The Inverclyde Council

Thursday 17 April 2003 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, Rebecchi, Robertson (A), 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 Finance, Director of Legal & Support Services, Director of Social Work & Housing Services, Acting Head of Information Services, Head of Leisure & Community Support Services, Head of Property Services, Head of Transportation & Roads Service and Managing Solicitor (Committees/ Contracts).

    345

Councillors Jackson and Campbell

345

The Provost referred to the forthcoming retirals of Councillors Jackson and Campbell and, on behalf of the Council, thanked them for their service and contribution to the work of the Council and conveyed his best wishes for a long and happy retirement.

Minutes of Meetings of

The Inverclyde Council, Committees and Sub-Committees

    346

The Inverclyde Council - 27 February 2003

346

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

    347

Education & Lifelong Learning Committee - 4 March 2003

347

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

    348

Planning & Traffic Management Sub-Committee - 5 March 2003

348

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

    349

Health Improvement Committee - Interview Sub-Committee - 6 March 2003

349

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

    350

Licensing & Registration Panel - 6 March 2003

350

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

    351

Health Improvement Committee - 11 March 2003

351

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

    352

Corporate Business Committee - 13 March 2003

352

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

    353

Economic Regeneration Committee - 18 March 2003

353

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

    354

Community Committee - 20 March 2003

354

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

    355

Health Improvement Committee - Interview Sub-Committee - 31 March 2003

355

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

    356

Best Value & Performance Review Committee - 1 April 2003

356

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

    357

Audit Committee - 1 April 2003

357

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

    358

Planning & Traffic Management Sub-Committee - 2 April 2003

358

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

    359

Grants Sub-Committee - 3 April 2003

359

Approved on the motion of Councillor Morrison (M) seconded by Councillor O'Rourke.

    360

Policy & Strategy Committee - 3 April 2003

360

Approval of 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 to paragraph 335 (Review of Community Councils - Response to Consultation on Draft Scheme for Community Councils) that the decision of the Committee as minuted be approved.  As an amendment, Councillor Rebecchi seconded by Councillor Nimmo moved that consideration be continued to the next meeting of the Policy & Strategy Committee to allow the appropriate Officers to undertake further consultation with the Community Councils.  On a vote, 7 Members voted for the amendment and 13 for the motion which was declared carried.

Decided:  that the minute be approved.

    361

Education & Lifelong Learning Committee (Special) - 8 April 2003

361

Approval of the minute as a correct record was moved by Councillor Robertson (A) seconded by Councillor O'Rourke.  Councillor Robertson (A) seconded by Councillor O'Rourke moved with reference to paragraph 342(a) (The Provision of Secondary Education in Inverclyde), paragraph 342(b) (The Provision of Denominational Primary Education in Port Glasgow), paragraph 342(c) (The Provision of Non-Denominational Primary Education in Port Glasgow) and paragraph 342(d) (The Provision of Denominational Primary Education in East Greenock) that the decisions of the Committee as minuted be approved.

As an amendment, Councillor Nimmo seconded by Councillor Hill moved:-

(1) paragraph 342(a) (The Provision of Secondary Education in Inverclyde)

that the proposals be not endorsed and that all 8 secondary schools in Inverclyde be retained;

(2) paragraph 342(b) (The Provision of Denominational Primary Education in Port Glasgow)

(i) that St Francis Primary School be retained, (ii) that no new primary school be built within the campus of St Stephen's High School, (iii) that Holy Family Primary School be closed and the pupils transferred to the choice of either St Michael's or St Francis Primary School and (iv) that the proposals be issued for consultation subject to their being developed to meet the statutory requirements and to provide the necessary statutory information;

(3) paragraph 342(c) (The Provision of Non-Denominational Primary Education in Port Glasgow)

(i) that Slaemuir Primary School be retained, (ii) that Boglestone Primary School be closed, (iii) that the Boglestone roundabout site not be used for a new school, (iv) that the pupils of Boglestone Primary School transfer to the choice of either Slaemuir Primary School or a new school to be built at Ashgrove Lane/Robert Street, (v) that both Highholm and Clune Park Primary Schools be closed and the pupils transfer to the new school at Ashgrove Lane/Robert Street and (vi) that these proposals be issued for consultation subject to their being developed to meet the statutory requirements and to provide the necessary statutory information; and

(4) paragraph 342(d) (The Provision of Denominational Primary Education in East Greenock)

that the site at Gilmour Street/Fairrie Street be not endorsed as the site for the new school and the location of the new school be the subject of further consideration.

On a vote, 9 Members voted for the amendment and 11 for the motion which was declared carried.

Decided:  that the minute be approved.

    362

Licensing & Registration Panel (Special) - 10 April 2003

362

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

    363

Proposed Traffic Regulation Order - Cartsburn Street, Greenock

363

There was submitted a report by the Director of Legal & Support Services relative to the making of the Traffic Regulation Order - Cartsburn 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 2 April 2003.

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 no waiting at any time restrictions in Cartsburn Street, Greenock at its junction with Arthur 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.

    364

Proposed Traffic Regulation Order - Patrick Street, Greenock

364

There was submitted a report by the Director of Legal & Support Services relative to the making of the Traffic Regulation Order - Patrick 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 2 April 2003.

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 Parts III and IV of Schedule 9 of the Road Traffic Regulation Act 1984 to amend the existing "No Waiting at any Time" restrictions within Patrick Street, Greenock and introduce additional areas of no waiting, 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.

    365

Proposed Traffic Regulation Order - Cove Road, Gourock

365

There was submitted a report by the Director of Legal & Support Services relative to the making of the Traffic Regulation Order - Cove 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 2 April 2003.

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 Parts III and IV of Schedule 9 of the Road Traffic Regulation Act 1984 to amend The Burgh of Gourock (Various Streets) (Prohibition of Waiting Order) 1973 and introduce additional areas of no waiting at any time in Cove Road, Gourock, 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.

    366

Review of Tree Preservation Orders

366

There was submitted a report dated 26 March 2003 by the Director of Legal & Support Services relative to the making of Tree Preservation Orders at Castlehill Road/Broomknowe Road, Kilmacolm, Pritchard Wood, Gourock, Ravenscraig Hospital, Greenock, Cloch Plantation, Gourock and Wemyss Plantation, Wemyss Bay in terms of the Town & Country Planning (Scotland) Act 1997.  It was noted that the making of the Orders had been recommended for approval by the Economic Regeneration Committee on 18 March 2003.

Resolved on the motion of Councillor McGhee seconded by Councillor McCormick that "THE INVERCLYDE COUNCIL, as Planning Authority in exercise of the powers conferred on them by Section 169(2) of the Town & Country Planning (Scotland) Act 1997, RESOLVE TO CONFIRM as they HEREBY CONFIRM

"The Inverclyde Council (Castlehill Road/Broomknowe Road, Kilmacolm) (First) Tree Preservation Order No IC18"

"The Inverclyde Council (Pritchard Wood, Gourock) (First) Tree Preservation Order No IC19"

"The Inverclyde Council (Ravenscraig Hospital, Greenock) (First) Tree Preservation Order No IC21"

"The Inverclyde Council (Cloch Plantation, Gourock) (First) Tree Preservation Order No IC22" and

"The Inverclyde Council (Wemyss Plantation, Wemyss Bay) (First) Tree Preservation Order No IC25"

all as specified in the said Orders forming supplements to the principal minute hereof", and that the Head of Planning Services and the Director of Legal & Support Services take all necessary action in connection therewith.

    367

Compensation for Asbestos Victims and their Families

367

There was submitted a report dated 4 April 2003 by the Director of Legal & Support Services on a request from Clydeside Action on Asbestos (Greenock Branch) that this Council consider its support for changes to the current Court procedures to expedite dealing with claims for compensation from victims of asbestos-related diseases.

Decided:  that the request be supported and that it be remitted to the Director of Legal & Support Services to advise the relevant bodies.

    368

Scheme for Community Councils

368

There was submitted a report dated 7 April 2003 by the Director of Legal & Support Services relative to the adoption of a Scheme for Community Councils in terms of the Local Government etc (Scotland) Act 1994.  It was noted that the adoption of the Scheme, subject to a minor amendment, had been recommended by the Policy & Strategy Committee on 3 April 2003.

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, RESOLVE TO ADOPT as they HEREBY ADOPT the Scheme for setting up of Community Councils in the Inverclyde Council area, a copy of which forms an Appendix to the principal minute hereof, and to revoke the existing Scheme for setting up of Community Councils in Inverclyde District made by Inverclyde District Council and approved by the Secretary of State for Scotland in January 1977 as subsequently amended, the Schemes to come into effect and to be revoked respectively on a date or dates to be determined by the Chief Executive".

    369

Ethical Standards in Public Life etc (Scotland) Act 2000

369

There was submitted a report dated 9 April 2003 by the Director of Legal & Support Services (1) on the current position regarding the Ethical Standards in Public Life etc (Scotland) Act 2000 and (2) advising that those parts of the Act not yet in force will be brought into force on 1 May 2003.

Decided:

(1)   that the Director of Legal & Support Services be appointed the Proper Officer for the purposes of Section 7(1) of the Ethical Standards in Public Life etc (Scotland) Act 2000; and

(2)   that, otherwise, the terms of the report and in particular the terms of the Guidance Note and General Dispensations appended to the report be noted.

    370

Social Work & Housing Services - Appointment of Head of Social Work Services - Use of Powers Delegated to Chief Executive

370

There was submitted a report dated 17 March 2003 by the Head of Personnel Services advising of the use of the powers delegated to the Chief Executive to arrange for the re-interview of candidates for the post of Head of Social Work Services and to grant delegated powers to make an appointment.

Noted

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 be advised at the earliest opportunity of the use of the powers delegated to the Chief Executive as required in terms of the delegation.   This was unanimously agreed in terms of the relevant Standing Order.

    371

Adults with Incapacity (Scotland) Act 2000 - Delegation of Power - Use of Powers Delegated to Chief Executive

371

There was submitted a report dated 12 March 2003 by the Director of Legal & Support Services advising of the use of the powers delegated to the Chief Executive to grant to the Director of Legal & Support Services delegated power to make applications to the Sheriff in terms of Sections 53 and 57 of the Adults with Incapacity (Scotland) Act 2000 seeking Intervention or Guardianship Orders.

Noted

    372

Councillors Jackson and Campbell

372

Councillor O'Rourke, Depute Leader of the Council, Councillor Mitchell, Leader of the Liberal Democrat Group, and Councillor Calvert, Conservative Member, paid tribute to Councillors Jackson and Campbell who would be retiring from the Council at the local government elections and wished them a long and happy retirement.  They also thanked Provost Roach for his contribution to the work of the Council during his term as Provost.

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

    373

Health Improvement Committee - Interview Sub-Committee - 6 March 2003

373

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

    374

Health Improvement Committee - 11 March 2003

374

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

    375

Policy & Strategy Committee - 3 April 2003

375

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