19 ANGUS COUNCIL MINUTE of MEETING of the INFRASTRUCTURE SERVICES COMMITTEE held in the Town and County Hall, Forfar on Tuesday 20 January 2009 at 4.00 pm. Present: Councillors DAVID MAY, DAVID FAIRWEATHER, GLENNIS MIDDLETON, ALEX KING, IAN MACKINTOSH, JIM MILLAR, PETER MURPHY, ROBERT MYLES, HELEN OSWALD, RALPH PALMER, MARK SALMOND, ROBERT SPINK, DONALD MORRISON and JOHN WHYTE. Councillor MAY, Convener, in the Chair. 1. APOLOGIES/SUBSTITUTES Apologies for absence were intimated on behalf of Councillors Frank Ellis, Iain Gaul and Sandy West with Councillor Glennis Middleton substituting for Councillor Ellis and Councillor Donald Morrison substituting for Councillor West. 2. DECLARATIONS OF INTEREST Councillor Middleton declared an interest in item 30 as she had attended several meetings with the interested parties. She indicated that she would be taking part in discussion and voting. Councillor Morrison declared an interest in item 30 as he was an employee of a local Member of Parliament who had met with the local businesses involved. He indicated that he would not be taking part in any discussion or voting on the matter. Councillor Oswald declared an interest in item 31 as she had a relative who was employed by the recommended contractor. She indicated that she would be taking part in discussion and voting. 3. MINUTES (a) Previous Meeting The minute of meeting of this Committee of 25 November 2008 was approved as a correct record and signed by the Convener. (b) Executive Sub-Committee The minute of meeting of the Executive Sub-Committee of 15 December 2008, a copy of which is appended hereto, was submitted and noted (APPENDIX I). (c) Arbroath Harbour Joint Consultative Committee The minute of meeting of the Arbroath Harbour Joint Consultative Committee of 21 November 2008, a copy of which is appended hereto, was submitted and noted (APPENDIX II). 4. TRAFFIC REGULATION ORDERS - UPDATE There was submitted and noted Report No 51/09 by the Director of Infrastructure Services detailing the current stage of progress regarding pending Traffic Regulation Orders. 5. PROMOTION OF VARIATION OF WAITING RESTRICTIONS There was submitted Report No 52/09 by the Director of Infrastructure Services detailing proposed amendments to current waiting restrictions to take account of changing circumstances. 20 The Report indicated that, in the interests of pedestrian and traffic safety and free traffic flow, and in order to maintain access to premises, alterations to waiting restrictions were considered appropriate. The variations of existing Traffic Regulation Orders to implement these alterations were therefore proposed, as detailed in the Report. The Committee agreed to approve the promotion of the necessary Traffic Regulation Variation Orders to effect changes to current waiting restrictions in Arbroath, Brechin, Carnoustie, Forfar, Monifieth and Montrose. 6. ANGUS COUNCIL (FORFAR TRAFFIC MANAGEMENT) ORDER 2009 With reference to Article 9 of the minute of meeting of the Roads Committee of 24 January 2002, there was submitted Report No 53/09 by the Director of Corporate Services proposing the making of an Order for the purpose of replacing two Tayside Regional Council Traffic Orders, together with the introduction of various amendments to the current traffic management provisions in Forfar. The Committee agreed to approve the making of the Order, as detailed in the Report. 7. ANGUS COUNCIL (VARIATION OF WAITING RESTRICTIONS) ORDER 2009 With reference to Article 30 of the minute of meeting of this Committee of 26 August 2008, there was submitted Report No 54/09 by the Director of Corporate Services proposing the making of an Order effecting changes to current waiting restrictions at various locations throughout Angus. The Committee agreed to approve the making of the Order, as detailed in the Report. 8. TEMPORARY TRAFFIC ORDERS There was submitted and noted Report No 55/09 by the Director of Corporate Services advising that, at the request of the Head of Roads, four Temporary Traffic Orders had been made, as detailed in the Report. Ä 9. ARBROATH HARBOUR - CHARGING REGIME: APRIL 2009 ONWARDS There was submitted Report No 56/09 by the Director of Infrastructure Services advising the Committee of the proposed level of charges which had been discussed at the meeting of the Arbroath Harbour Joint Consultative Committee held on Friday 21 November 2008, and recommending the introduction of charges leviable at the Harbour from April 2009. COUNCILLOR MAY, SECONDED BY COUNCILLOR MILLAR, MOVED THAT THE COMMITTEE AGREES: (i) TO NOTE THE PROPOSED CHARGES WHICH HAD BEEN BROUGHT FORWARD TO THE MEETING OF THE ARBROATH HARBOUR JOINT CONSULTATIVE COMMITTEE HELD ON FRIDAY 21 NOVEMBER 2008; (ii) TO NOTE THE REPRESENTATIONS WHICH HAD BEEN MADE BY THE VARIOUS USERS AT THAT MEETING IN RESPECT OF THE PROPOSED CHARGES; AND (iii) TO APPROVE THE MODIFIED PROPOSED SCHEDULE OF CHARGES, AS DETAILED IN THE REPORT, TO APPLY FOR FINANCIAL YEAR 2009/2010 ONLY. Councillor Spink, seconded by Councillor Morrison, moved, as an amendment, that the Committee agrees to freeze the current charges for a period of one year. In accordance with the provisions of Standing Order 15(9), and having heard from the Head of Finance, the Convener ruled that the proposed amendment was not competent due to the possible reduction in income. Thereafter, Councillor Oswald, seconded by Councillor Palmer, moved, as an amendment, that the Committee agrees to defer consideration of the Report so as to allow the Head of 21 Finance to be consulted on the possible reduction in income should the charges be frozen for a period of one year. On a vote being taken, the members voted:- For the motion:- Councillors May, Fairweather, Mackintosh, Millar, Murphy, Myles, Salmond and Whyte (8). For the amendment:- Councillors King, Middleton, Morrison, Oswald, Palmer and Spink (6). The motion was declared carried and became the finding of the meeting. In accordance with the provisions of Standing Order 39(3)(i), Councillors Oswald and Palmer indicated that they wished the matter referred to the Council for a decision. Ä 10. JUNCTION IMPROVEMENTS, A933 FORFAR ROAD/CAIRNIE ROAD/KEPTIE ROAD, ARBROATH - CONSULTATION PROPOSALS With reference to Article 20 of the minute of meeting of this Committee of 25 November 2008, there was submitted Report No 57/09 by the Director of Infrastructure Services detailing the proposals for public consultation regarding the proposed junction improvements at the A933 Forfar Road/Cairnie Road/Keptie Road junction in Arbroath. Councillor May, seconded by Councillor Millar, moved that the Committee agrees:- (i) to approve the format proposed to be used for the consultation; (ii) to approve the list of consultees, as detailed in the Appendix to the Report; (iii) to approve the timescale proposed for the consultation; and (iv) to note the cost and time implications of undertaking the consultation. Councillor Oswald, seconded by Councillor Morrison, moved, as an amendment, that the Committee agrees to extend the list of consultees to include Friockheim and Letham Community Councils, the businesses within Kirkton Industrial Estate and the residents within the Kirkton area, The Elms, Timmergreens and Hospitalfield. In accordance with the provisions of Standing Order 15(9), the Convener ruled that the amendment was not competent as it would result in additional financial implications, which at this stage could not be fully costed. Accordingly, the motion was approved and became the finding of the meeting. In accordance with the provisions of Standing Order 39(3)(i), Councillors Palmer and Oswald indicated that they wished the matter referred to the Council for a decision. 11. LOO OF THE YEAR AWARDS The Committee was advised of Angus Council’s success in the local authority category of the 2008/2009 British Toilet Association Loo of the Year Awards for high standards of toilet facilities in washroom provision and management. Angus Council had received the following awards:- Arbroath Harbour Visitor Centre Five Star Rating Arbroath Market Place Five Star Rating Montrose Baltic Street Five Star Rating Forfar Buttermarket Four Star Rating Kirriemuir Reform Street Four Star Rating Brechin Church Street Four Star Rating 22 Additionally, Angus Council’s newest superloo within the Arbroath Harbour Visitor Centre had achieved a National category winner position for its accessibility. Staffing at all facilities had been awarded an Attendant of the Year award for providing a level of commitment to a vital public service. 12. COMMERCIAL WASTE COLLECTION SERVICE PROVISION AND CHARGES - ANIMAL BY-PRODUCTS With reference to Article 30 of the minute of meeting of this Committee of 25 November 2008, there was submitted Report No 58/09 by the Director of Infrastructure Services seeking approval for interim arrangements for the specialist commercial waste collection of animal by-products from 1 April 2009, setting the charges in terms of commercial waste regulations for such a service, and seeking approval for the temporary exemption in terms of the Council’s Financial Regulations to enable the utilisation of specialist contractors until tendering processes could be concluded. The Committee agreed:- (i) to approve the Director’s request for an exemption from normal tendering requirements, in accordance with Regulation 16.22.4(b)(ii) of the Council’s Financial Regulations, in order to continue to utilise Binn Skips as a specialist contractor during the period 1 April to 30 September 2009 for the collection and disposal