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THE INVERCLYDE
COUNCIL - 26 JUNE 2003
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The
Inverclyde Council Thursday
26 June 2003 at 4.00 pm |
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Present: Provost
Rebecchi, Councillors Blair, Forbes, Fyfe, Gallacher, Hill, Hunter, McCabe,
McCormick (P), McKenzie, Mitchell, Moran, Nimmo, Roach, Robertson, Snoddy,
Stewart, Tucker and White. |
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Chair: Provost
Rebecchi presided. |
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In attendance: Chief
Executive, Director of Community and Protective Services, Director of
Education Services, Director of Finance, Director of Legal and Support
Services, Director of Social Work and Housing Services, Head of Personnel Services,
Head of Property Services and Managing Solicitor (Committees/ Contracts). |
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Apologies:
Councillor McCormick (M). |
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503 |
Mr Harry Mulholland |
503 |
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Prior
to the commencement of business, the Council observed one minute's silence as
a mark of respect following the recent death of former Councillor and Provost
Harry Mulholland. Both Provost
Rebecchi and Councillor McCabe paid tribute to Mr Mulholland's many years of
service to Greenock Corporation, Inverclyde District Council and Inverclyde
Council. |
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504 |
Mr Nigel Lawrie |
504 |
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The
Provost referred to the recent award of
an OBE to Mr Nigel Lawrie, Head Teacher of Port Glasgow High School,
and on behalf of the Council extended his congratulations to Mr Lawrie on
this achievement. |
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Minutes of
Meetings of The
Inverclyde Council, Committees and Sub-Committees |
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505 |
The Inverclyde Council - 17
April 2003 |
505 |
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Approved on the motion of Provost Rebecchi. |
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506 |
The Inverclyde Council -
Statutory Meeting - 15 May 2003 |
506 |
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Approved on the motion of Provost Rebecchi
subject to amendment to paragraph 384 (Appointment of Representatives to
Outside Bodies) by the addition of Councillor Blair as Chair of the
Inverclyde Community Plan Alliance. |
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507 |
Policy and Strategy Committee
(Special) - 22 May 2003 |
507 |
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It
was noted that this minute had been approved at the special meeting of The Inverclyde
Council on 22 May 2003. |
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508 |
The Inverclyde Council
(Special) - 22 May 2003 |
508 |
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Approved on the motion of Provost Rebecchi. |
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509 |
Education and Lifelong Learning
Committee - 27 May 2003 |
509 |
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Approval of the minute as a correct record was moved by Councillor Mitchell seconded by Councillor Tucker. Councillor Mitchell seconded by Councillor Tucker moved with reference to paragraph 388 (Proposals Submitted by Councillor Mitchell) that the decision of the Committee as minuted be approved. As an amendment, Councillor Robertson seconded by Councillor McKenzie moved that the new proposals include the refurbishment of all remaining school buildings and the provision of new schools in Port Glasgow, East Greenock and South West Greenock. |
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Councillors McCabe, McCormick (P), McKenzie, Moran, Roach and Robertson requested in terms of the relevant Standing Order that the vote be taken as a roll call vote and this was agreed. On a vote, Councillors Moran, Roach, McKenzie, McCormick (P), Robertson and McCabe voted in favour of the amendment and Councillors Blair, Hill, Fyfe, Hunter, Mitchell, Tucker, Stewart, Gallacher, White, Snoddy, Forbes, Nimmo and Provost Rebecchi voted in favour of the minute which was declared carried. |
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Councillor Mitchell seconded by Councillor Tucker moved with reference to paragraph 391 (The Provision of Denominational Primary Education across Holy Cross and St Joseph's Primary Schools: Consultation Document) that the decision of the Committee as minuted be approved. |
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As an amendment Councillor Robertson seconded by Councillor McKenzie moved (1) that the building of a new school be not ruled out and (2) that consideration of the provision of Denominational Primary Education across Holy Cross and St Joseph's Primary Schools be deferred pending submission of the Council's Estates Strategy. |
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Councillors McCabe, McCormick (P), McKenzie, Moran, Roach and Robertson requested in terms of the relevant Standing Order that the vote be taken as a roll call vote and this was agreed. On a vote, Councillors Moran, Roach, McKenzie, McCormick (P), Robertson and McCabe voted in favour of the amendment and Councillors Blair, Hill, Fyfe, Hunter, Mitchell, Tucker, Stewart, Gallacher, White, Snoddy, Forbes, Nimmo and Provost Rebecchi voted in favour of the minute which was declared carried. |
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Decided: that
the minute be approved. |
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The
meeting was adjourned from 5.25 pm to 5.40 pm. |
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510 |
Licensing and Registration
Panel - 29 May 2003 |
510 |
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Approved on the motion of Councillor Snoddy. |
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511 |
Health Improvement Committee -
3 June 2003 |
511 |
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Approved on the motion of Councillor Nimmo seconded
by Councillor Gallacher. |
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512 |
Planning and Traffic Management
Sub-Committee - 4 June 2003 |
512 |
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Approved on the motion of Councillor Forbes. |
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513 |
Corporate Business Committee -
5 June 2003 |
513 |
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Approved on the motion of Councillor Gallacher. |
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514 |
Economic Regeneration Committee
- 10 June 2003 |
514 |
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Approved on the motion of Councillor Fyfe. |
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515 |
Community Committee - 12 June
2003 |
515 |
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Councillor Hunter seconded by Councillor Stewart moved that the replacement minute be approved as a correct record and that the decision set out in paragraph 470 (Flowerbeds and Tubs - A8 Corridor) be confirmed. |
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Councillor Roach seconded by Councillor Robertson moved that Standing Orders be suspended in order that the previous decision made on 22 May 2003 could be reconsidered. As an amendment, Councillor Blair seconded by Councillor Fyfe moved that Standing Orders be not suspended. On a vote, 6 Members voted for the motion and 12 for the amendment. As fewer than two thirds of the Members present voted in favour of the suspension of Standing Orders, the motion fell. |
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Decided:
that the minute be approved. |
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516 |
Best Value and Performance
Review Committee - 17 June 2003 |
516 |
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Approved on the motion of Councillor Hill. |
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517 |
Audit Committee - 17 June 2003 |
517 |
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Approved on the motion of Councillor McCabe. |
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518 |
Policy and Strategy Committee -
19 June 2003 |
518 |
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Approved on the motion of Councillor Blair
seconded by Councillor Hill. |
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519 |
Licensing and Registration
Panel (Special) - 23 June 2003 |
519 |
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Approved on the motion of Councillor Nimmo. |
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520 |
Health Improvement Committee
(Special) - 24 June 2003 |
520 |
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Approved on the motion of Councillor
Gallacher. |
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521 |
Personnel (Appeals and Applied
Conditions of Service) Sub-Committee - 24 June 2003 |
521 |
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Approved on the motion of Councillor
Gallacher. |
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522 |
Health Improvement Committee
(Special) - 26 June 2003 |
522 |
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Approval of the minute as a correct record was moved by Councillor Nimmo seconded by Councillor Snoddy. Councillor Nimmo seconded by Councillor Snoddy moved with reference to paragraph 500 (Policy on Care Homes for the Elderly) that the decision of the Committee as minuted be approved. As an amendment, Councillor McCabe seconded by Councillor Robertson moved that the existing Council policy on Care Homes for the Elderly be confirmed. On a vote, 6 Members voted for the amendment and 12 for the motion which was declared carried. |
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Decided:
that the minute be approved. |
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523 |
Policy and Strategy Committee
(Special) - 26 June 2003 |
523 |
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Approval of the minute as a correct record was moved by Councillor Blair seconded by Councillor Hill. Councillor Blair seconded by Councillor Hill moved with reference to paragraph 502 (Policy on Care Homes for the Elderly) that the decision of the Committee as minuted be approved. As an amendment, Councillor McCabe seconded by Councillor Robertson moved (1) that the Council do not accept the recommendations from the Health Improvement Committee, (2) that the Council confirm its existing policy, (3) that the Council remain a provider of services for the elderly and (4) that the Council proceed with building the new Care Home on the site of the former Hector McNeil Baths. |
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Councillors McCabe, McCormick (P), McKenzie, Moran, Roach and Robertson requested in terms of the relevant Standing Order that the vote be taken as a roll call vote and this was agreed. On a vote, Councillors Moran, Roach, McKenzie, McCormick (P), Robertson and McCabe voted in favour of the amendment and Councillors Blair, Hill, Fyfe, Hunter, Mitchell, Tucker, Stewart, Gallacher, White, Snoddy, Forbes and Nimmo voted in favour of the minute which was declared carried. |
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Decided:
that the minute be approved. |
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524 |
Appointment of Members to the
Education Appeals Committee |
524 |
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There was submitted a report dated 12 June 2003 by the Director of Legal and Support Services seeking (1) confirmation of the appointment of Councillors Hunter, McCormick (P), Moran and Nimmo as Members of the Education Appeals Committee in terms of the Education (Scotland) Act 1980 to hear appeals in relation to placing requests to schools and exclusions of pupils from schools and (2) the continuation of the arrangements for school boards to co-opt members of the boards onto the Education Appeals Committee. |
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Decided: (1) that
the appointment of Councillors Hunter, McCormick (P), Moran and Nimmo to the
Education Appeals Committee be confirmed; and (2) that
the continuation of the arrangements for school boards to co-opt members of
the boards onto the Education Appeals Committee be confirmed. |
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525 |
NHS Argyll and Clyde - Board
Membership |
525 |
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There was submitted replacement report by the Chief Executive on the Council nomination to the Board of NHS Argyll and Clyde. |
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The Council was advised that the Chairman of NHS Argyll and Clyde had now written approving the nomination of Councillor Fyfe to the Board. |
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Decided:
that the Council confirm the nomination of Councillor Fyfe to serve as
a Board Member of NHS Argyll and Clyde. |
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526 |
Strathclyde Joint Police Board
- Appointment of Substitutes |
526 |
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There was submitted a report dated 16 June 2003 by the Director of Legal and Support Services requesting the Council to appoint two substitute Members to the Strathclyde Joint Police Board. |
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Decided:
that Councillors Gallacher and White be appointed as substitute
Members to the Strathclyde Joint Police Board. |
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527 |
Nominations to the Board of
SSERC Ltd |
527 |
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There was submitted a report dated 16 June 2003 by the Director of Legal and Support Services advising that SSERC, a not for profit research centre and advisory body providing technical support to schools and colleges in Scotland, had written requesting the Council to consider making a nomination to its Board. |
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Decided:
that Councillor Tucker be nominated to the Board of SSERC Ltd. |
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528 |
Administrative
Arrangements: Cycle of Council and
Committee Meetings |
528 |
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There was submitted a report dated 17 June 2003 by the Director of Legal and Support Services seeking approval of the schedule of Committee cycles for the period to June 2004 as set out in the Appendix to the report. |
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Decided:
that the proposed cycle of Council/Committee meetings for the year to
June 2004 as set out in the timetable in the Appendix be approved. |
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529 |
Proposed Traffic Regulation
Order - Sir Michael Street, Greenock |
529 |
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There was submitted a report dated 5 June 2003 by the Director of Legal and Support Services relative to the making of the Traffic Regulation Order - Sir Michael Street, Greenock (No Waiting and No Loading at Any Time) 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 and Traffic Management Sub-Committee at its meeting on 4 June 2003. |
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Resolved on the motion of Councillor Forbes
seconded by Councillor Fyfe 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 IV of Schedule 9
of the Road Traffic Regulation Act 1984 to introduce no waiting and no
loading at any time restrictions on Sir Michael 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 and Roads Service and Director of
Legal and Support Services be authorised to take all necessary action in
connection therewith. |
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530 |
Employment of Children: Byelaws |
530 |
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There was submitted a report by the Director of Legal and Support Services on proposed byelaws in relation to the protection of children at work in terms of the Children and Young Persons (Scotland) Act 1937. It was noted that the making of the byelaws had been recommended for approval by the Education and Lifelong Learning Committee at its meeting on 27 May 2003. |
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Resolved on the motion of Councillor Mitchell
seconded by Councillor Tucker that THE INVERCLYDE COUNCIL incorporated under
the Local Government etc (Scotland) Act 1994 RESOLVE TO MAKE as they HEREBY
MAKE in terms of Sections 28(2) and 30(2) of the Children and Young Persons
(Scotland) Act 1937, byelaws in relation to the protection of children at
work all as detailed in a copy of the byelaws forming a supplement to the
principal minute hereof and that the Director of Education Services and
Director of Legal and Support Services be authorised to take all necessary
action in connection therewith. |
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531 |
Purchasing of Franking Machine
- Use of Emergency Powers |
531 |
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There was submitted a report dated 29 April 2003 by the Director of Legal and Support Services advising of the use of the delegated authority granted to the Chief Executive to approve the purchase of a new franking machine using capital funds. |
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Noted |
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532 |
Draft Inverclyde Council Annual
Accounts for 2002/03 |
532 |
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There was submitted a report dated 24 June 2003 by the Director of Finance on the draft accounts of Inverclyde Council to the year 31 March 2003, copies of which were available from Finance Services. |
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Decided: (1) that
the draft accounts of Inverclyde Council for the year to 31 March 2003 be
noted; (2) that
the stringent financial controls exercised by all Services of the Council and
the efforts made by Finance Services in cash and treasury management be
commended; (3) that
the further issues for future consideration be noted, with reports to be
submitted as appropriate; and (4) that
more detailed out-turn reports be submitted to the relevant Service
Committees. |
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533 |
Greenock Waterfront - East
India Harbour: Compulsory Purchase
Order |
533 |
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There was submitted a report dated 19 June 2003 by the Director of Legal and Support Services relative to the making of the Greenock Waterfront - East India Harbour Compulsory Purchase Order 2003 in terms of the Town and Country Planning (Scotland) Act 1997 and the Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947. |
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Resolved on the motion of Councillor Fyfe
seconded by Councillor Hill that THE INVERCLYDE COUNCIL as Planning Authority for the area of
Inverclyde RESOLVE TO MAKE as they HEREBY MAKE in terms of Section 189 of the
Town and Country Planning (Scotland) Act 1997 and the Acquisition of Land
(Authorisation Procedure)(Scotland) Act 1947 a Compulsory Purchase Order entitled
"Greenock Waterfront - East India Harbour Compulsory Purchase Order
2003" authorising them to purchase compulsorily the subjects at the
Victoria Filling Station, Rue End Street, Greenock which subjects are
described in the Schedule to the Order and shown outlined in red on the plan
marked "Map referred to in the Greenock Waterfront - East India Harbour
Compulsory Purchase Order 2003" a copy of which is appended to the
principal minute hereof and that the Director of Legal and Support Services
be instructed to submit the said Compulsory Purchase Order to the Scottish
Ministers for confirmation and to deal with all matters arising from or in
consequence of the making and confirmation of said Order. |
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The Provost being of the
opinion that the undernoted report by the Chief Executive was relevant,
competent and urgent moved its consideration to allow the Council to approve
a response to the Maternity Services Review at the earliest opportunity. This was unanimously agreed in terms of the
relevant Standing Order. |
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534 |
Maternity Services Review - NHS
Argyll and Clyde |
534 |
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There was submitted a report by the Chief Executive requesting the Council to approve the response to the Maternity Services Review required by 13 June 2003 and which had been submitted following discussion with the Provost, the Council Leader and Councillors Fyfe and Roach. |
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Decided:
that the response to the Maternity Services Review Consultation
detailed in Appendix 3 to the report be approved. |
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The Provost being of the
opinion that the undernoted report by the Director of Legal and Support
Services was relevant, competent and urgent moved its consideration to allow
the Council to consider the making of the byelaws at the earliest
opportunity. This was unanimously
agreed in terms of the relevant Standing Order. |
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535 |
Byelaws for the Regulation of
the Cleaning of Common Property |
535 |
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There was submitted a report dated 25 June 2003 by the Director of Legal and Support Services on proposed byelaws for the regulation of the cleaning of common property in terms of the Civic Government (Scotland) Act 1982. It was noted that the byelaws had been recommended for approval by the Health Improvement Committee at its special meeting on 24 June 2003. |
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Resolved on the motion of Councillor Nimmo
seconded by Councillor Snoddy that THE INVERCLYDE COUNCIL incorporated under
the Local Government etc (Scotland) Act 1994 RESOLVE TO MAKE as they HEREBY
MAKE in terms of Section 92 of the Civic Government (Scotland) Act 1982
byelaws in relation to the regulation of the cleaning of common property all
as detailed in a copy of the byelaws forming a supplement to the principal
minute hereof and that the Director of Social Work and Housing Services and
Director of Legal and Support Services be authorised to take all necessary
action in connection therewith. |
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The Provost being of the
opinion that the undernoted report by the Director of Legal and Support
Services was relevant, competent and urgent moved its consideration to allow
the Council to agree the composition of the Special Waterfront Working Group
to deal with an urgent item of business.
This was unanimously agreed in terms of the relevant Standing Order. |
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536 |
Special Waterfront Working
Group |
536 |
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There was submitted a report dated 26 June 2003 by the Director of Legal and Support Services requesting agreement (1) to reconstitute the membership of the Special Waterfront Working Group following the May elections and (2) to provide powers to that Group to consider and approve the terms of negotiation of settlement of part of the claim made by Mowlem against the Council. |
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Decided: (1) that
Councillors Blair, Fyfe, Hill, McCabe, Mitchell and Roach be appointed to the
Special Waterfront Working Group and that provision be made for the
attendance of substitutes; and (2) that
delegated authority be granted to the Chief Executive whom failing the Depute
Chief Executive whom failing the Director of Legal and Support Services in
consultation with the Special Waterfront Working Group to consider and
approve the negotiated terms of settlement between Inverclyde Council's
consultants and Mowlem to date in respect of that part of the claim submitted
for arbitration relating to the construction of the Waterfront Leisure
Complex, Greenock. |
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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 two items involved the likely disclosure of
exempt information as defined respectively in paragraph 8 and paragraph 13 of
Part I of Schedule 7(A) of the Act and that consideration of the item
thereafter (Business in the Appendix) 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. |
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537 |
Draft DLO/DSO Annual Accounts
for 2002/03 |
537 |
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There was submitted a report dated 24 June 2003 by the Director of Finance on the draft DLO/DSO Accounts of Inverclyde Council for the year to 31 March 2003, copies of which were available from Finance Services. |
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Noted |
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538 |
Proposed Provisional Tree
Preservation Order |
538 |
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There
was submitted a report dated 12 June 2003 by the Director of Legal and
Support Services on a proposed provisional Tree Preservation Order and the
Council resolved to make the said Order, all as detailed in the Appendix. |
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Appendices
to Minutes |
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539 |
Health Improvement Committee - 3 June
2003 |
539 |
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Approved on the motion of Councillor Nimmo. |
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540 |
Economic Regeneration Committee - 10
June 2003 |
540 |
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Approved on the motion of Councillor Fyfe. |
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541 |
Personnel (Appeals and Applied
Conditions of Service) Sub-Committee - 24 June 2003 |
541 |
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Approved on the motion of Councillor Gallacher. |
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IC-26JUN03/8