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ANGUS COUNCIL
MINUTE of MEETING of ANGUS COUNCIL held in the Town and County Hall, Forfar on Thursday, 2 July 1998 at 4.00 pm.
Present: Provost Mrs FRANCES E DUNCAN, Councillors BRIAN MILNE, HELEN ANGUS, IAN ANGUS, WILLIAM CROWE, ALEXANDER KING, Mrs RENATE LAMONT, STEWART McGLYNN, IAN MACKINTOSH, GLENNIS MIDDLETON, WILLIAM MIDDLETON, STEWART MOWATT, ROB MURRAY, GEORGE NORRIE, DAVID SELFRIDGE, ALEXANDER SHAND, RICHARD SPEIRS, SHEENA WELSH, SANDY WEST and THOMAS I N YOUNG.
Apologies: Apologies for absence were intimated on behalf of Councillors GEORGE ALLAN, WILLIAM DOIG, FRANK ELLIS, JACK GIBB, IAN HUDGHTON and Mrs KATHLEEN RITCHIE.
Provost Mrs FRANCES E DUNCAN in the Chair.
1. COUNCIL MINUTES
(a) Angus Council
The minute of meeting of the Council held on 21 May 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 26 May 1998 was submitted and approved.
(c) Housing Committee
The minute of meeting of the Housing Committee held on 26 May 1998 was submitted and approved.
(d) Development Control Committee
The minute of meeting of the Development Control Committee held on 028 May 1998 was submitted and approved.
(e) Social Work Committee
The minute of meeting of the Social Work Committee held on 2 June 1998 was submitted and approved.
(f) Contract Services Committee
The minute of meeting of the Contract Services Committee held on 2 June 1998 was submitted and approved.
(g) Recreation and Cultural Services Committee
The minute of meeting of the Recreation and Cultural Services Committee held on 4 June 1998 was submitted and approved.
(h) Economic Development Committee
The minute of meeting of the Economic Development Committee held on 4 June 1998 was submitted and approved.
(i) Education Committee
The minute of meeting of the Education Committee held on 9 June 1998 was submitted and approved.
(j) Planning and Transport Policy Committee
The minute of meeting of the Planning and Transport Policy Committee held on 11 June 1998 was submitted and approved.
(k) Roads Committee
The minute of meeting of the Roads Committee held on 11 June 1998 was submitted and, subject to the undernoted, approved.
Angus Council (Off-Street Car Parks) Order 1998 - (Article 18(f) refers)
On the reading of this item, there was submitted Report No 747/98 by the Director of Law and Administration indicating that eight objections to the proposed Order had been received, copies of which were appended to the Report. The Report set out the comments of the Director of Roads on the objections.
After hearing Councillor West and considering the objections and the comments of the Director of Roads, the Council resolved to make the Order as drafted.
(l) Personnel and Property Services Committee
The minute of meeting of the Personnel and Property Services Committee held on 16 June 1998 was submitted and approved.
(m) Finance and Information Technology Committee
The minute of meeting of the Finance and Information Technology Committee held on 16 June 1998 was submitted and approved.
(n) Civic Licensing Committee
The minute of meeting of the Civic Licensing Committee held on 16 June 1998 was submitted and approved.
(o) Development Control Committee
The minute of meeting of the Development Control Committee held on 18 June 1998 was submitted and approved.
(p) Policy and Resources Committee
The minute of meeting of the Policy and Resources Committee held on 12 May 1998 was submitted and, subject to the undernoted, approved:-
(i) Montrose Rose Queen and Summer Events (Article 13 refers)
On the reading of this item, Councillor Murray reported that Montrose Highland Games Committee had offered to continue the Montrose Rose Queen Ceremony as part of their Games Programme. He suggested that the Council should welcome the offer and transfer the regalia and dresses held by the Council to the Highland Games Committee.
The Council approved the proposal and agreed:-
(a) to accept the offer from Montrose Highland Games Committee to take over responsibility for the Montrose Rose Queen Ceremony; and
(b) that the regalia and dresses held by the Council in connection with the Ceremony be transferred to Montrose Highland Games Committee;
(ii) Brechin Paddling Pool (Article 19 refers)
On the reading of this item, Councillor Ian Angus asked the Council to note that, for the avoidance of any doubt, the phrase in line 2 of paragraph 3 of this Article "that the Brechin Common Good Fund could act as guarantor against the fund raising efforts of the community" was intended to mean that the Fund would underwrite any shortfall.
The position was noted.
2. JOINT BOARDS/COMMITTEES
(i) Tayside Joint Police Board
The minute of meeting of the Tayside Joint Police Board held on 16 February 1998 was submitted and noted.
(ii) Tayside Fire Board
The minute of meeting of the Tayside Fire Board held on 16 February 1998 was submitted and noted.
(iii) Tayside Valuation Joint Board
The minute of meeting of the Tayside Valuation Joint Board held on 16 February 1998 was submitted and noted.
(iv) Tayside Contracts Joint Committee
The minute of meeting of the Tayside Contracts Joint Committee held on 16 February 1998 was submitted and noted.
(v) Tay Road Bridge Joint Board
The minute of meeting of the Tay Road Bridge Joint Board held on 2 March 1998 was submitted and noted.
3. SCOTTISH CAMPAIGN FOR PUBLIC ANGLING
The Council unanimously approved a motion in the following terms, notice of which had been given by Councillor Crowe in accordance with Standing Order No 24.
"Angus Council confirm that they fully support the proposal to initiate revocation proceedings under Section 1(10) of the Freshwater and Salmon Fisheries (Scotland) Act 1976 in respect of the Tay River Protection Orders and compliment the Scottish Campaign for Public Angling for their initiative in bringing to the attention of the Scottish Office the widespread abuse of the provisions of the Act as it relates to the River Tay system".
4. AWARD
The Council congratulated Mr Gavin Drummond, the Director of Cultural Services, on being awarded the MBE in the Queen’s Birthday Honours List.
Mr Drummond responded in suitable terms.
5. APPOINTMENTS
(a) Association of Direct Labour Organisations (ADLO)
The Council congratulated Mr Mike Graham, Contract Services Manager, on his appointment as one of the two officers representing Scotland on ADLO’s UK Executive and authorised him to attend all meetings in connection therewith.
(b) Arbroath Seafest - Board of Directors
With reference to Article 5 of the minute of meeting of the Economic Development Committee of 4 June 1998, the Council agreed to appoint Councillor Brian Milne to serve on the Board of Directors of the Company being established to organise and run Arbroath SEAFEST Festival and associated activities.
6. ANNUAL ACCOUNTS
(a) Report to Members on the 1996/97 Audit of Angus Council
There was submitted Report No 741/98 by the Director of Finance indicating that the Accounts Commission for Scotland’s Chief Auditor (Northern Area) had recently concluded his audit of Angus Council’s accounts for the year to 31 March 1997 and had submitted a Report to members of the Council and the Controller of Audit summarising all significant matters which had arisen during the course of the audit which he considered worthy of members’ attention. A copy of the Auditor’s Report was attached.
Report No 741/98 set out comments, where appropriate, on the issues raised in the Chief Auditor’s Report, reminded members that the Council’s first Annual Report and Accounts for 1996/97 had been published and distributed recently and asked the Council to note the content of the Audited Accounting Statements for Angus Council as contained in the Annual Report and Accounts.
The Council approved the terms of the Report and agreed:-
(i) to note the content of the Accounts Commission’s Report to Members on the 1996/97 Audit of Angus Council;
(ii) to approve Report No 741/98 as the Council’s formal response to the Accounts Commission Report on the 1996/97 Audit of Angus Council; and
(iii) to note the 1996/97 Audited Accounting Statements for Angus Council as set out in pages 52-80 of the Council’s Annual Report and Accounts.
The following matter was, on the determination of the Provost, dealt with as a matter of urgency in order to advise the Council, prior to the summer recess, of the action which had been taken.
(b) Annual Accounts 1997/98
There was submitted Report No 749/98 by the Director of Finance indicating that, by statute, the Council had to complete Annual Accounts and submit these to the Accounts Commission no later than 30 June in each year.
Councillor King indicated that the 1997/98 Accounts, a copy of which had been circulated, had been completed and submitted by the due date and were now being audited. He asked the Council to acknowledge the effort put in by Finance Department staff and their colleagues in the Departments to achieve this.
The Council noted the terms of the Report.
7. A NEW ETHICAL FRAMEWORK - A CONSULTATION PAPER
With reference to Article 13 of the minute of meeting of the Policy and Resources Committee of 28 October 1997, there was submitted Report No 742/98 by the Director of Law and Administration indicating that, following consideration of the responses to the Nolan Committee Report, the Government had now published a consultation document entitled "A New Ethical Framework for Local Government in Scotland" indicating that the Government was committed to replacing the current arrangements with a new comprehensive ethical framework setting out clearly the conduct expected of those in Local Government.
A proposed response to each of the questions raised in the consultation paper was set out in the Appendix to the Report.
The Council approved the terms of the Report and agreed:-
(i) to welcome the consultation document entitled "A New Ethical Framework for Local Government in Scotland"; and
(ii) to submit the Appendix to Report No 742/98 as the Council’s response to the consultation paper.
8. ORDERS AND RESOLUTIONS
(i) Housing - Closing Orders
(a) Making
With reference to Article 3(b) of the minute of meeting of the Housing Committee of 26 May 1998, the Council agreed to make Closing Orders on the two properties listed in that minute, since they were unfit for human habitation and failed to meet the "tolerable standard" as prescribed in the Housing (Scotland) Act 1987;
(b) Revocations
With reference to Article 3(a) of the minute of meeting of the Housing Committee of 27 May 1998, the Council agreed to revoke the Closing Orders on the four properties listed in that minute, as the necessary works had been undertaken to bring them up to the "tolerable standard" as prescribed in the Housing (Scotland) Act 1987.
(ii) Roads - Various Orders Angus Council (Orchard Street, Arbroath) (Stopping-Up) Order 1998
With reference to Article 18(d) of the minute of meeting of the Roads Committee of 11 June 1998, the Council formally resolved to confirm the Stopping-Up Order in respect of roads and relative footways at Orchard Street, Arbroath;
(iii) Recreational Facilities - Management Rules
With reference to Article 7 of the minute of meeting of the Recreation and Cultural Services Committee of 4 June 1998, the Council formally resolved to make Management Rules for Leisure Facilities, Country Parks and Parks.
9. TAYSIDE HEALTH BOARD: CONSULTATION DOCUMENT ON PREFERRED CONFIGURATION OF NHS TRUSTS
There was submitted Joint Report No 744/98 by the Chief Executive and the Director of Social Work indicating that Tayside Health Board had issued a consultation document on proposals for the future configuration of Health Services across Tayside based on the proposals in the Government’s White Paper "Designed to Care".
Comments on the consultation document had been sought by 27 June 1998 and the Chief Executive had submitted a response, a copy of which was appended to the Report, emphasising that the comment was subject to any alterations or additions made at this meeting.
After hearing Councillor Murray, the Council approved the terms of the Report as being the Council’s response to the consultation document, subject to (i) the first proposal in the response being revised to indicate that Angus Council took the view that each local authority should, as of right, have member representation on the new Trusts, and (ii) the third proposal in the response being strengthened to suggest that it should be a requirement on Health Boards to decentralise.
10. ANGUS ARTS PRIZE
It was reported that the Council had established a partnership with Dundee University’s Duncan of Jordanstone College of Art and Design, part of which involved the award of an Angus Arts Prize in the form of a commission to a selected artist from the annual Degree Exhibition. The selected artist would be required to produce a piece of work based on one of the Council’s key themes.
The winner of the first Angus Arts prize was Alexe Dilworth, a printmaking student from Harris, who would now produce a proposal for the work which she would create for Angus Council. Once that had been agreed, she would have two months in which to complete the commission which would be handed over and displayed in a Council building.
The Council noted the position.
11. EXCLUSION OF PUBLIC AND PRESS
The Council resolved in terms of Standing Order No 27(3) that the public and press be excluded during consideration of the following matters so as to avoid the possible disclosure of information which was exempt in terms of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973, paragraphs 6, 8, 9, 10 and 13.
12. A92 PROJECT - COMPULSORY PURCHASE ORDER AND SIDE ROADS ORDER
There was submitted Report No 743/98 by the Director of Law and Administration recommending (a) the promotion of a Compulsory Purchase Order in respect of the acquisition of the necessary land for the A92 Project and (b) the making of a Side Roads Order for the purpose of stopping-up and diverting side roads and accesses and, where necessary, providing substitute roads and accesses to land affected by the project.
The Council approved the terms of the Report and agreed:-
(i) to resolve that the Compulsory Purchase Order and Side Roads Order be made jointly with Dundee City Council as Project Partners and that the Compulsory Purchase Order should run in parallel with negotiations to acquire the land by agreement;
(ii) to approve, in respect of Angus Council’s interest, the making of the Angus Council and Dundee City Council (A92 Dundee-Arbroath Dualling) Compulsory Purchase Order 1998;
(iii) to approve, in respect of Angus Council’s interest, the proposal to make the Angus Council and Dundee City Council (A92 Dundee-Arbroath Dualling) Stopping-Up of Side Roads, Private Accesses and Redetermination of the Exercise of Public Right of Passage) Order 1998;
(iv) to authorise the Director of Law and Administration to amend the draft Compulsory Purchase Order as necessary following upon confirmation with the Registers of Scotland as to the accuracy of ownership and boundaries of plots;
(v) to instruct the Director of Law and Administration to remit this Report and the draft Orders to Dundee City Council in order that they might take the necessary steps to formally approve the making of the Orders in respect of their interest;
(vi) to instruct the Director of Law and Administration and the Director of Finance to enter into further negotiations with Dundee City Council officials with a view to agreeing a mechanism which would enable the land acquisition and any related costs in respect of land situated within the Dundee City local government area to be met in the first instance by Dundee City Council and thereafter transferred to the A92 PFI concession company in due course;
(vii) notwithstanding recommendation (vi) above, to agree, in principle, that Angus Council could initially meet the land assembly costs in respect of land required in both Dundee City Council and Angus Council local government areas for the purposes of the A92 Project and that the costs involved be passed on to the concession company once financial close had been achieved; and
(viii) to note that a further Report detailing the outcome of ongoing discussions with Dundee City Council, and also the updated land acquisition estimated cost associated with the A92 so far as it impacted on Angus Council, would be reported to the Council along with the projected financial implications in due course.
The following item was, on the determination of the Provost, dealt with as a matter of urgency in view of the need to relet the contract to allow the work to be carried out during the summer months.
13. SURFACE DRESSING CONTRACTS A AND B - TENDER ACCEPTANCE
With reference to Article 18 of the minute of meeting of the Roads Committee of 30 April 1998, there was submitted Report No 746/98 by the Director of Roads indicating that the successful contractor had notified the Roads Department of its intention to withdraw from both of the above contracts.
In the circumstances, officers from the Roads Department had contacted the second lowest tenderers in each case to seek their agreement to undertake the contracts in the form of a package of both firms working together in partnership to allow the work to be carried out in the short timescale available for surface dressing work.
The Council approved the terms of the Report and agreed:-
(i) that the Director of Roads be authorised to negotiate and award the two contracts to Tayside Contracts, using Thistle Aggregates as a sub-contractor, on the condition that the individual tender sums would be no greater than the second place tenderer in each of the original contracts; and
(ii) that Kelbit Ltd be removed from the Standing List of Contractors for the Roads Department.