The Inverclyde Council

Thursday 21 April 2005 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, Tucker and White.

Chair:  Provost Rebecchi presided. 

In attendance:  Chief Executive, Depute Chief Executive, Director of  Community Services, Director of Corporate Services, Director of Education Services, Head of Implementation Team, Head of Legal Services, Mr N McLaren (for Head of Planning Services), Mr A Gerrard (for Head of Property Services), Head of Performance Management & Policy Development and Managing Solicitor (Committees/Contracts).

Minutes of Meetings of

The Inverclyde Council, Committees and Sub-Committees

366

The Inverclyde Council - 24 February 2005

366

Approved on the motion of Provost Rebecchi.

367

Planning & Traffic Management Committee - 2 March 2005

367

Approval of the minute as a correct record was moved by Councillor Forbes seconded by Councillor Fyfe.  Councillor Forbes seconded by Councillor Fyfe moved with reference to paragraph 214(e) (Change of Use of Offices to Form 4 Flats Together with Formation of Front and Rear Dormer Windows:  34 Union Street, Greenock (IC/04/340 and LB/04/021)) that the decision of the Committee as minuted be approved.  As an amendment, Councillor Roach seconded by Councillor McKenzie moved (1) that the application be refused as parking provision cannot be provided in accordance with the Council’s Roads Development Guidelines 1995 and accordingly the proposal is contrary to Policy H13 of the Inverclyde Local Plan, First Review Final Draft and (2) that permission for listed building consent LB/04/021 be granted.  On a vote, 6 Members voted for the amendment and 10 for the motion which was declared carried. 

Councillor Blair declared an interest in respect of a previous business relationship with the applicants and did not participate in the debate or vote on this item.

Decided:  that the minute be approved.

368

Education & Lifelong Learning Committee - 8 March 2005

368

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

Approval of the minute was moved by Councillor Mitchell.

It was agreed unanimously to suspend Standing Orders to allow further consideration of paragraph 222 (Revenue Budget 2004/05 - Period 10).

Councillor Mitchell seconded by Councillor  Snoddy moved that the decision of the Committee as minuted be approved.  As an amendment, Councillor Robertson seconded by Councillor McCabe moved that the £63,000 increase in the projected underspend be retained within the Education Services Budget.  On a vote, 7 Members voted for the amendment and 12 for the motion which was declared carried.

Decided:  that the minute be approved.

369

Licensing & Registration Panel - 9 March 2005

369

Approved on the motion of Councillor Snoddy.

370

Community Committee - 10 March 2005

370

Approved on the motion of Councillor Hunter.

371

Health & Social Care Committee - 15 March 2005

371

Approved on the motion of Councillor Nimmo.

372

Audit Committee - 17 March 2005

372

Approved on the motion of Councillor McCabe.

373

Environment & Regeneration Committee - 22 March 2005

373

Approval of the minute was moved by Councillor Fyfe subject to amendment to decision 3 at paragraph 293 (Area Renewal - Update) to provide that the report by the Depute Chief Executive on the application of the Housing Allocation Policy will cover all categories of persons (owner occupiers and tenants) and not only in Maukinhill but also in other similar areas within Inverclyde.

Decided:  that the minute as amended be approved.

374

Best Value & Corporate Services Committee - Shortlisting Sub-Committee - 24 March 2005

374

Approved on the motion of Councillor White.

375

Best Value & Corporate Services Committee - 24 March 2005

375

Approval of the minute as a correct record was moved by Councillor White seconded by Councillor Stewart.  Councillor White seconded by Councillor Stewart moved with reference to paragraph 313 (The Birkmyre Trust, Kilmacolm) that the decision of the Committee as minuted be approved.  As an amendment, Councillor McCabe seconded by Councillor McKenzie moved:

(1)      that the progress of the Council’s proceedings in the Court of Session and the proposals to conclude the proceedings following Counsel’s advice be approved;

(2)      that the Committee as Trustees agree that the power to grant leases at Birkmyre Park be limited to the area described in paragraph 2.7 of the report;

(3)      that a public meeting and meeting with interested parties and recognised bodies in Kilmacolm be arranged and that a letter be issued to all residents of Kilmacolm providing them with an opportunity to comment on (a) the current proposals for refurbishment and extension of the Birkmyre Pavilion to provide recreational facilities including a gymnasium and (b) a refurbishment of existing accommodation within the Pavilion;  and

(4)      that no planning application be submitted pending a report by the appropriate officers on the overall scheme and its funding requirements incorporating a business plan from Inverclyde Leisure.Â

On a vote, 7 Members voted for the amendment and 12 for the motion which was declared carried.

Decided:  that the minute be approved.

376

Waste Strategy Sub-Committee - 24 March  2005

376

Approved on the motion of Councillor Stewart.

377

Grants Sub-Committee - 30 March 2005

377

Approval of the minute was moved by Councillor Hunter subject to the inclusion of Councillor Stewart’s apologies.

Decided:  that the minute as corrected be approved.

378

Policy & Strategy Committee - 5 April 2005

378

Approved on the motion of Councillor Blair seconded by Councillor Hill.

379

Planning & Traffic Management Committee - 6 April 2005

379

Approval of the minute as a correct record was moved by Councillor Forbes seconded by Councillor Fyfe.   Councillor Forbes seconded by Councillor Fyfe moved with reference to paragraph 344(f) (Construction of 28 Flatted Dwellings:  14 Highholm Street, Port Glasgow (IC/04/156R)) that the decision of the Committee as minuted be approved.  As an amendment, Councillor Stewart seconded by Councillor Robertson moved that planning permission be refused as the proposal would result in overdevelopment of the site.  On a vote, 7 Members voted for the motion and 11 for the amendment which was declared carried.

Decided:  that the minute as amended be approved.

380

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 7 April 2005

380

Approved on the motion of Councillor Stewart.

381

Best Value & Corporate Services Committee - Interview Sub-Committee - 18 April 2005

381

Approved on the motion of Councillor White.

382

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 18 April 2005

382

Approved on the motion of Councillor Stewart.

383

Grants Sub-Committee - 20 April 2005

383

Approved on the motion of Councillor Hunter.

384

Education & Lifelong Learning Committee (Special) - 20 April 2005

384

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 353 (Update on the Future Provision of Inverclyde Schools) that the decision of the Committee as minuted be approved.  As an amendment to (3), Councillor Robertson seconded by Councillor McCabe moved that consideration of the school to be transferred from the Prudential to the PPP Procurement side be continued to the next scheduled meeting of the Committee pending a report by the Director of Education Services with recommendations as to the criteria to be used for selecting the school for transfer.  On a vote, 7 Members voted for the amendment and 12 for the motion which was declared carried.

Councillor Mitchell seconded by Councillor Tucker moved with reference to paragraph 354 (St Stephen’s High School, Port Glasgow - Cladding Options) that the decision of the Committee as minuted be approved.  As an amendment, Councillor Robertson seconded by Councillor McCabe moved that the Committee proceed with Option 2 (repairs to concrete then overcladding with an insulation render system to rendered and brick panels and aluminium flashings to concrete elements) at an estimated cost of £1,257,000 inclusive of fees and other costs.  On a vote, 7 Members voted for the amendment and 12 for the motion which was declared carried.

Councillor Mitchell seconded by Councillor Tucker moved with reference to paragraph 359 (Extension and Refurbishment of St Joseph’s Primary School, Greenock - Report on Tenders) that the decision of the Committee as minuted be approved.  As an amendment, Councillor Robertson seconded by Councillor McCabe moved that the non-detrimental savings set out in paragraph 4.2 be not accepted with the exception of items 5, 6 and 13 and that the detrimental savings listed in paragraph 4.3 of the report be also not accepted.  On a vote, 7 Members voted for the amendment and 12 for the motion which was declared carried.

Decided:  that the minute be approved.

385

Standards Committee - 21 April 2005

385

Approved on the motion of Provost Rebecchi.

386

Waste Strategy Sub-Committee - 21 April 2005

386

Approved on the motion of Councillor Stewart.

387

Proposed Traffic Regulation Order - On Street Parking Places (Without Charges) Order No. 1 2004

387

There was submitted a report by the Director of Corporate Services relative to the making of the Traffic Regulation Order - On Street Parking Places (Without Charges) Order No. 1 2004 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 Committee on 2  March 2005.

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 III 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 Head of Legal Services be authorised to take all necessary action in connection therewith.Æ

388

Proposed Traffic Regulation Orders - 24 Tonne Weight Restriction Revocation:  5 Bridges, Various Locations

388

There was submitted a report by the Director of Corporate Services relative to the making of Traffic Regulation Orders to revoke the 24 tonne weight restrictions on the bridges at Duncan Street, Greenock, Kelburn Terrace, Port Glasgow, Manor Crescent, Gourock, Pennyfern Road, Greenock and Bearhope Street, Greenock 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 Orders had been recommended for approval by the Planning & Traffic Management Committee on 2 March 2005.

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 Part IV of Schedule 9 of the Road Traffic Regulation Act 1984 to permit revocation of the 24 tonne weight restrictions on the bridges at Duncan Street, Greenock, Kelburn Terrace, Port Glasgow, Manor Crescent, Gourock, Pennyfern Road, Greenock and Bearhope Street, Greenock all as detailed  in copies of the Orders forming supplements to the principal minute hereof” and that the Head of Transportation & Roads Service and Head of Legal Services be authorised to take all necessary action in connection therewith.

389

Anti-Social Behaviour etc. (Scotland) Act 2004:  The Inverclyde Council Noise Nuisance Resolution 2005

389

There was submitted a report by the Director of Corporate Services recommending the making of The Inverclyde Council Noise Nuisance Resolution 2005 following the decision of the Community Committee on 13 January 2005 (para 24) to adopt the noise control provisions provided in Sections 39 to 42 of the Anti-Social Behaviour etc. (Scotland) Act 2004.

Resolved on the motion of Councillor Hunter seconded by Councillor Stewart that “THE INVERCLYDE COUNCIL incorporated under the Local Government etc. (Scotland) Act 1994, the local authority for the Inverclyde area under the Anti-Social Behaviour etc. (Scotland) Act 2004 RESOLVE TO MAKE as they HEREBY MAKE a Resolution in terms of Section 41 of the Anti-Social Behaviour etc. (Scotland) Act 2004 (hereinafter called the “2004 Act”) entitled “The Inverclyde Council Noise Nuisance Resolution 2005” bringing into effect the provisions of Sections 43 to 47 of the 2004 Act for the local authority area of Inverclyde in terms of the said Sections and that with effect from 25 June 2005; all as detailed in the copy of the Resolution forming a supplement to the principal minute hereof” and that it be remitted to the Directors of Community Services and Corporate Services to take all necessary action in connection therewith.

390

Appointment of Consultant for BNSF Mid Term Health Survey

390

There was submitted a report by the Depute Chief Executive advising of the use of the powers delegated to the Chief Executive to appoint Chris Mason Research & Marketing Services to carry out a mid term health survey for the BNSF programme.ò

Noted

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 paragraphs 6 and 8 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.

391

Mobile Internet Facility

391

There was submitted a report by the Director of Community Services advising of the use of the powers delegated to the Chief Executive to proceed with the purchase and construction of a mobile internet facility and to accept the lowest tender received, that by Keillor Coach Builders Ltd in the sum of £119,038.

Noted

Appendices to Minutes

392

Environment & Regeneration Committee - 22 March 2005

392

Approved on the motion of Councillor Fyfe.

393

Best Value & Corporate Services Committee - Shortlisting Sub-Committee - 24 March 2005

393

Approved on the motion of Councillor White.

394

Waste Strategy Sub-Committee - 24 March 2005

394

Approved on the motion of Councillor Stewart.

395

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 7 April 2005

395

Approved on the motion of Councillor Stewart.

396

Best Value & Corporate Services Committee - Interview Sub-Committee - 18 April 2005

396

Approved on the motion of Councillor White.

397

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 18 April 2005

397

Approved on the motion of Councillor Stewart.

398

Education & Lifelong Learning Committee - 20 April 2005

398

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

The meeting was adjourned at 6 pm and reconvened at 6.15 pm

(Councillor Stewart left the meeting at this point).

399

Review of Electoral Arrangements - Multi-Member Wards

399

There was submitted a report dated 18 March 2005 by the Chief Executive (1) advising of the Local Government Boundary Commission’s initial proposals for the review of electoral wards in Inverclyde, which detail six multi-member wards for Inverclyde, and (2) seeking the Council’s views on the proposals.

Decided:

(1)      that it be agreed to accept the principle of multi-member wards and the Boundary Commission Scheme in outline;  and

(2)      that it be delegated to the Chief Executive to consult with Members on the local detail of boundaries and thereafter to submit the submission to the Boundary Commission the Council’s response incorporating the results of Ward Member consultation, the proposals outlined in Section 4 of the report and provision for the numbering/naming of the new wards, following consultation with Councillors Blair, Hill and McCabe.