The Inverclyde Council

Thursday 27 February 2003 at 4.00 pm

Present: Provost Roach, Councillors Blair, Calvert, Campbell, Hill, Hunter, McCabe, McCormick, McGhee, McGraw, 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, Mr A Barnes (for Director of Community & Protective Services), Mr A Henderson (for Director of Education Services), Director of Finance, Director of Legal & Support Services, Director of Social Work & Housing Services, Head of Personnel Services, Head of Planning Services and Managing Solicitor (Committees/Contracts).

Apologies:  Councillors Jackson and Mitchell.

Minutes of Meetings of

The Inverclyde Council, Committees and Sub-Committees

    178

The Inverclyde Council - 5 December 2002

178

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

    179

Licensing & Registration Panel (Special) - 19 December 2002

179

It was noted that this minute had been approved at the special meeting of The Inverclyde Council on 28 January 2003.

    180

Policy & Strategy Committee (Special) - 19 December 2002

180

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

    181

Planning & Traffic Management Sub-Committee - 8 January 2003

181

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

    182

The Inverclyde Council (Special) - 9 January 2003

182

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

    183

Education & Lifelong Learning Committee - 14 January 2003

183

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

    184

Licensing & Registration Panel - 16 January 2003

184

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

    185

Health Improvement Committee - 21 January 2003

185

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

    186

Corporate Business Committee - 23 January 2003

186

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

    187

Health Improvement Committee (Special) - 28 January 2003

187

It was noted that this minute had been approved at the special meeting of The Inverclyde Council on 28 January 2003.

    188

Economic Regeneration Committee - 28 January 2003

188

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

    189

The Inverclyde Council (Special) - 28 January 2003

189

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

    190

Community Committee - 30 January 2003

190

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

    191

Health Improvement Committee (Special) - 4 February 2003

191

Approval of the minute as a correct record was moved by Councillor McCabe seconded by Councillor Morrison (D).  Councillor McCabe seconded by Councillor Morrison (D) moved with reference to paragraph 119 (Area Renewal) that the decision of the Committee as minuted be approved.  As an amendment, Councillor Rebecchi seconded by Councillor Blair moved that the report be remitted to the Policy & Strategy Committee for consideration.  On a vote, 7 Members voted for the amendment and 10 for the motion which was declared carried.

Decided:  that the minute be approved.

    192

Planning & Traffic Management Sub-Committee - 5 February 2003

192

There were circulated letters dated 10 and 21 February 2003 from Persimmon Homes and letter dated 20 February 2003 from Levan Heights Residents Association relative to the application for Erection of 72 Dwellinghouses:  Levan Farm, Gourock (IC/02/212) (paragraph 123(d)).

Approval of the minute as a correct record was moved by Councillor McCormick seconded by Councillor Morrison (M).  Councillor McCormick seconded by Councillor Morrison (M) moved with reference to paragraph 123(d) (Erection of 72 Dwellinghouses:  Levan Farm, Gourock (IC/02/212)) that the decision of the Sub-Committee as minuted be approved.  As an amendment, Councillor Blair seconded by Councillor Campbell moved that the application be remitted back to the Planning & Traffic Management Sub-Committee for resolution of matters relative to the access road and play area.  On a vote, 8 Members voted for the amendment and 9 for the motion which was declared carried.

Decided:  that the minute be approved.

    193

Best Value & Performance Review Committee - 11 February 2003

193

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

    194

Audit Committee - 11 February 2003

194

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

    195

Policy & Strategy Committee (Special) - 11 February 2003

195

It was noted that this minute had been approved at the special meeting of The Inverclyde Council on 13 February 2003.

    196

Health Improvement Committee - Shortlisting Sub-Committee - 13 February 2003

196

There being no seconder for the minute, it was agreed that this be noted.

    197

Policy & Strategy Committee - 13 February 2003

197

Approval of the minute as a correct recorded was moved by Councillor O'Rourke seconded by Councillor Morrison (M).  Councillor O'Rourke seconded by Councillor Morrison (M) moved with reference to paragraph 166 (Standing Orders of the Council and Scheme of Administration) that the decision of the Committee as minuted be approved.  As an amendment, Councillor Blair seconded by Councillor Rebecchi moved that paragraphs 22, 45(b), 45(c) and 60(a) of the Standing Orders be amended by insertion of the wording, "it being understood that if the subject matter is within the remit of the Committee and has been raised within the time limits prescribed, it shall be deemed competent."  On a vote, 7 Members voted for the amendment and 10 for the motion which was declared carried.

(Councillor White entered the meeting during consideration of this item of business).

Decided:

(1)   that the minute be approved;  and

(2)   that an alteration be made to paragraph 61(b) of the Standing Orders to provide that any decision taken by a Committee, Sub-Committee or the Licensing & Registration Panel when dealing with an item of business in a judicial or quasi-judicial capacity shall be final.

    198

The Inverclyde Council (Special) - 13 February 2003

198

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

    199

Licensing & Registration Panel (Special) - 20 February 2003

199

Approved on the motion of Councillor Morrison (D) seconded by Councillor McCormick subject to the addition of Councillor McCormick 's name to the sederunt.

    200

Housing Trust - Shadow Board:  Appointment of Members

200

There was submitted a report dated 20 February 2003 by the Director of Legal & Support Services requesting that Members consider making appointments to the Shadow Board of the not-for-profit Housing Trust which would be the organisation to which the Council's housing stock would transfer if this was the wish of the tenants in the formal ballot.

Councillor McCabe advised that a request had been received from the Joint Trade Unions Committee that one of the 5 community places on the Shadow Board be made available to a trade union representative and that it was intended that this request be raised at the first meeting of the Shadow Board.

Decided:

(1)   that Provost Roach, Councillors McCabe, McCormick, Mitchell and Hill be appointed to the Shadow Board of the not-for-profit Housing Trust;  and

(2)   that the Convener of the Health Improvement Committee chair the Shadow Board until 1 May 2003.

    201

Local Negotiating Committee for Teachers (LNCT)

201

There was submitted a report dated 18 February 2003 by the Director of Legal & Support Services requesting the Council to appoint Members to the Local Negotiating Committee for Teachers.

Decided:

(1)   that it be agreed to appoint the 11 Elected Members on the Education & Lifelong Learning Committee to the Local Negotiating Committee for Teachers;  and

(2)   that the first meeting of the Committee be arranged on a date and time suitable to all parties.

    202

Standing Orders and Scheme of Administration

202

There was submitted a report dated 18 February 2003 by the Director of Legal & Support Services on the proposed Standing Orders and Scheme of Administration to replace those adopted by the Council on 7 January 1999, which had been considered by the Policy & Strategy Committee at its meeting on 13 February 2003.

Decided:

(1)   that it be resolved on the motion of Councillor O'Rourke seconded by Provost Roach 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 Standing Orders and Scheme of Administration as amended in terms of the decision at paragraph 197 above, copies of which form Appendices 1 and 2 respectively to the principal minute hereof", and that with effect from the date of this Resolution, videlicet 27 February 2003;  and

(2)   that delegated authority be granted to the Chief Executive in terms of Appendix 3 pending adoption of a revised Scheme of Delegation.

    203

Proposed Stopping-up Order - Auchendarroch Street, Greenock

203

There was submitted a report by the Director of Legal & Support Services relative to the making of the Stopping-up Order - Auchendarroch Street, Greenock in terms of the Roads (Scotland) Act 1984.  It was noted that the making of the Order had been recommended for approval by the Planning & Traffic Management Sub-Committee at its meeting on 8 January 2003.

Resolved on the motion of Councillor O'Rourke seconded by Councillor McGhee that "THE INVERCLYDE COUNCIL, incorporated under the Local Government etc (Scotland) Act 1994, RESOLVE TO MAKE as they HEREBY MAKE a Resolution under Section 68(1) of the Roads (Scotland) Act 1984 to permit the stopping-up of the footpaths between Craigieknowes Street and Auchendarroch Street and between Brown Street and Auchendarroch Street, 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.

    204

Maternity Services Review - NHS Argyll & Clyde

204

There was submitted a report dated 18 February 2003 by the Director of Legal & Support Services advising that following the decision of the Council at its special meeting on 9 January 2003 to support the retention of a consultant-led maternity unit at Inverclyde Royal Hospital as part of the essential range of services required for Inverclyde, a response had been received from the Chief Executive, NHS Argyll & Clyde, a copy of which was appended to the report.

Decided:

(1)   that it be agreed to reaffirm Inverclyde Council's views as set out above;

(2)   that a meeting be sought with Mr John Mullin, Chairman, NHS Argyll & Clyde involving Provost Roach, Councillors O'Rourke and Mitchell and that a report on the outcome be made to a future meeting of the Council;  and

(3)   that it be remitted to the Chief Executive to write to Mr Malcolm Chisholm MSP, Minister for Health, to advise him of the Council's position.

    205

Aberdeen City Council - Introduction of Levy on Chewing Gum Manufacturers

205

There was submitted a report dated 13 February 2003 by the Director of Legal & Support Services on a request received from Aberdeen City Council that this Council consider its support for the introduction of "a levy on chewing gum manufacturers, the proceeds of which should be redistributed in full to local authorities in order to help the Council deal with the massive and costly problem of removing gum from our streets and pavements".

Decided:  that it be agreed to support the introduction of a levy on chewing gum manufacturers as advocated by Aberdeen City Council.

    206

Glasgow City Council and Dundee City Council:  Motions on Iraq

206

There was submitted a report dated 20 February 2003 by the Director of Legal & Support Services on requests received from Glasgow City Council and Dundee City Council that consideration be given to the resolutions made by these Councils relating to the current situation concerning Iraq and consider taking similar action.

Following discussion, Councillor O'Rourke seconded by Councillor Robertson (Y) moved in the following terms:  "That the Council recognise the ongoing parliamentary debate on the British position and would encourage all efforts to find a peaceful solution.  The Council oppose any pre-emptive strike against Iraq.  Any attack when made must be United Nations led and accompanied by an appropriate UN resolution."  As an amendment, Councillor Nimmo seconded by Councillor Campbell moved in the following terms:  "That the Council oppose any pre-emptive strike against Iraq.  Any attack when made must be United Nations led and accompanied by an appropriate UN resolution to achieve a peaceful solution."  On a vote, 7 Members voted for the amendment and 10 for the motion which was declared carried.

Decided:

(1)   that the Council recognise the ongoing parliamentary debate on the British position and would encourage all efforts to find a peaceful solution.  The Council oppose any pre-emptive strike against Iraq.  Any attack when made must be United Nations led and accompanied by an appropriate UN resolution;  and

(2)   that Glasgow and Dundee City Councils be advised accordingly.

    207

Skateboard Park, Battery Park, Greenock:  Request for Additional Funding - Use of Emergency Powers Procedure

207

There was submitted a report dated January 2003 by the Director of Community & Protective Services advising of the use of the emergency powers procedure under Standing Order 66(b) to grant approval for an additional £13,600 to be added to the capital allocation for the skateboard park at Battery Park, Greenock.  The report advised that as Councillor Jackson was not available and no provision existed for use of a substitute, the full consultation procedure could not be completed.

Decided:  that the use of the emergency powers procedure be homologated.

    208

Pottery Street Redevelopment Area - Use of Emergency Powers Procedure

208

There was submitted a report dated 24 January 2003 by the Depute Chief Executive advising of the use of the emergency powers procedure under Standing Order 66(b) to utilise the £742,000 allocation from the Scottish Executive for removing contamination at the Pottery Street site, to seek approval for the issuing of tenders and agree arrangements for their acceptance.  The report advised that as Councillor Jackson was not available and no provision existed for use of a substitute, the full consultation procedure could not be completed.

Decided:

(1)   that the Council homologate the decision taken under Standing Order 66(b) to approve the allocation of £742,000 towards the Pottery Street project, to remit it to the Director of Legal & Support Services to arrange for the invitation of tenders for the first phase of the work and to delegate authority in the usual manner to accept the lowest tender received;

(2)   that approval be given to the maximisation of grants from Europe using the allocation of £742,000 and any additional finance secured by the Council and Scottish Enterprise Renfrewshire for the first phase of the redevelopment works at the Pottery Street site;  and

(3)   that the project be remitted to the Service Committee to administer.

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 COSLA at the earliest opportunity.  This was unanimously agreed in terms of the relevant Standing Order.

    209

Board of the Objective 3 Partnership - Nomination by COSLA

209

There was submitted a report dated 21 January 2003 by the Director of Legal & Support Services on a request received from COSLA that the Council indicate its support for the nomination of Councillor Alex McGhee by COSLA to a vacancy on the Board of the Objective 3 Partnership.

Decided:  that the Council give its support for Councillor McGhee's nomination by COSLA to the Board of the Objective 3 Partnership.

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 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.

Appendices to Minutes

    210

Policy & Strategy Committee (Special) - 19 December 2002

210

Approval of the appendix to the minute as a correct record was moved by Councillor O'Rourke seconded by Councillor McGhee.  Councillor O'Rourke seconded by Councillor McGhee moved with reference paragraph 1006 (Chief Officers Review and Management Structure) that the decision of the Committee as minuted be approved and that the detailed report referred to therein be submitted to the first meeting of the Policy & Strategy Committee following the Council election in May 2003.  As an amendment, Councillor Blair seconded by Councillor Rebecchi moved that in remitting the matter, the view be taken that the pay rises to be awarded to Chief Officers reflect increases in the Retail Price Index.  On a vote, 7 Members voted for the amendment and 10 for the motion which was declared carried.

Decided:  that the minute be approved.

    211

Corporate Business Committee - 23 January 2003

211

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

    212

Health Improvement Committee (Special) - 28 January 2003

212

It was noted that the appendix to the minute had been approved at the special meeting of The Inverclyde Council on 28 January 2003.

    213

Community Committee - 30 January 2003

213

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

    214

Health Improvement Committee - Shortlisting Sub-Committee - 13 February 2003

214

There being no seconder for the appendix to the minute, it was agreed that this be noted.