The Inverclyde Council

Thursday 28 March 2002 at 4.00 pm

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

Chair:  Provost Roach presided.

In attendance:  Chief Executive, Depute Chief Executive, Director of Community & Protective Services, Director of Education Services, Director of Legal & Support Services, Director of Social Work & Housing Services, Head of Financial Services, Head of Personnel Services, Head of Property Services and Managing Solicitor (Committees/Contracts).

Apologies:  Councillors Rebecchi and Robertson (A).

Minutes of Meetings of

The Inverclyde Council, Committees and Sub-Committees

    274

The Inverclyde Council - 14 February 2002

274

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

    275

Education Services Committee - 19 February 2002

275

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

    276

Licensing & Registration Panel - 21 February 2002

276

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

    277

Social Work & Housing Committee - 26 February 2002

277

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

    278

Corporate Business Committee - 28 February 2002

278

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

    279

Economic Development Services Committee - 5 March 2002

279

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

    280

Planning & Traffic Management Sub-Committee - 6 March 2002

280

Approved on the motion of Councillor McGhee seconded by Councillor McCormick.

    281

Community & Protective Services Committee - 7 March 2002

281

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

    282

Finance & Audit Sub-Committee - 12 March 2002

282

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

    283

Policy & Strategy Committee - 14 March 2002

283

Approval of the minute as a correct record was moved by Councillor Jackson seconded by Councillor O'Rourke.  Councillor Jackson seconded by Councillor O'Rourke moved for confirmation of the decisions recorded in the minute with the exception of the decision at paragraph 270 (Pension Fund - Financial Impact of FRS17) for which the following was to be substituted:-

"That consideration be continued to the next meeting of the Policy & Strategy Committee to allow the Director of Finance Services to report on the budget provisions and the Head of Personnel Services to explore other options while carrying out consultations with the relevant trade unions."

Following intimation of the proposed amendment to the new decision at paragraph 270 by Councillor Nimmo, the Council agreed to resume consideration of this item at a later part of the meeting following the exclusion of the public and press as the discussion would involve the likely disclosure of exempt information as defined in paragraphs 1 and 12 of Part I of Schedule 7(A) of the Local Government (Scotland) Act 1973.

Councillor Jackson seconded by Councillor O'Rourke moved with reference to paragraph 265 (Review of Community Councils) that consideration of the proposals be continued to the next meeting to allow time for the responses from Community Councils and Councillors to be submitted to the Chief Executive for incorporation in his report.  As an amendment, Councillor Mitchell seconded by Councillor Calvert moved that the recommendations set out in the report be agreed.  On a vote, 2 Members voted for the amendment and 15 for the motion which was declared carried.

    284

Social Work & Housing Committee (Special) - 19 March 2002

284

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

    285

Resolution:  Standing Orders - Financial Regulations

285

There was submitted a report dated 19 March 2002 by the Director of Legal & Support Services requesting the Council to amend the existing Financial Regulations following the decision of the Policy & Strategy Committee on 14 March 2002 (para 259) to approve a revised treasury policy statement which was required as a result of the issue of a revised CIPFA Code of Practice on Treasury Management in Public Services.

Resolved on the motion of Councillor Jackson seconded by Councillor O'Rourke that "THE INVERCLYDE COUNCIL, incorporated under the Local Government Etc (Scotland) Act 1994, under the powers conferred on them by the Local Government (Scotland) Act 1973 and the said Act of 1994, RESOLVE TO ADOPT as they HEREBY ADOPT the amendment to the Financial Regulations, a copy of which forms an Appendix to the principal minute hereof, and that with effect from the date of this resolution, videlicet 28 March 2002".

    286

Resolution:  Proposed Traffic Regulation Order - Belhaven Street Bridge, Port Glasgow 7.5 Tonne Weight Restriction

286

There was submitted a report dated 7 March 2002 by the Director of Legal & Support Services relative to the making of the Traffic Regulation Order - Belhaven Street Bridge, Port Glasgow 7.5 Tonne Weight Restriction in terms of the Road Traffic Regulation Act 1984 and 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 6 March 2002.

Resolved on the motion of Councillor McGhee seconded by Councillor McCormick 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 a 7.5 tonne weight restriction on Belhaven Street Bridge, Port Glasgow, 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.

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 Council to consider membership of and representation on the Port Glasgow Housing Association Ltd as soon as possible following its establishment on 27 March 2002.  This was unanimously agreed in terms of the relevant Standing Order.

    287

Port Glasgow Housing Association Ltd

287

There was submitted a report dated 25 March 2002 by the Director of Legal & Support Services on a request received from Port Glasgow Housing Association Ltd that the Council consider whether it would wish to take up community membership of the Association which came into operation on 27 March 2002 and if so, to consider representation on the Management Committee.

Decided:  on the motion of Councillor Jackson seconded by Councillor O'Rourke that the Council agree to take up community membership of Port Glasgow Housing Association Ltd at a cost of £1 and that Councillors Hill, McCabe and Robertson (A) be nominated to serve on the Association's Committee of Management.

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 Council to consider the request from West Dunbartonshire Council prior to the deadline for receipt of responses of 12 April 2002.  This was unanimously agreed in terms of the relevant Standing Order.

    288

West Dunbartonshire Council:  Erskine Bridge Tolls - Petition to Scottish Parliament

288

There was submitted a report dated 26 March 2002 by the Director of Legal & Support Services on a request received from West Dunbartonshire Council for the Council's support for its petition to oppose the continuing levying of toll charges at the Erskine Bridge.

Councillor White seconded by Councillor Campbell moved that the Council support the petition proposed by West Dunbartonshire Council seeking examination of the practice and rationale behind the current policy of charging tolls for use of the Erskine Bridge.  As an amendment, Councillor Jackson seconded by Councillor O'Rourke moved that the petition be noted.  On a vote, 9 Members voted for the amendment and 9 for the motion.  There being equality in voting, the Chairman exercised his casting vote in favour of the amendment which was declared carried.

Decided:  that the petition from West Dunbartonshire Council be noted.

It was agreed in terms of Section 50(A)(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 items involved the likely disclosure of exempt information as defined in paragraphs 1 and 12 of Part I of Schedule 7(A) of the Act.

    289

Policy & Strategy Committee - 14 March 2002

289

On resumption of consideration of paragraph 270 (Pension Fund  - Financial Impact of FRS17) Councillor Jackson seconded by Councillor O'Rourke moved that the decision be amended to read as follows:-

"That consideration be continued to the next meeting of the Policy & Strategy Committee to allow the Director of Finance Services to report on the budget provisions and the Head of Personnel Services to explore other options while carrying out consultations with the relevant trade unions".

As an amendment, Councillor Mitchell seconded by Councillor Blair moved that the Council terminate the enhancement entitlement under the Ex-IDC Early Retirement Scheme on 30 September 2002.  On a vote 3 Members voted for the amendment and 15 for the motion which was declared carried.

Decided:  that the minute as changed at paragraph 270 by Councillor Jackson's motion be approved.

    290

Resignation of Council Employee

290

There was submitted a report dated 21 March 2002 by the Director of Legal & Support Services on a request received from Councillors Blair and Rebecchi regarding a Council employee's resignation and other matters.

Provost Roach as Convener ruled in terms of Standing Order 54 that the three specific matters set out in the letter submitted by Councillors Blair and Rebecchi were not competent for discussion for the reasons narrated in the Appendix.