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ANGUS COUNCIL

MINUTE of MEETING of ANGUS COUNCIL held in the Town and County Hall, Forfar on Thursday 15 February 2001 at 4.25 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, 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, 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 OBE, in the Chair.

1. DEPUTATION

The Council agreed, in accordance with Standing Order 12 to hear a deputation in connection with Tayside Health Board's Acute Services Review.

Mr Ron McDonald, Brechin and District Patients Association, and Miss Margaret Smith each addressed the Council in support of Councillor Leslie Melville's Motion (Article 3(c) below).

After questions had been asked and answered, Mr McDonald and Miss Smith were thanked for their attendance and withdrew to the public benches.

2. COUNCIL MINUTES

(a) Angus Council

The minute of meeting of Angus Council of 14 December 2000 was submitted, approved as a correct record and signed by the Provost.

(b) Development Control Committee

The minute of meeting of the Development Control Committee of 20 December 2000 was submitted and approved.

(c) Environmental and Consumer Protection Committee

The minute of meeting of the Environmental and Consumer Protection Committee of 9 January 2001 was submitted and approved.

(d) Housing Committee

The minute of meeting of the Housing Committee of 9 January 2001 was submitted and approved.

Councillor Ellis referred to a recent press article in connection with his failure to declare an interest at a meeting of the Housing Committee on 6 April 1999 which he had chaired, at which a contract for the completion of modernisations at Glamis, Forfar had been awarded to J & G Contractors Dundee. Councillor Ellis indicated that although his interest was of a non pecuniary nature, he had however breached the National Code of Conduct. He hoped that it was clear to members and officers that this had been a genuine mistake on his part and it had not been his intention to give favour or influence the decision process in any way. Councillor Ellis asked the Provost, members and officers to accept his sincere apologies on this very important matter and gave the Council an undertaking to be even more vigilant in the future.

(e) Civic Licensing Committee

The minute of meeting of the Civic Licensing Committee of 9 January 2001 was submitted and approved.

(f) Planning and Transport Policy Committee (Special)

The minute of meeting of the Special Planning and Transport Policy Committee of 11 January 2001 was submitted and approved.

(g) Policy and Resources Committee (Special)

The minute of meeting of the Special Policy and Resources Committee of 11 January 2001 was submitted and approved.

(h) Development Control Committee

The minute of meeting of the Development Control Committee of 11 January 2001 was submitted and approved.

With reference to Article 2 of the minute of meeting, the Director of Law and Administration reported that planning application 00/00758/COU for a change of use from vacant warehouse to a Tyre, Exhaust and Battery Centre/MOT Station at 9 Ferrier Street, Carnoustie had been withdrawn.

(i) Contract Services Committee

The minute of meeting of the Contract Services Committee of 16 January 2001 was submitted and approved.

(j) Social Work Committee

The minute of meeting of the Social Work Committee of 16 January 2001 was submitted and approved.

(k) Recreation and Cultural Services Committee

The minute of meeting of the Recreation and Cultural Services Committee of 18 January 2001 was submitted and approved.

(l) Economic Development Committee

The minute of meeting of the Economic Development Committee of 18 January 2001 was submitted and approved.

(m) Education Committee

The minute of meeting of the Education Committee of 23 January 2001 was submitted and approved subject to the inclusion in the sederunt of Councillor Helen Oswald.

(n) Planning and Transport Policy Committee

The minute of meeting of the Planning and Transport Policy Committee of 25 January 2001 was submitted and approved.

(o) Roads Committee

The minute of meeting of the Roads Committee of 25 January 2001 was submitted and approved.

(p) Personnel and Property Services Committee

The minute of meeting of the Personnel and Property Services Committee of 30 January 2001 was submitted and approved.

(q) Finance and Information Technology Committee

The minute of meeting of the Finance and Information Technology Committee of 30 January 2001 was submitted and approved.

(r) Civic Licensing Committee

The minute of meeting of the Civic Licensing Committee of 30 January 2001 was submitted and approved.

(s) Development Control Committee

The minute of meeting of the Development Control Committee of 1 February 2001 was submitted and, accepted as noted hereunder, approved:

Rosemill Junction, Bridgefoot, by Dundee

Slides were shown, following which Mr Mark Fraser, the applicant addressed the Committee.

COUNCILLOR ELLIS, SECONDED BY COUNCILLOR KING, MOVED THAT THE APPLICATION BE GRANTED SUBJECT TO THE APPLICANT PURCHASING THE REMAINDER OF THE LAND AND SIGNING A SECTION 75 AGREEMENT TO PRECLUDE FUTURE DEVELOPMENT OF THE LAND AND FURTHER CONDITIONS AS DEEMED NECESSARY BY THE DIRECTOR OF PLANNING AND TRANSPORT.

Councillor McGlynn, seconded by Councillor Ritchie, moved as an amendment, that the application be refused for the reasons detailed in Report 137/01.

On a vote being taken, the members voted:

For the motion: Provost Duncan, Councillors Crowe, Ellis, Gibb, Gray, Henderson, King, Leslie Melville, Lumgair, Mackintosh, Glennis Middleton, Mowatt, Myles, Nield, Oswald, Roberton, Speirs and Welsh (18).

For the amendment:

Councillors Angus, McGlynn, Bill Middleton, Milne, Murphy, Murray, Norrie, Ritchie, Selfridge and West (10).

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

(t) Policy and Resources Committee

The minute of meeting of the Policy and Resources Committee of 8 February 2001 was submitted and approved.

3. NOTICE OF MOTIONS

(a) Human Rights

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

"This Council calls upon the Director of Law and Administration to bring back to the next meeting of Angus Council a Report of the effects of the Human Rights Act on Councillors Standing Orders".

COUNCILLOR MURRAY, SECOND BY COUNCILLOR BILL MIDDLETON, MOVED AS AN AMENDMENT THAT:

"THIS COUNCIL INSTRUCTS THE POLITICAL AND MANAGEMENT STRUCTURES MEMBER OFFICER GROUP TO CONTINUE ITS WORK AND BRING FORWARD A REPORT ON STANDING ORDERS, AS SOON AS POSSIBLE.

On a vote being taken, the members voted:

For the motion:

Councillors Leslie Melville, Lumgair, Mackintosh, Murphy, Myles, Neild, Norrie and Speirs (8).

For the amendment:

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

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

(b) Tendering Process

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

"This Council calls upon the Chief Executive to undertake a review of the tendering process to date and issue a public statement of its integrity or otherwise".

COUNCILLOR MURRAY, SECONDED BY COUNCILLOR KING, MOVED AS AN AMENDMENT THAT:

"THIS COUNCIL CALLS UPON THE CHIEF EXECUTIVE TO BRING FORWARD A REPORT WHICH SETS OUT THE TENDERING PROCESS"

On a vote being taken, the members voted:

For the motion:

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

For the amendment:

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

The amendment was declared carried and the Council resolved accordingly.

(c) Acute Services Review

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

"The people of Angus are entitled to equity and as such have an equal right of access to Acute Services within our county. This Council therefore calls on the Minister for Health, Susan Deacon to recognise this right in terms of the provision of Acute Services in Angus".

The Council resolved unanimously that the people of Angus were entitled to equity of locally accessible Acute Health Services within Tayside and therefore:

  1. called on the Minister for Health to instruct Tayside Health Board, following its review of Acute Services, to ensure that this principle was upheld;
  2. called on Tayside Health Board:
    1. to revisit the delivery of all Health Services in Angus;
    2. to report back as a matter of urgency with full costings of all options;
    3. to detail the implications for current and long term service configuration and delivery in Angus; and
  3. agreed that the Chief Executive write to the Minister for Health and the Chairman of Tayside Health Board in the above terms.

4. ORDERS AND RESOLUTIONS

(a) Roads­Traffic Orders

  1. Angus Council (Variation of Waiting Restrictions) Order 2000
  2. With reference to Article 11(b) of the minute of meeting of the Roads Committee of 25 January 2001, the Council resolved to make the above Order.
  3. Angus Council (Cliffburn Area, Arbroath) (Variation of Waiting Restrictions) 2001
  4. With reference to Article 11(c) of the minute of meeting of the Roads Committee of 25 January 2001, the Council resolved to make the above Order.
  5. Angus Council (Cliffburn Area, Arbroath) (20mph Zone) Order 2001
  6. With reference to Article 11(d) of the minute of meeting of the Roads Committee of 25 January 2001, the Council resolved to make the above Order.

(b) Scheme for the Establishment of Community Councils­Amendments

With reference to Article 12 of the minute of meeting of the Policy and Resources Committee of 8 February 2001, the Council resolved to amend the Scheme for the Establishment of Community Councils, as set out in the minute.

5. APPOINTMENTS

Noranside Prison Visiting Committee

With reference to Article 4(c) of the minute of meeting of Angus Council of 18 May 2000, the Council, having noted that Councillor Glennis Middleton had intimated her resignation from the Committee, resolved to appoint Councillor King to fill the existing vacancy.

6. 2001 CENSUS

Mr Gordon Snedden, Census Area Manager for Dundee and Angus gave a presentation to the Council on the 2001 Census.

Following the presentation and a number of questions, Provost Duncan thanked Mr Snedden for his interesting and informative presentation.