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ANGUS COUNCIL

MINUTE of MEETING of ANGUS COUNCIL held in the Town and County Hall, Forfar on Thursday 14 September 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, BILL MIDDLETON, GLENNIS MIDDLETON, BRIAN MILNE, JOY MOWATT, PETER MURPHY, ROB MURRAY, ROBERT MYLES, PETER NIELD, GEORGE NORRIE MBE, HELEN OSWALD, BILL ROBERTON, DAVID SELFRIDGE, RICHARD SPEIRS, SHEENA WELSH and SANDY WEST.

Apology: An apology for absence was intimated on behalf of Councillor KITTY RITCHIE.

Provost Mrs FRANCES E DUNCAN OBE, in the Chair.

1. ORDER OF BUSINESS

The Council resolved, in accordance with Standing Order 11, that the Order of Business would be as detailed below.

2. REQUEST FOR DEPUTATION

The Council resolved, in accordance with Standing Order 12, to hear a deputation from KEEP MUM (Maternity Unit, Montrose), in connection with the notice of motion by Councillor West.

Mrs Avril Nicoll and Mrs Pamela Nicoll each addressed the Council in support of their campaign.

They were then thanked for their attendance and withdrew to the public benches.

3. NOTICE OF MOTION­KEEP MUM CAMPAIGN

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

"That this Council supports the campaign by KEEP MUM (Maternity Unit, Montrose) which seeks to ensure the continuation of NHS Hospital based maternity services in the Montrose area and calls on the Tayside Health Board and the appropriate NHS Trust to confirm that they have no plans to alter the current provision of maternity care throughout Angus and vigorously pursue a positive recruitment policy to ensure appropriate staff levels are maintained."

The Council resolved unanimously to approve the motion and instructed the Chief Executive to write to Tayside Health Board and the appropriate NHS Trust in these terms.

4. REQUEST FOR DEPUTATION

The Council resolved, in accordance with Standing Order 12, (notwithstanding the fact that the request had not been submitted within the prescribed time), to hear a deputation from Mr Hugh A Campbell-Adamson, Chairman, Inveresk Community Council in connection with Dunlappie Bridge.

Mr Campbell-Adamson addressed the Council regarding the decision of the Roads Committee of 24 August 2000.

Following a number of questions, Mr Campbell-Adamson was thanked for his attendance and withdrew to the public benches.

5. HONORARY FELLOWSHIP

Congratulations were extended to Mr Sandy Watson, Chief Executive who had recently been awarded an Honorary Fellowship from the University of Abertay.

6. COUNCIL MINUTES

(a) Angus Council

The minute of meeting of the Council of 29 June 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 13 July 2000 was submitted and, except as noted hereunder, approved:

Planning Application No 00/00477/OUT­Outline Erection of Three Dwellinghouses for Cartplan Limited at Balruddery Stable Block, Balruddery Meadows, by Dundee

Slides were shown and one objector heard.

Councillor McGlynn, seconded by Councillor King, moved the approval of the minute­ie that the application be conditionally approved, as detailed in the Report, and that the Director of Planning and Transport investigate the possibility of adding a further condition in relation to the use of the access road.

COUNCILLOR ELLIS, SECONDED BY COUNCILLOR SELFRIDGE, MOVED AS AN AMENDMENT, THAT THE APPLICATION BE REFUSED, ON THE FOLLOWING GROUNDS:-

  1. THAT THE APPLICATION DID NOT CONFORM TO THE FINALISED ANGUS LOCAL PLAN 1999 AND WAS CONTRARY TO THE DUNDEE RURAL AREAS LOCAL PLAN 1994;
  2. THAT THE DEVELOPMENT WOULD BE DETRIMENTAL TO THE RURAL CHARACTER OF THE AREA; AND
  3. THAT THE DEVELOPMENT WOULD RESULT IN A NEGATIVE RURAL AMENITY AS A RESULT OF OVER DEVELOPMENT.

On a vote being taken, the members voted:-

For the motion:-

Councillors Gibb, King, Lumgair, McGlynn, Mackintosh, Murray, Myles and West (8).

For the amendment:-

Provost Mrs Frances E Duncan, Councillors Angus, Crowe, Ellis, Gray, Henderson, Leslie-Melville, Leslie, Glennis Middleton, Bill Middleton, Milne, Mowatt, Murphy, Nield, Norrie, Oswald, Roberton, Selfridge, Speirs and Welsh (20).

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

(c) Environmental and Consumer Protection Committee

The minute of meeting of the Environmental and Consumer Protection Committee of 8 August 2000 was submitted and approved.

(d) Housing Committee

The minute of meeting of the Housing Committee of 8 August 2000 was submitted and approved.

(e) Civic Licensing Committee

The minute of meeting of the Civic Licensing Committee of 8 August 2000 was submitted and approved.

(f) Development Control Committee

The minute of meeting of the Development Control Committee of 10 August 2000 was submitted and approved.

(g) Contract Services Committee

The minute of meeting of the Contract Services Committee of 15 August 2000 was submitted and, except as noted hereunder, approved.

Fuel Tax

With reference to Article 11 of the minute, Councillor King, seconded by Councillor Gray, moved:

"That this Council:

  1. approves the recommendation of the Committee;
  2. notes the widespread fuel shortage arising from the success of the nationwide popular protest which has won the support of the general public despite their being greatly inconvenienced; and
  3. calls on the Prime Minister to intervene immediately by recalling Parliament and placing an order before the House to procure a settlement of this unnecessary dispute by utilising sufficient Treasury reserves to reduce UK fuel duty to no greater than the average fuel duty paid across the EC, thereby ending this protest at a stroke and, as a consequence of taking bold action, immediately ending the current widespread disruption to transport and the knock-on effects to industry, business and the public."

The Council resolved unanimously to approve the motion and instructed the Chief Executive to communicate the terms of the motion to the Prime Minister, the Chancellor of the Exchequer, all Westminster MPs for the local area, all MSPs for the local area and any other relevant Ministers and Officials at Westminster and Edinburgh.

(h) Social Work Committee

The minute of meeting of the Social Work Committee of 15 August 2000 was submitted and approved.

(i) Recreation and Cultural Services Committee

The minute of meeting of the Recreation and Cultural Services Committee of 17 August 2000 was submitted and approved with the addition of the motion at Article 6(g) above.

(j) Economic Development Committee

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

(k) Education Committee

The minute of meeting of the Education Committee of 22 August 2000 was submitted and approved.

(l) Planning and Transport Policy Committee

The minute of meeting of the Planning and Transport Policy Committee of 24 August 2000 was submitted and approved.

(m) Roads Committee

The minute of meeting of the Roads Committee of 24 August 2000 was submitted and, except as noted hereunder, approved:

Dunlappie Bridge­Options for Consideration

COUNCILLOR WEST, SECONDED BY COUNCILLOR MURRAY, MOVED THE APPROVAL OF THE MINUTE IE:-

  1. TO NOTE THAT THE EXISTING BRIDGE HAD BEEN CLOSED TO ALL VEHICULAR TRAFFIC AS OF 4 JUNE 2000 IN THE INTEREST OF PUBLIC SAFETY;
  2. TO NOTE BOTH THE LONG TERM AND SHORT TERM COSTS (OVER A 120 YEAR DESIGN LIFE PERIOD) OF ALL OPTIONS LISTED IN APPENDIX 2 TO THE REPORT;
  3. TO NOTE THAT IT WAS NOT POSSIBLE (BASED ON CURRENT BUDGETS AND EXISTING COMMITMENTS) FOR THE COUNCIL TO FUND THE INSTALLATION OF A PERMANENT STRUCTURE AT THIS POINT IN TIME; AND
  4. TO APPROVE FURTHER INVESTIGATIONS INTO THE PROVISION OF THE NECESSARY FUNDING FOR A PERMANENT REPLACEMENT STRUCTURE WITH CONTINUED CLOSURE IN THE INTERESTS OF PUBLIC SAFETY AS OUTLINED IN PROPOSAL A, OPTION 1 TO THE REPORT.

Councillor Myles, seconded by Councillor Speirs, moved as an amendment, that a "Bailey" bridge be provided in the current financial year on the line of the existing bridge for an indeterminate period of time, as outlined in Proposal B, Option 4 of the Report.

On a vote being taken, the members voted:-

For the motion:-

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

For the amendment:-

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

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

(n) Angus Council (Special)

The minute of meeting of Angus Council (Special) of 24 August 2000 was submitted, approved as a correct record and signed by the Provost.

(o) Personnel and Property Services Committee

The minute of meeting of the Personnel and Property Services Committee of 30 August 2000 was submitted and approved.

(p) Finance and Information Technology Committee

The minute of meeting of the Finance and Information Technology Committee of 30 August 2000 was submitted and approved.

(q) Civic Licensing Committee

The minute of meeting of the Civic Licensing Committee of 30 August 2000 was submitted and approved.

(r) Development Control Committee

The minute of meeting of the Development Control Committee of 31 August 2000 was submitted and approved.

(s) Policy and Resources Committee

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

With reference to Article 26 of the minute, Councillor Murray confirmed that the sole offer that had been received for the lease of the Brechin Town House was for substantially less than the market value of the property.

(t) Education Committee

The Director of Law and Administration reported on the meeting of the Education Committee held earlier this day and indicated that the matter had been referred to the Council for determination.

The Council resolved to approve the recommendation of the Education Committee, as follows:-

  1. to note the responses to the recent consultation exercise on the possible closure of St Vigeans Primary School set out in Appendices 4 and 5 to Report No 974/00, together with four individual submissions and a petition;
  2. to authorise, subject to the approval of the Scottish Ministers in accordance with current legislation, the closure of St Vigeans Primary School with effect from 28 June 2001, and the transfer of its delineated area into the delineated area of Warddykes Primary School with the exception of:-
    1. the area shown in Appendix 1 (including all addresses on the A92 within the current delineated area and the whole of the settlement of Marywell), which should be transferred into the delineated area of Inverkeilor Primary School;

      AND

    2. the area shown in Appendix 2 (being the northernmost part of the current delineated area bounded by the unclassified road running north-east from the fork in that road at Cut-the-Wind to Mains of Parkhill, and by a line running due west from that fork to the current boundary of the delineated area of Colliston Primary School), which should be transferred into the delineated area of Colliston Primary School;

      AND

    3. the area shown in Appendix 3 to the Report (being a narrow strip of land to the west of the current delineated area bounded by an unclassified road running north-west from a fork in the road just south of the school, the railway line, the current boundary line between the delineated area of St Vigeans Primary School and Inverbrothock Primary School, and a line running due west from the fork in the road just south of the school to the boundary line of the current delineated area), which should be transferred into the delineated area of Inverbrothock Primary School;
  3. to authorise the consequential minor amendments to the delineated areas of Arbroath Academy and Arbroath High School (the areas identified in Appendices 2 and 3 to the Report being transferred from the delineated area of Arbroath Academy into the delineated area of Arbroath High School);
  4. to instruct the Director of Education to seek the approval of the Scottish Ministers to implement the recommendations set out in (ii)­(iii) above; and
  5. that in recognition of the unusual situation in which children currently enrolled in St Vigeans Primary School would find themselves in the event of closure of the school and to provide reassurance to these children and their parents, to accord a higher degree of priority than normal to any placing requests these parents might make for the children to attend any Angus school in the event of closure of St Vigeans, that priority to be higher than that accorded to any other "Category 3" placing request from outwith the delineated area of the specified school, and applied only at the time of transfer from St Vigeans Primary School.

7. MINUTES OF JOINT BOARDS AND COMMITTEES

(a) Tayside Joint Police Board

The minutes of meetings of the Tayside Joint Police Board of 15 May and 28 June 2000 were submitted and noted.

(b) Tayside Fire Board

The minutes of meetings of the Tayside Fire Board of 15 May and 28 June 2000 were submitted and noted.

(c) Tayside Valuation Joint Board

The minute of meeting of the Tayside Valuation Joint Board of 15 May 2000 was submitted and noted.

(d) Tayside Contracts Joint Committee

The minutes of meetings of the Tayside Contracts Joint Committee of 15 May and 28 June 2000 were submitted and noted.

(e) Tay Road Bridge Joint Board

The minutes of meetings of the Tay Road Bridge Joint Board of 6 March, 26 April and 5 June 2000 were submitted and noted.

8. NOTICE OF MOTIONS

(a) No Confidence

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

"This Council has no confidence in the Convener of the Roads Committee".

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

"THIS COUNCIL:-

  1. EXPRESSES CONFIDENCE IN THE CONVENER OF THE ROADS COMMITTEE;
  2. EXPRESSES DISMAY AT THE CONDUCT OF COUNCILLOR MYLES AT THE ROADS COMMITTEE; AND
  3. CALLS ON COUNCILLOR MYLES TO APOLOGISE FOR HIS CONDUCT AND TO DISASSOCIATE HIMSELF FROM THE ERRONEOUS REPORTING OF EVENTS."

On a vote being taken, the members voted:-

For the motion:-

Councillors Leslie-Melville, Lumgair, Mackintosh, Myles and Norrie (5).

For the amendment:-

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

No vote: Councillor Nield.

(Councillor Lumgair having left the meeting prior to the vote).

The amendment was declared carried and the Council resolved accordingly.

(b) National Qualifications 2000: SQA Crisis

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

"In light of the major crisis which has affected the Scottish Qualification Authority´s procedures for issuing the results of candidates' performance in the 2000 examination diet, Angus Council wishes to:-

  1. express its full and unequivocal support to pupils and their parents who have been affected and to translate that support into whatever practical assistance may be possible;
  2. offer to make available advice and all reasonable support and assistance to the Scottish Executive and to the SQA in order to minimise the damaging impact of recent events on young people;
  3. urge COSLA to ensure that all Scottish education authorities are closely involved in identifying all the lessons to be learned from this sorry episode and ensure that appropriate remedial action is taken as a matter of urgency;
  4. call on the Scottish Executive, appropriate Ministers and their advisers to shoulder their full share of the responsibility for the disgraceful and totally unprecedented situation which has arisen, and for the resignation of the Education Minister, Sam Galbraith;
  5. call on the Scottish Executive to ensure that the terms of reference of the inquiry into this national debacle take account "inter alia" of
    1. the specification of the National Qualifications 2000 diet set for the SQA by the Scottish Executive;
    2. the administration by the SQA of the 2000 diet;
    3. the procedures set in place to form the SQA through the merger of SEB and SCOTVEC.
  6. call on the Scottish Executive to indicate at the earliest possible date the causes of the unmitigated failure of procedures in relation to the 2000 examination diet and the precise steps which are being taken to guarantee that this year´s difficulties will not recur in the 2001 diet; and
  7. call on the Scottish Executive and the SQA to send a letter of apology to every single student who sat an exam this year."

The Council resolved unanimously to approve the motion and instructed the Director of Education to write to the Scottish Executive, the Education Minister, the Convention of Scottish Local Authorities and the SQA in these terms.

9. APPOINTMENTS

(a) COSLA Transport Members Network

The Council resolved to approve the nomination of Councillor West as the Council´s representative on the above network.

(b) COSLA Planning Members Network

The Council resolved to approve the nomination of Councillor Selfridge as the Council´s representative on the above network.

(c) Montrose Port Authority

The Council resolved to appoint Councillors Crowe and Selfridge as the Council´s representatives on the Montrose Port Authority.

9. ORDERS AND RESOLUTIONS

Roads­Traffic Orders

(i) Angus Council (Elliot Place, Arbroath) (One-Way Traffic) Order 2000

With reference to Article 11(b) of the minute of meeting of the Roads Committee of 24 August 2000, the Council resolved to make the above Order.

(ii) Angus Council (Orchardbank Industrial Estate, Forfar) (Variation of Waiting Restrictions) Order 2000

With reference to Article 11(c) of the minute of meeting of the Roads Committee of 24 August 2000, the Council resolved to make the above Order.

10. ANGUS COUNCIL: THE 4TH YEAR

With reference to Article 3 of the minute of meeting of the Policy and Resources Committee of 27 April 1999, there was submitted Report No 977/00 by the Chief Executive setting out the main achievements of Angus Council over the financial year 1999/2000.

The Council resolved:-

  1. to note the contents of the Report;
  2. to note that the Report would be made available to the public at Council Offices/ Libraries and by circulation to Community Councils and Area Forums; and
  3. that the Chief Executive convey the Council´s appreciation to all Directors and their staff for their contribution towards the achievements of Angus Council over the year 1999/2000.

11. BEST VALUE IN LOCAL GOVERNMENT­NEXT STEPS

With reference to Article 12 of the minute of meeting of the Policy and Resources Committee of 5 September 2000, there was submitted Report No 959/00 by the Chief Executive providing members with details of the Scottish Executive Report­"Best Value in Local Government­Next Steps" and also providing details of Angus Council´s response, which was appended to the Report.

The Council resolved:-

  1. to note the general contents of the Report "Best Value in Local Government­Next Steps"; and
  2. to approve the response as appended to the Report, for submission to the Scottish Executive.
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