ANGUS COUNCIL
MINUTE of MEETING of ANGUS COUNCIL held in the Town and County Hall, Forfar on Thursday 4 November 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, STEPHEN LESLIE, DAVID LUMGAIR, STEWART McGLYNN, IAN MACKINTOSH, GLENNIS MIDDLETON, BRIAN MILNE, JOY MOWATT, PETER MURPHY, ROB MURRAY, ROBERT MYLES, PETER NIELD, GEORGE NORRIE, KITTY RITCHIE, BILL ROBERTON, DAVID SELFRIDGE, RICHARD SPEIRS, SHEENA WELSH and SANDY WEST.
Apology: An apology for absence was intimated on behalf of Councillor BILL MIDDLETON
Provost Mrs FRANCES E DUNCAN in the Chair.
1. DEPUTATIONS - DUNDEE CITY COUNCIL BOUNDARY ISSUES
With reference to Article 15 of the minute of meeting of the Policy and Resources Committee of 26 October 1999, the Council agreed to receive deputations from the following Community Councils.
(a) Strathmartine Community Council
James Bruce outlined the concerns of the Community Council regarding Dundee City Council’s proposals. He highlighted the fact that Dundee City Council had not consulted with any of the residents within the affected area, and that the proposed changes would prevent the Community Council undertaking any long term community plans, until the matter was resolved decisively. Mr Bruce sought the support of Angus Council in putting forward a case to the Local Government Boundary Commission for the retention of the area within Angus Council.
(b) Murroes and Wellbank Community Council
Gordon Wishart, Chairman, spoke in relation to the impact the proposed boundary changes would have in terms of the removal of 300 acres of farm land, in addition to ground that had been identified for recreational purposes.
(c) Fowlis, Liff and Balruddery Community Council
David Hagen emphasised the geographical and environmental reasons for the retention of the area within Angus and requested that Angus Council consider, in terms of their submission to the Local Government Boundary Commission, the inclusion within Angus of the area up to and including the A90 Dundee-Perth dual-carriageway (including the area of Benvie).
Reference was also made to the impact the proposals would have in relation to Liff Primary School and the concerns of all the parents whose children attended the school.
The Provost thanked the representatives of the Community Councils for their submissions and assured them that they would have the support of the Council in their campaign to stay within the Angus Council area.
2. PRESENTATION - NORTH OF SCOTLAND WATER AUTHORITY
Colin Rennie, Chairman and Alistair Findlay, Chief Executive of the North of Scotland Water Authority (NoSWA) gave a joint presentation to the Council outlining its functions and objectives and the timescales in which NoSWA hoped to make targeted improvements to the water supply and drainage arrangements in Angus.
Mr Findlay, in response to a question by Councillor King concerning the impact of construction work relating to the Hatton Waste Water Treatment Plant project, particularly during the summer tourist season, indicated that it was their intention to ensure that the contractors undertaking this work would stay clear of the holiday period and that it was NoSWA's intention to undertake full local consultation regarding the arrangements.
Following a number of other questions the Provost thanked Mr Rennie and Mr Findlay for their presentations.
3. COUNCIL MINUTES
(a) Angus Council
The minute of meeting of the Council of 16 September 1999 was submitted, approved as a correct record and signed by the Provost.
Acute Services Review
With reference to Article 3(d) the Chief Executive reported on the developments since the last meeting, including the cross-party meeting with the Minister for Health and Community Care on 15 October 1999. After discussion, the Council unanimously approved a motion by Councillor Murray that the Council:-
(i) express concern that so-called "operational changes", which were in effect cuts, were being imposed at Stracathro Hospital while the Acute Services Review was on-going as, normally, when a major review was being conducted the status quo remained until the review was completed;
(ii) urge Tayside Health Board and Tayside University Hospitals NHS Trust to maintain the status quo at Stracathro Hospital pending the outcome of the Acute Services Review; and
(iii) in the event of a funding difficulty, be prepared to join with Tayside Health Board and Tayside University Hospitals NHS Trust in pressing the Minister for Health and Community Care to make available sufficient funds to maintain the status quo at Stracathro Hospital pending the outcome of the review.
(b) Environmental and Consumer Protection Committee
The minute of meeting of the Environmental and Consumer Protection Committee of 28 September 1999 was submitted and approved.
(c) Housing Committee
The minute of meeting of the Housing Committee of 28 September 1999 was submitted and approved.
(d) Civic Licensing Committee
The minute of meeting of the Civic Licensing Committee of 28 September 1999 was submitted and approved.
(e) Development Control Committee
The minute of meeting of the Development Control Committee of 30 September 1999 was submitted and approved.
(f) Contract Services Committee
The minute of meeting of the Contract Services Committee of 5 October 1999 was submitted and approved.
(g) Social Work Committee
The minute of meeting of the Social Work Committee of 6 October 1999 was submitted and approved.
(h) Economic Development Committee
The minute of meeting of the Economic Development Committee of 7 October 1999 was submitted and approved.
(i) Recreation and Cultural Services Committee
The minute of meeting of the Recreation and Cultural Services Committee of 7 October 1999 was submitted and approved.
(j) Planning and Transport Policy Committee
The minute of meeting of the Planning and Transport Policy Committee of 14 October 1999 was submitted and approved.
(k) Roads Committee
The minute of meeting of the Roads Committee of 14 October 1999 was submitted and approved.
(l) Personnel and Property Services Committee
The minute of meeting of the Personnel and Property Services Committee of 19 October 1999 was submitted and approved.
(m) Finance and Information Technology Committee
The minute of meeting of the Finance and Information Technology Committee of 19 October 1999 was submitted and approved.
(n) Education Committee
The minute of meeting of the Education Committee of 19 October 1999 was submitted and approved.
(o) Civic Licensing Committee
The minute of meeting of the Civic Licensing Committee of 19 October 1999 was submitted and approved.
(p) Development Control Committee
The minute of meeting of the Development Control Committee of 21 October 1999 was submitted and approved, subject to the following amendment:
Appendix - Application 99/00802/FUL Note 2 to read: "Councillor The Hon R J Leslie Melville belatedly declared an interest at the close of debate on this item, having earlier indicated that she had no interest".
(q) Policy and Resources Committee
Angus Council By-Election
With reference to Article 14, the Committee resolved that the meetings of the Planning and Transport and Roads Committees would take place on Tuesday 23 November 1999, following the meeting of the Education Committee.
Angus Council Owned Golf Courses
With reference to Article 20, the Council resolved that the Councillor members of the Member/Officer Working Group be Councillors Angus, Crowe, Gibb, King and Murphy.
4. MOTIONS
(a) Safety of the Travelling Public
Councillor King had given notice of the following motion in terms of Standing Order 24:
"THAT THIS COUNCIL:-
(A) EXPRESSES ITS SYMPATHY WITH THE FAMILIES OF THOSE WHO LOST THEIR LIVES IN THE RECENT TRAIN ACCIDENT AT PADDINGTON AND EXTENDS ITS BEST WISHES FOR A SPEEDY RECOVERY TO THOSE INJURED;
(B) NOTES THE PUBLIC’S PERCEPTION THAT, IN THE RECENT YEARS SINCE PRIVATISATION, THERE HAS BEEN AN APPARENT INCREASE IN INCIDENTS INVOLVING SAFETY OF THE TRAVELLING PUBLIC ON ALL SYSTEMS INVOLVING MASS PASSENGER TRANSPORT, IN THE AIR AND AT SEA AS WELL AS BY RAIL;
(C) CALLS ON THE GOVERNMENT AND THE RAIL INDUSTRY TO IMMEDIATELY TAKE ACTION TO IMPLEMENT ATP ON ALL MAIN RAIL LINES, HEAVILY TRAFFICKED COMMUTER LINES AND THE APPROACHES TO ALL MAJOR RAIL STATIONS AND TERMINI;
(D) WELCOMES THE GOVERNMENT’S DECISION TO REMOVE SAFETY MATTERS FROM RAILTRACK AND TO PLACE RAIL SAFETY UNDER AN INDEPENDENT BODY, BUT EXPRESSES THE VIEW THAT THE GOVERNMENT SHOULD GO FURTHER AND SHOULD PLACE ALL RAIL TRAFFIC MOVEMENTS UNDER THE CONTROL OF A RAIL TRAFFIC CONTROL AUTHORITY WHO SHOULD BE RESPONSIBLE FOR ALL ASPECTS OF THE CONTROL OF RAIL TRAFFIC MOVEMENTS AND SIGNALLING - SIMILAR TO AIR TRAFFIC CONTROL;
(E) NOTES THE GOVERNMENT’S INTENTIONS TO PERSIST WITH THE PROPOSED PRIVATISATION OF AIR TRAFFIC CONTROL AND EXPRESSES ITS CONCERNS FOR THE FUTURE OF AIR SAFETY IN AND OVER THE UK SHOULD THIS COME TO PASS, AND THEREFORE URGES THE GOVERNMENT TO RETAIN AIR TRAFFIC CONTROLLERS IN THE PUBLIC SECTOR; AND
(F) FURTHER EXPRESSES THE VIEW THAT PASSENGER SAFETY IN ALL FORMS OF MASS PASSENGER TRANSFER SHOULD BE PARAMOUNT OVER SHAREHOLDERS INTERESTS."
Councillor King, seconded by Councillor Selfridge, moved approval of the motion.
As an amendment, Councillor Speirs, seconded by Councillor Nield, moved that (d) be amended to read "Angus Council urges the Government to return Railtrack to public ownership to ensure that rail safety is put ahead of profit".
On a vote being taken, the members voted:
For the motion:
Provost Mrs Frances E Duncan, Councillors Milne, Angus, Crowe, Ellis, Gray, King, Leslie, Lumgair, McGlynn, Mackintosh, Middleton, Mowatt, Murphy, Murray, Norrie, Roberton, Selfridge, Welsh and West (20).
For the amendment:
Councillors The Hon R J Leslie Melville, Nield and Speirs (3).
No vote:
Councillors Gibb and Henderson (2).
The motion was thereupon declared carried and the Council resolved accordingly.
(b) Tuition Fees
Councillor Angus had give notice of the following motion in terms of Standing Order 24:
"THAT THIS COUNCIL:-
(A) REJECTS THE NOTION OF A GRADUATE TAX AS A QUICK FIX REPLACEMENT FOR THE DISCREDITED TUITION FEES POLICY; AND
(B) CALLS ON THE SCOTTISH EXECUTIVE TO SCRAP TUITION FEES AND STUDENT LOANS AND DEMANDS A RETURN TO A MORE EQUITABLE METHOD OF STUDENT FUNDING".
Councillor Angus, seconded by Councillor Gray, moved approval of the motion.
As an amendment, Councillor Murphy, seconded by Councillor Nield moved:
"That this Council calls on the Scottish Executive to scrap tuition fees and student loans and demands a return to a more equitable method of student funding".
On a vote being taken, the members voted:
For the motion:
Provost Mrs Frances E Duncan, Councillors Milne, Angus, Crowe, Ellis, Gibb, Gray, Henderson, King, The Hon R J Leslie Melville, Leslie, Lumgair, McGlynn, Mackintosh, Middleton, Mowatt, Murray, Norrie, Roberton, Selfridge, Welsh and West (22)
For the amendment:
Councillors Murphy, Nield and Speirs (3)
The motion was thereupon declared carried and the Council resolved accordingly.
(c) Carnoustie Links
Councillor Selfridge had given notice of the following motion in terms of Standing Order 24.
"That this Council:
(i) reaffirms its commitment to the area of Carnoustie Links, within its currently existing and recognised boundaries, being retained in perpetuity as a recreational area and used as a pleasure ground or place of public resort or recreation;
(ii) confirms that it would not, as land owners, promote any development on the Links without the fullest public consultation with the people of Carnoustie; and
(iii) instructs the Director of Law and Administration to investigate, in the light of proposed legislation to be brought forward by the Scottish Parliament, any mechanisms whereby the previous burdens over the land can be reintroduced."
Councillor Selfridge, seconded by Councillor Murphy, moved approval of the motion, and 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 order that timeous action could be taken by the Scottish Executive.
(d) Local Government Finance and Responsibilities
Councillor Murray, seconded by Councillor King moved:
"That this Council calls on the Scottish Executive and the Scottish Parliament:
(i) to make provision in the local government settlements to fund pay awards;
(ii) to allow Councils more discretion and more freedom in setting their budgets;
(iii) to provide, as a matter of urgency, additional capital resources to enable Councils to improve the structure and fabric of their schools, infrastructure and other community facilities; and
(iv) to make a commitment to the early introduction of legislation granting Councils a power of general competence to act in the overall interests of their communities."
The Council resolved unanimously to approve the motion.
5. APPOINTMENTS
(i) Equal Opportunities Members and Officers Networks
The Council resolved to approve the nomination of Councillor Glennis Middleton as a member of the Zero Tolerance Charitable Trust Board of Trustees and the UK Working Group of Women Elected Members.
(ii) National Parks Bill Task Group
The Council resolved that expressions of interest from Councillors who wished to participate in the work of the COSLA Task Group be submitted to the Chief Executive.
(iii) North of Scotland Water Authority Board
With reference to Article 6 of the minute of meeting of the Policy and Resources Committee of 9 February 1999, the Council resolved to note the appointment of Councillor Rob Murray to the Board of the above body and authorised him to attend all meetings in connection with the Water Authority.
(iv) Kirriemuir Area Forum
With reference to Article 6(b) of the minute of meeting of Angus Council of 30 June 1999, the Council resolved to approve the appointment of Councillor Henderson as Chair of the Kirriemuir Area Forum.
(v) Noranside Prison Visiting Committee
With reference to Article 6(a) of the minute of meeting of Angus Council of 30 June 1999, the Council resolved that, in light of guidance issued by the Association of Visiting Committees for Scottish Penal Establishments, the current vacancy on the above Committee, arising from Mr Stewart Mowatt's resignation, be advertised.
6. WARD 17 - SIDLAW EAST AND ASHLUDIE
The Council resolved to note the resignation of Catherine Ellis, with effect from 30 September 1999, as the Councillor for the above ward.
7. POLICY LED BUDGETING - PHASE 2 PROJECTS
With reference to Article 7 of the minute of meeting of the Policy and Resources Committee of 7 September 1999, there was submitted Joint Report No 1097/99 by the Chief Executive and the Director of Finance advising members of the progress of the Policy Led Budgeting Initiative and outlining the criteria used to assess the Phase 2 proposals submitted for funding under policy led budgeting.
The Report indicated that Angus Council had adopted a strategic planning approach in order to discharge its responsibilities in an efficient and effective manner. Policy led budgeting was the integration of the strategic planning and budget setting processes and was an approach aimed at ensuring that corporate objectives were achieved within resources available. The Report provided details of projects to be considered for funding from funds made available in the 1999/2000 budget setting process. It was envisaged that, with slippage, the cost of the three projects being recommended for funding, could be contained within the budget provision made available for Policy Led Initiatives for 1999/2000.
The Council resolved:
(i) to note the seven proposals submitted for funding under Phase 2 of the Council's policy led budget initiative (Appendix 1 of the Report); and
(ii) to approve the three Phase 2 proposals which were recommended for funding under the Policy Led Budgeting Initiative (Appendix 2 of the Report).
8. YEAR 2000 NATIONAL INFRASTRUCTURE FORUM REPORT
With reference to Article 13 of the minute of meeting of the Policy and Resources Committee of 22 June 1999, there was submitted Report No 1099/99 by the Director of Information Technology detailing the outcome of an independent assessment of the Council’s preparedness for Year 2000 carried out by the Accounts Commission and appending the Scottish Executive’s Report to the National Infrastructure Forum relating to all Scottish local authorities.
The second independent assessment undertaken by the Accounts Commission had concluded that Angus had been classified as "blue" status, which indicated that the assessment had not identified any risk of material disruption to service delivery. Nevertheless, despite the favourable assessment, officers involved in all Departments were continuing to extend the work already completed and test contingency plans in the period leading up to the Millennium.
The Council resolved:
(i) to note the contents of the Scottish Executive Report; and
(ii) to note the progress made to date to minimise any disruption to the delivery of Council services arising from problems associated with the Year 2000.
9. FLOOD PREVENTION AND LAND DRAINAGE (SCOTLAND) ACT 1997 REPORTING
With reference to Article 3(c) of the minute of meeting of Angus Council of 6 November 1997, there was submitted Joint Report No 1100/99 by the Director of Roads and the Director of Law and Administration presenting a proposed Report to be published for public information under the Flood Prevention and Land Drainage (Scotland) Act 1997. The Report indicated that the main provisions of the Act had come into force on 26 May 1997. One of the duties imposed by the Act was the requirement on the Council to prepare and publish a Report bi-annually for public information purposes. A draft of the proposed Report was appended for consideration.
The Council resolved:
(i) to note the requirement of the Act to publish a Report prior to 26 November 1999;
(ii) to approve the content of the draft Report for publication; and
(iii) to agree that a public notice alerting the public to the publication of the Report be published in "The Courier and Advertiser", with copies of the Report itself being made available at various Council Offices, the Monifieth Access Office and at Council Libraries.
10. COMMUNITY COUNCIL SCHEME - REVIEW COMPLETION
With reference to Article 16 of the minute of meeting of the Policy and Resources Committee of 26 October 1999, the Council resolved that, in light of late submissions having been received, consideration of the Community Council Scheme be deferred until such time as the Community Council Working Group had met to consider the submissions.
11. ORDERS AND RESOLUTIONS
Roads - Traffic Orders
Angus Council (St Andrew Street, Brechin) (Prohibition of Entry) Order 1998
With reference to Article 13a of the minute of meeting of the Roads Committee of 14 October 1999, the Council resolved to make the above Order.
The following matter was, on the determination of the Provost, dealt with as a matter of urgency in order that no delay would result in the proposed project.
12. FORFAR MILLENNIUM PROJECT - ENHANCED CHRISTMAS LIGHTING DISPLAY
REQUEST FOR CONTRIBUTION FROM FORFAR COMMON GOOD FUND
There was submitted Report No 1099/99 by the Director of Property Services indicating that Forfar Community Council had adopted the provision of enhanced Christmas lighting displays in the town as its Millennium project and additional funding had been raised from the public and local traders. The Community Council had asked that, for this year only, in view of the unique circumstances surrounding the Millennium, and in recognition of the support given by the local community, the maximum contribution from the Common Good Fund towards Christmas lighting be increased to £10,000.
The Council resolved:
(i) to note that there had been a special local fund raising effort by Forfar Community Council to buy new lighting displays for the Millennium; and
(ii) to approve a contribution to the new lighting display costs from the Forfar Common Good Fund on a pound for pound basis up to a maximum sum of £10,000.
13. 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 item 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 and 9 .
14. WBS KEILLOR LTD - REDEMPTION OF INVESTMENT
With reference to Article 8 of the minute of meeting of the Economic Development Committee of 17 January 1996, there was submitted Joint Report No 1114/99 by the Chief Executive and the Director of Finance seeking approval to authorise redemption of the Council’s investment in WBS Keillor Ltd.
The Council resolved:-
(i) to approve, in principle, the sale of the coach building division of WBS Keillor Ltd Meadowsearch Ltd; and
(ii) to agree to redeem all equity interests relating to Angus Council's shareholding in WBS Keillor Ltd and the repayment of the outstanding loan to the Council on the terms and conditions detailed in the Report.