILLORS

Councillor Bob DUNCAN, Depute Convener, in the Chair.

Unless marked thus * all items stand delegated.

I TENDERS RECEIVED

There was submitted Report No 370-2009 by the City Architectural Services Officer giving details of offers received for the undernoted contracts:-

(a) VARIOUS ADDRESSES - CONTROLLED ENTRIES 2009/2010

The Sub-Committee agreed to accept the offer from McGill Electrical, Dundee amounting to 45,230.80, together with allowances of 3,800 for professional services, making a total expenditure of 49,030.80.

(b) CITY-WIDE ROOF SURVEYS 2009/2010 - ACCESS AND ATTENDANCE WORKS

The Sub-Committee agreed to accept a negotiated contract with Raynor Roofing Ltd, Dundee amounting to 26,120, together with allowances of 1,000 for contingencies and 3,207 for professional services, making a total expenditure of 30,327.

(c) HOSPITAL PARK DEVELOPMENT - KITCHENS AND BATHROOMS

The Sub-Committee agreed to accept a partnering contract with Dundee Contract Services amounting to 325.300, together with allowances of 18,368 for decoration allowances, 2,310 for flooring allowances, 1,000 for decant of tenants, 2,001 for CDM Co-ordinator and 24,584 for professional services, making a total expenditure of 373,563.

(d) 5, 7 AND 9 TEVIOTDALE AVENUE - SHOP FRONT REPLACEMENT

The Sub-Committee agreed to accept the lowest offer from Muirfield Contracts Ltd, Dundee amounting to 32,788.70, together with allowances of 520 for building warrant, 800 for CDM Co-ordinator and 4,536 for professional services, making a total expenditure of 38,644.70.

II MENZIESHILL 7TH DEVELOPMENT - HEATING, KITCHENS AND BATHROOMS - EXTENSION TO CONTRACT NO 08-1100

There was submitted Report No 371-2009 by the City Architectural Services Officer seeking approval for the extension of the existing contract.

The Sub-Committee agreed that approval be given for extending the existing contract and incurring estimated additional expenditure of approximately 283,400 including allowances.

III TENDERS RECEIVED

There was submitted Report No 284-2009 by the City Engineer giving details of offers for the undernoted contracts.

(a) VDLF - LAND NORTH OF MOLISON STREET - SITE CLEARANCE

The Sub-Committee agreed to accept the lowest offer from Dundee Plant Co Ltd, amounting to 8,930, together with the allowances of 570 for contingencies, 4,000 for professional fees and 500 for CDM Co-ordinator, giving a total expenditure of 14,000.

(b) LAND TO THE REAR OF CHARLESTON COMMUNITY CENTRE

The Sub-Committee agreed to accept a partnering contract with Dundee Contract Services Ltd amounting to 59,646.24, together with allowances of 5,253.76 for contingencies, 500 for CDM Co‑ordinator and 8,000 for professional services, making a total expenditure of 73,400.

IV REINTRODUCTION OF MORTGAGES FOR COUNCIL HOUSE SALES

There was submitted Agenda Note AN150-2009, whereby reference was made to the minute of meeting of the Policy and Resources Committee held on 23rd March, 2009 when Report No 118-2009 on the Reintroduction of Mortgages for Council House Sales was approved.

This report referred to mortgages being granted up to 100% of the property purchase price. The intention, however, was that mortgages would not be granted for more than 100% of the valuation price.

The Sub-Committee agreed that there be a restriction on any mortgage granted, to a maximum of 100% of the property valuation price or the purchase price, whichever was the lower.

V TRANSFER OF GROUND TO THE REAR OF CHARLESTON COMMUNITY CENTRE

There was submitted Agenda Note AN151-2009, whereby reference was made to Item XII of the Planning and Transport Committee held on 17th April, 2006, whereby an area of derelict ground where lock-up garages had been demolished was proposed to be upgraded to form a utility area for the Charleston Community Centre and car parking at the rear of the Craigowan shops. The Sub-Committee approved the transfer of the ground forming the utility area from the Housing Account to the Leisure and Communities Department Account and the new car parking area from the Housing Account to the City Development Account.

VI FINTRY NURSERY SCHOOL

There was submitted Agenda Note AN151-2009 advising the Sub-Committee that Fintry Nursery School had now moved to the new PPP Fintry Primary School. The former Fintry Nursery School property was now surplus to Education requirements and it was requested that this be remitted to the Director of City Development for consideration of future use or disposal.

The Sub-Committee approved accordingly.

VII MANDATORY SCHEME OF DELEGATION

There was submitted Agenda Note AN154-2009, whereby reference was made to the minute of meeting of the Policy and Resources Committee of 8th June, 2009 when the Council's proposed mandatory Scheme of Delegation was approved subject to approval by Scottish Ministers.

The Scheme was submitted on 9th June, 2009 and on 2nd July, 2009 Scottish Ministers approved the Scheme.

The Sub-Committee noted that advice on transitional arrangements for the new legislation was now available and confirmed that the Scheme would become operational for decisions made after 3rd August, 2009 and not in respect of applications received on or after that date, as previously advised.

VIII CHARGES FOR THE PUBLICATION OF PLANNING ADVERTISEMENTS

There was submitted Agenda Note AN153-2009 seeking approval for the mandatory charge which would be imposed on applicants for planning permission should the Council need to advertise their proposals in order to comply with the requirements of the planning legislation.

This note was brought to the Recess Sub-Committee because a decision was required prior to 3rd August, 2009, when the provisions of the legislation would be implemented and because the terms of new Regulations in Parliament were not available in time for a report to be prepared for the pre-recess Committee cycle.

It was noted that statutory advertisements relating to planning currently have to be placed on a non-rechargeable basis. However, for applications submitted on or after 3rd August, 2009, the new Regulations (subject to final Parliamentary approval) indicated that applicants must bear the advertisement costs.

Currently, a typical weekly advertisement in the local newspaper would cost the Council in the order of 250 with the number of applications advertised ranging from three to five on a typical week. The Council becomes aware of the actual cost well after the advertisement is placed. Under the previous and new legislation, some categories of application remain unchargeable (eg developments affecting the listed building, setting of listed buildings and conservation areas).

Accordingly, achieving a consistent and fair formula for the recovery of each overall advertisement would prove difficult. Therefore, it was recommended that a flat rate charge of 100 be imposed on each applicant where a relevant advertisement would be necessary (ie where an owner or neighbour cannot be served notice; "bad neighbour" developments and developments contrary to the development plan). It was anticipated that this level of charge was proportionate, would give the applicant certainty and would cover the bulk of the administrative and advertising costs involved. Applicants for "bad neighbour" developments currently pay a 125 advertising fee and this would therefore reduce under the proposed arrangements.

The Sub-Committee supported the above proposal and agreed that the effectiveness of the fee be reviewed after one year of operation.

IX RESURFACING OF ST MARY'S PRIMARY SCHOOL PLAYGROUND IMPROVEMENTS 2009/2010

There was submitted Agenda Note AN155-2009 advising the Sub-Committee that on the instruction of the Director of Education, proposals had been prepared for resurfacing work within the grounds of St Mary's Primary School.

The Sub-Committee agreed that the City Engineer be instructed to include this work within the existing Partnership Agreement with Tayside Contracts for delivering the road maintenance and minor road works service.

Approval was also given to extend the Partnering Agreement with Tayside Contracts for this work up to the value of 25,000 including professional fees. The Head of Finance advised that the expenditure could be met from the Education Capital Programme for 2009/2010.

X PLANNING LOCAL REVIEW BODY

There was submitted Agenda Note AN156-2009, whereby reference was made to Article V of the minute of meeting of the Policy and Resources Committee of 1st July, 2009, wherein, inter alia, it was agreed that the above Body would comprise two members of the Administration and one member from the Major Opposition Group.

In addition, the Committee agreed that three members from the Administration and three members from the Opposition Groups be identified as substitute members.

It was now reported that the undernoted had been appointed to serve on the Review Body:-

-          Administration Group

-          Chair, Councillor Bowes

-          Depute Chair, Councillor Roberts

-          (Substitutes) Councillors Melville, Andy Dawson and Hunter

-          Major Opposition Group

-          Councillor Ferguson

-          (Substitute) Councillor Asif

In addition, it was reported that the Conservative Group and Liberal Democratic Group were unable to take up the substitute places on the Body.

The Lord Provost had indicated that he would be willing to fill one of the vacant substitute places. The Depute Lord Provost was unable to fill the remaining vacant substitute place.

The Sub-Committee approved the appointment of the Lord Provost and agreed that the remaining vacant substitute place be filled by a member of the Administration Group.

The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraphs 4 and 6 of Part I of Schedule 7A of the Act.

XI PROPOSED SALE OF LAND AT 42 CRAIGHILL COURT, DUNDEE

There was submitted Report No 368-2009 by the Director of City Development relative to the above.

The Sub-Committee approved the recommendations detailed therein.

XII PROPOSED SALE OF LAND AT 37 MYRTLEHALL GARDENS

There was submitted Report No 367-2009 by the Director of City Development relative to the above.

The Sub-Committee approved the recommendations detailed therein.

XIII ACQUISITION OF FORESHORE AT GRASSY BEACH

There was submitted Report No 353-2009 by the Director of City Development relative to the above.

The Sub-Committee approved the recommendations detailed therein.

XIV PROPOSED VARIATION OF LEASE OF UNIT 5 FRUIT MARKET, DOCK STREET, DUNDEE

There was submitted Report No 372-2009 by the Director of City Development regarding the variation of a lease at the above location.

The Sub-Committee approved the recommendations detailed therein.

Bob DUNCAN, Depute Convener.