The Inverclyde Council

Thursday 5 October 2006 at 4.00 pm

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

Chair:  Provost Rebecchi presided.

In attendance:  Chief Executive, Director of Education Services, Corporate Director Improvement and Performance, Mr G Douglas (for Solicitor to the Council), Head of Finance, Head of Property Services, Head of Community Care and Strategic Planning and Head of Social Work Resources.

Present also:  Mr R Blackburn (PSBA Ltd).

Apologies:  Councillors Mitchell and Tucker.

Minutes of Meetings of

The Inverclyde Council, Committees and Sub-Committees

  640

The Inverclyde Council – 15 June 2006

640

Approved on the motion of Provost Rebecchi.

  641

The Inverclyde Council (Special) – 20 June 2006

641

Approved on the motion of Provost Rebecchi.

  642

Personnel (Appeals & Applied Conditions of Service) Sub-Committee – 21 June 2006

642

Approved on the motion of Councillor Stewart.

  643

Planning & Traffic Management Committee – 2 August 2006

643

Approved on the motion of Councillor Forbes.

  644

Grants Sub-Committee – 9 August 2006

644

Approved on the motion of Councillor White.

  645

Licensing & Registration Panel – 9 August 2006

645

Approved on the motion of Councillor Gallacher.

  646

Appointment Panel – Corporate Director:  Improvement & Performance – 16 August 2006

646

Approved on the motion of Councillor Blair.

  647

Appointment Panel – Corporate Director:  Environment & Community Protection – 16 August 2006

647

Approved on the motion of Councillor Blair.

  648

Appointment  Panel – Corporate Director:  Regeneration & Resources – 17 August 2006

648

Approved on the motion of Councillor Blair.

  649

Appointment Panel – Corporate Director:  Education & Social Care – 17 August 2006

649

Approved on the motion of Councillor Blair.

  650

Appointment Panel – Corporate Director:  Improvement & Performance – 22 August 2006

650

Approved on the motion of Councillor Blair.

  651

Education & Lifelong Learning Committee – 22 August 2006

651

Approval of the minute as a correct record was moved by Councillor Forbes seconded by Councillor White.  Councillor Forbes seconded by Councillor White moved with reference to paragraph 515 (School Asset Management Strategy – Funding of New Primary Schools) that the decision of the Committee as minuted be approved subject to the addition of the following:

“that in view of the preference understood to exist on the part of the School Boards for the site of the merged school to be that of the existing Overton Primary School, (a) that an up-to-date appraisal by the Council’s technical officers and the Education Department take place with regard to that site, (b) that an options appraisal take place, and (c) that in the event of the outcome of these steps being supportive of the Overton site, a supplementary consultation process be undertaken.”

Decided:  that the minute as adjusted be approved.

  652

Appointment Panel – Corporate Director:  Environment & Community Protection – 23 August 2006

652

Approved on the motion of Councillor Blair.

  653

Appointment Panel – Corporate Director:  Regeneration & Resources – 24 August 2006

653

Approved on the motion of Councillor Blair.

  654

Community Committee – 24 August 2006

654

Approved on the motion of Councillor White.

  655

Appointment Panel – Corporate Director:  Improvement & Performance – 25 August 2006

655

Approved on the motion of Councillor Blair.

  656

Personnel (Appeals & Applied Conditions of Service) Sub-Committee – 28 August 2006

656

Approved on the motion of Councillor Stewart.

  657

Health & Social Care Committee – 29 August 2006

657

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 545 (Care and Support at Home Charging Policy) that the decision of the Committee as minuted be approved.  As an amendment, Councillor McKenzie seconded by Councillor McCabe moved that a further report be submitted to the next meeting of the Committee on the implications of the proposed changes for those currently paying the charge.  On a vote, 7 Members voted for the amendment and 10 for the motion which was declared carried.

Decided:  that the minute be approved.

  658

Appointment Panel – Corporate Director:  Improvement & Performance – 30 August 2006

658

Approved on the motion of Councillor Blair.

  659

Audit Committee – 31 August 2006

659

Approved on the motion of Councillor McCabe.

  660

The Inverclyde Council (Special) – 31 August 2006

660

Approved on the motion of Provost Rebecchi.

  661

Environment & Regeneration Committee – 5 September 2006

661

Approved on the motion of Councillor Fyfe.

  662

Planning & Traffic Management Committee – 6 September 2006

662

Approved on the motion of Councillor Roach.

  663

Best Value & Corporate Services Committee – 7 September 2006

663

Approved on the motion of Councillor Snoddy.

  664

Licensing & Registration Panel – 13 September 2006

664

Approved on the motion of Councillor Gallacher.

  665

Best Value & Corporate Services Committee (Special) – 19 September 2006

665

Approval of the minute as a correct record was moved by Councillor Snoddy seconded by Councillor Stewart.  Councillor Snoddy seconded by Councillor Stewart moved with reference to paragraph 615 (Birkmyre Pavilion Tender Report and Vacant Possession of the Property) that the decision of the Committee as minuted be approved.  As an amendment, Councillor McCabe seconded by Councillor McCormick moved (1) that the matter be continued to the next meeting of the Committee, pending a report to be submitted by the Chief Executive on the outcome of discussions with the Duchal Nursery;  and (2) that, in the meantime, the tender be not accepted and that no legal action be instructed.  On a vote, 7 Members voted for the amendment and 9 for the motion which was declared carried.

Decided:  that the minute be approved.

  666

Policy & Strategy Committee – 19 September 2006

666

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 628 (Birkmyre Pavilion Tender Report and Vacant Possession of the Property – Remit from Best Value and Corporate Services Committee) that the decision of the Committee as minuted be approved.  As an amendment, Councillor McCabe seconded by Councillor Robertson moved that consideration of the matter be remitted back for further consideration by the Best Value and Corporate Services Committee at its next standing meeting.  On a vote, 7 Members voted for the amendment and 9 for the motion which was declared carried.

Decided:  that the minute be approved.

  667

Personnel (Appeals & Applied Conditions of Service) Sub-Committee – 27 September 2006

667

Approved on the motion of Councillor Stewart.

  668

Waste Strategy Sub-Committee – 27 September 2006

668

Approved on the motion of Councillor Stewart.

  669

Audit Committee (Special) – 28 September 2006

669

Approved on the motion of Councillor McCabe.

  670

Planning & Traffic Management Committee – 4 October 2006

670

Approved on the motion of Councillor Forbes.

  671

Proposed Traffic Regulation Order – Port Glasgow Town Centre (Amendment No. 1) Order 2005

671

There was submitted a report by the Solicitor to the Council relative to the making of the Traffic  Regulation Order – Port Glasgow Town Centre  (Amendment No. 1) Order 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 and Traffic Management Committee of 2 August 2006.

Resolved on the motion of Councillor Forbes seconded by Councillor Roach 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 Parts III and IV of Schedule 9 of the Road Traffic Regulation Act 1984 to permit the revocation of a section of “30 minute” waiting in John Wood Street, Port Glasgow and the provision of a parking place 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 and Roads Service and the Solicitor to the Council be authorised to take all necessary action in connection therewith.

  672

Proposed Traffic Regulation Order – On-Street Parking Places (Without Charges) Order No. 2 2005

672

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. 2 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 and Traffic Management Committee of 2 August 2006.

Resolved on the motion of Councillor Forbes seconded by Councillor Roach 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 and Roads Service and the Solicitor to the Council be authorised to take all necessary action in connection therewith.

  673

Provisional Tree Preservation Order

673

The Spinney, Castlehill Road/Broomknowe Road, Kilmacolm

There was submitted a report by the Solicitor to the Council advising that the Environment and Regeneration Committee at its meeting on 5 September 2006 (para 578) had agreed to recommend the confirmation of a Provisional Tree Preservation Order at The Spinney, Castlehill Road/Broomknowe Road, Kilmacolm.

Resolved on the motion of Councillor Fyfe seconded by Councillor Forbes that “THE INVERCLYDE COUNCIL, as Planning Authority in exercise of the powers conferred on it by Section 163 of the Town & Country Planning (Scotland) Act 1997, RESOLVE TO CONFIRM as they HEREBY CONFIRM “The Inverclyde Council” (The Spinney, Castlehill Road/Broomknowe Road, Kilmacolm) (First) Tree Preservation Order No. IC31;  all as specified in the Provisional Order forming a supplement to the principal minute hereof” and that the Head of Planning Services and the Solicitor to the Council be authorised to take all necessary action in connection therewith.

  674

Corporate Best Value Follow-Up Audit – 31 October 2006

674

There was submitted a report by the Chief Executive on the forthcoming Corporate Best Value Follow-Up Audit to be undertaken by Audit Scotland on behalf of the Accounts Commission reflecting progress as at 31 October 2006.

Decided:  that the Council note the terms of the report and take appropriate steps to ensure the Audit process is fully supported and appropriately resources by Members and Officers.

  675

18 Month Management of Change Programme

675

There was submitted a report by the Chief Executive presenting proposals to update and develop the 18 month management of change plan approved by the Council in February 2006.

Decided:  that the revised 18 month plan appended to the report be approved.

  676

Performance Management Framework

676

Chief Executive’s Appraisal

There was submitted a report by the Chief Executive seeking approval for the establishment of a performance appraisal system for the Chief Executive as part of the Council’s Performance Management Framework.

Decided:

(1)                                                                                                      that the Council approve the proposed Chief Executive appraisal system contained within the report as part of the establishment of a Performance Management Framework for the Council;  and

(2)                                                                                                      that the Chief Executive make the necessary arrangements without delay to implement the appraisal system in accordance with the content of the report.

  677

Inverclyde Community Health Partnership

677

There was submitted a report by the Chief Executive seeking to establish the Council’s preferred model in respect of a Community Health Partnership for Inverclyde to enable work to be progressed with NHS Greater Glasgow & Clyde to prepare the Scheme of Establishment for approval by the NHS Board and the Council and thereafter to be submitted to the Minister for Health and Community Care for approval.

Decided:

(1)                                                                                                      that the Community Health Partnership model for Inverclyde be based on a Health only Community Health Partnership closely aligned to the recently approved Renfrewshire Scheme of Establishment;

(2)                                                                                                      that it be agreed the preferred model and timeframe to progress a suitable Scheme of Establishment for an Inverclyde Community Health Partnership be in place by April 2007;

(3)                                                                                                      that a report detailing the proposed Scheme of Establishment be prepared for consideration and approval by the Health and Social Care Committee;

(4)                                                                                                      that the leads for NHS Greater Glasgow & Clyde and the Council meet to confirm the way forward and to prepare a Joint Statement of Intent;  and

(5)                                                                                                      that as a matter of urgency a cross party group of Elected Members meet with representatives of NHS Greater Glasgow & Clyde to endeavour to reach a mutually acceptable way forward.

  678

Severance Payment Arrangements for Councillors Not Standing for Re-Election

678

There was submitted a report by the Chief Executive on the arrangements made by the Scottish Executive in relation to the severance payments to be made available to Councillors who choose to stand down at the 2007 local government elections.

Decided:  that the arrangements put in place for those Councillors with at least four years’ service who are standing down at the next local government elections in May 2007 be 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 two items involved the likely disclosure of exempt information as set out in paragraph 1 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.

  679

Proposed Corporate Management Structure – Update Report

679

There was submitted a report by the Chief Executive (1) providing an update on the progress of the implementation of the Corporate Management Structure;  (2) seeking homologation of the job descriptions and person specifications prepared in conjunction with Trade Unions for Heads of Service;  (3) seeking agreement on the intended interview schedule for Chief Officers not yet matched to posts;   and (4) proposing alternative arrangements for the continuation of the work of the Head of the Implementation Team to ensure a successful Housing Stock Transfer and maintain capacity and ensure continuity for specific developments and projects.

Decided:

(1)                                                                                                      that the progress achieved with the Corporate Director appointments be noted and that it be noted the recruitment process for the Corporate Director, Education & Social Care will take place on 11 October 2006;

(2)                                                                                                      that the job descriptions, person specifications and the matching process completed in consultation with the Trade Unions for Heads of Service be homologated;

(3)                                                                                                      that approval be given to the interview schedule for Heads of Service as set out in the report;  and

(4)                                                                                                      that the proposed alternative arrangements for the continuation of the work of the Head of the Implementation Team be continued with a view to reaching a financially acceptable solution.

  680

Use of Powers Delegated to the Chief Executive – Release of Employees Under the Council’s Voluntary Severance Scheme

680

There was submitted a report by the Head of Personnel Services advising of the use of the powers delegated to the Chief Executive since the last ordinary meeting of the Council to release employees under the Council’s Voluntary Severance Scheme.

Noted

Appendices to Minutes

  681

Personnel (Appeals & Applied Conditions of Service) Sub-Committee – 21 June 2006

681

Approved on the motion of Councillor Stewart.

  682

Appointment Panel – Corporate Director:  Improvement and Performance – 16 August 2006

682

Approved on the motion of Councillor Blair.

  683

Appointment Panel – Corporate Director:  Environment & Community Protection – 16 August 2006

683

Approved on the motion of Councillor Blair.

  684

Appointment Panel – Corporate Director:  Regeneration & Resources – 17 August 2006

684

Approved on the motion of Councillor Blair.

  685

Appointment Panel – Corporate Director:  Education & Social Care – 17 August 2006

685

Approved on the motion of Councillor Blair.

  686

Appointment Panel – Corporate Director:  Improvement & Performance – 22 August 2006

686

Approved on the motion of Councillor Blair.

  687

Education & Lifelong Learning Committee – 22 August 2006

687

Approved on the motion of Councillor Forbes.

  688

Appointment Panel – Corporate Director:  Environment & Community Protection – 23 August 2006

688

Approved on the motion of Councillor Blair.

  689

Appointment Panel – Corporate Director:  Regeneration & Resources – 24 August 2006

689

Approved on the motion of Councillor Blair.

  690

Community Committee – 24 August 2006

690

Approved on the motion of Councillor White.

691

Appointment Panel – Corporate Director:  Improvement & Performance – 25 August 2006

691

Approved on the motion of Councillor Blair.

692

Personnel (Appeals & Applied Conditions of Service)  Sub-Committee – 28 August 2006

692

Approved on the motion of Councillor Stewart.

693

Appointment Panel – Corporate Director:  Improvement & Performance – 30 August 2006

693

Approved on the motion of Councillor Blair.

694

Environment & Regeneration Committee – 5 September 2006

694

Approved on the motion of Councillor Fyfe.

695

Best Value & Corporate Services Committee – 7 September 2006

695

Approved on the motion of Councillor Snoddy.

696

Best Value & Corporate Services Committee (Special) – 19 September 2006

696

Approved on the motion of Councillor Snoddy seconded by Councillor Stewart.

697

Personnel (Appeals & Applied Conditions of Service) Sub-Committee – 27 September 2006

697

Approved on the motion of Councillor Stewart.