The Inverclyde Council

Thursday 13 September 2001 at 4.00 pm

Present:  Provost Roach, Councillors Blair, Calvert, Campbell, Hill, Hunter, Jackson, McCabe, McGhee, McGraw, Mitchell, Morrison (D), Morrison (M), Nimmo, O'Rourke, Rebecchi, Robertson (A), Robertson (Y) and White.

Chair:  Provost Roach presided.

In attendance:  Chief Executive, Depute Chief Executive, Director of Community & Protective Services, Mr J Sutherland (for Director of Education Services), Director of Finance Services, Director of Legal & Support Services, Director of Social Work & Housing Services, Head of Environmental & Consumer Services, Head of Planning Services, Head of Property Services and Managing Solicitor (Committees/Contracts).

The Council observed a minute's silence in recognition of the tragic events which had occurred in the United States of America on 11 September 2001.

762

Councillor Robert M Hill:  Welcome

762

On behalf of the Council, the Provost expressed a warm welcome to Councillor Robert M Hill who had been elected to serve as Member for Ward 4 following the by-election held on 6 September 2001.

    763

Ward 4:  Election of Councillor - Appointments to Committees and Outside Bodies

763

There was submitted a report dated 5 September 2001 by the Director of Legal & Support Services on the filling of vacancies on Committees, Boards and Outside Bodies; it was noted that a vacancy on Boglestone Community Association had also to be filled.

Decided:  on the motion of Councillor Mitchell seconded by Councillor Blair:-

(1)   that Councillor Hill be appointed to fill the vacancies on the Corporate Business Committee, Economic Development Services Committee and Inverclyde Licensing Board;  and

(2)   that Councillor Hill be appointed to serve as the Council's representative on Inverclyde Voluntary Association for Mental Health, Port Glasgow Housing Association and Boglestone Community Association.

    764

Appointments to Committees

764

There was submitted a report dated 5 September 2001 by the Director of Legal & Support Services on two anomalies with regard to appointments to Committees and requesting the Council to consider making adjustments in the light of these anomalies.

Decided:  on the motion of Councillor Mitchell seconded by Councillor Blair that Councillor Hunter replace Councillor Blair on the Personnel (Appeals & Applied Conditions of Service) Sub-Committee and that [Councillor McGraw replace Councillor White on the Education Services (Appeals) Sub-Committee.

    765

NHS Argyll & Clyde - Board Membership

765

There was submitted a report dated 4 September 2001 by the Chief Executive requesting the Council to nominate a Member to serve as a Board Member of NHS Argyll & Clyde.  Following discussion, Councillor O'Rourke seconded by Councillor Robertson (Y) moved that Councillor Jackson be nominated to serve as a Board Member of NHS Argyll & Clyde.  As an amendment, Councillor Mitchell seconded by Councillor Blair moved that Councillor Hunter be nominated to serve as a Board Member of NHS Argyll & Clyde.  On a vote, 9 Members voted for the motion and 10 for the amendment which was declared carried.

Decided:  that Councillor Hunter be nominated to serve as a Board Member of NHS Argyll & Clyde.

The Provost, being of the opinion that the undernoted report by the Director of Finance Services was relevant, competent and urgent, moved its consideration to allow the Council, if in agreement, to adopt a policy on hardship relief at the earliest opportunity.  This was unanimously agreed in terms of the relevant Standing Order.

    766

Policy on Hardship Relief

766

There was submitted a report dated 10 September 2001 by the Director of Finance Services on the implications of Section 156 of the Local Government etc (Scotland) Act 1994 and recommending the adoption of guidelines in respect of the Council's discretionary power to grant relief for non-domestic rates on grounds of hardship.

Decided:  on the motion of Councillor Jackson seconded by Councillor O'Rourke that:-

(1)   all applications for hardship relief in terms of Section 156 of the Local Government etc (Scotland) Act 1994 be considered by the Policy & Strategy Committee;

(2)   applicants for hardship relief must state clearly what hardship will be suffered by them if they are not granted relief;

(3)   applicants for hardship relief must, where the Director of Finance Services considers it appropriate, provide audited accounts for the previous three years;  and

(4)   applicants must declare their total income from all sources including the premises for which hardship is being granted.

The Provost, being of the opinion that the undernoted report by the Director of Legal & Support Services was relevant, competent and urgent, moved its consideration to allow arrangements for the holding of a community ecumenical service on 16 September 2001 to be made, if agreed by the Council.  This was unanimously agreed in terms of the relevant Standing Order.

    767

Community Ecumenical Service - Sunday 16 September 2001

767

There was submitted a report dated 13 September 2001 by the Director of Legal & Support Services on a request from Greenock Presbytery that the Council provide assistance for the holding of a community ecumenical service of prayer and reflection on 16 September 2001 following the tragic events in the United States of America on 11 September 2001.

Decided:  that the Council support the request to hold a community ecumenical service of prayer and reflection on 16 September 2001 following the tragic events in the United States of America on 11 September 2001, all costs to be met from the Common Good Fund.

The Provost, being of the opinion that the undernoted report by the Director of Legal & Support Services was relevant, competent and urgent, moved its consideration to allow the Convention of Scottish Local Authorities to be advised of the Council's nomination for President of the Convention at the earliest opportunity.  This was unanimously agreed in terms of the relevant Standing Order.

    768

Nomination of President of CoSLA

768

There was submitted a report dated 13 September 2001 by the Director of Legal & Support Services on a request received from the Convention of Scottish Local Authorities that the Council considers making a nomination for the current vacant post of President of the Convention.

Decided:  on the motion of Councillor Jackson seconded by Councillor O'Rourke that Councillor P Watters, South Lanarkshire Council, be nominated to the vacant post of President of the Convention.

Minutes of Meetings of

The Inverclyde Council, Committees and Sub-Committees

    769

The Inverclyde Council - 21 June 2001

769

Approved on the motion of Provost Roach seconded by Councillor Morrison (M).

    770

The Inverclyde Council - 25 June 2001

770

Approved on the motion of Provost Roach seconded by Councillor Jackson.

    771

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 27 June 2001 (11am)

771

Approved on the motion of Councillor O'Rourke seconded by Councillor Nimmo.

    772

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 27 June 2001 (1.30pm)

772

Approved on the motion of Councillor O'Rourke seconded by Councillor Nimmo.

    773

Planning & Traffic Management Sub-Committee - 1 August 2001

773

Approved on the motion of Councillor McGhee seconded by Councillor Morrison (M).

    774

Education Services Committee - 7 August 2001

774

Approved on the motion of Councillor Robertson (A) seconded by Councillor O'Rourke.

    775

Licensing & Registration Panel - 9 August 2001

775

Approved on the motion of Councillor Morrison (D) seconded by Councillor Morrison (M).

    776

Social Work & Housing Committee - 14 August 2001

776

Approved on the motion of Councillor McCabe seconded by Councillor Morrison (D).

    777

Corporate Business Committee - 16 August 2001

777

Approved on the motion of Councillor Robertson (Y) seconded by Councillor Jackson.

    778

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 21 August 2001

778

Approved on the motion of Councillor Jackson seconded by Councillor O'Rourke.

    779

Economic Development Services Committee - 21 August 2001

779

Approved on the motion of Councillor McGhee seconded by Councillor Robertson (Y) subject to the decision at paragraph 710 (4) being amended to read " to provide all Councillors with contact and contract details for Amey Highways Ltd".

    780

Community & Protective Services Committee - 23 August 2001

780

Approved on the motion of Councillor Morrison (M) seconded by Councillor McGhee.

    781

Finance & Audit Sub-Committee - 28 August 2001

781

Approved on the motion of Councillor Jackson seconded by Councillor O'Rourke.

    782

Policy & Strategy Committee - 30 August 2001

782

Approved on the motion of Councillor Jackson seconded by Councillor O'Rourke.

    783

Social Work Complaints Review Sub-Committee - 5 September 2001

783

Approved on the motion of Councillor McCabe seconded by Councillor Rebecchi.

    784

Planning & Traffic Management Sub-Committee - 5 September 2001

784

Approval of the minute as a correct record was moved by Councillor McGhee seconded by Councillor Calvert.  Councillor McGhee seconded by Councillor Calvert moved with reference to paragraph 757(a) (South Street, Greenock) that the decision of the Sub-Committee as minuted be approved.  As an amendment, Councillor Blair seconded by Councillor Campbell moved that planning permission be refused as the proposals would have an adverse impact on road safety by reason of increased pedestrian and vehicular traffic in an already congested area.  On a vote, 9 Members voted for the motion and 10 for the amendment which was declared carried.

Councillor McGhee seconded by Councillor Calvert moved with reference to paragraph 758(a) (Ballochyle Place, Gourock) that the decision of the Sub-Committee as minuted be approved.  As an amendment, Councillor Morrison (M) seconded by Councillor Campbell moved that planning permission be refused as the proposals would have a detrimental effect on the level of privacy and amenity presently enjoyed by properties to the north of the site.  On a vote, 5 Members voted for the amendment and 9 for the motion which was declared carried.

Councillor McGhee seconded by Councillor Calvert moved with reference to paragraph 758(d) (15 Robertson Street, Greenock) that the decision of the Sub-Committee as minuted be approved.  As an amendment, Councillor Morrison (M) seconded by Councillor Campbell moved that planning permission be refused (1) as the proposals are contrary to Local Plan Policy DCo(vii) in that off-street parking cannot be provided and (2) as the residential amenity of adjacent proprietors within the area would be adversely affected by the proposals.  On a vote, 8 Members voted for the amendment and 9 for the motion which was declared carried.

Decided:

(1)   that planning permission for the erection of 18 flats at South Street, Greenock be refused as the proposals would have an adverse impact on road safety by reason of increased pedestrian and vehicular traffic in an already congested area;  and

(2)   that the minute be otherwise approved.

    785

West Dunbartonshire Council:  Support for Prisoner of Conscience - Ngawang Sangdrol

785

There was submitted a report dated 28 August 2001 by the Director of Legal & Support Services on a request from West Dunbartonshire Council that this Council consider its support for a motion in the cause of seeking the release of a Tibetan nun and prisoner of conscience, Ngawang Sangdrol, from a prison under the Chinese Administration.

Decided:  that the request be supported and that it be remitted to the Director of Legal & Support Services to write to relevant parties indicating that support.

    786

Pilot Local History Project:  Sea Trek Exhibition/McLean Museum and Watt Library/ Information Office - Use of Emergency Powers Procedure

786

There was submitted a report dated 11 July 2001 by the Depute Chief Executive (1) advising of the use of the emergency powers procedure under Standing Order 66(b) for the re-allocation of £40,000 within the Property Services budget to allow the Council to proceed with the proposals for a pilot local history project to form part of the Sea Trek event on 17 and 18 August 2001 and (2) indicating that additional funding may be required.

Noted

    787

Waterfront Cooling Tower Project - Use of Emergency Powers Procedure

787

There was submitted a report dated August 2001 by the Depute Chief Executive advising of the use of the emergency powers procedure under Standing Order 66(b) for approval to issue two engineers' instructions in respect of additional works to complete the remedial works to the cooling system within the Waterfront Leisure Complex.

Noted

    788

Resolution:  Proposed Traffic Regulation Order - Victoria Road, Gourock

788

There was submitted a report dated 6 August 2001 by the Director of Legal & Support Services relative to the making of the Traffic Regulation Order - Victoria Road, Gourock in terms of the Road Traffic Regulation Act 1984 and the Roads (Scotland) Act 1984 and associated Regulations.  It was noted that the making of the Order had been recommended for approval by the Planning & Traffic Management Sub-Committee on 1 August 2001.

Resolved on the motion of Councillor McGhee seconded by Councillor Jackson that "THE INVERCLYDE COUNCIL, incorporated under the Local Government etc (Scotland) Act 1994, RESOLVE TO MAKE as they HEREBY MAKE a Resolution under Sections 1(1), 2(1) to (4) and Part III of Schedule 9 of the Road Traffic Regulation Act 1984 to restrict the road by prohibiting goods vehicles exceeding 7.5 tonnes mgw (except for access) on Victoria Road, Gourock from its junction with Moorfield Road to its termination on Ashton Road, all as detailed in a copy of the Order forming a supplement to the principal minute hereof", and that the Head of Transportation & Roads Service and the Director of Legal & Support Services be authorised to take all necessary action in connection therewith.

    789

Resolution:  Proposed Traffic Regulation Order - Dunlop Street, Greenock

789

There was submitted a report dated 6 September 2001 by the Director of Legal & Support Services relative to the making of the Traffic Regulation Order - Dunlop Street, Greenock in terms of the Road Traffic Regulation Act 1984 and the Roads (Scotland) Act 1984 and associated Regulations.  It was noted that the making of the Order had been recommended for approval by the Planning & Traffic Management Sub-Committee on 5ö September 2001.

Resolved on the motion of Councillor McGhee seconded by Councillor Morrison (M) that "THE INVERCLYDE COUNCIL, incorporated under the Local Government etc (Scotland) Act 1994, RESOLVE TO MAKE as they HEREBY MAKE a Resolution under Sections 1(1), 2(1) to (3) and Part III of Schedule 9 of the Road Traffic Regulation Act 1984 to introduce no waiting, no loading at any time restrictions on Dunlop Street, Greenock, all as detailed in a copy of the Order forming a supplement to the principal minute hereof", and that the Head of Transportation & Roads Service and the Director of Legal & Support Services be authorised to take all necessary action in connection therewith.

It was agreed in terms of Section 50A(4) of the Local Government (Scotland) Act 1973 as amended that the public and press be excluded from the meeting on the grounds that consideration of the following item involved the likely disclosure of exempt information as defined in the respective paragraphs of Part I of Schedule 7(A) of the Act, as detailed in the Minute of the relevant Committee or Sub-Committee, and on the grounds that consideration of the item thereafter involved the likely disclosure of exempt information as defined in Paragraphs 6 and 12 of Part I of Schedule 7(A) of the Act.

Appendices to Minutes

    790

The Inverclyde Council - 21 June 2001

790

Approved on the motion of Provost Roach seconded by Councillor Morrison (M).

    791

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 27 June 2001 (11am)

791

Approved on the motion of Councillor O'Rourke seconded by Councillor Nimmo.

    792

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 27 June 2001 (1.30pm)

792

Approved on the motion of Councillor O'Rourke seconded by Councillor Nimmo.

    793

Social Work & Housing Committee - 14 August 2001

793

Approved on the motion of Councillor McCabe seconded by Councillor Morrison (D).

    794

Corporate Business Committee - 16 August 2001

794

Approved on the motion of Councillor Robertson (Y) seconded by Councillor Jackson.

    795

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 21 August 2001

795

Approved on the motion of Councillor Jackson seconded by Councillor O'Rourke.

    796

Economic Development Services Committee - 21 August 2001

796

Approved on the motion of Councillor McGhee seconded by Councillor Robertson (Y).

    797

Policy & Strategy Committee - 30 August 2001

797

Approved on the motion of Councillor Jackson seconded by Councillor O'Rourke.

    798

Social Work Complaints Review Sub-Committee - 5 September 2001

798

Approved on the motion of Councillor McCabe seconded by Councillor Rebecchi.

    799

Special Waterfront Working Group

799

There was submitted minute of the Special Waterfront Working Group of 23 August 2001.

Decided:  that the decisions made by the Special Waterfront Working Group be approved.