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ANGUS COUNCIL

MINUTE of MEETING of ANGUS COUNCIL held in the Town and County Hall, Forfar on Thursday 14 December 2000 at 4.00 pm.

Present: Provost Mrs FRANCES E DUNCAN OBE, 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, BILL MIDDLETON, BRIAN MILNE, JOY MOWATT, PETER MURPHY, ROB MURRAY, ROBERT MYLES, PETER NIELD, GEORGE NORRIE MBE, HELEN OSWALD, KITTY RITCHIE, BILL ROBERTON, DAVID SELFRIDGE, SHEENA WELSH and SANDY WEST.

Provost Mrs FRANCES E DUNCAN OBE, in the Chair.

Prior to the commencement of business, the Provost welcomed Chief Constable John Vine to his first meeting of Angus Council.

1. COUNCIL MINUTES

(a) Angus Council

The minute of meeting of Angus Council of 2 November 2000 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 7 November 2000 was submitted and approved.

(c) Housing Committee

The minute of meeting of the Housing Committee of 7 November 2000 was submitted and approved.

(d) Civic Licensing Committee

The minute of meeting of the Civic Licensing Committee of 7 November 2000 was submitted and approved.

(e) Development Control Committee

The minute of meeting of the Development Control Committee of 9 November 2000 was submitted and, except as noted hereunder, approved:

Enforcement Action­Small Holding, Memus Village (Article 6(a))

Slides were shown, following which Louise Clark, on behalf of Miss Betsy McIntosh, addressed the Council.

Councillor McGlynn, seconded by Councillor Ellis, moved that the recommendation of the Committee be approved, namely that an amended Enforcement Notice be re-served requiring the removal of one of the two caravans recently installed on the site and that negotiations continue with the occupier or her representative to secure further improvements to the appearance of the site (Option 3).

COUNCILLOR KING, SECONDED BY COUNCILLOR MILNE, MOVED AS AN AMENDMENT, THAT THE DIRECTOR OF PLANNING AND TRANSPORT CONTINUE TO SEEK VOLUNTARY IMPROVEMENTS (OPTION 2).

On a vote being taken, the members voted:-

For the motion:-

Provost Duncan, Councillors Angus, Ellis, Gibb, McGlynn, Ritchie, Selfridge and West (8)

For the amendment:-

Councillors Crowe, Gray, Henderson, King, Leslie-Melville, Leslie, Lumgair, Mackintosh, Glennis Middleton, Bill Middleton, Milne, Mowatt, Murphy, Murray, Myles, Nield, Norrie, Oswald, Roberton and Welsh (20).

The amendment was thereupon declared carried and the Council resolved accordingly.

(f) Contract Services Committee

The minute of meeting of the Contract Services Committee of 14 November 2000 was submitted and approved.

(g) Social Work Committee

The minute of meeting of the Social Work Committee of 14 November 2000 was submitted and approved.

(h) Recreation and Cultural Services Committee

The minute of meeting of the Recreation and Cultural Services Committee of 17 November 2000 was submitted and approved.

(i) Economic Development Committee

The minute of meeting of the Economic Development Committee of 17 November 2000 was submitted and approved.

(j) Education Committee

The minute of meeting of the Education Committee of 21 November 2000 was submitted and approved.

(k) Planning and Transport Policy Committee

The minute of meeting of the Planning and Transport Policy Committee of 23 November 2000 was submitted and approved.

(l) Roads Committee

The minute of meeting of the Roads Committee of 23 November 2000 was submitted and approved.

(m) Personnel and Property Services Committee

The minute of meeting of the Personnel and Property Services Committee of 28 November 2000 was submitted and approved.

(n) Finance and Information Technology Committee

The minute of meeting of the Finance and Information Technology Committee of 28 November 2000 was submitted and approved.

(o) Civic Licensing Committee

The minute of meeting of the Civic Licensing Committee of 28 November 2000 was submitted and approved.

(p) Development Control Committee

The minute of meeting of the Development Control Committee of 29 November 2000 was submitted and approved.

(q) Policy and Resources Committee

The minute of meeting of the Policy and Resources Committee of 5 December 2000 was submitted and approved.

(r) Angus Council (Special)

The minute of the special meeting of Angus Council of 6 December 2000 was submitted, approved as a correct record and signed by the Provost.

2. MINUTES OF JOINT BOARDS AND COMMITTEES

(a) Tayside Joint Police Board

The minute of meeting of the Tayside Joint Police Board of 21 August 2000 was submitted and noted.

(b) Tayside Joint Fire Board

The minute of meeting of the Tayside Joint Fire Board of 21 August 2000 was submitted and noted.

(c) Tayside Valuation Joint Board

The minute of meeting of the Tayside Valuation Joint Board of 21 August 2000 was submitted and noted.

(d) Tayside Contracts Joint Committee

The minute of meeting of the Tayside Contracts Joint Committee of 21 August 2000 was submitted and noted.

3. NOTICE OF MOTIONS

(a) Affordability of Water and Sewerage Charges

Following notice given by Councillor Gray in terms of Standing Order 24, Councillor Gray, seconded by Councillor Glennis Middleton, moved that:-

"In response to the Scottish Executive's consultation paper on "Affordability of Water and Sewerage Charges", this Council calls on the Scottish Executive to reconsider the scheme proposed and consider the following:

  1. the proposed scheme fails to provide support for the most needy in our communities, the single elderly, single young people, single parents, low income families, etc;
  2. as the proposed ceiling of £180/£200 will prevent the groups in (i) above benefiting it should be removed and replaced with the same principles that apply to obtaining Council Tax rebates; and
  3. that the proposal on phasing out be removed and the benefit be continued indefinitely on the same principles as Council Tax benefit."

The Council resolved unanimously to approve the motion.

(b) Scotland's National Identity

Following notice given by Councillor Ellis in terms of Standing Order 24, Councillor Ellis, seconded by Councillor Leslie, moved that:-

  1. "this Council is extremely concerned about recent attacks to Scotland's national identity;
  2. this Council is dismayed by recent challenges to our Scottish heritage and would encourage the wearing of our national dress whilst promoting the many other symbols of a proud and ancient history; and
  3. the Chief Executive write to the Scottish Clay Target Association stating that Angus Council views their position as outdated and misguided."

The Council resolved unanimously to approve the motion, and in addition, to call on the First Minister to make it a policy of the Scottish Executive that Scotland´s national identity be promoted at all times.

(c) Alps Electric (Scotland) Limited

Following notice given by Councillor Murray in terms of Standing Order 24, Councillor Murray, seconded by Councillor Gibb, moved that:

"In light of the recent announcement by Alps Electric (Scotland) Limited and Swankie Food Products, this Council calls on First Minister Henry McLeish to:

  1. revisit the decision not to grant Assisted Area Status to Arbroath and to seek a method, through Holyrood and Westminster, to reinstate funding to alleviate the difficulties of a community suffering from continuing high unemployment;
  2. recognise the fact that Alps is working together with Angus Council and SET to conduct an in-depth investigation into all possible options for the existing site and workforce;
  3. do everything within his powers to assist the current investigation;
  4. provide central funding and resources which may be necessary to aid the current investigation to ensure it can be conducted effectively within the agreed timescale;
  5. ensure that all opportunities for inward investment are supported to maintain the high quality workforce and eliminate the threat to the economy of Arbroath and Angus".

The Council resolved unanimously to approve the motion and instructed the Chief Executive to write to the First Minister in the above terms.

4. APPOINTMENTS

(a) Roman Catholic Representative on Angus Council's Education Committee

With reference to Article 1 of the minute of meeting of the Education Committee of 21 November 2000, the Council resolved to approve the appointment of Father Michael Milton to fill the existing vacancy.

(b) Angus Community Care Charitable Trust

With reference to Article 6(a) of the minute of meeting of Angus Council of 13 May 1999, the Council considered the appointment of a member to fill the vacancy on the above Trust, caused by the resignation of Councillor Ian Angus.

COUNCILLOR MURRAY, SECONDED BY COUNCILLOR GLENNIS MIDDLETON, MOVED THAT COUNCILLOR GRAY BE APPOINTED TO THE ANGUS COMMUNITY CARE CHARITABLE TRUST.

Councillor Mackintosh, seconded by Councillor Norrie, moved as an amendment, that Councillor Murphy be appointed.

On a vote being taken, the members voted:-

For the motion:

Provost Duncan, Councillors Angus, Crowe, Ellis, Gibb, Gray, Henderson, King, Leslie, McGlynn, Glennis Middleton, Bill Middleton, Milne, Mowatt, Murphy, Murray, Oswald, Roberton, Selfridge, Welsh and West (21).

For the amendment:

Councillors Leslie Melville, Lumgair, Mackintosh, Myles, Nield and Norrie (6).

(Councillor Ritchie not being present at the time of the vote being taken).

The motion was declared carried and the Council resolved accordingly.

5. PERSONNEL (GRADING) APPEALS SUB-COMMITTEE­MEMBERSHIP

The Council resolved to revise the membership of the Appeals Sub-Committee when meeting to consider a re-grading appeal, to comprise three non-members of the Personnel and Property Services Committee (2 SNP and 1 other), the names of whom should be submitted to the Director of Law and Administration on each occasion the Sub-Committee required to meet.

6. TIMETABLE OF MEETINGS FOR 2001/02

With reference to Article 11 of the minute of meeting of the Policy and Resources Committee of 7 December 1999, there was submitted Report No 1281/00 by the Director of Law and Administration setting out a proposed timetable of meetings for 2001/2002.

The Council resolved to approve the proposed timetable of meetings as appended to the Report, subject to noting that additional meetings might be required for approval of the revenue budget in February 2002.

7. LOCAL GOVERNMENT COMMITTEE: INQUIRY INTO LOCAL GOVERNMENT FINANCE

ANGUS COUNCIL'S RESPONSE

There was submitted Joint Report No 1284/00 by the Chief Executive and the Director of Finance seeking approval of a proposed submission from Angus Council to the Local Government Committee Inquiry into Local Government Finance. The Report indicated that funding of Scottish Local Government was still a matter of much debate, despite the fact that significant changes were being brought into the system from 2001 to 2002 onwards. The inquiry by the Local Government Committee should prove useful in terms of establishing the problems with current arrangements and outlining possible options for change in the future.

COUNCILLOR KING, SECONDED BY COUNCILLOR SELFRIDGE, MOVED THAT THIS COUNCIL:-

  1. NOTES THAT THE LOCAL GOVERNMENT COMMITTEE OF THE SCOTTISH PARLIAMENT WERE CARRYING OUT THEIR OWN INQUIRY INTO LOCAL GOVERNMENT FINANCE;
  2. APPROVES THE PROPOSED SUBMISSION FROM ANGUS COUNCIL TO THIS INQUIRY, ATTACHED AS APPENDIX B TO THE REPORT; AND
  3. NOTES THAT FURTHER REPORTS IN THIS REGARD WOULD BE BROUGHT BEFORE THE RELEVANT COMMITTEES, AS APPROPRIATE.

Councillor Nield, seconded by Councillor Mackintosh, moved as an amendment, that this Council:-

  1. notes that the Local Government Committee of the Scottish Parliament were carrying out their own inquiry into local government finance;
  2. approves the proposed submission from Angus Council to this inquiry, attached as Appendix B to the Report, subject to the deletion of any references to the introduction of Local Income Tax and to giving local authorities more control over Non Domestic Rates; and
  3. notes that further Reports in this regard would be brought before the relevant Committees as appropriate.

On a vote being taken, the members voted:-

For the motion:

Provost Duncan, Councillors Angus, Crowe, Ellis, Gibb, Gray, Henderson, King, Leslie, McGlynn, Glennis Middleton, Bill Middleton, Mowatt, Murray, Oswald, Ritchie, Roberton, Selfridge, Welsh and West (20).

For the amendment:

Councillors Leslie-Melville, Lumgair, Mackintosh, Murphy, Myles, Nield and Norrie (7).

(Councillor Milne had left the meeting before the vote was taken).

The motion was thereupon declared carried and the Council resolved accordingly.

8. THE TIMING OF FUTURE LOCAL GOVERNMENT ELECTIONS

There was submitted letter dated 23 November 2000 from Angus Mackay, MSP, Scottish Executive Minister for Finance and Local Government announcing the Executive´s proposals on the timing of future local government elections which would be held on the same day as Scottish Parliamentary elections. The implementation of these changes would take place at the earliest opportunity and consequently the next Local Government elections would be postponed from 2002 to 2003.

The Council noted the position.

9. ORDERS AND RESOLUTIONS

Roads­Traffic Orders

(a) Angus Council (Birkhill, Muirhead and Bridgefoot) (Traffic Management) Order 2000

With reference to Article 6(e) of the minute of meeting of the Roads Committee of 23 November 2000, the Council resolved to make the above Order.

(b) Angus Council (One-Way Traffic) (Revocation) Order 2000

With reference to Article 6(f) of the minute of meeting of the Roads Committee of 23 November 2000, the Council resolved to make the above Order.

(c) Angus Council (Off-Street Car Parks) (Variation) Order 2000

With reference to Article 6(g) of the minute of meeting of the Roads Committee of 23 November 2000, the Council resolved to make the above Order.

(d) Angus Council (Hume Street, Arbroath) (Prohibition of Entry) Order 2000

With reference to Article 6(h) of the minute of meeting of the Roads Committee of 23 November 2000, the Council resolved to make the above Order.

(e) Angus Council (Variation of Speed Limits) Order 2000

With reference to Article 6(i) of the minute of meeting of the Roads Committee of 23 November 2000, the Council resolved to make the above Order.

(f) Angus Council (Variation of Speed Limits) (Number 2) Order 2000

With reference to Article 6(j) of the minute of meeting of the Roads Committee of 23 November 2000, the Council resolved to make the above Order.

The following items, (Articles 10 and 11), were, on the determination of the Provost, dealt with as matters of urgency, in light of recent announcements by the Scottish Executive.

10. THE PROVISION OF FLOOD WARNINGS IN SCOTLAND

There was submitted Report No 1291/00 by the Chief Executive advising the Council of the current inequality in the provision of flood warning systems currently in place in Scotland and those operated in England and Wales and proposing lobbying of the Scottish Parliament for legislation making it compulsory for SEPA to issue these in Scotland.

The Council resolved:-

  1. to note the contents of the Report; and
  2. to press the Scottish Parliament to put in place appropriate legislation making it a statutory responsibility for the Scottish Environment Protection Agency to issue Flood Warnings in Scotland.

11. 2001/2002 GENERAL FUND REVENUE AND CAPITAL BUDGETS­LOCAL GOVERNMENT FINANCE SETTLEMENT 2001/2002 TO 2003/2004 ANNOUNCEMENTS

With reference to Article 6 of the minute of meeting of the Policy and Resources Committee of 24 October 2000, there was submitted Report No 1290/00 by the Director of Finance advising members of the Scottish Executive´s correspondence in relation to the local government finance settlement for financial years 2001/2002 to 2003/2004 and providing an initial broad assessment of the possible implications of this announcement for Angus Council´s revenue and capital budgets.

The Council resolved:-

  1. to note the contents of Report 1290/00;
  2. to note that the system of Expenditure Guidelines had been abolished;
  3. to note that the Council would be required to give a firm indication as to its Council Tax intentions for financial years 2002/03 and 2003/04 when it set its 2001/02 Council Tax;
  4. to note that Angus Council´s Aggregate External Finance (AEF) grant allocation from the Scottish Executive for financial year 2001/02 had been set at £116.690 million;
  5. to note the budget implications arising from the likelihood of a substantial proportion of the grant increase being made available to the Council for financial year 2001/02 being taken up by new burdens and hypothecated resources, as set out in Section 8 of the Report;
  6. to note that the Council´s AEF allocation for financial years 2002/03 and 2003/04 had been set at £123.135 million and £128.357 million respectively;
  7. to note that Angus Council´s Section 94 Consent Single Allocation from the Scottish Executive for financial year 2001/02 had been set at £6.245 million;
  8. to note that the Council´s Section 94 Consent Single Allocation for financial years 2002/03 and 2003/04 had been set at £6.304 million and £6.991 million respectively;
  9. to note that further more detailed reports on the local government finance settlement and its implications would be brought to the forthcoming meetings of the Finance and Information Technology and Policy and Resources Committees; and
  10. to note that the provisional non-domestic rate poundage for 2001/02 had been set by the Scottish Executive at 47.0p.

12. 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 to the Local Government (Scotland) Act 1973, paragraphs 6, 8, 9 and 10.

13. ANGUS DIGITAL MEDIA CENTRE

With reference to Article 14 of the minute of meeting of Angus Council of 29 June 2000, there was submitted Report No 1282/00 by the Chief Executive presenting the latest version of the Business Plan for Angus Digital Media Centre Limited, which identified the capital and revenue expenditure implications, together with how those costs were to be funded on a partnership basis and the potential financial implications to Angus Council. The Report also set out the potential significant advantages to Angus of proceeding with the project, detailed the undoubted risks attached and sought a Council view as to whether members now wished to commit the project, which would be based at Brechin Business Park.

The Council resolved:-

  1. to note the strategic role for the Angus Digital Media Centre within the National Creative Industries Strategy launched in August 2000 and the Tayside Creative Industries Strategy launched in November 2000;
  2. to note that the Media Centre was aimed at stimulating growth and employment opportunities in the creative and digital media industries in Angus as a new sector to counter a continuing decline in traditional industries (agriculture, fishing, textiles), the recent loss of Assisted Area Status and diminishing European assistance;
  3. to note that the Council had been approached by an agency who were seeking to collaborate as an outreach facility of the Angus Digital Media Centre and which could generate additional income streams for the Angus Digital Media Centre;
  4. to note the support and financial contributions in place or being sought from the Scottish Arts Council Lottery, Scottish Screen, Scottish Enterprise Tayside, Angus College, University of Abertay, New Opportunities Fund, European Regional Development Fund (ERDF), European Social Fund (ESF) and the private sector (Section 5 of the Report refers);
  5. to note the launch on 23 November 2000 of the European Union £203m MEDIA PLUS scheme which among other purposes aimed to fund training in scriptwriting and digital technology which could generate additional income streams for the Digital Media Centre;
  6. to note that discussions were underway to establish a NE Scotland Screen Commission, which could be based at Angus Digital Media Centre;
  7. to note the corporate support from the Cultural Services and Education Departments in respect of arts development "lifelong learning" and "out of school learning";
  8. to note the commentary detail in Section 8 of the Report regarding the Assessment of Risks, and the potential cash implications to the Council which could arise;
  9. to note the initial assessment of the project against "Following the Public Pound" criteria by the Chief Executive, the Director of Finance and the Director of Law & Administration (Section 9), agree the commentary therein and note that a further such assessment would be carried out in due course;
  10. to proceed to commit the project for purposes of grant applications;
  11. to proceed to the next stage in the commitment of the project and as a consequence:-
    1. approve the contents of the latest version of the Business Plan for the Angus Digital Media Centre Ltd, as a company established (and owned) by the Council to operate the Centre (Appendix 1 refers);
    2. note that the Business Plan would be the subject of ongoing refinement;
    3. proceed to tender stage in respect of the capital building fit-out and installation of specialist media equipment of an advance unit at Brechin Business Park on the basis detailed in the Report, for which allowance had been made under Economic Development in the provisional 2000/2004 Financial Plan;
    4. note that, in the event that any of the potential capital grants should not materialise, a commensurate reduction in the Economic Development Financial Plan programme of works would be applied to accommodate any such grant reduction;
    5. lease the fully equipped unit to Angus Digital Media Centre Ltd on standard Council terms, but put in place a commensurate in-kind grant as the Council's main financial contribution - as set out in section 7 of the Report;
    6. agree to the principle of a contingency provision to be funded from the Economic Development budget to meet possible operational deficit and cash-flow requirements of the company's trading budget initially for three years, pending receipt of grants and earned income; and
    7. that a further report would be submitted on the detailed implications of "Following the Public Pound" to the next committee cycle, before proceeding to the next stage of the commitment process.

14. PROVISION OF BANKING SERVICES

With reference to Article 18 of the minute of meeting of the Finance and Information Technology Committee of 17 October 2000, there was submitted Report No 1285/00 by the Director of Finance detailing the tenders received for the provision of banking services for Angus Council.

The Council resolved to approve the appointment of the Bank of Scotland as the Council´s bankers for the period 1 April 2001 to 31 March 2004, with an option to renew for a further two years, subject to satisfactory performance and negotiation.

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