Angus Council Minutes

ANGUS COUNCIL

MINUTE of MEETING of ANGUS COUNCIL held in the Town and County Hall, Forfar on Thursday 4 July 2002 at 4.00 pm.

Present: Provost Mrs FRANCES E DUNCAN OBE, Councillors IAN ANGUS, BILL CROWE, FRANK ELLIS, 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, RON SCRIMGEOUR, DAVID SELFRIDGE, RICHARD SPEIRS, SHEENA WELSH and SANDY WEST.

Apology: An apology for absence was intimated on behalf of Councillor JACK GIBB.

Provost Mrs FRANCES E DUNCAN OBE, in the Chair.

1. COUNCIL MINUTES

(a) Angus Council

The minute of meeting of Angus Council of 23 May 2002 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 28 May 2002 was submitted and approved.

(c) Housing Committee

The minute of meeting of the Housing Committee of 28 May 2002 was submitted and approved.

(d) Civic Licensing Committee

The minute of meeting of the Civic Licensing Committee of 28 May 2002 was submitted and approved.

(e) Development Control Committee

The minute of meeting of the Development Control Committee of 30 May 2002 was submitted and approved.

(f) Contract Services Committee

The minute of meeting of the Contract Services Committee of 4 June 2002 was submitted and approved.

(g) Social Work Committee

The minute of meeting of the Social Work Committee of 4 June 2002 was submitted and approved.

Councillor Angus declared an interest in Article 19 of this minute.

(h) Recreation and Cultural Services Committee

The minute of meeting of the Recreation and Cultural Services Committee of 6 June 2002 was submitted and approved.

(i) Economic Development Committee

The minute of meeting of the Economic Development Committee of 6 June 2002 was submitted and approved.

(j) Education Committee

The minute of meeting of the Education Committee of 11 June 2002 was submitted and approved.

(k) Planning and Transport Policy Committee

The minute of meeting of the Planning and Transport Policy Committee of 13 June 2002 was submitted and approved.

(l) Roads Committee

The minute of meeting of the Roads Committee of 13 June 2002 was submitted and approved.

(m) Roads Committee (Special)

The minute of the special meeting of the Roads Committee of 18 June 2002 was submitted and approved.

(n) Personnel and Property Services Committee

The minute of meeting of the Personnel and Property Services Committee of 18 June 2002 was submitted and approved.

(o) Finance and Information Technology Committee

The minute of meeting of the Finance and Information Technology Committee of 18 June 2002 was submitted and approved.

(p) Civic Licensing Committee

The minute of meeting of the Civic Licensing Committee of 18 June 2002 was submitted and approved.

(q) Development Control Committee

The minute of meeting of the Development Control Committee of 20 June 2002 was submitted and approved.

(r) Policy and Resources Committee

The minute of meeting of the Policy and Resources Committee of 25 June 2002 was submitted and approved.

(s) Finance and Information Technology Committee (Special)

The minute of the special meeting of the Finance and Information Technology Committee of 28 June 2002 was submitted and approved.

(t) Social Work Committee (Special)

The minute of the special meeting of the Social Work Committee of 4 July 2002 was submitted and approved.

Councillors Crowe, Norrie, Ritchie and West declared an interest in Article 1 of this minute.

2. NOTICE OF MOTIONS IN TERMS OF STANDING ORDER 24(1)

Voting System for Local Government Elections

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

"THIS COUNCIL

SUPPORTS THE REFORM OF THE VOTING SYSTEMS FOR LOCAL GOVERNMENT ELECTIONS;
SUPPORTS THE CONCLUSIONS OF THE KERLEY WORKING PARTY THAT THE SINGLE TRANSFERABLE VOTE IS THE PREFERRED OPTION AS IT RETAINS THE LINK BETWEEN COUNCILLOR AND WARD; AND
CALLS ON ALL MSPS TO SUPPORT THE PROPORTIONAL REPRESENTATION (SCOTTISH LOCAL GOVERNMENT ELECTIONS) BILL AND ITS INTRODUCTION IN TIME FOR THE LOCAL GOVERNMENT ELECTIONS ON 1 MAY 2003".

Councillor Speirs, seconded by Councillor Nield, moved as an amendment that (iii) be deleted and replaced by "Calls on the Scottish Executive to introduce Proportional Representation for Local Government elections at the earliest opportunity, after full public consultation."

On a vote being taken, the members voted:

For the motion:

Provost Duncan, Councillors Angus, Crowe, Ellis, Gray, Henderson, King, Leslie Melville, McGlynn, Glennis Middleton, Bill Middleton, Milne, Mowatt, Murphy, Murray, Norrie, Oswald, Ritchie, Roberton, Scrimgeour, Selfridge, Welsh and West (23)

For the amendment:

Councillors Nield and Speirs (2).

No vote:

Councillors Lumgair, Mackintosh and Myles (3).

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

3. ORDERS AND RESOLUTIONS

(a) RoadsTraffic Orders

Angus Council (A92 Former DundeeForfar Road) (Stopping-Up of Disused Lengths) Order 2002

With reference to Article 11(a) of the minute of meeting of the Roads Committee of 13 June 2002, the Council resolved to make the above Order.

(b) HousingClosing Orders

With reference to Article 15 of the minute of meeting of the Housing Committee of 28 May 2002, the Council resolved to make a Closing Order on the property detailed in the minute.
With reference to Article 16 of the minute of meeting of the Housing Committee of 28 May 2002, the Council resolved to revoke the Closing Order on the property detailed in the minute.

4. DUNDEE AND ANGUS STRUCTURE PLANDRAFT MODIFICATIONS

With reference to Article 11 of the minute of the Planning and Transport Policy Committee of 13 June 2002, there was submitted Report No 829/02 by the Director of Planning and Transport providing the Council´s proposed response to the draft modifications to the Structure Plan published by Scottish Ministers.

The Report reminded members of the intention to hold an early meeting of the Joint Structure Plan Panel to enable consideration of the terms of Angus Council´s response to the draft modifications alongside discussion with Dundee City Council as Joint Structure Plan Authority. A meeting of the Panel had been held on 17 June 2002 at which detailed consideration had been given to the draft modifications and the terms of the proposed response to each one. The Panel had agreed that the commentary/response outlined in Appendix 1 to the Report be recommended to each of the Councils as the basis of the formal response to the Scottish Executive, including representations in respect of adjustment to 10 of the 14 proposed modifications. None of the proposed modifications affected the broad strategy of the Structure Plan and it was suggested that the Council endorse the recommendations of the Joint Structure Plan Panel.

The Council resolved to approve the commentary/response outlined in Appendix 1 to Report 829/02 as the basis of Angus Council´s formal response to the Scottish Executive, including representations in respect of adjustments to 10 of the proposed modifications to the Structure Plan.

5. CAIRNGORMS NATIONAL PARKDRAFT DESIGNATION ORDER

With reference to Article 12 of the minute of meeting of the Planning and Transport Policy Committee of 13 June 2002, there was submitted Report No 830/02 by the Director of Planning and Transport providing the Council´s proposed response to the draft Designation Order for the Cairngorms National Park published by Scottish Ministers.

In responding to the draft Designation Order, the Report suggested that Angus Council should re-affirm its previous views in support of part of Angus to being included within the National Park area and the retention of all planning powers by the constituent local authority. It was also suggested that the Council re-iterate its previous comments regarding representation by Angus Council on the Board of any National Park Authority which extended into part of Angus, and the role of Brechin, Kirriemuir and Edzell as Gateways, whether outside or inside the Cairngorms National Park.

COUNCILLOR SELFRIDGE, SECONDED BY COUNCILLOR ANGUS, MOVED THAT ANGUS COUNCIL:

NOTES THE ABSENCE OF DETAILED EXPLANATION AND JUSTIFICATION OF THE PROPOSALS CONTAINED IN THE DRAFT DESIGNATION ORDER, PARTICULARLY IN RESPECT OF THE BOUNDARY OF THE NATIONAL PARK AND PLANNING ARRANGEMENTS WHICH DIFFERED SIGNIFICANTLY FROM THE PREVIOUS RECOMMENDATIONS OF SCOTTISH NATURAL HERITAGE AS STATUTORY REPORTER AND STATUTORY ADVISER ON THE NATURAL HERITAGE;
AGREES TO SUBMIT REPORT 830/02 TO THE SCOTTISH EXECUTIVE AS ANGUS COUNCIL´s FORMAL RESPONSE TO THE DRAFT DESIGNATION ORDER AND IN PARTICULAR TO REAFFIRM THE VIEWS THAT ANGUS COUNCIL:-
1. SUPPORTS THE INCLUSION OF PART OF ANGUS WITHIN THE NATIONAL PARK AREA FOCUSING AROUND THE NATIONAL SCENIC AREA AND NATIONAL NATURE RESERVE AT CAENLOCHAN, TOGETHER WITH IMMEDIATELY ADJACENT PARTS OF GLEN ISLA, GLEN PROSEN AND GLEN CLOVA (AS ILLUSTRATED ON MAP 1 APPENDED TO REPORT 830/02)
2. STRONGLY FAVOURS THE CONTINUED DELIVERY OF THE PLANNING FUNCTION AND RETENTION OF PLANNING POWERS BY THE CONSTITUENT LOCAL AUTHORITIES IN THE CAIRNGORMS WITH THE PARK AUTHORITY AS A STATUTORY CONSULTEE;
3. REQUIRES A MINIMUM OF ONE REPRESENTATIVE NOMINATED BY ANGUS COUNCIL TO THE BOARD OF ANY NATIONAL PARK AUTHORITY WHICH EXTENDED INTO PART OF ANGUS;
4. RECOMMENDS THAT, WHETHER OUTSIDE OR INSIDE THE CAIRNGORMS NATIONAL PARK, BRECHIN, KIRRIEMUIR AND EDZELL BE DESIGNATED AS GATEWAYS;
AGREES TO ALSO ADVISE THE SCOTTISH EXECUTIVE THAT THE RANGER SERVICE BASED IN GLEN DOLL WAS AN IMPORTANT ELEMENT IN VISITOR MANAGEMENT, HABITAT PROTECTION, PUBLIC INFORMATION AND EDUCATION WHICH SHOULD BE:-
1. FULLY FUNDED FROM CENTRAL GOVERNMENT IN RECOGNITION OF THE SUBSTANTIAL VISITOR ACTIVITY AND THE AREA´s NATIONAL NATURE RESERVE AND NATIONAL SCENIC AREA STATUS;
2. MANAGED LOCALLY TO REFLECT AND PROVIDE FOR THE AREA´s NEEDS;
NOTES THE DRAFT FINDINGS OF A SEPARATE STUDY COMMISSIONED BY SCOTTISH NATURAL HERITAGE WHICH WAS CURRENTLY BEING UNDERTAKEN BY CONSULTANTS, TO REVIEW THE POSSIBLE IMPACTS ON AREAS ADJACENT TO AND IN BETWEEN NATIONAL PARKS AND WHICH FURTHER SUPPORTS PREVIOUS COMMENTS BY ANGUS COUNCIL THAT:-
1. PROVISION SHOULD BE MADE TO ENABLE FINANCIAL AND OTHER RESOURCES TO BE DEPLOYED BEYOND A PARK´s OUTER BOUNDARY INTO ADJACENT AREAS WHERE THE MANAGEMENT OF ACTIVITIES OUTWITH THE BOUNDARY NEEDED TO TAKE ACCOUNT OF THE PARK´s OBJECTIVES;
2. PROPOSALS FOR THE FUNDING OF ANY NATIONAL PARK SHOULD NOT REDUCE NATIONAL OR LOCAL RESOURCES MADE AVAILABLE FOR WIDER COUNTRYSIDE MANAGEMENT AND SHOULD NOT BE AT THE EXPENSE OF SUPPORT FOR RURAL DEVELOPMENT ELSEWHERE.

Councillor Myles, seconded by Councillor Lumgair moved, as an amendment, that (ii)(a) be replaced with the following:

"(a) supports the inclusion of part of Angus within the National Park area focusing around the National Scenic Area and National Nature Reserve at Caenlochan, together with the whole of the Angus Glens."

On a vote being taken, the members voted:

For the motion:

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

For the amendment:

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

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

6. REVIEW OF STANDING ORDERS

There was submitted Report No 831/02 by the Director of Law and Administration seeking approval of revised and updated Standing Orders, which reflected the approved policies of the Council and legislative changes.

The Report advised that the Council´s Standing Orders were a key component of how the Council conducted its business at political and officer levels. The opportunity had been taken, as one of the main priority service areas for the Law and Administration Department, to undertake a complete review in the light of the recommendations of the Political Structures Member/Officer Group, guidance on corporate governance and other factors such as the introduction of human rights legislation.

The review had also given the opportunity for Chief Officers to highlight any legislative changes which impacted, in particular, on the Scheme of Delegation. As part of the review, it was also proposed that the format of Standing Orders and related documents be changed to mirror the format that was used for the Council´s Financial Regulations (i.e. loose-leaf form). A copy would also be made available on the Council´s Intranet.

The Council resolved to approve the updated Standing Orders and related documents, as appended to Report 831/02, and the Delegation to the Director of Social Work as tabled at the meeting.

7. REALLOCATION OF SCOTTISH BUDGET RESOURCES: IMPLICATIONS FOR ANGUS COUNCIL

There was submitted Joint Report No 833/02 by the Chief Executive and Director of Finance outlining additional resources to be made available to Angus Council in 2002/03 by the Scottish Executive.

The Report advised that the Scottish Executive was to provide £2.026m of additional Government Grant to Angus Council in 2002/03. Chief Officers were actively considering projects to be funded from these resources and the finalised list would require to be approved prior to its submission to the Scottish Executive by 24 July 2002.

The Report also informed members that Angus was to be awarded £614,000 additional capital resources in 2002/03 from the School Buildings Improvement Fund.

The Council resolved:

to note the Scottish Executive´s letter of 26 June 2002 outlining additional Government Grant for Angus Council of £2.026m in 2002/03;
to note that officers were currently preparing a draft submission to the Scottish Executive outlining the projects the Council proposed to fund from this Grant;
to delegate authority to the Executive Sub-Committee of the Policy and Resources Committee to approve the Council´s formal submission to the Scottish Executive by 24 July 2002; and
to note that the Council had received formal confirmation of the award of £614,000 of additional Section 94 Consent for 2002/03 from the School Buildings Improvement Fund.

8. ANNUAL ACCOUNTS 2001/2002

With reference to Article 1 of the minute of the special meeting of the Finance and Information Technology Committee of 28 June 2002, there was submitted Report No 827/02 by the Director of Finance along with the unaudited annual accounts for the financial year 2001/02. The accounts had been submitted to Audit Scotland by 30 June 2002 in order to meet the statutory timetable.

The Council resolved to note the position.

9. RESERVOIRS MAINTENANCE PROGRAMMESCOPE OF WORKS

There was submitted Joint Report No 834/02 by the Director of Leisure Services and the Director of Roads, outlining the need for essential maintenance to the Council´s reservoirs at Crombie and Monikie Country Parks and scoping the proposed timetable and estimated cost for the works which were intended to be carried out over a six year period.

The Report explained the history and background of the reservoirs at Crombie and Monikie which were managed by the Council´s Leisure Services Department as part of the Country Parks. The intended programme for the various works, together with the estimated cost and phasing of expenditure, was the result of detailed inspections by qualified engineers in terms of the Reservoirs Act 1975. The total costs of the works at Crombie amounted to £321,000, while the total for Monikie was £390,000, giving a grand total of £711,000 over a six year period to the financial year 2007/08. Part provision for the cost of the works was included in the Council´s current budget plans via the Leisure Services Financial Plan 2001/05 and the Property Renewal and Repair Fund. However, these provisions had been based largely on the earlier (lower) estimated cost of the works, adjusted upwards to reflect the additional slope stabilisation works at Crombie. A summary of the funding available, and the short-fall based on the latest estimated costs, was shown in a table within the Report. The significant increase in the costs of the works meant that there was a substantial expected shortfall over the period of £281,000 which would require to be addressed.

The Council resolved:-

to note the required programme of essential maintenance works to the Council´s reservoirs at Crombie and Monikie Country Parks and the associated estimated costs as set out in Report 834/02;
to note that the current funding shortfall for the works would require to be addressed as part of the preparation of the 2002/2006 Financial Plan; and
to note that further reports on the awarding of contracts for the required works and providing updates on progress would be submitted to the appropriate Committees.

10. STRUCTURAL TESTING OF STREET LIGHTING COLUMNS: RESULTS AND CONSEQUENTIAL EFFECTS OF 2002/03 TESTING PROGRAMME

There was submitted Report No 835/02 by the Director of Roads outlining the findings of an independent non-destructive structural testing programme of 604 street lighting columns and detailing the arrangements for dealing with the resultant column failures.

The static load testing of 604 columns during 2002/03 had resulted in a higher percentage of column failures than the tests carried out during the previous year. However, it was accepted that this had been due primarily to the types of column tested. The 2003/04 testing programme was expected to provide results similar to 2001/02, which in turn reflected quite closely the UK wide trend.

Careful consideration would now have to be given with regard to column design, strength and condition in response to future requests for attachments to street lighting columns (i.e. hanging baskets, Christmas decorations, traffic signs, etc.) and the Director of Roads proposed to present a further report to the Roads Committee recommending a policy and procedure consistent with Health and Safety requirements for this purpose.