Aug 172012
 

utghmttall By Bob Smith.

Noo a hunner business billies
Faa support  City Gairdens Trust
Tae destroy Union Terrace Gairdens
They aa think iss is a must

They’re aa the usual suspects
Faa stan tae mak a killin
An ding doon ony cooncillor
Faa disna show ony willin

Ye hiv the likes o Martin Gilbert
Twa Stewarties, Milne an Spence
An woe betide ony business chiel
Faa micht sit upon the fence

A letter tae oor  toon council
Wis sint wingin on its wye
If ye vote agin the plans
We micht hing ye oot tae dry

Think o the bigger picter here
Is their affa mournfu plea
An Sir Ian he’ll jist waak awa
If oor biddin ye dinna dee

Their PR machine is gearin up
Wi  helpfu freens at the P&J
Faa canna say onything naistie
Advertisin revenue cums intae play

Fit richt hiv aa thae buggers
Tae tell us fit’s best fer oor toon?
An try tae dictate tae oor council
Fit they can or canna vote doon

We wull sin fin oot fit’s fit
The cooncil’s back is tae the wa
Can they haud faist agin the critics
An a hunner “snipers” an aa an aa? 

© Bob Smith “The PoetryMannie” 2012

 

Jul 092012
 

Mike Shepherd has  lodged a complaint in a letter to Aberdeen City Council Chief Executive Valerie Watts regarding the recently published TIF business case. Mike shares the content of the letter with Aberdeen Voice readers.

Town House1 To The Chief Executive, Aberdeen Council

I am lodging a complaint about the TIF Business Case “Aberdeen City Centre Regeneration Scheme” which has been written as a report to inform a council vote in August. This document should be a disinterested analysis of the case, or otherwise, for Aberdeen Council borrowing £92 million through Tax Incremental Financing (TIF).

It is not. The report is a constructed narrative that contains major factual mistakes, errors of omission, false statements and flawed data. It is not credible.

The key argument of the report is based on input by private developers and their advisors who have a clear interest in a positive outcome to the council vote.  The conclusions of the report are therefore incompetent.

I request that Aberdeen Council withdraw the TIF business case as unfit for purpose.
http://www.aberdeencity.gov.uk/TIF_business_case

The details of my complaint are as follows:

  • The TIF business case contains a major factual mistake concerning funding for the Art Gallery:

On page 11 it is stated: 

It is expected that a further £20 million of funding will be secured via Grants and other funding mechanisms to enable the City Art Gallery Redevelopment.”

In a table on page 42, it is stated that:

“The City Art Gallery redevelopment:  Funding identified from existing sources – £20 million”

This is incorrect. There is no identified £20 million funding for the Art Gallery. Council minutes show that the appropriate figure is £4 million.

The £20 million figure stems from an unrealistic aspiration to apply for funding from the Scottish Heritage Lottery Fund (SHLF):

“Both the Art Gallery redevelopment and a Museums Collection Centre would be eligible to apply for Heritage Fund Lottery grants, although the value the City Council would wish is beyond the annual allocation, which for all of Scotland is currently £20 million.”
http://committees.aberdeencity.gov.uk/mgConvert2PDF.aspx?ID=7314

The Council have yet to apply for funding from the SHLF and intend to do so later this year, in November. They have approached the SHLF:

“Officers have also discussed the current status of the project with the Scottish office of the Heritage Lottery Fund; the Fund advises that if matched funding can be raised within the City, then their Board would accept this as the Council’s contribution to the project within the application.

“The Art Gallery redevelopment is also included as one of the projects within the Tax Incremental Fund BID to the Scottish Government and if this is successful, that funding can be counted as part of the city’s contribution.”
http://committees.aberdeencity.gov.uk/mgConvert2PDF.aspx?ID=18050

The Art Gallery component of the TIF application is for £4 million (Ref: Table on page 42).  Matched funding from the SLHF for the TIF sum would be £4 million, not £20 million.

In the table on page 42 it is also stated:  

“The TIF Scheme creates the opportunity to invest in the City Art Gallery and even if after this investment the City of Culture bid is unsuccessful, the City will still have a state of the art asset for future generations to enjoy, as a result of the TIF mechanism.”

This is misleading. The Art Gallery redevelopment costings are as follows:

“The Development Study was fully funded by the Marguerite McBey Trust. Gareth Hoskins Architects provided an options appraisal in 2010 outlining 5 schemes ranging in scale and costs from £15.7m to £24.3m [2010 prices].”

TIF plus matched funding from the SHLF would only account for £8 million of the total sum required. The conclusion that “the City will still have a state of the art asset for future generations to enjoy, as a result of the TIF mechanism” is false and incompetent.

  • The TIF business case is misleading about funding from the private sector:

On page 11 there is a statement concerning private funding for the City Garden Project:  

“This includes £55 million that has already been pledged to the City Garden Project by private donors and a further £15 million to be raised”.

It is also mentioned that Aberdeen Council are confident that the extra £15 million can be found even though that this has been an unfulfilled aspiration for the last two years. Although the full £70 million has not been pledged, this figure has been assumed as valid for the rest of the report.

By page 42 this has become “funding identified from existing sources: £70 million.” This is incorrect, only £55 million has been identified.

On page 89 the conclusion states:

“The estimated total cost of the assets and enabling infrastructure for the TIF Scheme is £182 million.

“Pledged donations towards the City Garden Project of £70 million and potential grants for the City Art Gallery of £20 million creates a public sector investment requirement of £92 million, or marginally over 50% of the total cost, which will be borrowed by ACC as part of the proposed TIF Scheme.”

This conclusion is incompetent. The sums are wrong.  A consequence of this blunder is that Aberdeen Council may be required to borrow more than £92 million to ensure that the ‘city centre regeneration project’ is enabled.

  • An overlooked detail of critical importance to the business case: 

The report quotes extensively from the conditions voted through at the January 25th Council meeting. However, I have failed to find the following information mentioned.

From the report to Council of 25th January and voted through:

“Instructs officers to enter into negotiations with a view to putting in place a development agreement with Aberdeen City Garden Trust (ACGT) and/or their representatives, which sets out the terms upon which Aberdeen City Council (ACC) would be prepared to make necessary Council owned land available, to realise the proposed development described in Appendix 1 of this report after 1st March subject to;

“(x) Requires ACGT to confirm, in a legally binding form, that they have access to at least £70 million of private sector funds to invest in the CGP, prior to the signing of;

“a. An appropriate Development Agreement, and

“b. A TIF agreement confirming ACC’s ability to invest at least £70 million in enabling infrastructure related to the CGP. “

http://committees.aberdeencity.gov.uk/mgConvert2PDF.aspx?ID=18252

In other words, councillors have already decided that if the extra £15 million of private investment is not guaranteed, they are not going to apply for TIF funding. This should have been stated in the business case.

  • Flawed data:

Part of the justification for the City Garden Project is based on a questionnaire that was sent out to two selected groups in Aberdeen. This covers several pages of the report. One ‘cohort’ was a small group of 35 developers, landowners and agents in the City Centre area; the second comprised

“four hundred local private, public and third-sector organisations, representing a wide range of views.”

They got no replies from the first group (“a small response”), and later tried to phone them to get any views at all. Eventually seven people replied and several pages of analysis ensues in the report based on the comments of only seven individuals. There was a bit more interest from the second group, a group that included me.

I found that the questions were framed in such a way that it was virtually impossible to register any negative opinions about the City Garden Project. By dint of answering almost all the questions you ended up agreeing that the project was worthwhile.

This is typical:

“Considering each of the development schemes, which of the following benefits do you envisage they might deliver to the wider Aberdeen City economy?”

There is a clear intentional bias to the questionnaire that looks designed to elicit positive statements in favour of the City Garden Project. My opinion is that this is propaganda not data, and it should have no place in what should have been a dispassionate report informing councillors regarding the decision they have to make about the TIF business case.

  • Inappropriate input from the Aberdeen City Garden Trust:

The bottom line of the business case is that the City Garden Project will “will act as a catalyst for regeneration and economic growth” in Aberdeen and gives “The potential to unlock significant private sector investment and generate up to 8121 jobs and an average of £142.0 million per annum of economic growth over 25 years.”

The business justification is that take up of commercial space in two large business parks being built in the north of the city will be significantly under-subscribed unless the City Garden Project is built. An additional assumption concerns extra business activity in the city centre.

There is no discussion concerning how these assumptions have been made, yet this is the crux of the business case. We are being asked to trust that these assumptions are valid without any cogent analysis provided.

Yet, trust is a major issue concerning these assumptions. On page 74 under the section ASSESSMENT OF NEW DEVELOPMENT AND BUSINESS RATES UPLIFT” we read that:

In undertaking this assessment of development uplift ACC has received specialist research support from property advisors CB Richard Ellis as well as input from ACGT and PwC.”

(ACGT –Aberdeen City Garden Trust, PwC – Price Waterhouse Coopers, CBRE – CB Richard Ellis)

The relationship between CB Richard Ellis, PwC and the Aberdeen City Garden Trust is made clear on page 52:

 “ACC, with support from ACGT Enterprises and their advisers (PwC and CBRE)”

Thus it appears that major input has been provided to the critical argument in the business case by Aberdeen City Garden Trust and their advisors. A private company seeking to take over a lease and operatorship of council property, has been allowed to dictate input to a report recommending that  Aberdeen Council borrow £92 million for a project in which the company has a direct interest. This is entirely inappropriate.

The Aberdeen City Garden Trust has a clear interest in a positive outcome for the City Garden Project. They and their advisors should not have been allowed to have input into this report.

  • Conclusion:

Aberdeen Council operates at both a corporate and political level. Politicians make policy while key council officials provide a detailed examination of the background that commonly informs the decision making process.

In this regard, it is important that council officials provide a rigorous and dispassionate analysis, with any recommendations based on logic and a clear basis for the arguments that have been set out to justify these recommendations. In the report detailing the business case for the City Garden Project and other ancillary schemes, they have failed abysmally.

The most recent version of the business case is a travesty of synthesis and thesis. Rather than setting out a well argued case leading from careful marshalling of data towards a conclusion, the report appears to proceed from conclusion (the City Garden Project is a good thing) via a constructed narrative that includes mistakes, flawed data and wishful thinking.

Given that a consequence of this report is that Aberdeen Council could end up borrowing £92 million on the basis of ‘economic regeneration’, this may result in major reputational and financial damage for the council. The vote to approve submitting the business case to the Scottish Government is likely to take place in August this year.

  • The outcome I would like to see:

The TIF business case should be withdrawn immediately as incompetent and unfit for purpose.

  • Comments enabled. Note, All comments will be moderated.
May 032012
 

Angus Macmillan shares some interesting facts about The Woodland Trust with Aberdeen Voice, and wonders if the phrase ‘charity begins at home’ is being taken too literally by the Trust.

loirstontrees Recent emotive claims from a variety of sources that government is “robbing” charities by capping tax relief on donations do not take into account the benefit to the general public of increased revenue for essential services.
However, one large charity, which I understand has a hand in the killing of the Tullos Hill deer, has an income of over £20m a year according to accounts filed in December 2011 (£2m “cash at bank” and a net worth of £107,601.000).

Yet The Woodland Trust frequently pleads poverty to the general public for donations towards buying parcels of land which it then “banks” as its own real estate.

See: http://companycheck.co.uk/company/01982873

It recently built a new state-of-the-art creature comfort headquarters at a cost of over £5m – from donations for trees? Hardly charity! So is the reverse true that large charities are “robbing” the public of services to the sick and elderly that can’t otherwise be afforded in this time of austerity?

Under the present system of tax and rates relief etc. to such charity behemoths, we are all subsidising their existence by default – whether or not we agree with their aims and objectives – thus depriving every local community in the country of vital funding.

The government is right to put a cap on charity donations that qualify for tax relief, but perhaps it should also consider removing relief and benefits from such charities once their income exceeds £1m a year.

The rich and powerful – whether they be charities or individuals – can well afford to pay their way in society.

They should do so now.


Apr 062012
 

If you are of the opinion that the City Garden Project controversy was all about what flavour of city centre park Aberdeen should have – think again. There seems to have been a much bigger picture involved here, and the politics are murky.  Mike Shepherd writes.

The power of the print media in shaping opinion

utgsunsquarpic The public referendum has been held, and the City Garden Project won by the smallest of margins: 52-48%. Feelings are still poisonous in the city, as it is clear that a marginal result was swung by dubious means.

On the City Garden Project side, unregistered groups spent a disproportionately large sum of money on campaign material, whereas the officially registered groups were restricted to spending about £8,000 only.

Some of the claims made by supporters of the City Garden Project were outrageous and substantially misleading. One newspaper advert is now being investigated by the Advertising Standards Authority.

Even Aberdeen Council were responsible for punting a justification for the City Garden Project with the questionable claim that a new park could create 6,500 new jobs in the city.

The local papers showed a bias in favour of Sir Ian Wood’s project and framed their reports to show one side in a much better light than the other (“Yes, vote for change” or “No, don’t vote for change”). Ludicrous claims were accepted uncritically – such as oil companies leaving Aberdeen if the scheme did not go ahead.

I had been advised by an expert that:

 “Newspapers are very powerful at shaping public opinion”

and:

 “You will need the support of a PR company during the campaign.”

utgscreenpic It was very good advice, but in practice not something that a campaign group of limited influence and funds could realistically put in place. Yet, it was clear from canvassing in the street that the combined effort of relentless advertising, the glossy brochures and the press bias was having an effect.
Whereas many would stop and give me a considered analysis of how they would vote, a large minority were reflecting City Garden propaganda back at me, phrases recognizable from glossy brochures or Evening Express headlines.

Our society today is witnessing a battle between democracy and political lobbyists / PR companies. Out of this, democracy is not doing that well. It’s a shock to see this writ large in Aberdeen, but at least the Gardens Referendum result has made this crystal clear to any thinking person in the city.

Local politics

After two years of campaigning to keep the Gardens, I have been able to observe how local politics works. It is clear that the current council administration is very business friendly and they will tend to make decisions that primarily favour business interests. At just about every council meeting you will hear the phrase “Aberdeen is open for business.”

Local democracy commonly involves a conflict between what business wants and what is in the interests of the general public. For example, if Aberdeen Airport is allowed to land flights at night, Dyce residents will get woken up by the noise. The conflict between business and public interests came to the fore after the consultation on Sir Ian Wood’s scheme two years ago. Over 50 local businessmen wrote to the council asking for the result to be ignored:

‘due to misunderstanding of the project among the public’

and an ‘inability’ to appreciate its impact. The council – to their shame – did this. The current Council administration (an SNP / Lib Dem coalition) appears to favour business almost every time.

There are a number of reasons why business gets its own way with the council. Many councillors are instinctively business friendly and will tend to support projects that are favoured by local commercial interests. This is certainly true of the Conservatives on the council and of many councillors from the other parties too.

There is also a powerful business lobby. Businessmen make up two thirds of the Aberdeen City and Shire Economic Forum (ACSEF), a “public-private partnership that drives economic development in the region”. Funded by both Aberdeen City and Aberdeenshire Councils, ACSEF is a non-elected body that have been given a significant degree of control over local economic policy. There is no doubt that ACSEF exerts power and influence over the activities of both councils.

  advanced societies work by a system of checks and balances between moneyed interests and the public regard

ACSEF were involved with the City Garden Project in the early days and described it as one of their flagship projects. Two of the board members, including the Chairman Tom Smith, are directors of the Aberdeen City Garden Trust, the group that organised the architectural competition and who hope to take the project forward to completion.

Extensive networking appears to go on amongst the “great and the good”. Politicians, local businessmen, council officials and senior figures in local organisations turn up and meet at parties, functions, charity events and business meetings. One Freedom of Information request gives an indication of how much hospitality is provided to council officials for instance:
http://www.whatdotheyknow.com/request/76531/response/199821

To the worldly wise, this will not come as a surprise. However, advanced societies work by a system of checks and balances between moneyed interests and the public regard. This does not appear to be working too well in Aberdeen.

The SNP and the City Garden Project

The SNP have been intimately involved with the City Garden Project since its inception. Alex Salmond was present at the project launch  in 2008.
http://www.eveningexpress.co.uk/Article.aspx/933616

But only recently have both Alex Salmond and Callum McCaig, the SNP leader in the council, explicitly endorsed the City Garden Project.

Yet, the majority of SNP councillors have supported it throughout (the notable exception being Clr. Muriel Jaffray). This is clear from the voting records every time the project has come up for debate in the Council. The SNP support has been instrumental for the progress of the City Garden Project through successive council votes.

  Major businessmen such as David Murray, Brian Souter, Jim McColl and Martin Gilbert have now endorsed the SNP.

The SNP have a reputation for populist politics and it may seem surprising that they have embraced such a controversial project for the city. I believe that there is a much bigger picture here, and one that takes precedent over local politics. The SNP are essentially a single-issue party; they want independence for Scotland. The realpolitik of the SNP is that much of what they do is focussed towards this end.

A key aim for the SNP has been to secure the support of major business figures in Scotland. This is partly financial; the party has no natural source of funds apart from membership fees, but they are also trying to secure influence leading up to and beyond any independence date. Major businessmen such as David Murray, Brian Souter, Jim McColl and Martin Gilbert have now endorsed the SNP.

Sir Brian Souter, founder of the bus company Stagecoach, caused controversy when he donated £500,000 to the SNP in 2007. Shortly afterwards, the SNP dropped an election commitment to bus re-regulation, although they denied that there was any connection to Sir Brian Souter’s donation.

Sir Ian Wood has not given open support to the SNP, yet the SNP continue to court the billionaire’s favour. Not only has Alex Salmond given his own backing to the City Garden Project, the machinery of Government has also been used to bankroll the scheme.

Scottish Enterprise funded the public consultation two years ago and also allowed grant money to be used for the technical feasibility study. Although the public rejected Sir Ian Wood’s project in the consultation, it didn’t stop Scottish Enterprise from giving Aberdeen City Garden Trust £375,000 of public money from its available funds for major infrastructure projects.

Another niggly problem has been the concerns of Audit Scotland

The Scottish Government are keen to provide investment money for the project through TIF funding. Yet it has been established that the initial proposal did not rank very highly by comparison to other investment and infrastructure projects elsewhere in Scotland.

The Scottish Futures Trust, who carried out the ranking, has refused to make their calculations public in spite of Freedom of Information requests to do so. Another niggly problem has been the concerns of Audit Scotland, who have questioned the long term capability of the indebted Aberdeen Council to pay back a risky loan for the project.

The proposed use of valuable investment and infrastructure funds for something as trivial as building a new park is shocking. The business case is dubious and the council can’t afford the risk. Political considerations seem to have taken precedence to a strict business evaluation on the Aberdeen TIF case.

Sir Ian Wood discussed independence recently and gave an indication of what he wants from the Scottish Government:

“The Wood Group will not endorse a Yes or No vote on independence. But Sir Ian added: “What’s key is the extent to which our clients, and to some extent ourselves, anticipate that a Scottish Government would continue with a similar oil and gas policy to the UK.

“The suggestion right now, from the discussions I’ve heard, is that there’s a lot of overlap between the present Scottish Government’s thinking on the development of the oil and gas industry and the UK government’s thinking.”

He went on:

 “What’s important – and I think the First Minister realises this – is that they must provide as much clarity as possible over the next two years towards the vote in 2014, so that we minimise the uncertainty.”
http://www.scotsman.com/captains-of-industry-and-finance-join-clamour-for-clarity

I have no doubt that this will happen.

The SNP are hoping to secure a majority at the council elections on May 3rd. This is possible, but as a one-issue party they tend to do better in national elections than local elections. They are also heavily identified with the Union Terrace Gardens issue and this appeared to have cost them votes in the Scottish elections last year.
http://aberdeenvoice.com/2011/05/the-election-the-utg-effect/

If they do not get a majority, this raises the intriguing possibility of an administration run by a Labour-SNP coalition. The Lib-Dems are likely to see their vote collapse outside the West End of the city. The Labour group are vehemently opposed to the City Garden Project and it could be that a condition for agreeing to form a coalition is that the scheme is dropped.

The “Union” in Union Terrace Gardens refers to the union of the United Kingdom and Ireland in 1800. Perhaps it is ironic that the park has ostensibly become a pawn in the big game of Scottish independence. It would be immensely sad if this was the case. Aberdeen’s heritage could end up sacrificed for the sake of political wheeling and dealing.

This would not bode well for a future Scotland. As Paul Scofield, playing Thomas More, said in A Man For All Seasons:

“I think that when statesmen forsake their own private conscience for the sake of their public duties, they lead their country by a short route to chaos.”

Apr 062012
 

A report on the UTG referendum was discussed at a meeting of full council on Wednesday with a view to it being approved before being sent to the Scottish Government. Friends of Union Terrace Gardens chairman Mike Shepherd was permitted to give a deputation. Aberden voice presents Mike’s deputation in full.

Town House1 “I was allowed to give a deputation here in January when I said that the FoUTG would agree to take part in a referendum if it was fair.

We agreed to the referendum in spite of the shameful behaviour of this council in ignoring the result of the public consultation two years ago. We agreed for two reasons.

First, we saw the CGP as a juggernaut pushed through relentlessly by business and a friendly council. There were only two options to stop this; either through the referendum or legal action. We chose the referendum.

Secondly, we chose this route through public spirit. We were only too aware of the poisonous attitudes building on both sides of the issue. Aberdeen was at war with itself. A fair referendum was the only way of killing this beast.

I also told the council that the referendum would have to be fair because implicit in taking part was that we accepted the final result, whatever it was. This was said in good faith.

THIS WAS NOT A FAIR REFERENDUM!

We do not accept the result. The process was flawed. Internet and phone voting should not have been allowed as without signatures, this was open to fraud. The Green party have also asked me to complain about their shortened message in the information pack that was sent out.

The City Garden Project supporters were allowed to spend tens of thousands of pounds on PR, newspapers, leaflets and radio ads. This money spent on advertising bought a marginal result for the referendum.

The ads were often misleading and in some instances blatantly so. We were told of a bogus £182M investment, consisting of a bogus £15M of private investment and a bogus £20M Art Gallery grant which didn’t exist. One misleading ad is under investigation by the Advertising Standards Authority.

This council also misled the public. The claim that a new park could create 6,500 jobs was utterly ludicrous. They did not explain the risks of borrowing through TIF properly, even when Audit Scotland expressed their concerns about the long term implications for the Council’s finances.

You are £618M in debt, you cannot afford the risk on further borrowing.

The council were partial to one side of the referendum. The ACGT were allowed to show a video in the Art Gallery, council property, yet we were excluded until after several days of complaint on the matter.

This was a dishonest referendum. The public were misled right up the City Garden path. The council should vote to ignore the result. Furthermore, this report should not be passed onto the Scottish Government as suggested. The proposal to spend valuable investment and infrastructure money on something as trivial as a new park is a disgrace.

We do not accept the result of the referendum and we intend to carry on campaigning to save Union Terrace Gardens. Thank you.”

Evening Express report here.  http://www.eveningexpress.co.uk/Article.aspx

Mar 202012
 

With thanks to John F. Robins, Secretary, Animal Concern Advice Line (ACAL).

  deer5pic Three Community Councils representing neighbourhoods close to Tullos Hill have issued a last minute appeal asking Aberdeen City Council to call off the deer cull planned for Tullos Hill.
In a strongly worded open letter the Community Councils, which represent over 25,000 Aberdonians, accuse the City Council of using underhand tactics to get backing to plant trees on Tullos Hill as part of their Tree for Every Citizen initiative.

They claim that,

“the public consultation was seriously flawed and made no mention of a deer cull. Community Councils and the general public were given incomplete information, allowing ACC’s intention to cull to remain unchallenged”. 

When the intention to kill the resident roe deer eventually became public knowledge there was an outcry with many Aberdonians telling the City Council that if the Tree for Every Citizen project meant killing the deer they did not want any trees planted for them. The Community Councils say the City Council dismissed local public opinion and have pleaded with the Council to change their mind at the eleventh hour and to,

“Listen to the voices of the people who elected you, cancel the cull and let the Tullos Hill deer live”.

For over a year Animal Concern Advice Line (ACAL) has been supporting local campaigners in the battle to save the Tullos Hill roe deer. John Robins of ACAL welcomed the intervention of the Community Councils. He states;

“This is a severe embarrassment to Aberdeen City Council.

“They can no longer claim that opposition to the deer cull is coming from outwith Aberdeen. Three Community Councils representing over 25,000 Aberdonians have made it perfectly clear that they want this cull stopped. On Sunday of this week the CEO of the National Trust for Scotland admitted on national television that they had made a mistake by undertaking a mass cull of deer on the Mar Lodge Estate. 

“The very same advisors who were behind that cull are the people advising Aberdeen City Council to kill the deer on Tullos Hill. There is still time for Aberdeen City Council to avoid making that same mistake. All they have to do is respect the wishes of the people who elected them and call off the cull.”

  •  The Open Letter signed by Nigg, Torry and, Kincorth & Leggart Community Councils can be viewed here.
Mar 092012
 

edwardtall2 By Bob Smith.

Noo the mannie a’m thinkin o
Is nae a chiel fae Roman stock
Nae an emperor nor a general
Mair a gairden pinchin bloke

The fowk in the Acsef’ “Senate”
“Hail Seizer” they micht roar
“The plebeians o oor gweed city
Wi them ye’ve settled a score”

Julius Caesar wore a laurel wreath
T’wis ti hide his baldy heid
Oor “Seizer” micht weer a money belt
Ti hide proceeds o corporate greed

Like an assassin in Roman times
Oor “Seizer” he wields the dagger
Syne stiks it in the city’s hairt
An the bonnie gairdens stagger

Anither Caesar kent as Nero
He fiddled fyle Rome burned
Wull oor “Seizer” play bagpipes
As the UTG grun’s owerturn’t?

Oor “Seizer” shud read history
The Roman Empire it did faa
Helpit by “ower the tap” spendin
On thingies nae needed ava

Aa ye fowk o Aiberdeen toon
Faa voted fer the “Web” design
A hope iss ye dinna live ti regret
Somewye awa doon the line

©Bob Smith “The Poetry Mannie” 2012

Feb 282012
 

A person might think that a chamber of commerce exists to promote local businesses.  Here in Aberdeen this is true as well.  But as Aberdeen Voice’s Suzanne Kelly learns – the taxpayer is funding at least some of the PR work  for the City Gardens  Project – and the Chamber of Commerce and ACSEF seem to be leading the City Council by the nose.

SJDUTG2 The proposed City Gardens Project/Granite Web is a contentious idea which would see a mix of public and private interests building huge, granite ramps over Union Terrace Gardens.
While this idea may not even get off the ground, it has been a gold mine for some fortunate businesses via the Aberdeen & Grampian Chamber of Commerce – at the taxpayer’s expense.

This article will primarily deal with money that the City Council was invoiced by the Chamber of Commerce for PR-related work.  Before doing so, a little recap of other financial facts will add perspective.

PriceWaterhouse Coopers have come up with some grandiose projections including the creation of some 6,500 permanent jobs and £122 million flowing into Aberdeen every year until c. 2023:  all because of the granite web.  PriceWaterhouse Coopers were first paid £41,000 and change for TIF-related work in March 2010.  Other invoices followed, and so far I have been shown by Scottish Enterprise £71,000 worth of PwC invoices.

These invoices are made out to Scottish Enterprise, and Scottish Enterprise is funded by the taxpayer.  Unfortunately, these projections have been seized upon  by the press and turned into ‘facts’  (The Press & Journal published these and other items in a box entitled ‘facts and figures’ on 19 January next to an article about the PwC projections and the garden’s many projected benefits).

The unelected and free-spending and secretive ‘Vote for the City Gardens Project Group’ have likewise promoted these figures in their literature as being reliable facts as well.  They are projections, and arguably very optimistic ones at that.  Whether or not these glowing projections (that we will have more permanent jobs from our web than London expects from its 2012 Olympics) are based on the fact that PwC is being paid by the side that wants to build the web is something the referendum voters may wish to ponder.

A Freedom of Information request I lodged with Scottish Enterprise some time ago revealed (details of which I have previously published) included:-

Item Description Date Amount
1 Technical Feasibility Study to undertake an engineering, cost and design appraisal of the development options for UTG, each incorporating an arts centre. Jun 2009 £162k
2 Architect, Design & Project management fees for a Contemporary Arts Centre project Feb 09/May 10 £226k
3 Consultation Report – City Square Project.. Mar 2010 £113,915
4 Union Terrace Gardens (TIF)-Tax Increment Financing Mar 10
Oct 10
Nov 10
£71,959.65
5 Scottish Enterprise holds 22 copies of invoices relating to ACSEF approved spend for activities relating to stakeholder engagement, events management, and communcations. [sic] 2009-10
2010-11
£51,766.60
£22,712.72

(source – Scottish Enterprise email exchange with Suzanne Kelly May 2011)

While this £648,000 was being spent, Aberdeen City Council was battling with potential job and service cuts in order to balance its books.  It seems that these costs have largely been paid by the taxpayer via Scottish Enterprise and other vehicles, and I can find nothing to show that the Wood Family Trust, which has offered £50,000,000 to further the project, has paid towards any of these costs.  The PR and promotional invoices referred to at Item 5 have been paid by the Aberdeen City taxpayer.

Before moving on to Item 5, which is the subject of this article, some of these other items are worth a further glance.

At Item 2 you will notice we are now talking about some kind of ‘Contemporary Arts Centre project’ – is Peacock already being edged out of the picture at this point?

Item 4 would seem to correspond to PriceWaterhouse Coopers invoices which I referred to.  How much more money has been spent on PWC since this May 2011 exchange is unknown.

From what I have been subsequently sent by Scottish Enterprise, the bulk of the invoices at Item 5 were from the Aberdeen & Grampian Chamber of Commerce to the City Council.  In the words of Scottish Enterprise:-

  • 9 invoices relate to financial year 2009/10 – these total £51,766.60
  • 16 invoices relate to financial year 2010/11 – these total £36,692.95. This total is higher than the original figure stated due to the invoices received after the date of that response
  • There has been no spend on the City Garden Project from the ACSEF budget during the current financial year  (SK notes – it is only February – there is time)

(source – Scottish Enterprise email to Suzanne Kelly February 2012)

Arguably a mere £88,459 is small change as Aberdeen City contemplates borrowing £92,000,000 (minimum) if the project goes ahead. However, this is money which the City paid from its own budgets – it is taxpayer money.  Should a financially-pressured city use pubic money for propaganda purposes – PR, events and photos designed to promote the City Garden Project?  Is the Wood Family Trust contributing any money towards these expenses yet?  I simply do not know.

A spreadsheet of the expenses comprising Item 5 can be found online at http://oldsusannahsjournal.yolasite.com/  I would recommend looking at these 50 or so items.

If you look at the wording in the table above, ACSEF is apparently approving this expenditure.  ACSEF is a public-private quango, and at the time of writing, Stewart Milne is on its board.  He owns the Triple Kirks land adjacent to Union Terrace Gardens, and he wants to turn this landmark into an office complex which will likely enrich him if it goes ahead in my opinion.

Despite several emails, no one in a position of power has the slightest qualm with Mr Milne potentially having a conflict of interest.    Why precisely ACSEF is allowed to commission and recommend for payment invoices to the City Council is a matter I personally find worrying.

Virtually none of the invoices from the Chamber to the City specify who / what company actually performed the services in question.  What company got all the PR work?  Who took the photos?  I do note that Zoe Corsi of the BIG Partnership is on the Chamber’s Board of Directors – as are other key players such as Tom Smith, one of the two directors of the private entity, Aberdeen City Gardens Trust.  This company seems to be in the thick of the decision-making processes; it is apparently the company which is holding onto the results of the design finalist public vote – which it refuses to release at present.

The taxpayer apparently paid for that exhibition and the public vote – and yet a private company seems to be withholding the results.  The argument has been put forth that it is no longer relevant.  Many people took the opportunity to write on the voting papers that they were against all the schemes and wanted the gardens retained and improved.

The public should have had this ‘no’ option at the final selection vote, but it seems councillors who asked for a ‘no’ option were outmoded by the Project Management Board (note – see the website listed previously for details of how all these companies and entities have interesting personnel overlaps).

It may be of interest to accountants that the party which actually performed the work not specified on these invoices, and with only a rare exception is VAT ever charged.  It would be interesting to know whether or not the Chamber of Commerce adds any fees or commission charges to the work it is invoicing the City for.

Highlights of the list of invoices include:-

  • £180 paid for a photograph showing ‘inaccessibility of Union Terrace Gardens’
  • over  £25,000 paid for ‘Stakeholder engagement’ events and so on since October 2009 to August 2010
  • £3500 paid to ‘Comedia’ for Charles Landry to attend event / speak
  • Redacted line items and handwritten notes adorn several of the invoices
  • One invoice – No. 42407 shows only one line relating to ‘coach hire’ – this is £246.  However, the total shown on this one page invoice is for £7444 – what has happened?
  • A January 2010 Advertising bill from Aberdeen Press & Journals for £ 2,820 ( See: http://fraserdenholm.blogspot)
  • £11,000 in February 2010 charged from the Chamber to the City for “Development of images, movie, powerpoint and exhibition material for City Square Project as per attached sheets”

As to the redacted text on the invoices, redacted text has started showing up in Project Monitoring  Board minutes and reports again, despite Councillor McCaig’s previous intervention to cease this practice.  One company which has had its name redacted from recent documentation is Brodies.

The value of three Brodies invoices which I received copies of is around £12,000.  One of these invoices from April 2011 is for:

“City Gardens Project – Development Constraints Report (Legal  [sic] To fee for professional services in connection with the preparation of a development constraints report relating to the title of Union Terrace Gardens, Aberdeen, and surrounding land.”

I suppose our City’s in-house legal department cannot be expected to know whether or not it has free title to Union Terrace Gardens.   Happily, experts have demonstrated the land is Common Good Land.  As such, whether any of these garden projects can or should be legitimately carried out will be a big question in the future.

Earlier we saw how ACSEF was allowed to recommend these expenditures; we have seen how the Chamber of Commerce invoices the City for ACSEF-approved costs.  If we were to put in some of the over-lapping names from ACSEF and the Chamber of Commerce into the equation, we would be able to see that:

ACSEF [including Stewart Milne, Jennifer Craw (of Wood Family Trust), Tom Smith (Director, Aberdeen City Gardens Trust), Colin Crosby (Director, Aberdeen City Gardens Trust), Callum McCaig (ACC) ]

approved invoices generated by the Aberdeen & Grampian Chamber of Commerce [Colin Crosby; Zoe Corsi (BIG Partnership) , former director Tom Smith]

for the City Council [Callum McCaig]

to approve to further the aims of the Garden Project (CGP entity members include John Michie, Colin Crosby, Jennifer Craw).

Given the above, I suggest that the time is right for an entire re-think of how this project has been allowed to develop, and a full investigation into the demise of the Peacock plan and an investigation into the genesis of the current state of affairs might not be a bad idea as well.

While this is going on, a local care home has announced it will no longer provide 24/7 on-site staff as there is not enough money.  Residents were told to drink less fluids at night time.

Feb 232012
 

What a week it’s been for Old Susannah. The pizza party that never was,  PR wars and public accusaltion of criminal activity.  Where to start? And where is it all going? By Suzanne Kelly.
dictionary

According to the Press & Journal of 21 February, Tom Smith of ACSEF claims to be the victim of internet ‘bullying… harassment… intimidation’ and so on.  The nature of the claims are not spelled out, but allegations are made of an ‘objectionable’ image (no, not one of the ‘concept’ drawings of the Granite Web), e-mail hacking and receipt of abusive emails.

Smith has called in the police.  It seems those he accuses of this broad spectrum collection of attacks are the broader spectrum of people opposed to building in Union Terrace Gardens.

Hacking is illegal.  Threatening is illegal.  When it comes to posting threatening remarks on internet sites, the law still applies.   But we are in a democracy which prides itself on centuries of press freedoms. 

The British Isles may truly be called the birthplace of political satire, a recognised and legitimate weapon of the press, often the only means of attacking people of wealth and power who might otherwise escape scrutiny.

The press has been filled with accounts of the nefarious activities in days not long past at News International.  Police have been bribed; phones of murder victims have been hacked, private correspondence has been intercepted.   The offenses are both shocking and illegal.   Elsewhere online,  threats are issued back and forth; the cloak of anonymity is often mis-used for the benefit of the coward or the manipulative.   As unpleasant as some online banter may be, not all of it is illegal by a wide margin:  the P&J know this extremely well.

If Mr Tom Smith and/or his family have had any bona fide threats (whether electronic or not), or if Mr Smith has been illegally hacked, then I will be the first to defend his rights and demand an enquiry.  (Note:  did you know that council officials can get court orders to snoop on residents for a variety of reasons?  If not, you know now).

However, there are several issues arising from this Press & Journal story which need to be dissected.

From the P&J, the blur between the allegedly illegal and the legal is as blurry as the specific details of the City Garden Project itself.

The timing of this claim comes close to the end of the referendum voting period – Mr Smith seems in the article in question to be making a blanket-bombing attack on all those who oppose the plans to build over Union Terrace Gardens.  I can assure Mr Smith that there was never a looser or more informal federation of people opposed to the City Gardens Project.

Why do he and the P&J feel the need to group political parties, grass-roots movements, students, OAPS, rich and poor into a single entity that is apparently illegally attacking him?

I am keen to hear the specifics of the accusation.  Perhaps Mr Smith is accustomed in his very many roles (1. ACSEF Chairman, 2. City Gardens Project Management Board, 3. City Gardens  Implementation Team Chair,  4. City Gardens Project Advisory Group, and  5. Director of Aberdeen City Gardens Trust) to only being treated with deference.  In social network sites; on newspaper comment pages, there is no automatic right to be treated politely.

Not everyone uses genteel language; one person’s foul language is another’s common vernacular.  What is the specific nature of the abuse(s) being claimed?  From the P&J, the blur between the allegedly illegal and the legal is as blurry as the specific details of the City Garden Project itself.

It is refreshing as well as amusing in the extreme to see the Press & Journal showing such concern to those ‘bullied and/or intimidated’ via internet:  readers of its online comments will be familiar with the abusive, bullying, personal, crude tactics of two of its most prolific, rarely censored anonymous posters, Jock W and the even more notorious Sasha M.

Months ago Sasha M made comments about me which were libellous in my (and my legal advisor’s opinion).  I complained and considered whether or not to sue; the editor of the P&J called me and agreed to take the posts off.  As I reported at the time, the editor told me that since ‘you skate pretty close to the edge yourself, you have to be able to take it as well.’

I reminded him that I write a satirical column, and that if Sasha M writes something about me which appears on a site owned and controlled by the P&J, purporting to be a place for comments on news stories, Sasha’s postings  had better be true. (I suggested ridiculing my overly-large nose; that at least would have a grain of truth in it:  but Sasha had claimed two libels against me which were  published on the Press & Journal’s website as if they were factual.  They were not, and as such I considered them illegal).

But now it is time to look at the Press & Journal. Today’s article is a very odd creature.

I have been sent occasional searing, blistering  emails by those I have satirised.  My satirical subjects have been politicians who have voted to slash benefits, close schools, destroy greenbelt land, and who have been convicted of criminal acts.

I see my small satirical column as my only weapon against a public/private power structure  that, in my opinion, seems to wants to suck as much out of the taxpayer and give them as little in return as possible, while commissioning portraits of themselves, attending concerts and other events.

My writing is certainly not to everyone’s taste – but I am using the legal, accepted, platform called satire.  If I have successfully drawn attention to any injustice and/or incestuous public/private sector overlaps, then I’ve succeeded.  But in any event, I stay within the law, and will continue to write as long as I can find a reader.

But now it is time to look at the Press & Journal. Today’s article is a very odd creature.  It voices Mr Smith’s complaints – but it mixes illegal activity such as hacking and threats with totally legal (if undesired) activity such as online posts.  It stops short of accusing anyone of libel, but it hints at it.  What is the P&J actually trying to say is the subject of the police investigation?  Are the police roping together all internet items which offend Mr Smith – legal and illegal?  The P&J certainly seems to be doing so.

For quite some time P&J editorial staff have been aware of the over-the-top, racist, nationalistic, insulting behaviour (in the opinion of many) of some of its posters.  Mike Shepherd is only one target of Jock, Sasha and their vitriolic crew.  Mike and the others have not gone to the police as far as I know, but by Mr Smith’s standards they certainly would be within their rights to do so.  In reviewing randomly the writing of Jock and Sasha, I’ve come across highly offensive, possibly illegal posts including:-

*  references to ‘incomers’ in less than flattering contexts, which certainly sound nationalistic and insular and to some degree threatening to me

*  references to specific politicians such as Lewis MacDonald which are extremely insulting

* stereotyping of anyone suspected of left-leaning politics

*  a remark from Sasha:  ‘let’s kill off these protestors once and for all…’  not kill off the protest – but the actual people – the protestors.

*  Jock W invokes the Nazis in an insult directed towards Mike Shepherd  - Jock references ‘Goebbels’ and alludes to ‘Chemical Ali’ by way of typing ‘Comical Ali’.

Nazi related insults?  Threats to kill protestors?  What has been allowed on the Press & Journal online editions for all these past months? 

They are surely responsible for posts put on their website.  A feeble addition of links whereby readers can ask for a quote to be ‘reported’ is by no means a substitute for the responsibility the P&J have as the owners of this website.  I have had scores of people tell me they used these links to complain, all to no avail.

Clearly the P&J need to look at their own house.

The real point here though is that the Press & Journal knowingly allows this type of comment to go on, refuses to police its own comments pages, and yet has the gall to support Mr Smith in his complaints that people are being intimidating and bullying to him online, mixing illegal and legal activity in what seems like a very crude attempt to smear anyone who stands up against the City Gardens Project or those who support it.

A kind word to Aberdeen Journals:  things are changing.  Your circulation and profit margin are apparently not what they once were.  People are saying openly that you seem blatantly biased towards any hype the pro CGP teams throw at you.  Have you gone too far this time?  Just a thought.

I welcome any police investigation into any illegal activities – threatening people, hacking and so on.  Our police will be well aware of guidelines protecting free expression, satire and online comments.

One recent complaint I had threatened me with legal action and the Scottish Football Association (!)

If any attempt is made to curb, censor or halt normal rights of the individual, then this small writer through to the NUJ and all responsible news agencies will be there to safeguard our journalistic rights and day-to-day free expression.

In point of fact I am trying to make up my mind:  should I stand up to Sasha M and launch a suit against him and/or the Press & Journal now after all (don’t worry – I still have screen shots of Sasha’s remarks about me – in an item about the Lord Provost giving away expensive gifts which I neither commented on nor had any involvement with whatsoever)?

This could stop any further written threats to ‘kill protestors’ or nationalistic rhetoric about ‘incomers’.  For that matter – I thought the garden ramps project was to encourage newcomers to the area?  With Sasha’s rants against newcomers, this will indeed be hard work.

Back to my legal, online writing.  For every piece of fact I have written about, I can assure my detractors that I will have a source, and that source will be doubly – if not triply – backed up.  I have in the main while writing received many letters of support (for which I am sincerely grateful).

One recent complaint I had threatened me with legal action and the Scottish Football Association (!) if I did not print a retraction of my article.  Instead my source material was reviewed, not only fully vindicating my assertions, but also paving the way to printing further details the complainant may not have wanted publicised.

Finally, here is a nice way to illustrate these points, which I will call The Casablanca Gambit.

Classic Film readers will remember dialogue from the iconic (the word is well used in this case) film, ‘Casablanca’.  The Chief of Police in Casablanca, Captain Renault, has been ordered by Nazis to close Rick’s Cafe by any means.  This is what transpires:

Rick: How can you close me up? On what grounds?
Captain Renault: I’m shocked, shocked to find that gambling is going on in here!
[a croupier hands Renault a pile of money]
Croupier: Your winnings, sir.
Captain Renault: [sotto voce] Oh, thank you very much.
Captain Renault: [aloud] Everybody out at once!

I leave it to you to decide who in this current Aberdeen drama are the Nazis, who is Rick, and who is Renault.  (I wonder if the P&J may wish to reconsider its position, or if it will continue to collect its winnings while it can).

Feb 192012
 

By Bob Smith.
utgpanpic

A new player on the scene
His thrown the gauntlet doon
The weel kent face o Jimmy Milne
A local north east loon

Ti keep the gairdens bonnie
He’ll cum up wi some dough
If the citizens o Aiberdeen
Vote the Granite Web a no

Oh michty me oh fit a flap
City Gairdens Trust fair pit oot
O coorse they jist resorted
Ti pittin in the boot

Jim Milne he’s noo bein accused
O gettin the wrang eyn o the stick
Oor Stewartie’s jumpin up an doon
Like some  puir demented prick

We micht bi seen Stewartie says
As a toonie wi nae  desire
A place fits lacking ambition
A city fair left in the mire

Noo is ess nae jist scaremongerin?
Like fit FoUTG hiv bin accused
We aa ken fit yer tryin Stewart
Yer ploy we’ve aa jaloused.

Hats aff ti Jim Milne an his freens
Fer helpin in the ’oor o need
In the myns o aa the dooters
Ye’ll hae sown a positive seed

Time noo fowks ti aa staan up
Show the Granite Web  the door
Vote ti  retain oor bonnie gairdens
Wi Jimmy’s dosh we can aa score

  © Bob Smith “ The Poetry Mannie” 2012