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THE INVERCLYDE COUNCIL - 6 OCTOBER 2005

 

 

The Inverclyde Council

 

 

 

 

 

Thursday 6 October 2005 at 4.00 pm

 

 

 

 

 

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

 

 

 

 

 

Chair:  Provost Rebecchi presided. 

 

 

 

 

 

In attendance:  Acting Chief Executive, Director of Community Services, Director of Education Services, Solicitor to the Council, Chief Financial Officer, Head of Planning Services, Head of Property Services and Managing Solicitor (Committees/Contracts).

 

 

 

 

 

Apologies:  Councillor Gallacher.

 

 

 

 

 

Minutes of Meetings of

 

 

The Inverclyde Council, Committees and Sub-Committees

 

 

 

 

735

The Inverclyde Council - 16 June 2005

735

 

 

 

 

Approved on the motion of Provost Rebecchi.

 

 

 

 

736

Licensing & Registration Panel - 22 June 2005

736

 

 

 

 

Approved on the motion of Councillor Nimmo.

 

 

 

 

737

Grants Sub-Committee - 23 June 2005

737

 

 

 

 

Approved on the motion of Councillor Stewart.

 

 

 

 

738

The Inverclyde Council - 29 June 2005

738

 

 

 

 

Approved on the motion of Provost Rebecchi.

 

 

 

 

739

Planning & Traffic Management Committee - 3 August 2005

739

 

 

 

 

Approved on the motion of Councillor Forbes seconded by Councillor Roach.

 

 

 

 

740

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 5 August 2005

740

 

 

 

 

Approved on the motion of Councillor Stewart.

 

 

 

 

741

Education & Lifelong Learning Committee - 10 August 2005

741

 

 

 

 

Approved on the motion of Councillor Forbes.

 

 

 

 

 

 

 

 

 

 

742

Licensing & Registration Panel - 10 August 2005

742

 

 

 

 

Approved on the motion of Councillor Nimmo.

 

 

 

 

743

Policy & Strategy Committee - 18 August 2005

743

 

 

 

 

It was noted that this minute had been approved at the meeting of The Inverclyde Council on 18 August 2005.

 

 

 

 

744

The Inverclyde Council - 18 August 2005

744

 

 

 

 

Approved on the motion of Provost Rebecchi.

 

 

 

 

745

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 22 August 2005

745

 

 

 

 

Approved on the motion of Councillor Stewart.

 

 

 

 

746

Education & Lifelong Learning Committee - 23 August 2005

746

 

 

 

 

Approval of the minute as a correct record was moved by Councillor Mitchell.  Councillor Robertson seconded by Councillor McKenzie moved with reference to paragraph 583 (The School Estates Strategy:  Inclusion of a Public Library within the New Primary School in Port Glasgow) that the decision of the Committee as minuted be approved.  As an amendment, Councillor White seconded by Councillor Nimmo moved that Option A be adopted (the status quo with the use of Port Glasgow Library).  On a vote, 7 Members voted for the motion and 10 for the amendment which was declared carried.

 

 

Decided:  that the minute as amended be approved.

 

 

 

 

747

Waste Strategy Sub-Committee - 25 August 2005

747

 

 

 

 

Approved on the motion of Councillor Stewart.

 

 

 

 

748

Community Committee - 25 August 2005

748

 

 

 

 

Approved on the motion of Councillor White.

 

 

 

 

749

Health & Social Care Committee - 30 August 2005

749

 

 

 

 

Approved on the motion of Councillor Nimmo.

 

 

 

 

750

Audit Committee - 1 September 2005

750

 

 

 

 

Approved on the motion of Councillor McCabe.

 

 

 

 

751

Environment & Regeneration Committee - 6 September 2005

751

 

 

 

 

Approval of 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 642(4) (Area Renewal Update) that the decision of the Committee as minuted be approved.  As an amendment, Councillor McCabe seconded by Councillor Roach moved that approval be given to an increase in redevelopment points from 30 to 40 points with immediate effect, subject to review.  On a vote, 7 Members voted for the amendment and 10 for the motion which was declared carried.5

 

 

Decided:  that the minute be approved.

 

 

 

 

752

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

752

 

 

 

 

Approved on the motion of Councillor Stewart.

 

 

 

 

753

Planning & Traffic Management Committee - 7 September 2005

753

 

 

 

 

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 681(c) (Erection of a Dwellinghouse:  Bogiewoode, Alderwood Road, Port Glasgow (IC/05/267R)) 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 on the grounds of road safety as the road infrastructure in the vicinity would be unable to cope with the additional traffic associated with the house.  On a vote, 2 Members voted for the motion and 14 for the amendment which was declared carried.

 

 

Decided:  that the minute as amended be approved.

 

 

 

 

754

Best Value & Corporate Services Committee - 8 September 2005

754

 

 

 

 

Approved on the motion of Councillor Snoddy.

 

 

 

 

755

Licensing & Registration Panel - 14 September 2005

755

 

 

 

 

Approved on the motion of Councillor Nimmo.

 

 

 

 

756

The Inverclyde Council - 16 September 2005

756

 

 

 

 

Approved on the motion of Provost Rebecchi.

 

 

 

 

757

Health & Social Care Committee - 19 September 2005

757

 

 

 

 

Approved on the motion of Councillor Nimmo.

 

 

 

 

758

Policy & Strategy Committee - 20 September 2005

758

 

 

 

 

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

 

 

 

 

759

Audit Committee - 27 September 2005

759

 

 

 

 

Approved on the motion of Councillor McCabe.

 

 

 

 

760

Planning & Traffic Management Committee - 5 October 2005

760

 

 

 

 

Approved on the motion of Councillor Forbes.

 

 

 

 

761

Greenock Prison Visiting Committee - Mr John Walsh

761

 

 

 

 

There was submitted a report dated 21 September 2005 by the Solicitor to the Council (1) advising of the retirement of Mr John Walsh JP as a Non-Elected Member of Greenock Prison Visiting Committee and (2) requesting the Council to consider the filling of the resulting vacancy.

 

 

Decided:

 

 

(1)      that it be remitted to the Solicitor to the Council to write to Mr Walsh thanking him for his long years of service to the Greenock Prison Visiting Committee;  and

 

 

(2)      that the resulting vacancy be filled following public advertisement.

 

 

 

 

762

Standing Orders and Scheme of Administration - Appeal to Personnel (Appeals & Applied Conditions of Service) Sub-Committee against a Decision made by the Chief Executive

762

 

 

 

 

There was submitted a report dated 15 September 2005 by the Solicitor to the Council on a recommendation from the Best Value & Corporate Services Committee of 8 September 2005 that an amendment be made to the Council's Standing Orders and Scheme of Administration in respect of appeals to the Personnel (Appeals & Applied Conditions of Service) Sub-Committee.

 

 

Resolved on the motion of Councillor Stewart seconded by Councillor McCormick (P) that the following amendment be made to the Standing Orders and Scheme of Administration:-

 

 

8.3.4.7 Personnel (Appeals & Applied Conditions of Service) Sub-Committee.

 

 

(b)      to determine appeals by employees against decisions by the Chief Executive under the powers delegated to him under the Scheme of Delegated Functions.

 

 

to be amended to:

 

 

(b)      to determine appeals by employees against decisions, with the exception of the establishment of posts and regradings up to grade PO1, by the Chief Executive under the powers delegated to him under the Scheme of Delegation.

 

 

 

 

763

West Dunbartonshire Council - Motion to Ban Airguns

763

 

 

 

 

There was submitted a report dated 21 September 2005 by the Solicitor to the Council advising of a request received from West Dunbartonshire Council that Inverclyde Council consider giving support to a complete ban on the non-commercial use of airguns in Scotland.

 

 

Decided:  that Inverclyde Council give its support to a complete ban on the non-commercial use of airguns in Scotland as advocated by West Dunbartonshire Council.

 

 

 

 

764

Aberdeen City Council - Retention of Aberdeen Meteorological Office

764

 

 

 

 

There was submitted a report dated 19 September 2005 by the Solicitor to the Council advising of a request received from Aberdeen City Council that Inverclyde Council consider giving support to a campaign to retain the Meteorological Office’s Aberdeen base, the closure of which forms part of plans to consolidate the Office’s operations on one site in Exeter.

 

 

Decided:  that Inverclyde Council support the campaign to retain the Meteorological Office’s Aberdeen base as promoted by Aberdeen City Council.

 

 

 

 

 

 

 

765

Proposed Traffic Regulation Order - On-Street Parking Places (Without Charges) Order No. 1 2005

765

 

 

 

 

There was submitted a report by the Solicitor to the Council relative to the making of the Traffic Regulation Order - On-Street Parking Places (Without Charges) Order No. 1 2005 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 of 3 August 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 Solicitor to the Council be authorised to take all necessary action in connection therewith.

 

 

 

 

766

Proposed Traffic Regulation Order - Branchton Road/Forfar Road, Greenock

766

 

 

 

 

There was submitted a report by the Solicitor to the Council relative to the making of the Traffic Regulation Order - Branchton Road/Forfar Road, 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 Order had been recommended for approval by the Planning & Traffic Management Committee of 3 August 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 Sections 1(1), 2(1) and (2) and Part III of Schedule 9 of the Road Traffic Regulation Act 1984 to introduce one way driving in parts of Branchton Road and Forfar Road, Greenock, 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 Solicitor to the Council be authorised to take all necessary action in connection therewith.

 

 

 

 

767

Proposed Compulsory Purchase Order - 6, 8, 10 and 12 Garvald Street, Greenock Housing Action Area for Demolition

767

 

 

 

 

There was submitted a report dated 13 September 2005 by the Solicitor to the Council relative to the making of a Compulsory Purchase Order under the Housing (Scotland) Act 1987 in order that the Council may secure the acquisitions of the remaining ownership interests at 6, 8, 10 and 12 Garvald Street, Greenock which it had not been possible to acquire on a voluntary basis.  It was noted that the making of the Order had been recommended for approval by the Environment & Regeneration Committee at its meeting on 6 September 2005.

 

 

Councillor McCabe declared a personal interest in this item and took no part in its consideration or decision.

 

 

Resolved on the motion of Councillor Fyfe seconded by Councillor Forbes that “THE INVERCLYDE COUNCIL as Housing Authority for the area of Inverclyde RESOLVE TO MAKE as they HEREBY MAKE in terms of Section 89 and Schedule 8, paragraph 5(3) of the Housing (Scotland) Act 1987 and the Acquisition of Land (Authorisation Procedure)(Scotland) Act 1947, a Compulsory Purchase Order entitled “The 6, 8, 10 and 12 Garvald Street, Greenock Housing Action Area for Demolition Compulsory Purchase Order 2005” authorising them to purchase compulsorily the subjects known as and forming 6, 8, 10 and 12 Garvald Street, Greenock which subjects are described in the Schedule to the Order and shown outlined in yellow and coloured red on the plan marked “Plan Referred to in The 6, 8, 10 and 12 Garvald Street, Greenock Housing Action Area for Demolition Compulsory Purchase Order 2005” a copy of which is appended to the principal minute hereof”, and that the Solicitor to the Council 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 the said Order.

 

 

 

 

768

Proposed Compulsory Purchase Order - Area Renewal, Port Glasgow

768

 

 

 

 

It was noted that this item had been withdrawn from the agenda as the Compulsory Purchase Order was no longer required.

 

 

 

 

 

The Provost being of the opinion that the undernoted matter was relevant, competent and urgent moved its consideration to allow Members to be advised at the earliest opportunity of the current position in relation to the consultations on the proposed boundary changes following the dissolution of NHS Argyll & Clyde.  This was unanimously agreed in terms of the relevant Standing Order.

 

 

 

 

769

Redrawing of NHS Boundaries in Argyll & Clyde

769

 

 

 

 

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

 

 

The Provost circulated to the Council, papers relative to the consultation process in respect of the redrawing of the NHS boundaries following the dissolution of Argyll & Clyde Health Board.

 

 

He advised that in addition to the public meeting to be held in Greenock Town Hall on 25 October 2005, a further public meeting had been arranged to take place within the Gamble Halls, Gourock on 2 November 2005 from 7pm to 9pm.

 

 

Decided:

 

 

(1)      that the papers circulated by the Provost be noted;

 

 

(2)      that the additional public meeting to take place within the Gamble Halls, Gourock on 2 November 2005 be noted;  and

 

 

(3)      that it be remitted to Members of the Council to submit their views on the options drawn up by the Scottish Executive and any other options they would wish considered through the Health Working Group.

 

 

 

 

 

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

 

 

 

 

770

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 5 August 2005

770

 

Approved on the motion of Councillor Stewart.

 

 

 

 

771

Education & Lifelong Learning Committee - 10 August 2005

771

 

 

 

 

Approved on the motion of Councillor Forbes.

 

 

 

 

772

Policy & Strategy Committee - 18 August 2005

772

 

 

 

 

It was noted that the appendix to the minute had been approved at the meeting of The Inverclyde Council on 18 August 2005.

 

 

 

 

773

Personnel (Appeals & Applied Conditions of Service) Sub-Committee - 22 August 2005

773

 

 

 

 

Approved on the motion of Councillor Stewart.

 

 

 

 

774

Health & Social Care Committee - 30 August 2005

774

 

 

 

 

Approved on the motion of Councillor Nimmo.

 

 

 

 

775

Environment & Regeneration Committee - 6 September 2005

775

 

 

 

 

Approved on the motion of Councillor Fyfe.

 

 

 

 

776

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

776

 

 

 

 

Approved on the motion of Councillor Stewart.

 

 

 

 

777

Best Value & Corporate Services Committee - 8 September 2005

777

 

 

 

 

Approved on the motion of Councillor Snoddy.

 

 

 

 

778

The Inverclyde Council - 16 September 2005

778

 

 

 

 

Approved on the motion of Provost Rebecchi.

 

 

 

 

779

Mr George Jamieson

779

 

 

 

 

The Provost referred to the death on Monday 3 October 2005 of Mr George Jamieson, former Councillor and Chairman of the Justices of the Peace and on behalf of the Members and Officers of the Council, he expressed sympathy and condolences to Mr  Jamieson’s family. 

 

 

The Council then observed a minute’s silence.

 

 

 

IC-6Oct05/AI