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ANGUS COUNCIL
MINUTE of MEETING of the ANGUS COUNCIL held in the Town and County Hall, Forfar on Thursday, 19 December 1996 at 4.00 pm.
Present: Provost Mrs FRANCES E DUNCAN, Councillors BRIAN MILNE, GEORGE ALLAN, HELEN ANGUS, IAN ANGUS, WILLIAM CROWE, WILLIAM DOIG, FRANK ELLIS, JACK GIBB, IAN HUDGHTON, ALEXANDER KING, Mrs RENATE LAMONT, WALLIE LEASK, IAN MACKINTOSH, GLENNIS MIDDLETON, WILLIAM MIDDLETON, STEWART MOWATT, ROB MURRAY, GEORGE NORRIE, KATHLEEN RITCHIE, ALEXANDER SHAND, RICHARD SPEIRS, SHEENA WELSH, SANDY WEST and THOMAS I N YOUNG.
Provost Mrs FRANCES E DUNCAN, in the Chair.
1. MINUTES
(1) Angus Council
The minute of the meeting of the Council held on 7 November 1996 was submitted, approved as a correct record and signed by the Provost.
(2) Housing Committee
The minute of the meeting of the Housing Committee held on 12 November 1996 was submitted and approved.
With reference to Article 2 regarding the Council’s bid for funding from the Energy Saving Trusts’ HECA (Home Energy Conservation Act) Action Award Scheme, Councillor Ellis reported on the Council’s success. He referred to the scheme that had won the award for Angus which involved insulation work, installing heating systems and providing advice on energy savings for around 45,000 households in both the private and public sectors.
On behalf of the Council, the Provost congratulated all officers and others involved in the project which was another example of partnership, this time involving Scottish Hydro Electric plc.
(3) Environmental and Consumer Protection Committee
The minute of the meeting of the Environmental and Consumer Protection Committee held on 12 November 1996 was submitted and approved.
(4) Civic Licensing Committee
The minute of the meeting of the Civic Licensing Committee held on 14 November 1996 was submitted and approved.
(5) Development Control Committee
The minute of the meeting of the Development Control Committee held on 14 November 1996 was submitted and approved.
(6) Social Work Committee
The minute of the meeting of the Social Work Committee held on 19 November 1996 was submitted and approved.
(7) Contract Services Committee
The minute of the meeting of the Contract Services Committee held on 19 November 1996 was submitted and approved.
(8) Recreation and Cultural Services Committee
The minute of the meeting of the Recreation and Cultural Services Committee held on 21 November 1996 was submitted and approved.
(9) Economic Development Committee
The minute of the meeting of the Economic Development Committee held on 21 November 1996 was submitted and approved.
(10) Education Committee
The minute of the meeting of the Education Committee held on 26 November 1996 was submitted and approved.
(11) Planning and Transport Policy Committee
The minute of the meeting of the Planning and Transport Policy Committee held on 28 November 1996 was submitted and approved.
(12) Roads Committee
The minute of the meeting of the Roads Committee held on 28 November 1996 was submitted and approved.
(13) Personnel and Property Services Committee
The minute of the meeting of the Personnel and Property Services Committee held on 3 December 1996 was submitted and approved, subject to the inclusion of Councillors Mrs Lamont, Milne and Speirs in the sederunt.
(14) Finance and Information Technology Committee
The minute of the meeting of the Finance and Information Technology Committee held on 3 December 1996 was submitted and approved.
With reference to Article 8 regarding the 1997/98 revenue budget in general and the Government’s directive that 75% of Housing Revenue Account capital receipts be applied to the reduction of outstanding debt, Councillor Ellis spoke on the detrimental effect this policy would have on local contractors and the Council’s housing modernisation programme, especially in view of the Council’s previous enviable record of having very low Council house rents and low outstanding debt on the Housing Revenue Account.
The Council noted that the Secretary of State had not yet responded to the Council’s request for a meeting and agreed to write to the Secretary of State again inviting him and Raymond Robertson, MP, the Housing Minister, to meet with representatives of the Council, the Building Federation, Trade Unions, Chamber of Commerce and small businesses, to explain the reasons for the Government’s policy.
(15) Civic Licensing Committee
The minute of the meeting of the Civic Licensing Committee held on 5 December 1996 was submitted and approved.
(16) Development Control Committee
The minute of the meeting of the Development Control Committee held on 5 December 1996 was submitted and approved.
With reference to Article 5 regarding possible "Good Practice Guidelines" which might be adopted by the Council in dealing with planning applications, Councillor Hudghton referred to the oral evidence given by Council representatives to the Nolan Committee on Standards in Public Life at its meeting in Edinburgh on 18 December, and indicated that Lord Nolan had expressed favourable interest in the draft.
The Council agreed that a further Report should be presented to the Development Control Committee in due course.
(17) Policy and Resources Committee
The minute of the meeting of the Policy and Resources Committee held on 10 December 1996 was submitted and approved.
2. MINUTES OF MEETINGS OF JOINT BOARDS/COMMITTEES
(1) Tayside Fire Board
The minute of meeting of the Tayside Fire Board held on 19 August 1996 was submitted and noted.
(2) Tayside Joint Police Board
The minute of meeting of the Tayside Joint Police Board held on 19 August 1996 was submitted and noted.
(3) Tayside Valuation Joint Board
The minute of meeting of the Tayside Valuation Joint Board held on 19 August 1996 was submitted and noted.
(4) Tayside Contracts Joint Committee
The minute of meeting of the Tayside Contracts Joint Committee held on 19 August 1996 was submitted and noted.
(5) Tay Road Bridge Joint Board
The minute of meeting of the Tay Road Bridge Joint Board held on 2 September 1996 was submitted and noted.
3. GENERAL BUSINESS
(a) Revenue Budget 1997/98 - Financial Implications of Secretary of State’s Announcement
There was circulated Report No 996/96 by the Chief Executive and Director of Finance apprising members of the 1997/98 Grant Aided Expenditure figures for the Council which had been received earlier in the day.
The Report outlined the Council Tax capping provisions set by the Secretary of State and outlined the implications of these announcements for Angus Council’s 1997/98 General Fund Revenue Budget. The Report also commented on the historical prudence of Angus; the position in which the Council now found itself, in trying to finance an estimated £6m of essential extra expenditure with an additional spending allowance allocation of only £511,000 under the capping regime; and the GAE and AEF settlements for 1997/98 for Angus.
At this point, the meeting was adjourned for 10 minutes to give members an opportunity to read the Report.
On reconvening, a number of members spoke on the various issues involved, including the significant impact the settlement would have on the Council’s budgets and the Government’s policy requiring pay and general inflation to be funded from efficiency savings whilst simultaneously allowing only minimal increases in local authority capping limits. The lack of flexibility within the capping regime and the limited extent which Angus could spend above its GAE allocation compared with other Councils was also referred to.
The Council agreed:-
(i) to note the contents of the Report; and
(ii) to note that all Heads of Service were already well advanced in identifying options for consideration in order that the Council Tax capping target set by the Secretary of State might be achieved.
(b) Coastal Erosion - Montrose - Proposed Funding
With reference to Article 11 of the minute of meeting of the Finance and Information Technology Committee of 3 December 1996, the Council noted that Montrose Links Trust would be considering the question of contributing to the cost of the Consultants’ study at a meeting on 21 January 1997, after which a report on the matter would be submitted.
(c) Angus Farming - Wildlife Advisory Group - Grant Aid Application
There was submitted Joint Report 944/96 by the Chief Executive and Director of Planning, Transport and Economic Development on an application for financial assistance received from the Angus Branch of the Farming and Wildlife Advisory Group (FWAG) for grant aid towards the cost of employing a full time advisor for the Angus area.
The Council agreed:-
(i) to award a grant of £7,000 to the Angus Branch of FWAG, this expenditure to be met in part from Miscellaneous Grants (£4,000) with the balance (£3,000) being met from the Planning Department’s Rural Affairs Revenue Budget for 1996/97; and
(ii) to authorise the Director of Planning, Transport and Economic Development to enter into a Service Level Agreement with Angus FWAG with effect from 1997/98 onwards.
(d) Angus and Dundee Structure Plan Joint Arrangements - Appointment of Representatives
With reference to Article 2(ii) of the minute of meeting of the Planning and Transport Policy Committee of 28 November 1996, the Council appointed Councillors Shand (Convener, Planning and Transport Policy Committee); Councillor Ritchie (Convener, Development Control Committee); Councillor West (Convener, Roads Committee) and Councillor Young (Member, Sidlaw West) as its representatives on the Angus and Dundee Joint Structure Plan Panel with Councillor Ellis (Member, Sidlaw East), as the substitute member.
(e) Tayside Health Board - Liaison Arrangements
With reference to Article 16 of the minute of meeting of the Policy and Resources Committee of 10 December 1996, the Council appointed Councillors Helen Angus, Ian Angus, Ian Hudghton and Glennis Middleton as its representatives on the Health and Community Care Liaison Group.
(f) Monikie Angling Club
With reference to Article 10 of the minute of meeting of the Policy and Resources Committee of 20 March 1996 when Councillors Ellis and Mowatt had been appointed as the Council’s representatives to Monikie Angling Club, it was reported that Councillor Mowatt had resigned. The Council accordingly appointed Councillor Gibb in his place.
(g) Angus College Board of Management - Appointment of Chief Executive
The Council congratulated the Chief Executive, Mr A B Watson, on his invitation to join the Board of Management of Angus College with effect from 1 April 1997 and authorised his attendance at meetings, etc.
(h) Angus and Dundee Tourist Board - Service Level Agreement
The Chief Executive reported on progress made with the preparation of a Service Level Agreement between the Council and Angus and Dundee Tourist Board.
The Council noted the proposed arrangements for funding the Tourist Board and, notwithstanding that the detailed wording of the Agreement had not been finalised, authorised the release of the third portion of the Council grant, amounting to £39,500.
(i) Smoking Policy
With reference to Article 4 of the minute of meeting of the Personnel and Property Services Committee of 11 June 1996, there was submitted Report 945/96 by the Director of Personnel advising the Council of the outcome of a consultation exercise on the terms of a policy on smoking at work and advocating a policy prohibiting smoking in Council premises.
COUNCILLOR MURRAY, SECONDED BY COUNCILLOR WILLIAM MIDDLETON, MOVED THAT THE COUNCIL ADOPT THE POLICY OUTLINED IN THE APPENDIX TO THIS MINUTE.
Councillor King, seconded by Councillor Milne, moved as an amendment:-
(a) that points 1 and 2 on the attached Appendix be deleted and be substituted by:-
(1) Smoking will be allowed in designated smoking areas. These areas will be separate and segregated from areas where the business of the Council is carried out;
(2) Designated smoking areas will only be provided where practical and where space permits. They will be removed if there is an operational requirement for the accommodation; and
(b) that the remainder of the policy ie points 3-8 be retained.
After a full debate and on a vote being taken, the members voted:-
For the motion:-
Councillors Crowe, Doig, Ellis, Gibb, Hudghton, Mrs Lamont, Mackintosh, William Middleton, Mowatt, Murray, Norrie, Mrs Ritchie, West and Young (14).
For the amendment:-
Provost Mrs Duncan, Councillors Milne, Allan, Helen Angus, Ian Angus, King, Leask, Glennis Middleton, Shand, Speirs and Welsh (11).
The motion was declared carried, resulting in the Council’s policy being as set out in the Appendix to this minute.
4. ORDERS AND RESOLUTIONS
(a) Traffic Regulation Orders
(i) Angus Council (Basin View and Medicine Well Drive, Montrose) (Clearway) Order 1996
With reference to Article 15(b) of the minute of meeting of the Roads Committee of 17 October 1996, the Council resolved to make the above Order.
(ii) Angus Council (Restricted Roads) (Variation) Order 1996
With reference to Article 15(c) of the minute of meeting of the Roads Committee held on 17 October 1996, the Council resolved to make the above Order.
(iii) Angus Council (Variation of Speed Limits) Order 1996
With reference to Article 16(b) of the minute of meeting of the Roads Committee held on 28 November 1996, the Council resolved to make the above Order.
(iv) Angus Council (Montrose and Ferryden Traffic Management) (Variation) Order 1996
With reference to Article 16(e)) of the minute of meeting of the Roads Committee held on 28 November 1996, the Council resolved to make the above Order.
(b) Closing Order
With reference to Article 16 of the minute of meeting of the Housing Committee of 12 November 1996, the Council placed a Closing Order on the property referred to in the minute.
5. EMERGENCY MOTION - BBC
The following matter was, on the determination of the Provost, dealt with as a matter of urgency in light of the recent announcement by the BBC and possible detrimental effect of BBC coverage in Angus.
The undernoted motion was, on the motion of Councillor Leask, seconded by Councillor Ian Angus, adopted by the Council:-
"Angus Council:-
(i) confirms its commitment to Public Service Broadcasting and deplores the BBC’s intention to decimate their presence in Tayside, which we believe will be to the detriment of all who live and work in Angus, Dundee, Perth and Fife;
(ii) agrees to instruct the Chief Executive to seek an urgent meeting with the Director General of the BBC to present the argument for improved coverage by the BBC of Angus matters and that Angus be represented by a delegation comprising elected members, appropriate officers and representatives of the business and wider community interests; and
(iii) instructs the Chief Executive to report to the next Council meeting on the developing relationships with the local media and the impact thereon of the BBC proposals.
6. EXCLUSION OF PUBLIC AND PRESS
The Council resolved in terms of Standing Order No 27(2) that the public and press be excluded during consideration of the following items so as to avoid the disclosure of information which was exempt in terms of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973, Paragraphs 6, 9 and 10.
7. REPLACEMENT OF ANDOVER PRIMARY SCHOOL, BRECHIN - LIST OF POSSIBLE TENDERERS
There was submitted Report No 942/96 by the Director of Property Services on contractors who, following recent advertisement, had expressed an interest in tendering for the replacement of Andover Primary School, Brechin.
The Council agreed that, subject to any financial assessment deemed necessary by the Director of Finance in consultation with the Director of Property Services, the six contractors identified in the Report be invited to tender for the project.
8. MONTROSE SEAFRONT - PROPOSED REDEVELOPMENT
There was submitted Joint Report No 1073/96 by the Director of Roads, Director of Planning, Transport and Economic Development and Director of Recreation Services on tenders received for the proposed redevelopment of the Seafront at Montrose.
The Council agreed:-
(i) to approve the acceptance of the lowest tender for the works, that of Torith Limited, in the amount of £629,370.62, plus associated professional fees totalling £100,110.00, this acceptance to be subject to confirmation by Scottish Enterprise Tayside that approval had been obtained for their financial contributions totalling £395,000;
(ii) to note that allowance for the required 1996/97 Angus Council contribution of £170,000 had been made in the approved 1996/97 Final Revenue and Capital Budgets;
(iii) to note that allowance for the required 1997/98 Angus Council contribution of £165,000 would require to be included in the 1997/98 Revenue and Capital Budget provisions; and
(iv) that such allowances existed in the provisional budgets prepared by the respective departments.
APPENDIX
ANGUS COUNCIL
SMOKING AT WORK POLICY
GENERAL STATEMENT
The Council believes that it is essential to create for its employees a working environment which is both safe and healthy. The Council wishes to promote the good health of its employees and, in recognition of the proven dangers of smoking believes that it is in the interests of the Council as a whole to prohibit smoking within Council premises. The Council recognises the difficulties that this prohibition may cause for some of its employees and will, be means of a programme of health education, counselling and other forms of assistance assist those of its employees who wish to give up smoking. This assistance will be available both at the introduction of the policy and on an ongoing basis.
Policy
1 Smoking will be prohibited in all parts of all Council premises. This prohibition will apply to employees, elected members and all non-employees using Council premises.
2 There will be no designated "smoking areas" within Council premises.
3 Employees will not be permitted to leave their workplace during their working hours for the purposes of smoking.
4 Smoking will be prohibited in all Council owned vehicles. The prohibition will not extend to employees’ leased or private vehicles. However, where these vehicles are being used to carry passengers employees who are smokers should respect the wishes of the other occupants of the vehicle in respect of smoking.
5 All recruitment literature will make explicit reference to the Council’s policy on smoking.
6 Adherence to the policy will be a contractual requirement and will be referred to within Statement of Employment Particulars issued to employees.
7 The Council will offer assistance to any employee who wishes to give up smoking. This assistance will include counselling, health education and self-help classes and reasonable time off will be given to make use of the assistance. Employees may volunteer to become cessation counsellors and reasonable paid time off will be given to them for training and subsequently to carry out counselling.
8 The Council will be sympathetic to existing employees who are smokers and who have difficulty in complying with the terms of this policy and offer every reasonable assistance to them, in putting the measures detailed above, to meet its requirements. Ultimately, however, persistent failure to comply with the terms of the policy will result in disciplinary action in accordance with the Council’s disciplinary procedures.