Angus Council 9 May 2013 Minutes 2013 Volume
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ANGUS COUNCIL to be held on 9 MAY 2013 MINUTES 2013 VOLUME 119 ANGUS COUNCIL – 9 MAY 2013 VOLUME 119 Date Page No (a) Angus Council 28 Mar 2013 133 (b) Development Standards Committee 2 Apr 2013 142 (c) Scrutiny and Audit Committee 4 Apr 2013 144 (d) Social Work and Health Committee 4 Apr 2013 147 (e) Civic Licensing Committee 11 Apr 2013 151 (f) Neighbourhood Services Committee 11 Apr 2013 155 (g) Infrastructure Services Committee 16 Apr 2013 163 (h) Education Committee 18 Apr 2013 169 (i) Development Standards Committee 23 Apr 2013 177 (j) Corporate Services Committee 25 Apr 2013 179 (k) Strategic Policy Committee 30 Apr 2013 185 133 ANGUS COUNCIL MINUTE of MEETING of ANGUS COUNCIL held in the Town and County Hall, Forfar on Thursday 28 March 2013 at 4.00pm. Present: Provost HELEN OSWALD, Depute Provost ALEX KING, Councillors BILL BOWLES, BRIAN BOYD, COLIN BROWN, LYNNE DEVINE, BILL DUFF, MAIRI EVANS, DAVID FAIRWEATHER, CRAIG FOTHERINGHAM, IAIN GAUL, JEANETTE GAUL, MARTYN GEDDES, SHEILA HANDS, JIM HOUSTON, DAVID LUMGAIR, IAN McLAREN, GLENNIS MIDDLETON, DONALD MORRISON, ROB MURRAY, BOB MYLES, RONNIE PROCTOR, MARK SALMOND, EWAN SMITH, BOB SPINK, MARGARET THOMSON, PAUL VALENTINE and SHEENA WELSH. PROVOST HELEN OSWALD, in the Chair. The Council at this stage of the meeting resolved that Report No 204/13, being a Report by the Chief Executive on Developing the Council’s Management Structure, be considered in the public part of the meeting. 1. APOLOGIES An apology for absence was intimated on behalf of Councillor David May. 2. DECLARATIONS OF INTEREST The following declarations of interest were intimated: • Councillor Smith declared an interest in item 4(ii)(k) as his children attended one of the primary schools involved. He indicated that he would participate in discussion and voting on this item. • Councillors Middleton and Fotheringham declared an interest in item 15 as Council appointees to Tayside Community Justice Authority. They both indicated that they would participate in discussion and voting on this item. • Provost Helen Oswald declared an interest in item 6(b) as she was a member of the Board of Trustees of the Scottish War Memorial. She indicated that she would not participate in discussion and voting but would remain in the meeting. 3. REQUEST FOR A DEPUTATION The Council resolved to receive a deputation from Mr David Drysdale (EIS) a Teacher Representative on the Education Committee in connection with the referred matter at item 4(ii)(k) regarding the Arbroath Schools Project. Mr Drysdale spoke in support of the decision of the Education Committee and urged members to approve Option C as detailed in Report No 166/13. Following a number of questions, Mr Drysdale withdrew to the public seating. 4. MINUTES OF THE COUNCIL AND COMMITTEES (i) Minutes of Previous Meetings (a) Angus Council The minute of meeting of Angus Council of 14 February 2013 was submitted and approved as a correct record. (b) Angus Council (Special) The minute of the special meeting of Angus Council of 14 February 2013 was submitted and approved as a correct record. 134 (ii) Minutes of Committees (c) Neighbourhood Services Committee (Special) The minute of the special meeting of the Neighbourhood Services Committee of 12 February 2013 was submitted and noted. (d) Development Standards Committee The minute of meeting of the Development Standards Committee of 19 February 2013 was submitted and noted. (e) Development Management Review Committee The minute of meeting of the Development Management Review Committee of 19 February 2013 was submitted and noted. (f) Scrutiny and Audit Committee The minute of meeting of the Scrutiny and Audit Committee of 21 February 2013 was submitted and noted. (g) Social Work and Health Committee The minute of meeting of the Social Work and Health Committee of 21 February 2013 was submitted and noted. (h) Civic Licensing Committee The minute of meeting of the Civic Licensing Committee of 28 February 2013 was submitted and noted. (i) Neighbourhood Services Committee The minute of meeting of the Neighbourhood Services Committee of 28 February 2013 was submitted and noted. (j) Infrastructure Services Committee The minute of meeting of the Infrastructure Services Committee of 5 March 2013 was submitted and noted. (k) Education Committee The minute of meeting of the Education Committee of 7 March 2013 was submitted and except as detailed hereunder, noted: Arbroath Schools Project With reference to Article 4, Councillors Bowles and Smith had referred the Committee’s decision for determination by the Council in accordance with Standing Order 39(3)(ii). COUNCILLOR WELSH, SECONDED BY COUNCILLOR THOMSON, MOVED THAT THIS COUNCIL APPROVES THE DECISION OF THE EDUCATION COMMITTEE OF 7 MARCH 2013, AS DETAILED AT ITEM 4 OF THE MINUTE. Councillor Smith, seconded by Councillor Bowles, moved that this Council:- (i) defers any decision on a preferred way forward from the options listed in the Report; 135 (ii) instructs the Strategic Director of Communities/People to work with the Scottish Government-funded Architecture Design Scotland in conducting a fresh independent review of the ten schools listed in the Arbroath Schools Project; (iii) notes that Architecture Design Scotland’s input would come at no additional cost to Angus Council; (iv) following the joint review, instructs the Strategic Director to bring forward a new range of proposals. These proposals should demonstrate clear ways to: (a) significantly improve all ten schools within the £10.6 million funding; or (b) clearly demonstrate how all ten schools would all individually benefit from a proposed total spend of £30.6 million. (v) sets a preferred target date of this completed review of the first Education Committee following the summer break. On a vote being taken, the members voted: For the motion:- Provost Helen Oswald, Depute Provost Alex King, Councillors, Brown, Devine, Duff, Evans, Fairweather, Fotheringham, Iain Gaul, Jeannette Gaul, Geddes, Hands, Houston, Lumgair, McLaren, Middleton, Morrison, Murray, Myles, Proctor, Salmond, Spink, Thomson, Valentine and Welsh (25). For the amendment:- Councillors Bowles, Boyd and Smith (3). The motion was declared carried and the Council resolved accordingly. (l) Development Standards Committee The minute of meeting of the Development Standards Committee of 12 March 2013 was submitted and noted. (m) Development Management Review Committee The minute of meeting of the Development Management Review Committee of 12 March 2013 was submitted and noted. (n) Corporate Services Committee The minute of meeting of the Corporate Services Committee of 14 March 2013 was submitted and noted. (o) Strategic Policy Committee The minute of meeting of the Strategic Policy Committee of 19 March 2013 was submitted and noted. 5. QUESTIONS IN TERMS OF STANDING ORDER 23(1) (i) Questions from Councillor Bowles The Council resolved to note the questions lodged by Councillor Bowles and the responses given by the Convener of Neighbourhood Services. 136 (ii) Questions from Councillor Boyd The Council resolved to note the questions lodged by Councillor Boyd and the responses given by the Convener of Neighbourhood Services. 6. MOTIONS IN TERMS OF STANDING ORDER 24(1) (a) Bedroom Tax Councillor Houston, seconded by Councillor Duff, moved that this Council:- (i) “opposes the imposition of the bedroom tax as a Draconian financial burden on Angus residents; (ii) will do everything it can to mitigate the negative effects of the bedroom tax and will work with the Scottish Government to lobby the UK Government to redress the ill thought negative consequences these policies will create; and (iii) resolves that for those tenants who are caught in the bedroom tax, where the Head of Housing is satisfied that both tenants and Angus Council are doing all they can practicably be expected to do to avoid falling into arrears, and to tackle arrears where they do occur, it will exhaust all legitimate means to collect rent due and eviction will only be used as a very last resort.” Having heard from Councillor Fairweather in relation to an amended recommendation (iii), the Council resolved:- (i) to oppose the imposition of the bedroom tax as a Draconian financial burden on Angus residents; (ii) to do everything it can to mitigate the negative effects of the bedroom tax and will work with the Scottish Government to lobby the UK Government to redress the ill thought negative consequences these policies will create; and (iii) that for a transitional period of one year, where the Head of Housing or his successor was satisfied that tenants who were subject to the bedroom tax would do all they reasonably could to avoid falling into arrears, it would use all legitimate means to collect rent due, except eviction. In accordance with the provisions of Standing Order 15 (11)(ii) Councillor Myles requested that his dissent be recorded from the foregoing decision. (b) The Scottish National War Memorial Project Councillor Proctor, seconded by Councillor Fotheringham, moved that this Council: (i) “supports the Scottish War Memorial Trustees proposals to embark on a Corporate Communications Project to commemorate the 100th anniversary of The Great War which will consist of creating a new web site, a high definition photographic record and a book to commemorate the Memorial; (ii) notes the costs of this Project are estimated at £50,000 and that the Trustees of the Scottish War Memorial is seeking financial assistance to deliver the outcomes of the Project; and (iii) pledges a financial contribution of £1,000 which can be accommodated from the Other Services revenue budget in 2013/14 and the provision for the upkeep of war memorials therein”. The Council resolved unanimously to approve the motion. 137 7. DESIGNATION OF CHIEF SOCIAL WORK OFFICER With reference to Article 5 of the minute of the ordinary meeting of Angus Council of 14 February 2013, the Council resolved to designate the Senior Manager, Community Care as the Chief Social Work Officer in accordance with statutory requirements and that Standing Order 44 (2) be amended accordingly.