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ANGUS COUNCIL
MINUTE of MEETING of ANGUS COUNCIL held in the Town and County Hall, Forfar on Thursday 16 December 1999 at 4.00 pm.
Present: Provost Mrs FRANCES E DUNCAN, Councillors IAN ANGUS, BILL CROWE, FRANK ELLIS, JACK GIBB, ALISTAIR GRAY, JOHN HENDERSON, ALEX KING, THE HON R J LESLIE MELVILLE, DAVID LUMGAIR, STEWART McGLYNN, IAN MACKINTOSH, GLENNIS MIDDLETON, BILL MIDDLETON, BRIAN MILNE, JOY MOWATT, PETER MURPHY, ROB MURRAY, ROBERT MYLES, PETER NIELD, GEORGE NORRIE, HELEN OSWALD, KITTY RITCHIE, BILL ROBERTON, DAVID SELFRIDGE, RICHARD SPEIRS, SHEENA WELSH and SANDY WEST.
Apology: An apology for absence was intimated on behalf of Councillor STEPHEN LESLIE.
Provost Mrs FRANCES E DUNCAN in the Chair.
1. SIDLAW EAST AND ASHLUDIE BY-ELECTION
With reference to Article 6 of the minute of meeting of the Council of 4 November 1999, the Provost, on behalf of all members, welcomed Councillor Helen Oswald to her first meeting of Angus Council.
2. COUNCIL MINUTES
(a) Angus Council
The minute of meeting of the Council of 4 November 1999 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 of 9 November 1999 was submitted and approved.
(c) Housing Committee
The minute of meeting of the Housing Committee of 9 November 1999 was submitted and approved.
(d) Civic Licensing Committee
The minute of meeting of the Civic Licensing Committee of 9 November 1999 was submitted and approved.
(e) Development Control Committee
The minute of meeting of the Development Control Committee of 11 November 1999 was submitted and approved.
(f) Contract Services Committee
The minute of meeting of the Contract Services Committee of 16 November 1999 was submitted and approved.
(g) Social Work Committee
The minute of meeting of the Social Work Committee of 16 November 1999 was submitted and approved.
(h) Economic Development Committee
The minute of meeting of the Economic Development Committee of 18 November 1999 was submitted and approved.
(i) Recreation and Cultural Services Committee
The minute of meeting of the Recreation and Cultural Services Committee of 18 November 1999 was submitted and approved.
(j) Education Committee
The minute of meeting of the Education Committee of 23 November 1999 was submitted and approved.
(k) Planning and Transport Policy Committee
The minute of meeting of the Planning and Transport Policy Committee of 23 November 1999 was submitted and approved.
(l) Roads Committee
The minute of meeting of the Roads Committee of 23 November 1999 was submitted and approved.
(m) Personnel and Property Services Committee
The minute of meeting of the Personnel and Property Services Committee of 29 November 1999 was submitted and approved.
(n) Finance and Information Technology Committee
The minute of meeting of the Finance and Information Technology Committee of 29 November 1999 was submitted and approved.
(o) Civic Licensing Committee
The minute of meeting of the Civic Licensing Committee of 29 November 1999 was submitted and approved.
(p) Development Control Committee
The minute of meeting of the Development Control Committee of 2 December 1999 was submitted and, except as noted hereunder, approved:-
Planning Application No 99/01009/FUL - Construction of All Weather Play Area with Fence for Highland Adventure at Knockshannoch, Glenisla (Article 2(iv) refers)
It was reported that a request to be heard by the Council in connection with the above application had been received from Mr J Muir, the applicant.
Slides were shown, following which the applicant was heard.
THEREAFTER, COUNCILLOR HENDERSON, SECONDED BY COUNCILLOR MILNE, MOVED THE APPROVAL OF THE MINUTE - (i.e. THAT THE APPLICATION BE APPROVED, WITH THE FOLLOWING CONDITIONS):-
1 THAT THE PRECISE POSITION OF THE PROPOSED ALL-WEATHER PLAY AREA BE CLEARLY PEGGED OUT AND AGREED IN WRITING BY THE DIRECTOR OF PLANNING AND TRANSPORT PRIOR TO THE COMMENCEMENT OF WORKS;
2 THAT AN ACCURATE INDICATION OF THE HEIGHT OF THE PROPOSED CHAIN LINK FENCE IN RELATION TO THE LISTED BUILDING "KNOCKSHANNOCH" BE SUBMITTED AND APPROVED IN WRITING BY THE DIRECTOR OF PLANNING AND TRANSPORT PRIOR TO THE COMMENCEMENT OF WORKS;
3 THAT A LANDSCAPING PLAN BE SUBMITTED TO AND APPROVED BY THE DIRECTOR OF PLANNING AND TRANSPORT PRIOR TO THE COMMENCEMENT OF WORKS AND THEREAFTER IMPLEMENTED WITHIN THE FIRST PLANTING SEASON FOLLOWING THE COMMENCEMENT OF WORKS;
4 THAT BEFORE WORK WAS COMMENCED, A SAMPLE OF THE CHAIN LINK FENCE BE SUBMITTED FOR THE WRITTEN APPROVAL BY THE DIRECTOR OF PLANNING AND TRANSPORT;
5 THAT THE COLOUR OF THE BOARDING AND CHAIN LINK FENCE BE AGREED IN CONSULTATION WITH, AND TO THE SATISFACTION OF, THE DIRECTOR OF PLANNING AND TRANSPORT, PRIOR TO THE COMMENCEMENT OF WORKS;
6 THAT THE HEIGHT OF THE PROPOSED CHAIN LINK FENCE BE REDUCED FROM 4.2 METRES TO A MAXIMUM OF 3.2 METRES, TO THE SATISFACTION OF THE DIRECTOR OF PLANNING AND TRANSPORT;
7 THAT AN AREA OF BUNDING BE FORMED, 1000MM IN HEIGHT, BETWEEN THE LISTED BUILDING "KNOCKSHANNOCH" AND THE NORTH-WEST ELEVATION OF THE PROPOSED CHAIN LINK FENCE TO THE SATISFACTION OF THE DIRECTOR OF PLANNING AND TRANSPORT; AND
8 THAT A SECTIONAL DRAWING BE SUBMITTED TO AND APPROVED IN WRITING BY THE DIRECTOR OF PLANNING AND TRANSPORT, PRIOR TO THE COMMENCEMENT OF WORKS, INDICATING THE FINISHED LEVELS OF THE ALL-WEATHER PLAY AREA IN RELATION TO THE LISTED BUILDING "KNOCHSHANNOCH".
As an amendment, Councillor Ellis, seconded by Councillor McGlynn, moved that the application be refused for the reasons set out in Report No 1252/99 by the Director of Planning and Transport.
On a vote being taken the members voted:-
For the motion:
Provost Mrs Frances E Duncan, Councillors Milne, Angus, Crowe, Gibb, Henderson, The Hon R J Leslie-Melville, Lumgair, Mackintosh, Murphy, Murray, Myles, Norrie, Oswald, Roberton, Speirs, Welsh and West (18).
For the amendment:
Councillors Ellis, Gray, King, McGlynn, Glennis Middleton, Bill Middleton, Mowatt, Nield, Ritchie and Selfridge (10).
The motion was thereupon declared carried and the Council resolved accordingly.
(q) Policy and Resources Committee
The minute of meeting of the Policy and Resources Committee of 7 December 1999 was submitted and approved.
With reference to Article 16 of the minute of meeting, the Provost, on behalf of the Council, congratulated the Council Departments involved in gaining the Plain English Campaign Award and congratulated all departments who had received awards of various kinds.
3. JOINT BOARDS AND COMMITTEES
(a) Tayside Joint Police Board
The minute of meeting of the Tayside Joint Police Board of 23 August 1999 was submitted and noted.
(b) Tayside Fire Board
The minute of meeting of the Tayside Fire Board of 23 August 1999 was submitted and noted.
(c) Tayside Valuation Joint Board
The minute of meeting of the Tayside Valuation Joint Board of 23 August 1999 was submitted and noted.
(d) Tayside Contracts Joint Committee
The minute of meeting of the Tayside Contracts Joint Committee of 23 August 1999 was submitted and noted.
(e) Tay Road Bridge Joint Board
The minute of meeting of the Tay Road Bridge Joint Board of 6 September 1999 was submitted and noted.
4. MOTIONS
(a) Fuel Tax
Following notice given by Councillor King in terms of Standing Order 24, Councillor King, seconded by Councillor Gray, moved:-
"That this Council -
(i) notes the announcement by the Chancellor of the Exchequer that fuel tax is no longer to be automatically increased annually by a Fuel Tax Escalator of inflation plus 6%, but deplores the continued existence of the escalator and notes that the Chancellor has left himself the opportunity to apply any percentage he wishes on an annual basis;
(ii) notes the announcement that any future increases in the fuel tax are to be "ring fenced" for the provision of improvements to public transport;
(iii) notes that the Chancellor of the Exchequer has admitted that the escalator component of the fuel tax has little to do with measures to restrict global warming but was indeed just a mechanism to increase revenue from the motoring public; and
(iv) therefore urges the Chancellor of the Exchequer to now "ring fence" that revenue currently raised from the existing escalator portion of fuel tax to be used for further improvements to public transport and for measures to reduce road congestion and improve roads infrastructure."
The Council resolved unanimously to approve the motion.
(b) Water Charges and Low Income Households
Following notice given by Councillor Glennis Middleton in terms of Standing Order 24, Councillor Glennis Middleton, seconded by Councillor Roberton, moved:-
"That this Council:
(i) expresses its concern that increases in charges for water and sewerage services have raised serious questions about the "affordability" of these services for low income households;
(ii) notes that recent research commissioned by the Scottish Water and Sewerage Customers Council suggests that rapidly rising water and sewerage charges place a heavy and disproportionate financial and social burden on low income households, and that information collected by a number of authorities confirms this view; and
(iii) in the light of this evidence, calls on COSLA to support the Scottish Local Government Forum Against Poverty’s call for the Scottish Executive to investigate the effectiveness of the extension of Council Tax Benefit as a means of delivering support to the water and sewerage charges of low income households and into the funding of such support."
The Council resolved unanimously to approve the motion.
(c) Children’s Reporter Services in Angus
Following notice given by Councillor Glennis Middleton in terms of Standing Order 24, Councillor Glennis Middleton, seconded by Councillor Oswald, moved:-
"That this Council:
(i) expresses its serious concern at the outcome of the recent internal review of the Scottish Children’s Reporter Administration’s staffing and structure which involves the integration of the Dundee and Angus teams into a single management unit; and
(ii) authorises the Chief Executive to seek assurances from SCRA that there will be no diminution of service for vulnerable children in Angus, and in particular that children's hearings will continue to be held in premises in both Arbroath and Forfar which comply with SCRA’s Property Standards approved by their Board on 9 September 1999."
The Council resolved unanimously to approve the motion.
The following matter was, on the determination of the Provost, dealt with as a matter of urgency in light of the recent Tayside Health Board announcement.
(d) Acute Service Review - THB
Councillor Murray, seconded by Councillor Mowatt, moved:
"That this Council:
(a) calls on Tayside Health Board:
(i) to reconsider its choice of Chairman for the Acute Services Review and appoint an independent Chairperson so that the people of Angus can have faith in the review process;
(ii) to keep the promise given to hold public meetings throughout Angus to consult on all the options included in the interim Report; and
(iii) to ensure that all decisions taken as a result of the review are made on the basis of need rather than being driven purely by finance;
(b) instructs the Chief Executive to write to the Chair of Tayside Health Board in terms of this motion; and
(c) requests the Minister for Health and Community Care to meet a delegation from the Council, and instructs the Chief Executive, in consultation with the Leader of the Administration and the Convener of the Finance and Information Technology Committee, to prepare information for submission to the Minister in support of the Council’s case".
The Council resolved unanimously to approve the motion.
5. APPOINTMENTS
(a) Standing Committees/Outside Bodies
There was submitted Report No 1269/99 by the Director of Law and Administration requesting that consideration be given to filling the vacancies on various Standing Committees and outside bodies.
The Council resolved:-
(i) to appoint Councillor Oswald to the undernoted Standing Committees:
Civic Licensing
Education
Planning and Transport Policy
Recreation and Cultural Services
Roads
(ii) to nominate Councillor Oswald as the Council’s representative on the undernoted outside bodies:
Morgan Trust
Forfarshire Society for the Blind
Monifieth Golf Links Committee of Management
Travelling People’s Advisory Group; and
(iii) to nominate Councillor Ellis as the Council’s representative on the Sharp Trust.
(b) Tayside Council on Alcohol Board
The Council resolved that expressions of interest from the opposition groups for appointment to the Board of the Tayside Council on Alcohol be submitted to the Chief Executive.
6. EXECUTIVE SUB-COMMITTEE OF THE POLICY AND RESOURCES COMMITTEE
The Council resolved to delegate powers to the Executive Sub-Committee of the Policy and Resources Committee in respect of any emergency issues that might arise over the Millennium period.
GENERAL BUSINESS
7. MONIFIETH HIGH SCHOOL - DELINEATED AREA
There was submitted Report No 1281/99 by the Director of Education providing details of representations received in the context of a consultation exercise recently undertaken on proposals to amend the delineated area of Monifieth High School.
Following consideration of the representations received in the context of the consultation exercise, the Council resolved:-
(i) subject to the approval of Scottish Ministers in accordance with current legislation, to delete from the delineated area of Monifieth High School the area shown in Appendix A to the Report;
(ii) to note that the area shown in Appendix A:-
(a) lay entirely outwith the boundaries of Angus Council;
(b) formed a part of the delineated area of Barnhill Primary School (Dundee) which in turn was also part of the delineated area of Grove Academy (Dundee);
(c) consisted of new housing developments currently being undertaken by Wimpey Homes, Tulloch Homes, Persimmon Homes and Cala Homes as well as the Barnhill section of the Balgillo Park Estate and the rural part of the Barnhill area to the north of these developments; and
(d) was described in Report No 999/99 as "Area A" - the area suggested for deletion from the Monifieth High School delineated area as one of the proposals on which formal consultation had now taken place;
(iii) to note that future parental placing requests for Monifieth High School might well be successful and to instruct the Director of Education to continue to accept such requests whenever possible;
(iv) that, in the event it was necessary in future to refuse any placing requests for Monifieth High School, in order to recognise the situation in which families currently living in the delineated area (shown in Appendix A) found themselves:-
(a) "Priority 1" status for enrolment in Monifieth High School should be conferred on the younger siblings of any children currently (December 1999) enrolled in Monifieth High School and living in the deleted area (shown in Appendix A);
(b) notwithstanding the effective implementation of the proposed amendment to the delineated area (which was dependent on the time taken by Scottish Ministers to consider the proposal), "Priority 1" status for enrolment in Monifieth High School in August 2000 should be conferred on any children living in the deleted area (shown in Appendix A) and currently (December 1999) enrolled in a Primary 7 class in any primary school within the Monifieth Cluster Group (including Barnhill Primary School); and
(c) the Director of Education be instructed to accord a higher priority to future placing requests for Monifieth High School from any one of the 44 families who continued to reside in the deleted area (shown in Appendix A) whose children continued to be enrolled in a primary class in Barnhill Primary School (or any other primary school within the Monifieth Cluster Group) than to any other placing requests from "Priority 3" parents living outwith the proposed delineated area of Monifieth High School.
(v) to note that the arrangements recommended in (iv) above were temporary in nature, and should be interpreted as an additional feature of the Council’s current policy on the prioritisation of placing requests; and
(vi) that the Director of Education seek the formal approval of Scottish Ministers to the above proposals.
8. COMMUNITY COUNCIL SCHEME REVIEW
With reference to Article 10 of the minute of meeting of Angus Council of 4 November 1999, there was submitted Report No 1285/99 by the Chief Executive setting out proposals to formally advertise the proposed revised Community Council Scheme, and the consultation procedures which should be undertaken by the Council.
The Council resolved:-
(i) to note the contents of the Report;
(ii) to note the unresolved boundary amendments proposed by Aberlemno; Lundie, Muirhead and Birkhill; Monikie and Newbigging; and Letham Community Councils previously detailed in Report No 1075/99;
(iii) to instruct the Working Group and the appropriate officers, to develop proposals to resolve the boundary amendments as proposed in the Report; and
(iv) to instruct officials to proceed with the formal review process.
The following matter was, on the determination of the Provost, dealt with as a matter of urgency in order that timeous action could be taken in the light of the recent announcement by the Scottish Executive.
9. 2000/2001 GENERAL FUND REVENUE BUDGET - ANNOUNCEMENT OF ANGUS COUNCIL EXPENDITURE GUIDELINE, GRANT AIDED EXPENDITURE AND AGGREGATE EXTERNAL FINANCE ALLOCATIONS
There was submitted Report No 1287/99 by the Director of Finance advising members of the contents of the Scottish Executive Finance Circular 9/1999 in relation to the 2000/2001 local government finance settlement, specifically in relation to Angus Council’s Expenditure Guideline and GAE and AEF allocations.
The Report indicated that the Scottish Executive had increased Angus Council’s Expenditure Guideline by £4.002m which included an as yet underdetermined amount for new burdens and hypothecated (ring-fenced) resources. After allowing for new burdens and hypothecated sums, Angus Council’s increase in spending power under the Expenditure Guideline system in 2000/2001, would be much less than the headline 3% increase identified. The increase in spending power under the Expenditure Guideline system had not been fully matched by additional government grant resources which had increased by only £1.913m (1.8%) between the years.
The Council resolved:-
(i) to note the contents of the Report;
(ii) to note that the Angus Council Expenditure Guideline for 2000/2001 had been set at £136.820m;
(iii) to note that the Angus Council GAE allocation for 2000/2001 had been set at £124.762m;
(iv) to note that the Angus Council AEF allocation for 2000/2001 had been set at £110.675m;
(v) to note that all Chief Officers were already well advanced in identifying revenue budget savings options for consideration in order that the Expenditure Guideline set by the Scottish Executive could be achieved; and
(vi) to note that a further more detailed report on the local government finance settlement announcements would be submitted to the Finance and Information Technology Committee on 1 February 2000.
10. ORDERS AND RESOLUTIONS
(i) Roads - Traffic Orders
Angus Council (High Street, Arbroath) (Variation of Waiting Restrictions) Order 1999
With reference to Article 6(e) of the minute of meeting of the Roads Committee of 23 November 1999, the Council resolved to make the above Order.
(ii) Housing - Closing Orders
With reference to Article 8 of the minute of meeting of the Housing Committee of 9 November 1999, the Council resolved to make Closing Orders on the properties listed in the minute, which failed to meet the "tolerable standard" as prescribed in the Housing (Scotland) Act 1982.
(iii) Byelaws
Prohibition on Consumption of Alcohol in Designated Public Places within Brechin, Carnoustie and Montrose
With reference to Article 4(c) of the minute of meeting of Angus Council of 18 February 1999, there was submitted Report No 1284/99 by the Director of Law and Administration presenting the Byelaws for the prohibition of the consumption of alcohol in designated public places in Brechin, Carnoustie and Montrose.
The Council resolved:-
(i) to note that consultation had taken place with the Procurators Fiscal of Forfar and Arbroath and also Tayside Police and that support had been expressed for the Byelaws as presented; and
(ii) to make the above Byelaws as presented.
11. 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 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 8 and 9.
12. TENDERS
(a) New Build Factory Units, Brechin Business Park
With reference to Article 8 of the minute of meeting of the Personnel and Property Services Committee of 31 August 1999, there was submitted Report No 1283/99 by the Director of Property Services reporting on tenders received for the design and build of two new Factory Units at the new Brechin Business Park.
The Council resolved:-
(i) to approve the acceptance of the tender from Hall and Tawse Limited, Dundee for the several works in the amount of £712,955.12;
(ii) to approve the estimated total cost of £2,492,413 (at out-turn prices);
(iii) to note that provision for this project, which included funding from the Central Challenge Fund Edzell Area Regeneration Strategy, European Regional Development Fund and Scottish Enterprise Tayside had been made in the Final Revenue and Capital Budgets 1999/2000; and
(iv) to note the revenue implications arising from this project (first full year 2001/2002) as detailed in the Report.
(b) Gateway to the Glens Museum, Old Townhouse, Kirriemuir
There was submitted Joint Report No 1282/99 by the Acting Director of Cultural Services and the Director of Property Services reporting on tenders received for developments to the Gateway to the Glens Museum, Old Townhouse, Kirriemuir.
The Council resolved:-
(i) to approve the acceptance of the lowest tender for the several works, that of FMS Construction Limited, Forfar in the amount of £81,513.55;
(ii) to approve the estimated total capital cost of £237.997 (at out-turn prices);
(iii) to note that an allowance of £308,000 had been made for this project in the Final Revenue and Capital Budgets 1999/2000 and that this amount included funding from the Heritage Lottery Fund, the European Regional Development Fund, Scottish Enterprise Tayside and the Angus Council Local Capital Fund; and
(iv) to note that the estimated additional revenue expenditure arising from this project (first full year 2001/2002) was £40,700 per annum in respect of running charges calculated as follows:-
| Staff | 1 part-time curator, 2 part-time museum assistants, 1 Saturday assistant and 1 part time cleaner/caretaker | 36,250 |
| Property | Ongoing maintenance, cleaning, energy and other recurring costs | £4,450 |
The following matter was, on the determination of the Provost, dealt with as a matter of urgency in view of the need to accept the tenders within the timescale required by the ERDF funding.
(c) New Visitor and Interpretative Centre, Arbroath Abbey
With reference to Article 17 of the minute of meeting of the Planning and Transport Policy Committee of 23 November 1999, there was submitted Joint Report No 1286/99 by the Director of Planning and Transport and the Director of Property Services reporting on tenders received for the construction of a New Visitor and Interpretative/Exhibition facility to serve Arbroath Abbey.
The Council resolved:-
(i) to approve the acceptance of the lowest tender for the several works, that of Clachan Construction Limited, Perth in the amount of £1,680,050.08 subject to implementation of savings amounting to £167,050.08;
(ii) to approve the estimated total cost of £1,790,000 (at out-turn prices);
(iii) to note that provision of £1,750,000, which included funding from Angus Council’s Local Capital Fund, Scottish Enterprise Tayside, Historic Scotland and European Regional Development Fund was approved by the Planning and Transport Policy Committee on 14 October 1999;
(iv) to approve an additional provision of £20,000 from the Local Capital Fund; and
(v) to note that Scottish Enterprise Tayside had verbally agreed to contribute an additional £20,000 to the project.