2

 

THE INVERCLYDE COUNCIL - 4 DECEMBER 2003

 

 

The Inverclyde Council

 

Thursday 4 December 2003 at 4.00 pm

 

 

Present:   Provost Rebecchi, Councillors Blair, Forbes, Fyfe, Gallacher, Hill, Hunter, McCabe, McCormick (M), McCormick (P), McKenzie, Mitchell, Moran, Nimmo, Roach, Robertson, Snoddy, Stewart and White.

 

 

Chair:  Provost Rebecchi presided. 

 

 

In attendance:  Chief Executive, Depute Chief Executive, Director of Education Services, Director of Finance, Director of Legal & Support Services, Director of Social Work & Housing Services, Head of Environmental & Consumer Services, Head of Personnel Services, Head of Transportation & Roads Service and Managing Solicitor (Committees/ Contracts).

 

 

Apologies:  Councillor Tucker.

 

881

Mr Tony McGlone

881

 

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 Tony McGlone.  Provost Rebecchi, Councillor Blair and Councillor McCabe paid tribute to Mr McGlone’s many years of service to local government.

 

 

Minutes of Meetings of

The Inverclyde Council, Committees and Sub-Committees

 

882

The Inverclyde Council - 9 October 2003

882

 

Approved on the motion of Provost Rebecchi.

 

883

Education & Lifelong Learning Committee - 21 October 2003

883

 

Approved on the motion of Councillor Mitchell.

 

884

Best Value & Performance Review Committee - 23 October 2003

884

 

Approved on the motion of Councillor Hill.

 

885

The Inverclyde Council - 27 October 2003

885

 

Approved on the motion of Provost Rebecchi.

 

886

Health Improvement Committee - 28 October 2003

886

 

Approved on the motion of Councillor Nimmo.

 

 

887

Education & Lifelong Learning Committee - 30 October 2003

 

887

 

It was noted that this minute had been approved at the special meeting of The Inverclyde Council on 30 October 2003.

 

888

Policy & Strategy Committee - 30 October 2003

888

 

It was noted that this minute had been approved at the special meeting of The Inverclyde Council on 30 October 2003.

 

889

The Inverclyde Council - 30 October 2003

889

 

Approved on the motion of Provost Rebecchi.

 

890

Corporate Business Committee - 30 October 2003

890

 

Approved on the motion of Councillor White.

 

891

Economic Regeneration Committee - 4 November 2003

891

 

Approved on the motion of Councillor Fyfe.  Councillor Blair declared an interest in respect of para 808 (Disposal of Premises - Davidson Drive, Gourock) and took no part in its consideration or decision.

 

892

Planning & Traffic Management Sub-Committee - 5 November 2003

892

 

Approved on the motion of Councillor Forbes.

 

893

Community Committee - 6 November 2003

893

 

Approved on the motion of Councillor Stewart.

 

894

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 6 November 2003

894

 

Approved on the motion of Councillor Gallacher.

 

895

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 11 November 2003

895

 

Approved on the motion of Councillor Gallacher.

 

896

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 12 November 2003

896

 

Approved on the motion of Councillor Gallacher.

 

 

897

Grants Sub-Committee - 12 November 2003

 

897

 

Approved on the motion of Councillor Hunter.

 

898

Licensing & Registration Panel - 12 November 2003

898

 

Approved on the motion of Councillor Nimmo.

 

899

Education & Lifelong Learning Committee - 13 November 2003

899

 

Approved on the motion of Councillor Mitchell.

 

900

Policy & Strategy Committee - 13 November 2003

900

 

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

 

901

The Inverclyde Council - 13 November 2003

901

 

Approved on the motion of Provost Rebecchi.

 

902

Audit Committee - 18 November 2003

902

 

Approved on the motion of Councillor McCabe.

 

903

Policy & Strategy Committee - 20 November 2003

903

 

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 861 (Port Glasgow Town Buildings - Upper Floor) that the decision of the Committee as minuted be approved.  As an amendment Councillor Hunter seconded by Councillor Robertson moved that the scheme be referred back to the Committee to carry out consultation within Port Glasgow.  On a vote 5 Members voted for the amendment and 13 for the motion which was declared carried.

 

 

Decided:  that the minute be approved.

 

904

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 21 November 2003

904

 

Approved on the motion of Councillor McCormick (P).

 

905

Health Improvement Committee - 24 November 2003

905

 

Approval of the minute as a correct record was moved by Councillor Nimmo seconded by Councillor Gallacher.  Councillor Nimmo seconded by Councillor Gallacher moved with reference to paragraph 870 (Implementing Proposals for Housing Stock Transfer) that the decision of the Committee as minuted be approved.  As an amendment, Councillor McCabe seconded by Councillor Robertson with regard to sub-paragraphs 2 and 4 of the minute, moved that 2(a) the Council confirms that under current government policies whole stock transfer represents the best avenue for securing the necessary funding to increase the quality of social rented housing in Inverclyde and ensuring that rents charged to tenants are affordable, (c) that the Council’s nominees to the Shadow Board be composed of 3 Members of the Majority Group and 2 Members of the Minority Groups, (d) that the chairperson of the Board be selected by the other Members of the Board and (e) that the Council confirms that its nominees to the Shadow Board should work actively to promote the interests of the new landlord organisation with the objective of encouraging the Council tenants to vote in favour of transfer to it and (4) that the secondment of staff to support the new Shadow Board be remitted to the Chief Executive and the Director of Social Work & Housing Services and that appointments be carried out in accordance with the Council’s approved policies in respect of recruitment and selection and equal opportunities and all relevant legislation.

Councillors McCabe, McCormick (P), McKenzie, Moran, Roach and Robertson requested in terms of the relevant Standing Orders that the vote be taken as a roll call vote in respect of 2(e) and this was agreed together with separate votes on each of the other proposals.  On a vote in respect of 2(a) 7 Members voted for the amendment and 10 for the minute which was declared carried.

 

 

With regard to 2(c) discussion took place on the application of Standing Orders to the decision of the Committee and the Provost ruled that the proposed representation on the Shadow Trust Board required no suspension of Standing Orders insofar as the political composition proposed complied with Standing Order 5.2.  On a vote 7 Members voted for the amendment and 11 for the minute which was declared carried.  The Labour Members requested that their dissent on this ruling be noted and intimated that they would make no nominations for membership of the Shadow Trust Board.

With regard to 2(d) 7 Members voted for the amendment and 11 for the minute which was declared carried.

With regard to 2(e) Councillors Roach, Moran, McCormick (M), McKenzie, McCormick (P), Robertson and McCabe voted in favour of the amendment and Councillors Snoddy, Mitchell, Hill, Blair, Stewart, Nimmo, Gallacher, White, Forbes, Hunter and Fyfe voted in favour of the minute which was declared carried.

In respect of paragraph 4, 7 Members voted in favour of the amendment and 10 for the minute which was declared carried.

 

 

With regard to paragraph 871 Councillor McCabe declared an interest in this item and took no part in its consideration.

 

 

Decided:  that the minute be approved.

 

906

Policy & Strategy Committee - 2 December 2003

906

 

Approval of the minute as a correct record was moved by Councillor Blair seconded by Councillor Hill.   Councillor Blair seconded by Councillor Hill moved that with reference to paragraph 872 (Political Management Arrangements) the decision of the Committee as minuted be approved.  As an amendment Councillor McCabe seconded by Councillor Robertson moved that:-

 

 

(a)      The existing Committee system remain in place with the following amendments:

 

 

1.       the deletion of the Best Value & Performance Review Committee with its remit being covered by the Policy & Strategy Committee;  and

 

 

2        the deletion of the Corporate Business Committee with its remit being covered by the Policy & Strategy Committee.

 

 

 

(b)      The Labour Group reaffirms its support for the establishment of Area Committees and requests that the Chief Executive brings forward detailed proposals on how these would operate.

 

 

 

(c)      If the above proposals are accepted by the Council the Standing Orders Working Group should be convened to address the changes required to the Standing Orders and Scheme of Delegation and to consider proposals for an information system for Councillors in line with paragraph 7.1 of the Chief Executive’s report.

 

 

On a vote 7 Members voted for the amendment and 11 for the motion which was declared carried.

 

 

Councillor Blair seconded by Councillor Hill moved with reference to paragraph 873 (Chief Officers Review and Management Structure) that the decision of the Committee as minuted be approved.  As an amendment Councillor McCabe seconded by Councillor Robertson moved that interviews, if required, regarding the appointment of Directors are carried out in line with existing Council policy;  and that the Committee agree that the review of Heads of Service/Senior Officers within services be concluded as detailed in paragraph 10.11 of the Chief Executive’s report within three months and that consideration of items 2(a), (b), (c), (d), (e), (f), (k) and (l) proposed by the Majority Group be remitted to the Corporate Management Team and that a report on the implications of these proposals be submitted to Committee in due course.  On a vote 7 Members voted for the amendment and 10 for the minute which was declared carried.

 

 

Decided:  that the minute be approved.

 

 

Councillor Stewart left the meeting at this point.

 

907

Economic Regeneration Committee - 3 December 2003

907

 

Approved on the motion of Councillor Fyfe.

 

908

Planning & Traffic Management Sub-Committee - 3 December 2003

908

 

Approved as a correct record on the motion of Councillor Forbes.  Councillor Forbes seconded by Councillor Fyfe moved with respect to paragraph 877(j) (Gourock Ropeworks, Bay Street, Port Glasgow (IC/03/028R & LB/03/001R) Conversion of Gourock Ropeworks Building to Form 35 Flatted Dwellings and Construction of Two New Flatted Blocks Containing 54 and 24 Flatted Dwellings Respectively) that Standing Orders be suspended in order that the decision made on 3 December 2003 could be amended and this was agreed.  It was agreed further that condition (b)(6) be deleted as the condition was no longer required and accordingly the remainder of the conditions should be renumbered as required;  at condition (b)(9) “associated with the listed building to be agreed in writing with the Head of Planning Services” should be inserted after “shown on the approved plans” (line 2) and at condition (b)(16) it should read “that before construction work on the development hereby permitted commences, certificates shall be submitted from a chartered structural engineer confirming the stability of the listed building including, if necessary, details of stabilisation measures, to ensure stability of the listed building in the interests of prospective residents.”

 

 

Decided:  that the minute be approved on this basis.

 

 

909

Resolution:  6, 8, 10 and 12 Garvald Street, Greenock Housing Action Area for Demolition - Final Resolution

 

909

 

There was submitted a report dated 25 November 2003 by the Director of Legal & Support Services on a recommendation from the Health Improvement Committee on 24 November 2003 that the Council makes the Final Resolution declaring the houses at 6, 8, 10 and 12 Garvald Street, Greenock a Housing Action Area for Demolition.  Councillor McCabe declared an interest in this matter and took no part in its decision.

 

 

Decided:  that it be resolved on the motion of Councillor Nimmo seconded by Councillor Gallacher that “The Inverclyde Council, Local Authority for the purposes of the Housing (Scotland) Act 1987 RESOLVE TO MAKE as they HEREBY MAKE a Final Resolution in terms of Section 95 of the Housing (Scotland) Act 1987 entitled “The 6, 8, 10 and 12 Garvald Street, Greenock Housing Action Area for Demolition Final Resolution 2003” relative to the demolition of all the buildings in the area shown edged in yellow and coloured brown on the map referred to in The 6, 8, 10 and 12 Garvald Street, Greenock Housing Action Area for Demolition Final Resolution 2003 and comprising the land (including buildings and appurtenances) at 6, 8, 10 and 12 Garvald Street, Greenock” all as detailed in a copy of the Final Resolution forming a supplement to the principal minute hereof and that 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 the making of a Traffic Regulation Order at the earliest opportunity.  This was unanimously agreed in terms of the relevant Standing Order.

 

910

Proposed Traffic Regulation Order - On Street Parking Places (Without Charges) Order No. 1 2003

910

 

There was submitted a report dated 3 December 2003 by the Director of Legal & Support Services relative to the making of the Traffic Regulation Order - On Street Parking Places (Without Charges) Order No. 1 2003 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 3 December 2003.

 

 

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 Section 32(1) and Part 3 of Schedule 9 of the Road Traffic Regulation Act 1984 to permit the provision of parking places for disabled persons who hold a badge under the Disabled Persons (Badges for Motor Vehicles)(Scotland) Regulations 2000 as amended, 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 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.

 

911

The Inverclyde Council - 27 October 2003

911

 

Approved on the motion of Provost Rebecchi.

 

912

Health Improvement Committee - 28 October 2003

912

 

Approved on the motion of Councillor Nimmo.

 

913

Corporate Business Committee - 30 October 2003

913

 

Approved on the motion of Councillor White.

 

914

Economic Regeneration Committee - 4 November 2003

914

 

Approval of the Appendix to the minute as a correct record was moved by Councillor Fyfe seconded by Councillor Forbes.  Councillor Fyfe seconded by Councillor Forbes moved with reference to paragraph 808 (Disposal of Premises - Davidson Drive, Gourock) that the decision of the  Committee as minuted be approved.  As an amendment Councillor Hunter seconded by Councillor Roach moved that the second highest offer as set out in the report be accepted.  On a vote 6 Members voted for the amendment and 10 for the minute which was declared carried.

 

 

Decided:  that the minute be approved.

 

915

Community Committee - 6 November 2003

915

 

Approved on the motion of Councillor Stewart.

 

916

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 6 November 2003

916

 

Approved on the motion of Councillor Gallacher.

 

917

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 11 November 2003

917

 

Approved on the motion of Councillor Gallacher.

 

918

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 12 November 2003

918

 

Approved on the motion of Councillor Gallacher.

 

919

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 21 November 2003

919

 

Approved on the motion of Councillor Gallacher.

 

 

 

 

 

 

 

 

 

IC-4DEC03/11