The Inverclyde Council

Thursday 26 February 2004 at 4.00 pm

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

Chair:  Councillor Hill  presided. 

In attendance:  Chief Executive, Depute Chief Executive, Director of Corporate Services, Mr J Sutherland (for Director of Education Services), Director of Legal & Support Services, Mrs B Billings (for Director of Social Work Services), Head of Housing & Building Services and Managing Solicitor (Committees/Contracts).

Apologies:  Provost Rebecchi and Councillor Fyfe.

Minutes of Meetings of

The Inverclyde Council, Committees and Sub-Committees

132

The Inverclyde Council - 4 December 2003

132

Approved on the motion of Councillor Hill.

133

Licensing & Registration Panel - 10 December 2003

133

Approved on the motion of Councillor Snoddy.

134

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 16 December 2003

134

Approved on the motion of Councillor McCormick (P).

135

Policy & Strategy Committee (Special) - 18 December 2003

135

It was noted that this minute had been approved at the special meeting of The Inverclyde Council on 18 December 2003.

136

The Inverclyde Council (Special) - 18 December 2003

136

Approved on the motion of Councillor Hill.

137

Planning & Traffic Management Sub-Committee - 7 January 2004

137

Approved on the motion of Councillor Forbes.

138

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 9 January 2004

138

Approved on the motion of Councillor Gallacher.

139

Education & Lifelong Learning Committee - 13 January 2004

139

Approved on the motion of Councillor Mitchell.

140

Licensing & Registration Panel - 14 January 2004

140

Approved on the motion of Councillor Snoddy.

141

Best Value & Performance Review Committee - 15 January 2004

141

Approved on the motion of Councillor Hill.

142

Health Improvement Committee - 20 January 2004

142

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 43 (BISF Houses) that the decision of the Committee as minuted be approved.  As an amendment Councillor McCabe seconded by Councillor Moran moved:

(1)      that tenders be invited for Phase 1 of the BISF houses (South Maukinhill) and Phase 2 (Bardrainney) including 38-40 Quarry Road, Port Glasgow;

(2)      that the Housing Trust be asked to consider the refurbishment of the BISF houses as an early priority of its investment programme;  and

(3)      that a letter be sent by the Convener of the relevant Committee to affected tenants and owners setting out his views regarding the long term future of the properties within the two estates.

With regard to decision (1) of the minute, Councillor Hill ruled under Standing Order 31 that this did not require the suspension of Standing Orders insofar as a material change of circumstances had taken place as a result of the significant increase in the proposed costs of the works.

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

Decided:  that the minute be approved.

143

Education & Lifelong Learning Committee (Special) - 21 January 2004

143

It was noted that this minute had been approved at the special meeting of The Inverclyde Council on 21 January 2004.

144

Policy & Strategy Committee (Special) - 21 January 2004

144

It was noted that this minute had been approved at the special meeting of The Inverclyde Council on 21 January 2004.

145

The Inverclyde Council (Special) - 21 January 2004

145

Approved on the motion of Councillor Hill.

146

Corporate Business Committee - 22 January 2004

146

Approved on the motion of Councillor White.

147

Health Improvement Committee (Special) - 26 January 2004

147

It was noted that this minute had been approved at the special meeting of The Inverclyde Council on 26 January 2004.

148

The Inverclyde Council (Special) - 26 January 2004

148

Approved on the motion of Councillor Hill.

149

Economic Regeneration Committee - 27 January 2004

149

Approved on the motion of Councillor Forbes.

150

Community Committee - 29 January 2004

150

Approved on the motion of Councillor Hunter.

151

Interview Committee - 2 February 2004

151

Approved on the motion of Councillor Blair.

152

Planning & Traffic Management Sub-Committee - 4 February 2004

152

Approved on the motion of Councillor Forbes.

153

Audit Committee - 10 February 2004

153

Approved on the motion of Councillor McCabe.

154

Policy & Strategy Committee (Special) - 10 February 2004

154

It was noted that this minute had been approved at the special meeting of The Inverclyde Council on 12 February 2004.

155

Grants Sub-Committee - 12 February 2004

155

Approved on the motion of Councillor Hunter.

156

Policy & Strategy Committee - 12 February 2004

156

Approved on the motion of Councillor Blair.

157

The Inverclyde Council (Special) - 12 February 2004

157

Approved on the motion of Councillor Hill.

158

Standing Orders and Scheme of Administration

158

There was submitted a report dated 16 February 2004 by the Director of Legal & Support Services (1) on the proposed Standing Orders and Scheme of Administration to replace those adopted by the Council on 27 February 2003 (para 202) which had been considered by the Policy & Strategy Committee at its meeting on 13 February 2003 and (2) requesting the Council to approve the cycle of meetings detailed in Appendix 2 for use during the next two Committee cycles.

Decided:

(1)      that it be resolved on the motion of Councillor Blair seconded by Councillor Hill 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, a copy of which forms Appendix 1 to the principal minute hereof and that with effect from the date of this Resolution, videlicet 26 February 2004”;  and

(2)      that the cycle of meetings detailed in Appendix 2 be approved for use during the next two Committee cycles.

159

Appointment of Committees and Sub-Committees with Conveners and Vice Conveners

159

Councillor Blair seconded by Councillor Mitchell moved the appointment, to 17 June 2004, of the following Committees, Sub-Committees and Licensing & Registration Panel together with the Conveners, Vice-Conveners and Chairs thereof.

159

159

159

POLICY & STRATEGY COMMITTEE

1     Councillor Fyfe

7     Councillor Snoddy

2     Councillor Robertson

8     Councillor Nimmo

3     Councillor Hill

9     Councillor Mitchell

4     Councillor McCabe

10   Councillor Blair

5     Councillor McCormick (M)

11   Councillor Forbes

6     Councillor Roach

12   Provost Rebecchi  (ex officio)

Convener:  Councillor Blair

Vice-Convener:  Councillor Hill

BEST VALUE AND CORPORATE SERVICES COMMITTEE

1     Councillor Fyfe

7     Councillor McCormick (P)

2     Councillor Stewart

8     Councillor White

3     Councillor McCabe

9     Councillor Hunter

4     Councillor McCormick (M)

10   Provost Rebecchi  (ex officio)

5     Councillor Moran

11   Councillor Blair (ex officio)

6     Councillor Nimmo

12   Councillor Hill (ex officio)

Convener:  Councillor White

Vice-Convener:  Councillor Stewart

ENVIRONMENT AND REGENERATION COMMITTEE

1     Councillor Fyfe

7     Councillor Mitchell

2     Councillor McCabe

8     Councillor Hunter

3     Councillor Roach

9     Councillor Forbes

4     Councillor Snoddy

10  Provost Rebecchi (ex officio)

5     Councillor Gallacher

11   Councillor Blair (ex officio)

6     Councillor McCormick (P)

12   Councillor Hill (ex officio)

Convener:  Councillor Fyfe

Vice-Conveners: Councillor Gallacher (Housing)

                            Councillor Forbes (Environment & Regeneration)

EDUCATION & LIFELONG LEARNING COMMITTEE

1     Councillor Robertson

7     Councillor Mitchell

2     Councillor Tucker

8     Councillor White

3     Councillor McCabe

9     Councillor Forbes

4     Councillor Snoddy

10   Provost Rebecchi (ex officio)

5     Councillor Gallacher

11   Councillor Blair (ex officio)

6     Councillor McKenzie

12   Councillor Hill (ex officio)

Church Representatives:  Fr T Boyle, Rev J Miller and Rev C McGranaghan

Parent Representative: Mr A Sweeney

Teacher Representative: Mr T Tracey

Convener:  Councillor Mitchell

Vice-Convener:  Councillor Tucker

HEALTH AND SOCIAL CARE COMMITTEE

1     Councillor Robertson

7     Councillor McKenzie

2     Councillor Stewart

8     Councillor Mitchell

3     Councillor Moran

9     Councillor Forbes

4     Councillor Snoddy

10  Provost Rebecchi (ex officio)

5     Councillor Nimmo

11   Councillor Blair (ex officio)

6     Councillor Gallacher

12   Councillor Hill (ex officio)

Convener:  Councillor Nimmo

Vice-Convener:   Councillor Snoddy

COMMUNITY COMMITTEE

1     Councillor Fyfe

7     Councillor Roach

2     Councillor Robertson

8     Councillor White

3     Councillor Tucker

9     Councillor Hunter

4     Councillor Stewart

10  Provost Rebecchi  (ex officio)

5     Councillor McCormick (M)

11   Councillor Blair (ex officio)

6     Councillor Moran

12   Councillor Hill (ex officio)

Convener:  Councillor Hunter

Vice-Convener:  Councillor Stewart

AUDIT COMMITTEE

1     Councillor Robertson

6     Councillor Roach

2     Councillor Hill

7     Councillor Mitchell

3     Councillor Stewart

8     Councillor Blair

4     Councillor McCabe

9     Councillor White

5     Councillor McCormick (M)

Convener:  Councillor McCabe

Vice-Convener:  Councillor Robertson

LICENSING & REGISTRATION PANEL

1     Councillor Tucker

5     Councillor Nimmo

2     Councillor McCormick (M)

6     Councillor Gallacher

3     Councillor Moran

7     Councillor McKenzie

4     Councillor Snoddy

Chair:  Councillor Snoddy

Substitute:  Councillor Nimmo

PLANNING & TRAFFIC MANAGEMENT COMMITTEE

1     Councillor Fyfe

5     Councillor Mitchell

2     Councillor Stewart

6     Councillor Hunter

3     Councillor Roach

7     Councillor Forbes

4     Councillor McCormick (P)

Convener:  Councillor Forbes

Vice-Convener:  Councillor Fyfe

PERSONNEL (APPEALS & APPLIED CONDITIONS OF SERVICE) SUB-COMMITTEE

1     Councillor Stewart

5     Councillor McCormick (P)

2     Councillor McCabe

6     Councillor White

3     Councillor Moran

7     Councillor Hunter

4     Councillor Nimmo

Convener:  Councillor Stewart

Vice-Convener:  Councillor White

EDUCATION SERVICES (APPEALS) SUB-COMMITTEE

1     Councillor Robertson

5     Councillor McKenzie

2     Councillor Tucker

6     Councillor Mitchell

3     Councillor McCabe

7     Councillor Forbes

4     Councillor Gallacher

Convener:  Councillor Tucker

Vice-Convener:  Councillor Gallacher

EDUCATION APPEALS COMMITTEE (PLACING REQUESTS)

1.    Councillor Moran

3.    Councillor McCormick (P)

2.    Councillor Nimmo

4.    Councillor Hunter

EDUCATION (SCHOOL PUPIL RECORDS) SUB-COMMITTEE

1     Councillor Robertson

5     Councillor Forbes

2     Councillor Tucker

6     Previously Parent Representative on

3     Councillor Gallacher

       Education & Lifelong Learning

       Committee

4     Councillor McKenzie

7     Rev  C McGranaghan

Convener:  Councillor Tucker

Vice-Convener:  Councillor Gallacher

CHILD CARE SUB-COMMITTEE

1     Councillor Robertson

5     Councillor Nimmo

2     Councillor Hill

6     Councillor McKenzie

3     Councillor Moran

7     Councillor Forbes

4     Councillor Snoddy

Convener:  Councillor Snoddy

Vice-Convener  Councillor Forbes

INVERCLYDE LICENSING BOARD

1     Councillor Hill

6     Councillor McCormick (P)

2     Councillor Stewart

7     Councillor White

3     Councillor Moran

8     Councillor Hunter

4     Councillor Roach

9     Councillor Forbes

5     Councillor Snoddy

Chair:  Councillor Hill

STANDARDS COMMITTEE

1     Councillor Hill

3     Councillor McCormick (M)

2     Councillor McCabe

4     Councillor Blair

Chair:

JOINT CONSULTATIVE COMMITTEE (EMPLOYEES)

All Members of Best Value and Corporate Services Committee

JOINT CONSULTATIVE COMMITTEE (CRAFT OPERATIVES)

All Members of Best Value and Corporate Services Committee

LOCAL NEGOTIATING COMMITTEE FOR TEACHERS

All Elected Members of Education & Lifelong Learning Committee

159

159

159

Decided:

(1)      that the appointments as detailed above be approved up to 17 June 2004;  and

(2)      that the membership of outside bodies be also reviewed on that date.

160

Council Membership of Housing Trust Shadow Board

160

There was submitted a report by the Depute Chief Executive requesting the Council to confirm membership of the Shadow Board of the Not for Profit Housing Trust.

Decided:  on the motion of Councillor Blair seconded by Councillor Hill:-

(1)      that subject to the suspension of Standing Orders, Councillors Tucker (Chair), White, Nimmo, Mitchell, Robertson and Moran be appointed on an interim basis to the Shadow Board of the not for Profit Housing Trust and that the Council note the requirement on the abovenoted Members to declare an interest in any Council business relating to the Board;  and

(2)      that it be noted that a review of the Council’s membership may be required depending on Communities Scotland’s registration requirements for new social rented landlords.

161

Greenock Prison Visiting Committee

161

There was submitted a report by the Director of Legal & Support Services (1) advising that Councillor Hill had intimated his resignation from the Greenock Prison Visiting Committee and (2) requesting the Council to consider filling the resultant vacancy.

Decided:  that Mrs Anne Freebairn be appointed to the Greenock Prison Visiting Committee.

162

Clyde Muirshiel Park - Proposal to Establish a Development Trust

162

There was submitted a report by the Director of Community Services requesting the Council to support the creation of a Development Trust for Clyde Muirshiel Park Authority.

Resolved on the motion of Councillor Stewart seconded by Councillor Hunter that “THE INVERCLYDE COUNCIL incorporated under the Local Government etc (Scotland) Act 1994 RESOLVE TO MAKE as they HEREBY MAKE a Resolution under Section 56(5) of the Local Government (Scotland) Act 1973 to constitute a Development Trust for the Clyde Muirshiel Park Authority to carry out the functions detailed in the Minute of Agreement, a copy of which forms a supplement to the principal minute hereof” and that the Director of Community Services be authorised to take all necessary action in connection therewith.

163

Introduction of Tax on Plastic Shopping Bags

163

There was submitted a report dated 15 January 2004 by the Director of Legal & Support Services advising of a request received from Aberdeen City Council that the Council give its support to a vigorous campaign for the introduction of a tax on plastic shopping bags.

Decided:  that it be agreed to note the request in the meantime and consider the matter further following a report on the subject to be submitted to the Community Committee.

164

Redetermination of Means of Exercise of Public Right of Passage Order - Various Roads, Greenock and Gourock

164

There was submitted a report by the Director of Legal & Support Services relative to the making of the Redetermination of Means of Exercise of Public Right of Passage Order - Various Roads, Greenock and Gourock 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 on 4 February 2004.

Resolved on the motion of Councillor Forbes seconded by Councillor Stewart 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) and 152(2) of the Roads (Scotland) Act 1984 to permit the Redetermination of the Means of Exercise of Public Right of Passage of Various Roads in Greenock and Gourock for shared use by cycles and pedestrians, 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.

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 two items involved the likely disclosure of exempt information as defined in paragraph 13 of Part I of Schedule 7(A) of the Act and that consideration of the item thereafter 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.

Councillor McCormick (M) left the meeting at this juncture.

165

Proposed Provisional Tree Preservation Order

165

There was submitted a report dated 28 January 2004 by the Director of Legal & Support Services on a proposed provisional Tree Preservation Order and the Council resolved to make the said Order all as detailed in the Appendix.

166

Pottery Street Redevelopment

166

There was submitted a report by the Director of Legal & Support Services recommending action in connection with the redevelopment of Pottery Street, Greenock which the Council agreed all as detailed in the Appendix.

Appendices to Minutes

167

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 16 December 2003

167

Approved on the motion of Councillor McCormick (P).

168

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 9 January 2004

168

Approved on the motion of Councillor Gallacher.

169

Health Improvement Committee - 20 January 2004

169

Approved on the motion of Councillor Nimmo.

170

Economic Regeneration Committee - 27 January 2004

170

Approved on the motion of Councillor Forbes.