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ANGUS COUNCIL
MINUTE of MEETING of ANGUS COUNCIL held in the Town and County Hall, Forfar on Thursday, 17 December 1998 at 4.00 pm.
Present: Provost Mrs FRANCES E DUNCAN, Councillors BRIAN MILNE, HELEN ANGUS, IAN ANGUS, WILLIAM CROWE, WILLIAM DOIG, JOHN GIBB, ALEXANDER KING, RENATE LAMONT, STEWART McGLYNN, IAN MACKINTOSH, GLENNIS MIDDLETON, WILLIAM MIDDLETON, STEWART MOWATT, ROB MURRAY, GEORGE NORRIE, Mrs KATHLEEN RITCHIE, DAVID SELFRIDGE, ALEXANDER SHAND, SHEENA WELSH, SANDY WEST and THOMAS I N YOUNG.
Apologies: Apologies for absence were intimated on behalf of Councillors IAN HUDGHTON and FRANK ELLIS.
Provost Mrs FRANCES E DUNCAN in the Chair.
MEMBER OF THE EUROPEAN PARLIAMENT - IAN HUDGHTON
The Provost congratulated Councillor Ian Hudghton on his recent success in being elected to represent the North East Scotland Constituency in the European Parliament. She highlighted a well deserved achievement given Councillor Hudghton's record as a Councillor, Leader of the Administration and as a member of the European Union's Committee of the Regions.
The Council endorsed the Provost's remarks.
1. COUNCIL MINUTES
(a) Angus Council
The minute of meeting of the Council held on 5 November 1998 was submitted, approved as a correct record and signed by the Provost.
(b) Environmental and Consumer Protection Committee
The minute of meeting of the Environmental and Consumer Protection Committee held on 10 November 1998 was submitted and approved.
(c) Housing Committee
The minute of meeting of the Housing Committee held on 10 November 1998 was submitted and approved.
(d) Civic Licensing Committee
The minute of meeting of the Civic Licensing Committee held on 10 November 1998 was submitted and approved.
(e) Development Control Committee
The minute of meeting of the Development Control Committee held on 12 November 1998 was submitted and approved.
(f) Contract Services Committee
The minute of meeting of the Contract Services Committee held on 17 November 1998 was submitted and approved.
(g) Social Work Committee
The minute of meeting of the Social Work Committee held on 17 November 1998 was submitted and approved.
(h) Economic Development Committee
The minute of meeting of the Economic Development Committee held on 19 November 1998 was submitted and approved.
(i) Recreation and Cultural Services Committee
The minute of meeting of the Recreation and Cultural Services Committee held on 19 November 1998 was submitted and approved.
(j) Education Committee
The minute of meeting of the Education Committee held on 24 November 1998 was submitted and approved.
(k) Personnel and Property Services Committee
The minute of meeting of the Personnel and Property Services Committee held on 1 December 1998 was submitted and approved.
(l) Finance and Information Technology Committee
The minute of meeting of the Finance and Information Technology Committee held on 1 December 1998 was submitted and approved.
(m) Planning and Transport Policy Committee
The minute of meeting of the Planning and Transport Policy Committee held on 1 December 1998 was submitted and approved.
(n) Roads Committee
The minute of meeting of the Roads Committee held on 1 December 1998 was submitted and approved.
(o) Civic Licensing Committee
The minute of meeting of the Civic Licensing Committee held on 1 December 1998 was submitted and approved.
(p) Development Control Committee
The minute of meeting of the Development Control Committee held on 3 December 1998 was submitted and approved.
(q) Policy and Resources Committee
The minute of meeting of the Policy and Resources Committee held on 8 December 1998 was submitted and approved.
2. JOINT BOARDS AND COMMITTEES
(a) Tayside Contracts Joint Committee
The minute of meeting of the Tayside Contracts Joint Committee held on 24 August 1998 was submitted and noted.
(b) Tayside Valuation Joint Board
The minute of meeting of the Tayside Valuation Joint Board held on 24 August 1998 was submitted and noted.
(c) Tayside Fire Board
The minute of meeting of the Tayside Fire Board held on 24 August 1998 was submitted and noted.
(d) Tayside Joint Police Board
The minute of meeting of the Tayside Joint Police Board held on 24 August 1998 was submitted and noted.
(e) Tayside Fire Board
The minute of special meeting of the Tayside Fire Board held on 21 September 1998 was submitted and noted.
3. APPOINTMENTS - CASUAL VACANCIES
The Council appointed the undernoted members to fill the following vacancies in the membership of Committees, Working Groups and outside Bodies:-
Policy and Resources Committee
Councillor Murray (as Convener in place of Councillor Hudghton)
Councillor William Middleton (as Vice-Convener in place of Councillor Murray)
Personnel and Property Services Committee
Councillor Selfridge (as member in place of Councillor Glennis Middleton)
Councillor William Middleton (as Convener in place of Councillor Murray)
Councillor Selfridge (as Vice-Convener in place of Councillor William Middleton)
Working Groups (all in place of Councillor Hudghton)
| European Strategy MOG | Councillor Murray (Chair) |
| Finance/Structures MOG | Councillor William Middleton |
Outside Bodies (all in place of Councillor Hudghton)
| Tayside Fire Board | Councillor McGlynn |
| Tayside Joint Police Board | Councillor Selfridge |
| COSLA Convention | Councillor William Middleton |
| COSLA European Members Network | Councillor Murray |
| COSLA EMU Members Network | Councillor Murray |
| COSLA Strategy Forum | Councillor Murray |
| Angus Health & Community Care Liaison Group | Councillor Helen Angus (as Chair) Councillor Ritchie (as member) |
| Joint Project Board (Angus Community Resource Centre Developments) | Councillor Ritchie |
| Tayside/Charente Twinning Association. | Councillor Shand |
4. SOCIAL WORK CRIMINAL JUSTICE SERVICES: "COMMUNITY SENTENCING THE TOUGH OPTION"
There was submitted Report No 1325/98 by the Director of Social Work which detailed a draft response to the consultation paper on the review of Criminal Justice Social Work services issued by the Minister of Home Affairs, entitled "Community Sentencing The Tough Option".
The Report addressed the practice and policy related consultation points and commented on the options for changing the structure of Criminal Justice Social Work Services.
The Council agreed:-
(i) to approve the draft Report prepared in reply to the consultation paper, "Community Sentencing The Tough Option" and in particular to affirm the importance of retaining Social Work Criminal Justice Services within local authorities; and
(ii) to instruct the Director of Social Work to forward the response to the Scottish Office.
5. ATTIC ACCESS ALTERATIONS TO NON-HOUSING COUNCIL BUILDINGS - SUPPLEMENTARY FUNDING PROVISION
There was submitted Report No 1267/98 by the Director of Property Services seeking approval for the provision of supplementary funding from the Property Renewal and Repair Fund to allow alterations to attic access points in non-housing Council buildings.
The Council agreed:-
(i) to note the requirement for urgent alterations to be carried out to non-housing Council buildings as detailed in the Report;
(ii) to approve the bid for supplementary funding in the sum of £20,000 from the Property Renewal and Repairs Fund for Phase 1 of an alterations programme; and
(iii) to instruct the Director of Property Services to progress the alterations immediately and submit a further report detailing the later phases of the programme.
6. ORDERS AND RESOLUTIONS
Angus Council (Hosie Park, Dronley Road) (Stopping-Up) Order 1998
With reference to Article 12(d) of the minute of meeting of the Roads Committee of 1 December 1998, the Council resolved to make and confirm the above Order.
7. A92 PROJECT: CURRENT POSITION
There was submitted Joint Report No 1250/98 by the Directors of Roads, Finance and Law and Administration which detailed the current position for the Council in progressing the A92 project, including the notification from the Secretary of State on the level of Notional Loan Charge support likely to accrue to the project, and described the proposed mechanism for finalising the financial agreement with Dundee City Council as the Council's partners in the procurement of the project.
The Council agreed:-
(i) to note and approve that the financial position for the A92 project, now that it had been indicated by the Scottish Office that Angus Council would receive an additional £3.153m per annum (for 30 years), meant that the Council would be in a position to progress and procure the project on the PFI basis;
(ii) to note and accept the negotiated financial position agreed with Dundee City Council with regard to its financial contribution associated with the procurement of the project;
(iii) to note that the ultimate financial position of the project (and hence the decision to award a contract) would not be finalised until completion of the negotiations phase within the procurement process;
(iv) to note and confirm that the PFI remained the only viable funding option to deliver the project;
(v) to note that provision for certain of the project costs as described in the Report would require to be included in the Council's 1998/2002 Financial Plan and in later years;
(vi) to delegate authority to the Director of Roads and the Director of Finance, in consultation with the Roads Convener and the Finance and Information Technology Convener, to further refine the detail of the project delivery and the funding mix to optimise value for money and affordability for the Council and to report back to Committee as appropriate;
(vii) to note that the Council required to enter into an Agreement with Dundee City Council and to instruct the Director of Law and Administration to draft a Memorandum of Agreement in conjunction with Dundee City Council which set out the respective responsibilities and obligations of both Councils for the duration of the project;
(viii) to instruct and authorise the Directors of Roads, Law & Administration and Finance to continue negotiations with Dundee City Council in respect of the reimbursement of claims and expenditure and issues of indemnity with respect to Dundee City Council’s involvement in the A92 Project;
(ix) to accept that, in the knowledge of the awarded level of loan charge support, the Council were now in a position to initiate the statutory planning process and the finalisation of the necessary orders within the Angus Council area;
(x) to note that a counterpart report to this one would be considered by Dundee City Council at the earliest opportunity and that the equivalent statutory processes should be initiated within the Dundee City Council area in a similar timescale to that for the Angus Council area; and
(xi) to instruct the Director of Law and Administration to remit this report to Dundee City Council for its information and action.
The following motion was, on the determination of the Provost, treated as a matter of urgency because of the currency of the situation.
8. EMERGENCY MOTION - "SCOTTISH SIX
The Council approved the following motion which had been proposed by Councillor Mowatt and seconded by Councillor Selfridge.
"Angus Council:-
(i) condemns the decision of the BBC Governors not to initiate a Six O'clock Bulletin of Scottish and International news produced in Scotland for Scotland;
(ii) points out that the Scottish Six was supported by all political parties except London Labour, fulfilled the wishes of the Scottish people as shown by several opinion polls, and was abandoned under heavy political pressure from the Government in Westminster;
(iii) considers that this decision displayed a clear lack of understanding of Scotland and the Scottish people; and
(iv) instructs the Chief Executive to write to the Governers of the BBC in London and urge them to reconsider."
9. EXCLUSION OF PUBLIC AND PRESS
The Council resolved in terms of Standing Order 27(2) that the public and press be excluded during consideration of the following matters 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, 8 and 11.
10. A92 PROJECT - CURRENT FINANCIAL POSITION
There was submitted Report No 1309/98 by the Director of Finance which detailed the potential level of annual charge by a PFI concession company for delivering the A92 project. The Report also outlined the additional provision which would need to be made in the Council's Financial Plan to meet the full construction and development costs associated with the project.
The Council agreed:
(i) to note the indicative level of concession company annual charge over the 30 year assumed life of the contract agreement as shown in Appendix A to the Report; and
(ii) to note that a mixture of concession company funding and Council S94 Consent funding would be necessary to meet the full construction and development costs associated with the project.
11. CAR PARKING AT STATION ROAD, CARNOUSTIE
There was submitted Report No 1334/98 by the Director of Property Services on tenders received for the provision of car parking at Station Road, Carnoustie.
The Council agreed:-
(i) to accept the lowest tender for the several works from T & N Gilmartin (Contractors) Limited, Cupar, Fife in the amount of £42,349.59;
(ii) to approve the estimated total cost of £47,000 (at out-turn prices); and
(iii) to approve the cost of up to £6,000 in respect of the timber boardwalk.
12. GRANGE ROAD, MONIFIETH - PROPOSED ACQUISITION OF PROPERTIES ADJACENT TO THE A92
There was submitted Joint Report No 1278/98 by the Director of Property Services and the Director of Roads on the outcome of negotiations for the acquisition of two properties adjacent to the A92 at Grange Road, Monifieth.
The Council agreed:-
(i) to note the request from the current owners of Nos 1 and 2 Cottages, South Grange Farm, Grange Road, Monifieth for Angus Council to proceed with the acquisition of the properties; and
(ii) to approve the acquisition of Nos 1 and 2 Cottages, South Grange Farm, Grange Road, Monifieth on the provisional terms and conditions detailed in the Report.