A Lot Hinges On Allotment Court Case

 Aberdeen City, Articles, Community, Featured, Information, News  No Responses »
Feb 172012
 

Voice has learned that Aberdeen’s allotment holders may well be close to resolving their long- running dispute with Aberdeen City Council. The swingeing increases imposed in the Council’s 2008 and 2009 budgets have added 152% to bills in a 12 month period for some gardeners. With thanks to Frank Taylor.

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Readers may recall that Finance Minister John Swinney confirmed to local MSP Dr Nanette Milne that a local authority would not be entitled to collect rent under regulations which had not been formally confirmed by Scottish Ministers in terms of the Allotment (Scotland) Act 1892.
Regulations made under this provision have no legal effect without ministerial confirmation.

Aberdeen City Council maintained that legally it can to choose whether or not to make regulations for its allotments. Allotment holders do not dispute this, but when the Council claims it has chosen not to make regulations, allotment holders do dispute this.

The allotment holders feel that irrespective of what the Council says it has chosen to do, it has in fact made regulations, but by choosing not to have them confirmed by ministers, the Council has no legal right to enforce these.

The dispute is now at the Sheriff Court as the Council has raised proceedings against Frank Taylor, secretary of Bucksburn Allotments Association. Mr Taylor eventually lost patience with the Council, withheld the rent for his allotments and challenged the Council to raise proceedings against him for recovery of rent and possession to allow the Court to clarify the issues.

Mr taylor told Voice that he did not encourage the Council to raise proceedings against him ‘without a great deal of thought and soul-searching’. There are extremely serious consequences for him should the Court find against him. He may have to surrender possession of his allotments and be found liable for the Council’s costs as well as his own.

He is, however, extremely confident in the merits of his arguments.

The term ‘regulations’ is not defined in the allotments legislation and it is a well-established legal principle in such circumstances, that an undefined word shall be interpreted according to its normal and ordinary meaning.

‘Regulation’ is defined in the Oxford English Dictionary as ‘a rule or directive made and maintained by an authority’. Aberdeen City Council is a local authority.  So, has ACC made any rules for the management of its allotments?

Before being granted tenancy, Aberdeen allotment holders are required to indicate their acceptance of a list of conditions in the Council’s ‘Conditions of Let’ letter. Mr Taylor has provided us with a copy and points out that ‘rule’ is a synonym of ‘Condition’ in the Oxford Thesaurus of English.

That seems to put the issue beyond doubt, especially since the Council in its own Condition 9, refers to that condition as ‘a rule’.
To reinforce his views, Mr Taylor says it is evident that the conditions imposed upon him are used to

  1. Set the rent payable in terms of the contract and the date on which the initial rent is payable
  2. Make a direction as to when the rent shall be reviewed and the dates on which future rents shall be payable
  3. Govern the circumstances under which the landlord is entitled to resume possession
  4. Direct who shall be entitled to assess compensation to a tenant on outgo and restrict the right of any other person to input into that process
  5. Direct how the tenancy may be terminated by a tenant
  6. Restrict the entitlement of a tenant to transfer the tenancy
  7. Limit the use to which a tenant may put an allotment and restrict him/her from keeping livestock
  8. Regulate the dimensions and type of hut that a tenant may seek to erect and control where it may be situated
  9. Direct that a tenant may be removed if he does not achieve the required standard of husbandry.

The terms used – ‘manage’, ‘administer’, ‘set’, ‘govern’, ‘restrict’, ‘limit’, ‘direct’ and ‘control’ – are all synonyms of ‘regulate’. There is no doubt that every condition in the Conditions of Let letters regulates, or has the effect of regulating, matters pertaining to the management and administration of allotments owned and let by a local authority.

So has Aberdeen City Council made regulations for its allotments? Has the Council made a regulation by setting a rent? Will a Court disagree with Mr Taylor? He is confident of winning the case..

The Council’s Court Action has been founded on Conditions or an alleged breach thereof.  If the Court decides that these Conditions are Regulations, then the local authority’s Court Action will automatically fail.

Old Susannah No. 67 – Mythinformation

 Aberdeen City, Articles, Community, Information, Opinion, Satire and Humour  No Responses »
Feb 102012
 

Old Susannah wades in with her chainsaw rattling in the direction of Union Terrace Gardens, but the elms need not fear, she is only out to cut through the misinformation presented as ‘myth busting’ by the City Garden Project.

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By Suzanne Kelly.

Old Susannah has been busy with Union Terrace Gardens this past week, like so many of us.  Another few short weeks, and the people will have voted one way or the other as to whether or not our environment, heritage and common good land are better served up with concrete ramps or not.

Then I can get back to the important work of singing the praises of our elected officials, unelected quangos and council officers, and local millionaires.

Before I get down to the Gardens situation, I thought I’d look back at all the wonderful artwork that the City’s children sent in for the Christmas time art competition and event in the gardens, organised and funded in large part by the Bothwell family.

Hundreds of children sent in their artwork, and at this chilly time of the year with Christmas past, they make a cheerful reminder of a great day, and what it’s like to be a child again.  And each and every one of the childrens’ artwork exceeds by miles the A3 takaway flyer sent by a group of anonymous business people telling you we must vote for the granite web.

Do have a look – you will be glad that you did.
http://oldsusannahsjournalchildrenschristmasartwork.yolasite.com/

On with some definitions then.

Propaganda:  (noun) Material, slogans, misinformation designed to advance a particular point of view often by discrediting or ignoring opposition.

My email inbox is bursting this week with details of employers who are sending their employees all of the leaflets, letters and testimonials which support the garden project.  Most of these are written in the names of associations or groups which have – but crucially do not declare in the literature in question – a member or members who are directly involved with promoting the scheme.  This is very clever indeed.

An employee wants to be told by their boss how they should think and want and vote.  It would therefore be most unfortunate if the employees were given some way to read the many arguments against going ahead with an undefined project with an undefined budget using an as-yet untested in the UK financial borrowing mechanism with a debt-ridden city council borrowing money.

Let us hope therefore that suitable precautions are taken to prevent employees reading the literature from different groups available at the following:-
http://oldsusannahsjournal.yolasite.com/

Myth:  (noun) work of fiction, often including gods, goddesses and challenges and tasks.

Not since the rainbow bridge of Asgard joined heaven and earth, not since the legend of Hercules and his impossible labours has there been a tale as far-fetched as that of the granite web that launched 6,500 jobs and paved the streets annually with £122,000,000.  Sure, it may look more like one of the circles of Hades or the Minotaur’s maze, but the web is already passing into myth.

Those clever people who bring us this gift from the gods are worried we mortals can’t undertand the benefits, and are misunderstanding (or mythunderstanding) their benevolent intentions.  They’ve written a handy guide (something called a ‘blog’) The City Garden Project – The Myths, dispelled’ which can be found at:-
http://www.voteforcitygarden.co.uk/blog/17-the-city-garden-project-the-myths-dispelled

And to its words in bold italics, are my little responses.

The City Garden Project – The Myths, dispelled.

  • We want you to make your decision based on truth, not incorrect claims, speculation and downright nonsense!

Fine – we are all in agreement.

  • Myths have been at the heart of the campaign against the City Garden Project and if some of them were true then the opposition could be justified.

Which myths and what are they?  Where did you get them from?  I remember the initial consultation:  we were shown a beautiful, expensive colour brochure (which the taxpayer had funded) – the cover of which had a flat concrete giant square with some plants in planters.  Later on we were told the project was not going to look like the picture.  Maybe we could have saved some taxpayer money and time by waiting for a consultation and poll until such time we knew what the proponents had up their collective sleeve.  But it is not for us to question the gods.

  • But, whether by mischief-making or simply misinterpretation, the rumours have been rife.

So here we have an implication of mischief-making.  Was it the god Loki at work?  Or of the opposition being too thick to be able to ‘interpret’ what is proposed.  I have not personally heard ANY RUMOURS.  I have read serious questions about the project’s economic, ecological, sociological and regeneration benefits.

I have read people asking where the ventilation will be for underground car parking.  That is one example of the sort of criticisms and questions that I’ve experienced.  ‘Dante’s Inferno’ has a version of heaven, hell and earth without any ventilation, so I guess these miracles can happen here as well.  

  • So, let’s dispel some of these myths! 

Fantastic!  Let’s go!

1. The “green lung” of our city will be lost – FALSE. 

The City Garden will double the amount of green space in our city centre. The new “green lung” will be more usable, more accessible and brought into the sun-light. New garden areas will be created, including a colourful, blossoming area, a forest, a Learning Garden, a quiet tree-lined Bosque area with street furniture and open green space for relaxing in or having a picnic.

Patches of grass do not clean the pollutants and particulates out of a city – established, large, leafy trees do.  As the goal posts keep moving on what trees are to be lost by the City Garden Project engineers, it is hard to imagine which trees are going.

I am still very disappointed we will not have a MONOLITH at which we can make sacrifices to the gods.  I guess we’ll just have to sacrifice the trees, animals, birds, and money to these new gods instead.  But are you going to be reassured that the existing mature trees are somehow going to be replaced overnight by trees with equal pollution / C02 management capabilities by people – sorry gods – who think they can plunk a pine forest in the midst of a city centre?

Most people question where the trees’ roots will be – nearly all trees have extremely large, spreading root systems which require soil.  By the way these roots and soil are what prevents flooding.  I have read points made by experts who say it is not viable to grow a pine forest in the middle of a city centre for a number of reasons.  I don’t know the science – but I look forward to the City Garden Project team showing me examples of such cities.

  I do enjoy looking at the photos of people sitting on the concrete wedge over the ‘stage’ area which is covered with a bit of sod.

There are examples of cities with great open plazas which flood as there is insufficient soil / tree roots to absorb  heavy rains.  At least rain isn’t much of a problem here in North East Scotland.  As to bringing everything into the sunshine, err, the sun shines in the valley as it is – with the added advantage of the valley providing a very valuable wind break.

At Tullos Hill the soil matrix is very poor – which in the words of the soil report prepared by the Forestry Commission leaves any trees planted subject to ‘wind throw’.  If the roots don’t have a good firm earthy soil to hold onto, then a strong wind – like the kind that will inevitably blow across any area brought to street level – may well bring trees toppling on top of the granite web – or people.

Just by elevating a hunk of potato-chip shaped concrete and putting a few inches of sod over it, you are not creating a natural green lung/habitat/area,  even if it is the prettiest thing you’ve ever seen.  As far as doubling the space of the gardens, I do enjoy looking at the photos of people sitting on the concrete wedge over the ‘stage’ area which is covered with a bit of sod.

There is a woman sitting in a chair – a very neat trick indeed for such a steep slope.  Maybe she has a specially-constructed chair with short legs at the back and longer ones in the front?  Perhaps she is a goddess and is floating?  But as many observers point out, the ‘concept’ drawings are inconsistent in this and other ways, such as changing scale.

No, if you are losing the mature, healthy trees that are there – which are home to animals such as EU protected bats and rooks – you are indeed losing a major part of what makes the park valuable to our health.  There is no doubt of this in my mind, so I’m glad we have such a great team of pro-garden project personnel ready willing and able to explain all.  They’ve just not got round to it yet.

2. The city can’t afford the City Garden Project – FALSE.  ( Seriously? )

We have a once-in-a-lifetime opportunity to get a £182m investment in our city at NO cost to the City Council or the citizens of Aberdeen.

One way or the other, the citizen is going to pay.  IF the scheme somehow goes perfectly to plan and we have a bunch of new shops (without hurting further the existing ones) the business rates will be used to repay a loan – a loan at an unknown rate of interest on an as-yet to be determined sum.

And if it doesn’t go well, and Aberdeen gets its very own Trams project fiasco to match Edinburgh’s – the City has to find a way to pay for the TIF.  As far as the donations from private sources are concerned, at last report Sir Ian had promised to put the £50 million he pledged into his will.  Well, if I were one of his children, I’d contest the will if it ever came to that:  an ageing parent throwing £50 million on concrete webs should convince any court that something is wrong upstairs, and a will might get thrown out.

  Some say taking a loan is borrowing money.  But seems we would just be ‘unlocking’ funds – so no problem there.

But who is our mystery £5 million pound donor?  If this is a public project (debatable – the Aberdeen City  Gardens Trust is a private limited company with two people in it), then the public should know where all of the money is coming from.  If someone pledges money, what guarantee is there it will come in?  Some of our current millionaires are feeling the economic pinch, sad but true.

And if are they using this £5 million promise as a lever to tip the balance of public opinion towards the scheme  – then if they stand to gain personally, then we should be told.

I hear varying reports that other private people are pledging something like £20 million.  Now that’s a myth I’d like more info on.

Once in a lifetime?  How on earth is that conclusion reached?  That claims sounds  very much like the scaremongering the pro garden project have been accusing others of.  There are six trial TIF schemes at present.  There may well be more.  But if this were a once in a lifetime chance, then all the more reason to take our time and make a cohesive, desirable bid, perhaps even one based on something less nebulous than a scheme that has a forest one week, an ice rink the next – and so other many unknowns to it.

TIF is only in the pilot stage in Scotland – so let’s get in there first!  Test case Aberdeen!  Some say taking a loan is borrowing money.  But seems we would just be ‘unlocking’ funds – so no problem there.

A minor detail, as we’ll all be rolling in dosh in no time, but do we know the interest rates on the £182 -192 million pounds Aberdeen City Council is going to borrow?  I’ve not been told.  Over to you, City Garden Project.

Again I will say that mere mortals choose to live in an area that is clean, safe and has excellent schools and hospitals.  I must have missed the part when someone proposed to the City Council that it should cut services and schools, and replace green space and our environmental heritage for concrete.

I don’t remember agreeing to continuously expand the City’s footprint into its green space while there are so many empty buildings in the city centre.  I guess I wasn’t paying attention that day – probably got distracted by reading about a cute baby competition in the news or something.

  • 40% of the cost of the City Garden has already been secured. The Scottish Government have pledged that, if the development is supported by the public, a TIF will be used to fund the rest of the costs for the City Garden Project. 

Fine.  Let’s see the legal papers showing exactly how much has been pledged and how ironclad or otherwise these pledges are.  Forty percent?  What is the figure?  We still do not have any genuine, concrete, specific project (no timescale, no costings done, and no precise scope – these are what you learn in ‘Projects 101’ are the building blocks).  You cannot  possibly say you have 40% of the money you need for something which you don’t even have defined or costed.  Not without godlike wisdom anyway.

  • TIF is a bit like a mortgage. The cost of the “property” is £182m. The “property” is the City Centre Regeneration Scheme (Aberdeen Art Gallery, St Nicholas and North Denburn redevelopments, the new public realm and the City Garden Project). The £55m of philanthropic donations already secured for the City Garden, along with the £15m to follow from the private sector, is the deposit.   

First, please define ‘the new public realm’ for me – just so that we are all talking about one specific defined term, thanks.  I’ll bet TIF is a bit like a mortgage:  if you don’t pay up, you lose your property.  Again Aberdeen City Council are going to borrow the money via TIF.  Not Ian Wood.  Nor the private limited ‘Aberdeen City Gardens Trust Company’.

Just as well we’re told it will bring in over a hundred million a year – we’ll be needing it.

Back to the mathematics.  OK – let’s assume the £55 million is £50m of Ian Wood’s, plus the mystery philanthropist.

We should also be told who the £15 million is coming from, but leaving that aside, that’s apparently £70 million pounds.

Some people would question what kind of tax breaks if any will be given to the donors, and whether or not the tax that does not get into the treasury (because it’s being put in a hole in the ground) would be of benefit to our ever-dwindling services instead.

Right – 70 million is forty percent of 175 million.  We have just been told that the ‘cost of the property is 182 million’.  Sorry – I would have thought that the 182 million is the value of the assets, but there it is.  Just for the record: forty percent of 182 million is 72.8 million.  And just so you know, Scottish Enterprise had by May of this year spent over £420,000 on this project on consultations and PR and the like, and the City Council have just agreed to spend up to £300,000 of our money on the legal costs.

Just as well we’re told it will bring in over a hundred million a year – we’ll be needing it.  Hands up anyone who suspects this project will have many little extras here and there.  Do you think at the end of the day the estimates we are getting now (nebulous as they are) will:  a.  stay exactly the same, b.  decrease and cost less than we think, or c.  cost more?

  • The City Council takes out a loan to pay for the remainder. This loan is paid back over 25 years using the income from the new business rates raised. The City is therefore being given both the deposit and the income to pay back the loan – clever eh? That’s why TIFs are so widely used in the States and promoted in Scotland by the Government. But remember a TIF can only be used for this – not for anything else and if we don’t use our TIF, other cities will!

Well, it is indeed time for some myth- busting, because depending on who you listen to, this either is or is not a commercial venture.  TIF is supposed to be for commercial ventures – and it is unclear how anything but a commercial venture can make the millions in loan repayments we would need to make.

In fact, I seem to recall seeing a video of one of the ‘philanthropists’  saying this is ‘Not a commercial venture’.  ‘Clever eh?’  – I am not exactly convinced.  I do think risky, untested, potentially fiscally disastrous.

And overall, unnecessary to my way of thinking.  Nothing is wrong with the gardens.  We could regenerate the city’s shops by lowering our extremely high business rates.  Making more shopping spaces, eating places and entertainment venues creates more competition for the venues we have.

Did you know we as taxpayers are subsidising the AECC and the Lemon Tree – and now they want us to borrow money to build competition for these venues we’re already paying for?  It would be to my way of thinking like betting on several horses in a race.  You might win on one of them, but you will lose money.

3. The City Garden is a commercial development – FALSE

This is about creating a new civic space and gardens that will be brought back into daily use… 

(note – see definition above of ‘propaganda’)

…and become part of the daily life of the people of Aberdeen. The space will include exciting new venues for everyone to use and enjoy including a cultural and arts centre, a 500-seat black box theatre and 5,000 seat amphitheatre and stage.  

See my quotes above about these theatre/stage options.  We don’t need them.  We’re already paying for such venues.  The writer of this paper has first set out to ‘bust myths’.  However, they are lapsing into emotive, subjective prose when they say how wonderful this will all be.  We don’t know that – we don’t know anything of the kind.

But now we get to the ‘venues for everyone to use and enjoy’.  Right.  At present, we can come and go as we please when the gardens are open.  No one can prevent us from enjoying the space as we see fit – no one can charge us any fee to use the gardens.  Why?  Because they belong to each and every one of us as Common Good Land.  Are these ‘non-commercial’ theatres going  to be free of any admission charge?  If yes, then fine – they are not commercial.  If no – then they can’t make money and pay off the TIF loan.

And if they charge you money to be on your common good land, then whoever holds the deeds to the land, it is no longer common good land in reality.  Are we going to borrow millions to make a theatre that is free to go to?  If so, why don’t we just close the AECC and Lemon Tree and be done with them?

Who is responsible for joining up all these fuzzy, competing concepts – and why aren’t they actually doing it?

  • The land and all the facilities will remain in the ownership of the City of Aberdeen and its citizens.  

Oh yes, we’ll still own it – but better, wiser, richer people will control it.  You might own it – but try going to a concert for free or getting one of the 25-30 car parking spaces free.  There is every possibility that one private entity or another (why does the two-person Aberdeen City Gardens Trust spring to my mind?) will get a very long lease at a very low rate.  In terms of ownership, ‘possession is 9/10 of the law’.

4. Union Terrace Gardens will be turned into a giant car park – FALSE.

I don’t know where our friends picked up this ‘myth’  – I’ve not heard it.  But there you go.

Parking is at a premium in the city and while many people would indeed wish to see more car-parking in the centre, it will not be in the City Garden. There will be between 25 and 30 underground parking spaces to service the new development.  Old Susannah is no mathematical genius like the ones who work out our city’s budgets; but if we are putting in a 5,000 seat venue and a smaller venue in a city centre already pressured for car parking spaces, then I predict some car parking and car congestion problems.  Wild conclusion I know.

However, if there are 30 underground spaces, they will still need ventilation.  Nothing like that is shown on the plans I’ve seen yet.  But back to the maths.  If we have 5,000 people going to see a Robbie Williams tribute act in the brand new space and 30 parking spaces available at the venue, there just might be a little bit of an issue.

That nice Mr Milne (owner of Triple Kirks – soon to be developed, Chair of ACSEF, one of the anonymity-seeking businesspeople behind the beautiful Vote for the City Gardens Project…) seems to need some car parking space for his beautiful glass box offices which will be adjacent to this great ‘non-commercial’ granite web.  I guess the 30 spaces will take care of that nicely.  Either that, or there will be more than 30 spaces.  A lot more.

As I posted on Facebook this week, it comes down to these points (leaving out the environmental carnage and the Common Good Status, that is):

  • 1. Is TIF a tried and tested financial model in the UK? Not yet.
  • 2. Do we know exactly what this project will cost? No – because the scope is unknown and ever-changing. That is one of the main flaws with Edinburgh’s trams scheme – it kept changing – and now we are looking at nearly one billion cost for it.
  • 3. Is the design fully fleshed out enough for anyone who supports it to fully explain the engineering (vents, how will trees – esp. pines grow, how will ramps be made safe, etc)? No.
  • 4. As the taxpayer is already propping up entertainment venues with tax money, venues that cannot survive without financial aid, does it make any financial sense to create venues to compete with them? No.

So – if you’re not sure about any of these points  – and who is? – then maybe we should not rush into anything.

Aberdeen College Students Bite Back Against Austerity

 Aberdeen City, Articles, Community, Information, Opinion  No Responses »
Dec 162011
 

On Wednesday 14th December, Aberdeen College Students Association staged a protest outside the Loch Street entrance of Aberdeen College’s Gallowgate centre  as a fight back against education cuts.  As it stands there will be a reduction of 20% in college budgets in Scotland over the next three years.  Patrick Neville reports.

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The damage caused by these reductions will result in catastrophic cut backs that will directly affect colleges. These cuts have a high probability of affecting student financial support, staff jobs and classroom resources and for some colleges may cause course closures and forced mergers. If it is financial support that is affected then students from poorer backgrounds will face another barrier to progress through education and will be segregated from the rest of the students.

College education must be a priority in the budget. Colleges in Scotland serve as a medium for people of all ages and backgrounds to access further education.

With less access to college education, hopes for people to successfully be able to find future employment or develop the skills necessary for their lives are at serious risk.

Lani Baird, President of Aberdeen College Students’ Association, said:

 “The level of cuts the Government are suggesting that colleges should endure is absolutely outrageous. The damage caused by these reductions could result in catastrophic cut backs resulting in a cut to student support, staff jobs and classroom resources. For some colleges these cuts could result in course closures and forced mergers. If there were efficiency savings to be made at Aberdeen College they have been made, if there was fat to be trimmed it’s been done.

“If financial support is affected, the poorest students will be the worst hit and risk becoming alienated from education. When there is less access to college education for our community, the hopes for people to find employment or develop the skills necessary to improve their lives are put at serious risk. This further cutback will have a damaging impact on students in the North East and the Scottish Government need to take their head out of the sand and do something about it.

“We are calling on all North East MSPs to protect our colleges and the future of thousands of students. Colleges in Scotland serve as a medium for people of all ages to access education that helps enable them to work. MSPs must make protecting college education a priority in the budget.”

The National Union of Students (NUS) Scotland has begun spearheading a campaign on the matter titled “Our Future Our Fight” which is open to the Scottish public to participate in. A petition has been set up at http://www.ourfutureourfight.org/ which enables Scottish residents to sign their name in support of protecting college education. By signing the petition, a letter will be sent out on the senders behalf to their regional MP’s and MSP’s with additional room to add your own comments on the matter.

Please note that if you sign the petition, you should expect to receive an email back from your representatives.

City Garden Project Bogged Down In A Procedural Mess

 Aberdeen City, Articles, Community, Environment, Featured, Information, News  No Responses »
Nov 102011
 

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By Mike Shepherd.

The next big event in the Union Terrace Gardens saga is the meeting of a Council sub-committee on Tuesday 15 November to discuss the holding of a public referendum on whether or not the City Garden Project should proceed.
Given events to date, it is not surprising that the  report for this meeting is proving highly controversial.

An eye-catching statement in the report  is that the referendum should be non-binding on Councillors. The report itself identifies an obvious problem here:

“Since the referendum has been proposed as a mechanism for advising Councillors, it should be non-binding. However, it must be recognised that this runs the risk of compromising the credibility of the referendum exercise.”

This was put more forcibly by Ron Campbell in a letter to The Press and Journal on Wednesday 9 November. Suggesting that this left open the
possibility that the project could go ahead even if voted against by the majority, he wrote,

“So, it’s just a re-run of the previous ‘poll’. Heads you lose, Tails you lose. Brilliant. What’s the point of  a referendum if you ignore it?”

The report suggests that the reason for the non-binding clause is that there could be conflict with the planning process. What this conflict could be is not clear.

Councillor Kate Dean had a go at explaining this on Facebook,

“It’s not appropriate for me to go into detailed discussion of a Committee report before it is considered by the Committee. However, the problems would arise if the referendum says yes and the resultant Planning Application doesn’t meet the appropriate criteria to be approved.

“Or, if the referendum says yes, would there be a public expectation that the application would be approved regardless of its planning merits? Or would there be a perception among those who would be aggrieved at a “yes” vote that this would happen?

“Please note, I’m not giving any opinion on the answers to any of the above, simply a flavour if the advice which has led to that  recommendation.

“Obviously, if the result of the referendum is a “no”, none of these scenarios applies, but surely it would be unwise of the Council to go into anything without exploring the implications of all possible outcomes.”

Somebody on Facebook suggested that you could get round this by making a Keep UTG ‘yes’ vote binding, but the build the City Garden ‘yes’ vote, non-binding.

The credibility of the referendum is clearly an issue. Another concern is that the question asked could be rigged to create a psychological bias. The suggested question in the report is,

“Please indicate whether or not you support redevelopment of  Union Terrace Gardens, in accordance with the Aberdeen City Garden Trust Ltd’s preferred design proposal, by ticking one of the following boxes:

YES, I support the proposed City Garden Project

NO, I want to retain the existing Union  Terrace Gardens”

There is definite bias in this question. The City Garden Project is the positive option, retaining the existing Gardens is the negative option. It should also be mentioned that neither side actually wants to maintain the status quo. The Friends of Union Terrace Gardens would like to see a sympathetically-restored park.

The report mentions that the wording will be up for public discussion; however the Council has the final choice on wording.

“The proposed wording for any ballot paper be placed on the Council’s website for a period of at least two weeks, so the public have a chance to comment on this, or propose alternatives. The Council would take account of these comments before determining the final question.”

There are good reasons for the Council not to oversee the referendum. The Council report itself indicates clear support for the City Garden Project describing it as “a vital piece of social, cultural and leisure infrastructure”. This is not impartial. The alternative is that the referendum should be run or overseen by the Electoral Commission.

One of the reasons for holding a referendum, probably in late February, is that the Scottish Government has made it clear that TIF funding will not be progressed unless public support has been demonstrated for the City Garden Project.

In a further development, the criteria by which Aberdeen‘s TIF case has been assessed is also under question. An article in last week’s Sunday Herald (6 November 2011) questioned the criteria for including Aberdeen as an additional case, after awarding the three remaining TIF schemes.

“In an interview with the Sunday Herald, the Cabinet Secretary declined to say whether it scored fourth on the SFTs list, stoking speculation that it was moved ahead of other projects for political reasons. If Aberdeen did not come fourth on the list, the council that did is likely to be disappointed to have been turned down.” 

Alex Neil said,

“We are not disclosing the ranking because the SFT’s advice was based on the narrower economic conditions, whereas we then applied other criteria, primarily a geographic spread because it would be unfair to concentrate the TIFs in one part of the country.   We are not getting into publishing ranking tables at this stage.”

The idea of a geographic spread for the TIF cases is inconsistent with previous statements. The Government web page makes the position on TIF clear:

“The Scottish Government tasked the Scottish Futures Trust (SFT) with developing appropriate criteria for the potential application of TIF in Scotland and to work with local authorities in developing their proposals. SFT will need to be convinced, on behalf of Ministers, that the economic case for a particular TIF is clear.”

One other problem for TIF is that Councillors have stated that any loan through TIF should involve no financial risk to the Council. The problem with this was highlighted in a Holyrood Magazine report on TIF:

“Councillors have also insisted that the project must pose “zero risk” to the city’s finances. That is an additional hurdle, admits Brough, but it also acts as a litmus test for the viability of the scheme.

“If we can get someone to provide that guarantee, our business case is solid; if we can’t convince someone to underwrite the risk, then it’s too big a risk,” he says.”

One can’t help feeling that the City Garden Project has turned into a murky, political and economic quagmire. If it’s bogged down in a procedural mess, it’s arguably a consequence of ignoring the vote on the public consultation two years ago.

Debt Culture And The Need For A New Direction

 Articles, Environment, Featured, History, Opinion  No Responses »
Oct 282011
 

Jonathan Hamilton Russell discusses what he feels are the problems facing society today and how we could potentially solve them.

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The culture and economics of greed and reckless speculation linked to ever increasing debt has left the world economy on the brink of collapse.  It is the vulnerable elderly, those with various disabilities and the young that are the most affected.
We have seen across the world an increasing gap between rich and poor and large numbers of young people being unemployed or at best taking work not linked to their training.

Yet the solutions to our problems have included little in relation to redistribution of wealth.

The poor if given more money are much more likely to spend than the rich and this in itself would help in getting us out of recession. The rich have gained from the good times and as such they should also take the responsibility and pay their debt to society now we are in crisis. To this affect there needs to be increased taxes at the top and tightening up of legal and illegal tax loop holes.

John Kenneth Galbraith possibly the most famous and respected Economist of all time talking about the 1930’s recession mentioned two main factors that caused the 30’s crash –  increasing disparities of wealth, and lack of Economic intelligence.

More recently Steve Keen an Australian Economics Professor who predicted the present world financial collapse has identified the main reason for the collapse in the 30’s and now, as high levels of debt.

These debts are much worse now than in the 1930’s.

He thinks the financial bailouts will make the situation worse as we will have even more debt to pay off leading to a spiral of decline and to the potential collapse in the world economy.

Yet the solution so far has been to throw more money at bad debt rather than investing in public infrastructure and future employment as was done in the 30’s. As part of this we also need to be investing in green technologies and insulation of houses to help reduce the increasing costs of energy, which again affect mostly those at the bottom end of society. This in turn would create more employment.

More power to those protesting outside Wall Street but also spreading to other cities in the United States and across the world including Glasgow, Edinburgh and London.

Image credits:
 GAMBLING DEBT © Dana Bartekoske Heinemann | Dreamstime.com 
 CHEAP HOUSE © Franz Pfluegl | Dreamstime.com

The Illusion Of Choice In Aberdeen

 Aberdeen City, Articles, Community, Featured, Information, Opinion  No Responses »
Oct 212011
 

Last week Chicho Sanchez  spent a few days analysing the data from the recently published report on tax havens by ActionAid UK. Here he shares his findings with Voice readers.

whitelightpic
The figures, published in the Guardian, show that 98% of the FTSE100 have subsidiary companies in tax havens.

While this is not illegal and is not directly an admission of tax avoidance, it gives us a glimpse behind the thick curtain of big business and has confirmed to many their suspicions about multi-national corporations.

However, during those few days I began to realise something else…that the claim “Capitalism creates more choice than ever before[1]” is an illusion.

It is an Illusion of Choice.

I began to map out where the FTSE100 were operating in Aberdeen and how often we, as members of the public, come into contact with companies from the index. Parent Companies are in red and in brackets.

Carola is visiting Aberdeen for the weekend.

She arrives on the P&O (Carnival Group) Ferry from the Islands  She is staying at the Premier Inn (Whitbread Plc) on North West Street opposite the Lemon Tree. She had looked at the Holiday Inn (Intercontinental Hotels Group) on Chapel Street but it was full. In the morning, she goes to the centre to via the Bon Accord and St. Nicholas Centres (50% Land Securities Group – 50% British Land plc). She stops in the Bon Accord Centre for a coffee at Costa Coffee (Whitbread Plc) and checks her emails on her (Vodafone) mobile phone using the wi-fi perhaps provided by (BT).

As she strolls through the St. Nicholas centre (50% Land Securities Group – 50% British Land plc) she stops to look at the clothes in the window of Next (Next Group). She leaves and stops in WHSmiths (FTSE250) to buy a Financial Times (Pearson Plc) and a copy of ‘A Tale of Two Cities’ published by Penguin (Pearson Plc) for some bed time reading.

It’s a typical day in Aberdeen. Cold and wet, Carola vows to stay indoors as much as possible. She hears about the new Union Square Shopping Centre (Hammerson Plc) and decides to visit the attraction. There she finds Marks and Spencers (Marks and Spencer Group) selling all manner of goods.  After a while she heads back to Union Street where she withdraws money from the Barclays (Barclays Bank Plc) cash machine on Union Street .

Feeling the beginnings of a head cold coming on she makes her way to Boots where she buys some Nurofen (Reckitt Benckiser), some Strepsils (Reckitt Benckiser), Beechams (Glaxosmithklein) and a bottle of Lucozade (Glaxosmithklein) for energy. She wonders across to Union Terrace Gardens where she meets a group of protesters conducting a tour of the city’s underbelly. She joins the tour and learns of Ian Wood’s (John Wood Group Plc) ‘vision’ for the Gardens. She leaves at the end of the tour and heads back to her warm hotel for a rest. The energy for the hotel might be provided by SSE (formerly Scottish and Southern Energy).

Before bed she has a Grolsch (SabMiller Plc) in the bar and a cigarette containing Golden Virginia Tobacco (Imperial Tobacco) rolled in Rizla papers (Imperial Tobacco). She has a quick shower and washes her hair with the L’Oreal (Bottled by Rexam Plc) shampoo she bought at the Airport and dries herself with a towel perhaps washed in Vanish (Reckitt Benckiser). Feeling clean and happy she hits the hay.

Brenda is a mother who works part time for Tesco (Tesco Plc). She has 4 children and lives in Garthdee. Her Husband George works for (BP) in Dyce. On Tuesday afternoons she goes to Sainsburys (J Sainsburys Plc) next to B&Q (Kingfisher Plc). Her shopping list is as follows –

Food and Drinks

Blue Dragon Stir Fry Sauce (Associated British Foods Plc)
Jordans Cereals (Associated British Foods Plc)
Kingsmill Bread (Associated British Foods Plc)
Ovaltine (Associated British Foods Plc)
Patak’s Curry Sauce (Associated British Foods Plc)
Ryvita (Associated British Foods Plc)
Silver Spoon Sugar (Associated British Foods Plc)
Nambarrie Tea (Associated British Foods Plc)
Guiness (Diageo)
Lagavulin Whisky (Diageo)
Smirnoff Vodka (Diageo)
Blossom Hill Wine (Diageo)
Ben and Jerry’s Ice Cream (Unilever)
Vienetta (Unilever)
Hellman’s Mayonnaise (Unilever)
Flora margarine (Unilever)
Knorr Stock Cubes (Unilever)
Marmite (Unilever)
Pot Noodles (Unilever)
Slim Fast (Unilever)
Peperami (Unilever)

Household Goods

Air Wick (Reckitt Benckiser)
CillitBANG (Reckitt Benckiser)
Clearasil (Reckitt Benckiser)
Dettol (Reckitt Benckiser)
Durex (Reckitt Benckiser)
E45 cream (Reckitt Benckiser)
Finish washing powder (Reckitt Benckiser)
Gaviscon (Reckitt Benckiser)
Nurofen (Reckitt Benckiser)
Brylcreem hair product (Unilever)
Dove Soap (Unilever)
Impulse Deodorant (Unilever)
Lynx Deodorant (Unilever)
Radox Bath Soap (Unilever)
Timotei Shampoo (Unilever)
Vaseline (Unilever)

On leaving Sainsburys she stops at the Kiosk to buy George’s magazines. He likes The Economist(50% owned by Pearson Plc) and the New Scientist (Reed Elsevier). She buys their weekly nicotine ration in the form of Lambert and Butler (Imperial Tobacco) and Windsor Blue (Imperial Tobacco) and drives home.

It’s an Illusion.

Whatever is bought in the mainstream world is bought from the FTSE100, the DAX, the Dow Jones, the Nikkei 225 etc…There is no real choice under the current economic system.

This economic system is based on exploitation of humans, ecocide, and perpetual inequality. It is broken and it is time we looked at building a society without private property and hierarchy (not possessions like houses, tools etc. but estates, reservoirs, intellectual property and the like) based on equality, tolerance, justice and participatory democracy.

Attached is a breakdown of the FTSE100 companies present in Aberdeen and the number of Subsidiaries each maintains in tax havens.
https://aberdeenvoice.com/2010/10/companies-present-in-aberdeen-tax-havens/ 

Source – 1 http://listverse.com/2010/12/24/top-10-greatest-benefits-of-capitalism/

Image Credits:
GEOMETRIC RAINBOW PATTERN BACKGROUND 1 WALLPAPER © Nlizer | Dreamstime.com
GO TOWARDS THE LIGHT! © Kirsty Pargeter | Dreamstime.com 

OS No. 54 – Vermin, Parasites, And “Cultural” Spaces

 Aberdeen City, Articles, Community, Creative Writing, Environment, Information, Opinion, Satire and Humour  No Responses »
Oct 132011
 

Old Susannah looks back at the week that was and wonders who’s up to what and why. By Suzanne Kelly.

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Old Susannah is having trouble sleeping at the moment for several reasons. Firstly, there is the sheer excitement over the UTG design competition – which design will I fall in love with?  What will be built that will make the world beat a path to Aberdeen for coffee, baguettes and monorail rides? Will Paris, New York and Rome empty as people come to Union Square and the new UTG?
Secondly, I am worried about Ms Aileen ‘Homalone’ who has dropped out of the public eye, and refuses (to date) to answer questions about the finances needed for the phase 2 attempt to plant trees on Tullos, and the money to shoot those extremely hungry deer.  It looks as if there isn’t any money, but no one’s talking to the public just now.

I did email to say ‘C’mon Aileen’ – and she replied that ‘an officer (if not a gentleman) would get back to me’.

I gently reminded Homalone that she had at least a little responsibility for the scheme to rid Tullos of vermin deer and plant 89,000 trees where trees had failed before, as she’d taken a wee bit of the public relations credit for this great scheme to begin with.  I expect as soon as she turns her razor-sharp mind to the task of analysing all the facts and figures regarding the tree planting, deer and slaughter, she’ll revert to me asap.

I don’t think I’ll hold my breath though.

You may recall the deer are under the death sentence because we must be cheap when using ‘the public purse,’ and Aileen being a good Lib Dem can’t stand any waste of public money.  Quite right.

No such restrictions apply to buying crucial carriage clocks and expensive pens from the Common Good Fund.  

If you are in Inverness, you have to apply to use the common good fund there, and a committee decides if your charity should get a bit of the fund. They seem to have helped quite a number of deserving causes, and the application procedure is the same for the rich and the poor, believe it or not.  It is not quite as easy to get a handle on who has their fingers on Aberdeen’s CGF sporran strings. But I digress – again.

Thirdly, I can’t sleep now that I know it’s OK to shoot small mammals and birds on Tullos Hill whenever you want – you just need a permit and the right kind of gun. I am amazed that no one’s been shot there yet. I am also amazed that people still like to hunt living things, but I guess I need to acknowledge that the law allows this.

So do keep walking on Tullos, but keep in mind bullets can travel long distances, and wear your bright clothes and your bulletproof vest.  And for goodness sake, don’t wear any of those novelty deer antler headbands.

Vermin:

(noun) 1. insects such as lice, ticks or fleas (or the more fashionable bedbugs plaguing New York at present) which can lead to infestations. 2. birds and mammals that eat other animals / game. 3. animals which are after the same food as people or domestic animals (How dare they!).

The police sent me some detailed answers about the gunman spotted on Tullos Hill in early September after I did one of my little FOI requests.  The hunter would not legally have been after the roe deer – but the police made it clear that such ‘sportspeople’ are allowed to shoot ‘vermin’. The police definition of what constitutes vermin seems to include deer. So the next time you and a roe deer are trying to nibble the same 2,000 trees, just kill it – as long as you have a permit and are using the right kind of bullets and rifle.  Result!

But if the deer aren’t after the same quarter-pounder you want, and the squirrels (red, black, grey – I don’t discriminate) aren’t after your chocolate shake – then are they really vermin? The vermin label put on these wild animals justifies the gamekeeper poisoning the birds of prey, the snare-setter (snares are still legal for some reason) who kills indiscriminately, and the council targeting the Tullos Hill deer.

Speaking of the council (well some of them anyway), I’d best move to another definition before someone comes gunning for me.  And for some reason, a related word comes to mind now that I’ve mentioned our City Council.

Parasite:

(noun – English ) an insect or other creature which feeds off of a host animal to the host’s detriment. 

Let’s consider bloodsuckers, worms, leeches and ticks. These are some of the parasitic vermin infesting your city council. You do have the right ammo to despatch them – or at least you will come May elections with your vote. The parasites in question feed of resources such as The Common Good Fund, Council Taxes and all-expense paid hospitality.

Like a swarm of locusts, they descend on areas such as the AECC and the Beach Ballroom if so much as a free sandwich can be had.  Parasites such as these are notoriously thirsty, and can empty cases of drink in nanoseconds.

Do not get too close to such creatures – they may well carry disease.  Do instead hide your money (offshore if possible), and guard any green spaces, which these parasites can easily destroy if not kept in check.

“Cultural” spaces:

(noun, English Modern) a wholly new concept of “space” where “Cultural” “events” can take place.  Not to be confused with existing businesses or arenas and spaces they have for cultural events.

If it’s not hard enough for me to get any sleep with everything else going on, the Evening Express told us on 8 October that there is a ‘plan’ to attract ‘top performers (!)’ to Aberdeen.  This brand-new idea, never before attempted, would see the ‘proposed new park over (?!!) Union Terrace Gardens’ filled with “cultural” spaces.  (By the way, the quotes around the word “cultural” appear in the Evening Express piece on this subject, so I’d better leave them in).

“Culture” of course is something that we people not in ACC, ACSEF, or SEG can’t really appreciate or understand.  ( Remember – Stewart  Spence, stalwart of the Marcliffe wrote to the P&J last week to call people opposed to these great new plans ‘NIMBYS and luddites’.  Who can argue with him?).

The AECC – long propped up by the taxpayer – and the Lemon Tree (likewise on a taxpayer sub) have never attempted to bring Top Performers here before.  Likewise none of the independently-owned  bars and clubs (not supported by taxpayers by the way) have tried this either.  Some years ago I got my hopes very high about Top Performers coming here, but in the end, Geri Haliwell had to pull out of doing the AECC.

Now in another guise, Scottish Enterprise might not really be permitted to shell out large amounts of taxpayer cash to create “cultural” spaces if these new inventions borne of taxpayer money would compete with already-existing public funded and/or private spaces. 

But the story with UTG is different somehow – kind of like when Scottish Enterprise took the money the Arts Council had earmarked for Peacock (who had wanted to , er, create a “cultural” space in UTG first).  Hmm – I must remember to soon define ‘intellectual property’, ‘copyright’, ‘lawsuit’ and ‘moral rights’.

I for one am happy to subsidise the AECC directly and indirectly (the City Council somehow needs to rent large amounts of office space at the AECC despite its large roster of properties) as well as subsidise the other city-owned venues AND find some 140 million towards yet another “cultural” space under/in/over  Union Terrace Gardens.  And if the private sector of the music/entertainment industry in Aberdeen can’t compete, then that’s just showbusiness.

We are in a democracy after all – the richest amongst us get to either be on boards or appoint boards to do what they want done with public spaces – all in the name of “culture”. 

If we don’t ‘get it’, then we are indeed the NIMBYS and luddites Spency thinks we all are.  I shall remember his words when I next book a dinner or a hotel.

Those who oppose the UTG project (not that it is defined yet – not even Old Susannah could do that if the city can’t) will be laughing out of the other side of their faces when I’m having a large latte before Toto opens up for Geri Haliwell near the monorail at the Wood memorial car park “cultural” space centre.  So there.  Gives those luddites something to think about doesn’t it?

I have to digress again – it is because some of us can’t understand how wonderful the whole project is that we oppose it.  It is all crystal clear, but here is a little helpful guide as to who’s doing what about our “culture” space / UTG project.  Here is my little luddites guide to the simple way things work

1.  Locum Consultants – apparently a part of the Collier Group – have been hired to ‘find uses’ for ‘some kind of performance and exhibition space’ created by the UTG project.  Appointed (by whom I don’t know).

(By the way I can find a ‘Locum Consultants’ in Surrey and a ‘Collier International’ in Manchester.  Unless there are companies with those names in Scotland, I guess no one here was up to the job of filling the “cultural” space.  I could be wrong, I could be right).

2.  The Aberdeen City Gardens Trust (ACGT) – works on ‘how to use “cultural” spaces inside (?!!) the proposed new park over Union Terrace  Gardens’.  Unelected.  (This seems to be a “Private, Limited by guarantee, no share capital, use of  ‘Limited’ exemption” kind of an affair – which makes sense as the Taxpayer is paying for it at least in part, and it will be involved in the future of a public asset.  Result!)  Or in words a child could understand – taken from the website:  http://thecitygardenproject.com/news

“Aberdeen City Gardens Trust has been set up, under the auspices of the City Garden Project management board, as a special purpose vehicle to channel funding for the project and deliver key activities within the project plan. The Trust will operate using best practice procurement procedures and will be accountable for the delivery of activities to project management board.

“The Trust will also receive £375,000 of Scottish Enterprise funding from its available funds for major infrastructure projects.

“Cllr John Stewart, chairman of the City Garden Project management board, said: “The fact that Aberdeen City Council is making no revenue contribution to the project means it is necessary to be imaginative in the way in which non-council finance levered into the project is managed. The creation of the Trust presents us with an ideal solution. Equally, it will allow for contracting of the required services involved in the next steps and for the project to progress to the design competition stage and complete the business case for the TIF application. Through the TIF we will be to access funding not otherwise available to invest in the art gallery and the St Nicholas House site, enhancing and reinvigorating our city centre.”

“The founding directors of the Trust are Tom Smith and Colin Crosby who will be joined by Directors from Aberdeen City Council and others involved in the project in due course”.

3.  The City Gardens Monitoring Group – exists to hide its doings and to  decide that the public should not vote on the option of leaving the gardens as they are in the current design competition for the 6 finalists (chosen by an unelected group and guaranteed loads of dosh for getting this far).  The Group redacted its minutes to the point you had no idea who was in it (unless you cut and pasted the redacted text and found none other than Aileen Malone was involved).  Unelected.

But for those of you still not clear, here is an excerpt of who’s who and who’s doing what where from our City’s very own website:  http://www.aberdeencity.gov.uk/

“The membership of the Project Monitoring Group comprises Councillors Malone (Chair), Boulton, McDonald, Kirsty West, Wisely, Young and Yuill.

“For reference, the membership of the City Garden Project Management Board comprises Councillor John Stewart (Chair), Councillor Callum McCaig and Valerie Watts, ACC; Tom Smith and Colin Crosby, ACSEF; Jennifer Craw, the Wood Family Trust; Bob Collier, Aberdeen and Grampian Chamber of Commerce; John Michie, Aberdeen City Centre Association; Lavina Massie, the Aberdeen City Alliance, Maggie McGinlay, Scottish Enterprise and Paul Harris, Gray’s School of Art.

“The membership of the Project Implementation Team comprises Tom Smith (Chair), Colin Crosby and John Michie, ACSEF; Gerry Brough, Hugh Murdoch and Patricia Cassidy, ACC; Jennifer Craw, the Wood Family Trust; Maggie McGinlay, Scottish Enterprise; Derick Murray, Nestrans; Audrey Laidlaw, Network Rail and Iain Munro, Creative Scotland”.

This diverse membership of people with no vested interests in the project going ahead or not will reassure us all.  But somehow, I still can’t get any sleep.

4.  Malcolm Reading – a design consultancy which shortlisted the winning entries in the design competiton, an amazing feat, as there was and is no design brief in existence approved by ACC.  What Malcolm Reading will earn is unknown; how exactly it was appointed is also a mystery to me.

5.  The BIG Partnership – a PR consultancy which tells us how great it all is going to be.  I don’t know how they were appointed or what they will earn. (not to be confused with ‘The Big Sleep’.)  STOP PRESS:  The BIG Partnership has recently announced a new client:  The Wood Family Trust.

6.  ACSEF – A board of business people and city officials who, well, do what they like.  Includes one impartial Mr S Milne.  Known for issuing warning as to dire consequences for Aberdeen if we don’t build on the garden.  ACSEF is an invention of ACC, and funded at least in part by the public purse which we are all so keen to use sparingly.

7.  Genus Loci – a document produced supporting ideas for the Garden’s future as long as these don’t include a garden for the future.  Famous for proposing the monorail idea.

8.  Scottish Enterprise – a quango, unelected, on a mere £750 million or so per year which holds meetings, and supplies members to sit on the board of ACSEF, and who gave the world Jennifer Craw, now on the Wood Family Trust.  Which of course has a seat or seats on the secretive City Gardens Monitoring Group – or was it the Aberdeen City Gardens Trust.  Unelected and expensive.

9.  Wood Family Trust – er, apparently the wood family and/or friends who want to get rid of the wood in the gardens apparently, for “cultural” spaces.  Apparently not elected.  This Trust has possibly one or two overlapping areas with some of these other groups,  maybe.

10.  Project Implementation Team – are on hand to implement the project whether or not the public want them to.

Now that you see how simple it all is, I trust that there will be no more whining about the expense of paying all these companies off, signing a lease for a few thousand years for the gardens, or whinging about issues of ‘transparency’.

As that little Meerkat person on TV would say, ‘Simples’.

I was going to define ‘Impartiality’ this week as well, and how it relates to TIF, BID, and so on.  However, I now have a headache for some reason, and there is a knock on my door which may be the sherrif coming for my furniture.  ‘Impartiality’ it is for next week then.  And ‘Old Boys’ Network’, ‘Nepotism’ and ‘Greed’.

Good night all.

Three Cheers For ACC – Deer Cull On Hold! (Oh Really?)

 Aberdeen City, Articles, Community, Environment, Featured, Information, Opinion  No Responses »
Oct 012011
 

Three Cheers for Aberdeen City Council!  The Cull is on Hold!  Or so you might think if you glanced at a headline in tonight’s Evening Express. Voice’s Suzanne Kelly writes.

deer5pic
Several people on the anti-cull e-mailing lists have seen these headlines and written to say how happy they are the deer are safe.
‘Thank goodness, we can all forget about the cull and get back to business as usual’.

But what is the truth behind this and other media stories, and what is the truth? Conflicting information is  leaking out of Marischal College like a particularly leaky sieve.

There has been Council and anti-cull advertising.  There have been stories in the Press & Journal and the Evening Express, quoting experts and animal organisations.

The City has unnamed officers making statements, and city rangers apparently say that community councils are now OK with the cull.  It is time to look behind the headlines, read between the lines of the propaganda, and challenge what the city and rangers are saying.

First, let’s look at the last few weeks’ worth of media advertising.

In terms of advertising, you may have seen the anti-cull ads which were paid for by Animal Concern; these ran in the Evening Express and the Aberdeen Citizen. These quarter-page colour ads spelled out the logical reasons for opposing the cull.

Aberdeen City meanwhile took out a four-page, full colour supplement in the Aberdeen Citizen on 7 September. This for the average person would have cost at least a thousand pounds; it would be of interest to find out what the City spends on this and similar advertising in these service-cutting, low budget days.  This pull-out was to tell you how green and ecologically-minded the City is.

A portion of this supplement (approximately a third of a page in size) concerned the deer cull. Or as the City prefers to call it, the ‘City Woodlands.’ The ad says nothing about a deer cull, but calls on schools and small businesses to help plant the trees. The reader is directed to contact Ian Tallboys for further information. Businesses are told that the scheme can help:

“as part of their overall carbon management work. This will reduce the impact of their greenhouse gas emissions.”

The ad also says:

“The tree planting work will start in early 2012, ground and weather conditions permitting.”

And apparently:

 “planning of the second phase of tree for every citizen planting is almost complete, with funding applications in place.”

This is being tied to the Queen’s Diamond Jubilee, and the woodland sites are selected:

 “to provide a living, breathing legacy and tribute to her Majesty the Queen”

There is a very good reason I have bored my readers with these details. Firstly – we already have a ‘living, breathing legacy’ on Tullos Hill. We have a diverse ecosystem supporting a vast variety of flora and fauna. We are going to kill our existing living, breathing legacy because some politicians (Cllr Malone for one) decided to do so.

If you read this ad, you would know nothing about the proposed deer cull. You might also conclude that some substantial carbon offsetting benefits had been expected in order that the City felt comfortable telling businesses the scheme would benefit them in this regard. The calculations I have previously reported, the information from animal charities, and common sense tell us that the benefits are negligible.

For one thing, we are apparently having a 21,000 seat, glow-in-the-dark football stadium built fairly close to the south of Tullos Hill with houses, offices and 1400 parking spaces. I challenge anyone to tell me that the Tullos tree scheme will offset this stadium to any meaningful degree.

It seems straightforward:  planting will go ahead, as funding applications are in place and the City’s own advertising says that planting starts in early 2012.  However, up crops some issues with what I must loosely call ‘journalism’ appearing in the Press & Journal and Evening Express.

Going back to the earlier part of his week, P&J articles advised that protestors were going to stand in front of guns.  You will have seen quotes apparently from the British Deer Society and Chris Packham saying deer culls are necessary.  These experts and their support of culls appear alongside direct quotes from my asking that:

“the city must come up with a better plan and halt this senseless cull.”

If you read these articles quickly or casually, you could easily come to the conclusion that Chris Packham and the British Deer Society support this specific Tullos cull.  At the time of writing, I have made initial contact with Packham’s agent and the Deer Society:  neither were able to confirm they had been contacted on the specific Tullos case.

In fact, both parties were interested to hear what I had to say about the history of this whole scheme.  When they get back to me, I will update everyone.

I had also given the P&J a detailed press release spelling out the major flaws in the public consultation, the opinion of the Scottish SPCA, and so on.  Not a word of this side of the story appears in print.

So – when is the cull?

The police are not saying.  The City is however saying something different to everyone who asks.  Today, 1 October, the Press & Journal have asserted the cull may be delayed by two weeks for financial reasons.,  In the 29 September Press & Journal article:

“a [City Council] spokeswoman said that Saturday was the earliest date in the hunting season that deer management can take place.  However, any such activity would be subject to weather conditions and the availability of staff, she added.”

By the way, the City have said they don’t need to give anyone any notice and can put gunmen on the hill at will.  People who understand arms, guns and hunting tell me bullets can travel very considerable distances (this is not to mention the damage and sheer agony they cause to anything that is shot).  So, we will either be suddenly excluded from the hill for the gunman/men to get killing, or they will shoot with us present.

Neighbouring residents in homes and trailer parks were appalled  and worried when I spoke to them earlier this week.  Two men told me they feed the deer in winter, and the deer are veritably tame.  Another man told me a similar story over the phone; he is distraught that the deer he has watched and fed for decades are to be shot for non-existent trees.  No one I contacted has been warned of shooters coming to the hill at the time of writing.

But I digress.  Now we come to the glaring Evening Express headline of Friday 30 September:

“DEER CULL OFF… FOR NOW”

The story on Page 5 has a headline fragment ‘move to protect trees’  which makes it seem as if this is the only way to protect trees.  We all by now know this is not the case.

Unfortunately, whoever the City’s ‘spokeswoman’ was on Thursday has been contradicted by a ‘city council spokesman’.  I guess it is true:  ’24 hours IS a long time in politics.’  The spokesman said:

“It takes time for money to filter through.  The long-term plan for tree-planting and the deer population haven’t changed.’  According to the Reporter, D Ewen, the spokesman added ‘..it could be months before the cull started.”

You might think an accurate headline would  have been ‘Deer Cull could be months away’ – not ‘Deer Cull Off – For Now’

If you are not yet sufficiently confused as to if/when a cull will take place and whether or not the tree scheme has the funding and business community support, someone else at the City has further muddied the waters.

A councillor has been told by yet another anonymous person that no cull will start until after the trees are planted, and that won’t happen for months.  Of all the oddball anonymous City leaks, this one takes some beating.  This calls for a brief diversion as to what we are actually looking at in terms of deer per tree sapling.

First, the Forestry Commission letter – sent by me to both the Press & Journal months ago, says the previous planting which cost the taxpayer £43,800 failed due to deer browing and weeds.  Yes, and weeds.  Somehow, the city and the P&J only mention the deer as being the cause of failure.  Weeding 89,000 trees sounds like quite a job to me – I do hope they have it all planned out.

The Evening Express do write:

“And the council had to hand over £43,831 paid out by Forestry commission Scotland after it failed to protect the trees in Tullos”

But other news reports seem to pin the entire failure of the previous planting on the deer alone.

The press inaccuracies go on and on.  For instance, ‘hundreds’ signed petitions according to the Evening Express.  The figure I supplied and can document is 2,400+, (not counting community councils which represent thousands more).

Speaking of community councils, one of our city rangers has put it about that the community councils are favouring the planting and the cull.  He surely must know this is inaccurate.  I will be seeking an immediate explanation and if necessary a retraction from him and an explanation – that’s if some of the community councils don’t beat me to it.  I have read many of the community council letters of protest to the city:  the community councils are not happy.

The press make little mention of how the deer cull was planned in November but left out of the phase 2 consultation (which in its mention of rabbit management made everyone I’ve spoken with assume rabbits were the only obstacle.  Why on earth mention rabbit fencing when you are planning to shoot deer – if not to get your consultation to sail past the public?).

If the City and the mainstream press wonder why people do not trust them to deliver facts about the cull now, they need look no further than this first initial manipulation.

The new maths

I pointed out the absurdity of the City’s need to cull the deer many times, including the initial plan for 40,000 trees.  This would have had the 29 deer all chomping some 1,379 tree saplings.  But the tree figure suddenly grew (no pun intended) to Ms Watt’s claim of some 89,000 trees.

This makes our tiny deer (which live 6-7 years on average) eating 3,068 trees each.  But the Council plan to kill some 9 deer this season (unless they have changed their collective mind again) – and continue killing for years to come.  Look at the figures again:  20 deer eating 40,000 trees is 2,000 trees per deer.  Those must be hungry deer, but they are as nothing compared to 20 deer eating 89,000 trees:  this calculates to a stag-gering (pun intended) 4,450 trees per deer on Tullos Hill.  Now this is food for thought.

But the press / city leaks don’t’ stop coming.

For some reason, most of the people telling us not to worry about any cull at present are anonymous. When the tree scheme was first announced, politicians and council officials were all very keen to get their names in the news – Aileen Malone said how great everything would be for one example.

If no funding is in place, then the council wasted some serious money on its full colour advertising in the Aberdeen Citizen earlier this month. It was saying how great the tree scheme was. The ad encouraged local schools to help plant trees, and told local businesses to help, implying that the C02 offsetting benefits could help with their C02 targets.

Why would they place this ad and ask for help and sponsorship if they didn’t have funding?

The hunting – or legal hunting – season is not a very long one; this further makes me question assertions that nothing will happen for months.  The initial SNH letter of November 2010 recommends careful ‘handling’ of the public’.  Do you have the feeling we’re being handled – and possibly mis-handled?

Who is telling the truth – the city spokeswoman who said the earliest the killing can start is Saturday 1 October, the City spokesman who indicated there is no funding in place and a cull won’t start soon, the claim that the cull is delayed by two weeks because of lack of funding, or the third anonymous city person who said the killing won’t start until the trees are planted?

I would dearly love to tell you the truth about the financials (have we hired a hunter?  What is the cost of the scheme from start to finish?  Why do some documents say there will be income from trees but other officials deny the same assertion?).  The fact is I asked for this information months ago – only for Valerie Watts to write back asking me to explain what I meant by ‘financials’. (in an email that mysteriously never got to me until I chased it about a month later).  I have looked for the truth and feel as if I have been deliberately misled.

When she finally answers me, I will update the position.

In any event, I would recommend everyone who cares about this issue to start spending as much time walking Tullos Hill as they can – wearing bright clothing obviously.  If you see a hunter, be safe and get away – but please then get in touch with the Aberdeen Voice straight away.

Please read news stories and listen to rumour with care. And please if you have time ask your community council and elected officials exactly what is going on.  I for one would absolutely love to know.

Something’s A Myth In The City Square

 Aberdeen City, Articles, Community, Environment, Featured, Information, Opinion  No Responses »
Sep 302011
 

utgbrochurepic
By Mike Shepherd. 

A document has appeared purporting to reveal and counter ‘myths’ about the proposed Union Terrace Gardens development.  It has been posted on the Aberdeen and Grampian Chamber of Commerce (AGCC) website.
Some of the claims are disingenuous and others stretch the idea of a ‘myth’ somewhat.

AGCC: “Fiction: This is Sir Ian Wood’s project. Fact: The City Garden is not and never has been Sir Ian Wood’s project.”

The City Square has always been seen as Sir Ian Wood’s project. Sir Ian announced his proposal at  HM Theatre in November 2008.  The Evening Express reported the launch with the headline;

“Options revealed in Sir Ian Wood’s vision for Union Terrace Gardens” EE13/11/08

The same article also states:

“The businessman wants to raise Aberdeen’s Union Terrace Gardens to street level and create a civic square.”

A media quote picked at random clearly shows that it has invariably been perceived as Sir Ian’s project.

“Back my vision for the city or lose £50m, Sir Ian warns” P&J 14/04/2010

So exactly whose vision is it then, Sir Ian?

“What is referred to as ‘my vision’ is in fact the vision, aspiration and hopes of many, many Aberdonians for the future economic and civic wellbeing of our city and region as North Sea oil winds down.” BBC20/4/10

Excuse me, I don’t think so.

AGCC:  “Fiction: The City Garden Project will destroy the only green space in the city. Fact: It will create new, bigger, greener and more attractive gardens. It is about gardens and open, distinct spaces on different levels, using the natural slopes, for all sorts of activities.”

The development will destroy the existing Gardens and according to the technical feasibility study, all 78 mature trees including the old elms will be chopped down. It is hard to accept that the new “City Garden” could ever support mature trees on the existing scale.

AGCC: “Fiction: It will destroy our history and heritage. Fact: Wherever possible, the project will preserve and enhance our history and heritage.”

This is the most disingenuous of all the ‘myths’ in the document.  The first draft of the design brief for the City Squarecalls for a …

“21st century contemporary garden”

…to be built in place of the Victorian park. Union Terrace Gardens was planned by Alexander Marshall Mackenzie, who also designed many of the surrounding buildings including the Art Gallery. If Union Terrace Gardens feel as if they belong, this is the reason why. The city square WILL destroy a key part of our history and heritage.

AGCC:  “Fiction: Aberdeen City Council is selling off public land for this project. Fact: The land involved will remain in public ownership.”

This is misleading as it doesn’t explain the whole picture. The land will most likely remain with the Council for the time being. However, the ground will probably be leased for a long period, 125 years has been suggested. A lease-hold on this time-scale while technically not ownership, is nevertheless a significant property deal.  Any structure on the land, including the so-called City Garden, will not be publically owned. This will belong to the private company or trust if they get planning permission.

AGCC: “Fiction: Aberdeen City Council is spending money it cannot afford on this project, money that could be better spent elsewhere. Fact: Aberdeen City Council has not allocated any revenue expenditure to the City Garden Project, over the past year.”

We know that considerable Council officer time has been allocated to work spent on the project. We do not know if the City Garden Project intends to reimburse the Council for this or not. ACC minutes show that the Council lawyers have not yet signed  off the relevant project agreement that would allow this to happen.

AGCC: “Fiction: The City will be taking on-board future liabilities relating to the construction and operation of the City Garden.  Fact: The City has agreed to consider a TIF scheme to provide public sector funding for the project. This will involve the City borrowing funds to invest in the project. The project will stimulate new business investment and generate additional extra economic activity in the area, resulting in an increase in the amount of business rates collected in future years. This will be used to repay the loan plus the interest charges.”

Doh! – “Fiction: The City will be taking on-board future liabilities” but then we are told “This will involve the City borrowing funds to invest in the project”.

The Council are £562M in debt and cannot afford any more borrowing for anything. As has been explained on these pages before by Mick Miller, the version of TIF suggested for the City Square Project involves major financial risk. If the amount of business rates does not increase sufficiently to pay back the loan, then the Council get left holding the baby.

AGCC: “Fiction: The majority of Aberdeen public has voted against redeveloping Union Terrace Gardens. Fact: 11,000 people (less than 10% of the population) participated in the public consultation which revealed that just over half were against the proposal. Many of those were basing their decision on misinformation. The majority indicated a need for change and for the location to be more attractive and accessible.”

This is probably the most outrageous of the so-called myths. A public consultation was held, the public voted No by a significant majority and it was ignored. The public were told that their votes would count. Even Sir Ian Wood acknowledged this in an interview as can be seen on an STV located on Youtube.

“”The citizens of Aberdeen…  will have the right to choose. There will be full consultation, it’s coming to the end of it now and they will decide. And that’s democracy in operation. That’s great.”
http://video.stv.tv/bc/news-l2-gardens-190210/?redirect=no

The scale of participation in the consultation was significant. ACSEF, who helped set up the consultation, noted:

“11,943 people went on to submit formal responses that have been recorded in the statistics.  This is a huge response rate when compared to similar style consultations. For example, the Edinburgh Tram consultation had just under 3,500 direct responses.”

When, later ACSEF discussed the results of the consultation at a board meeting onthe 22d March 2010, they discussed how to frame the result of the consultation as a favourable outcome for the city square in spite of the No vote:

“If views are roughly split there is an opportunity to say that although the public has spoken this is only in relatively small numbers.  Those wishing to see the status quo are in the minority compared to those who wish to see change such as updating and modernising the gardens.”
http://www.acsef.co.uk/uploads/reports/21/22%20March%2010.doc

The statement that the majority indicated a need for change is misleading, the majority said no to the City Square Project and did not endorse it.

If the public were misled during the consultation, who was responsible for the misinformation?  Where did these myths come from?

“It is now acknowledged by all involved that the absence of a reference design was a fundamental flaw in the consultation. The consultation asked if people supported the project or not but the common perception was that the conceptual illustrations, based on the technical study, represented a final design. Many based their decision on not liking what they believed was a final design.”
http://thecitygardenproject.com/background.asp

The proponents of the City Square do not accept that they lost the consultation fairly. They cannot believe that the public cogently preferred either the Peacock scheme or the preservation of the existing gardens to a modern city square. But this is what happened.

AGCC: “Fiction: It will be a flat, concrete square. Fact: This is not the case. The design teams have been given a very clear brief that new gardens and space which will have street level access from all four sides will use the existing topography of the site to provide a unique, dramatic and creatively landscaped setting to better reveal and blend with the surrounding historic architecture.”

OK guys, explain to me how you can ”raise the level of the Gardens to that of the surrounding streets” (the Council’s words not mine) and use the existing topography to any significant extent?  So where did the idea of a unique and dramatic setting come from?

Here is the description of the existing Gardens as noted in the City Centre Development Framework:

They have a “topography which provides a unique and dramatic setting for the surrounding historic townscape and bridges and an essential component of the identity of the City Centre. “

I suspect that this is just the start of a large PR campaign to sell the concept of the “City Garden Project” to the Aberdeen Public. It will have only a limited impact. Aberdonians are highly educated and can think for themselves. They can make their own mind up about what they want the city centre to look like, whether it is the existing Gardens or a city square at street level. They are smart enough to see what is plausible and what isn’t.

Deer Citizens…

 Aberdeen City, Articles, Community, Featured, Information, Opinion  No Responses »
Sep 222011
 

It’s the debate we weren’t supposed to hear, it seems, and there is suspicion that the full facts were held back from publication to Aberdeen residents. Public opposition to a controversial scheme seems to be growing. With thanks to Suzanne Kelly.

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Local campaigners, opposed to Aberdeen City Council’s cull of the Tullos Hill roe deer, have placed advertisements in the local press and launched a postcard campaign.

The first advert appeared in Aberdeen’s Evening Express on 7 September, and it appears again in the 21 September issue of Aberdeen Citizen.

Campaigners will also be out in force in Aberdeen city centre this Saturday (24 September).

“The City Council may think they can go ahead with the cull of the roe deer unnoticed,” campaigner Suzanne Kelly said, “but the truth is the opposition is growing daily. People are watching the hill and reporting anything that might indicate a cull.”

A postcard campaign with a strong graphic encourages people to write to Aberdeen City Council Chief Executive, Valerie Watts.

The advertising campaign spells out some of the many reasons why opponents are so fierce in condemning the Council’s plans. These reasons include:

  • The cull was already being planned (as per correspondence in November 2010 between Aberdeen City Council and Scottish Natural Heritage) but was kept out of the Phase 2 public consultation. This consultation mentioned rabbits and therefore gave the impression that these were the only species affected by the massive tree plantation. Current public objections would have been made during the consultation had the public been properly informed that a cull was planned. Many people therefore feel misled by the Council and the scheme’s main proponent, Councillor Aileen Malone.
  • The Scottish SPCA calls the cull ‘abhorrent and absurd’ – to kill animals to protect trees that aren’t even planted and which could go elsewhere, is wrong. They will support culling only for animal welfare reasons
  • The City Council recently had to return £43,800 to the Forestry Commission for a failed planting on Tullos Hill. It certainly seems the Council tried to keep that information under wraps. Taxpayers could spend over £100,000 if further planting goes wrong, according to the Forestry Commission
  • Since the cull was made public, several community councils, representing tens of thousands of local residents, condemned it and complained about the lack of proper consultation. Over 2,400 people locally signed petitions, and hundreds of letters of protest were sent to the Council. Still the Council refuses to back down
  • The Council has turned down or ignored offers from experts including Animal Concern to provide other non-lethal solutions, of which there are many
  • There is already an eco-system on Tullos Hill which includes flora and fauna; changing it makes no sense

A hunter in camouflage gear with a gun on Tullos Hill was reported to police by a dog-walker on 5 September, but the police are neither confirming the report nor supplying any further information at present.

Earlier this month, the City Council mentioned the tree planting scheme, but not the deer cull, in a full colour, four page Aberdeen Citizen supplement touting its environmental credentials.  Campaigners against the cull have not yet been able to find out the cost to the public of this supplement.

Anyone opposed to this cull or who wants further information can contact: www.tullosdeer@yahoo.co.uk

“The response the advertisement received when first launched was overwhelming; the email inbox is overflowing with people – 100% of whom oppose the Council’s plans and the handling of the whole affair. I do hope that commonsense will prevail and this scheme will be altered to spare the deer. With a previous planting on the hill already costing the taxpayer £43,800 – the City must come up with a better plan and halt this senseless cull,” said Kelly.

The cull could begin in October this year; it is likely that the killing would continue for several years.

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