West Dunbartonshire Council

At a meeting of West Dunbartonshire Council held in the Council Chambers, Municipal Buildings, Dumbarton Road, Clydebank on Wednesday, 27 March 2002 at 7.00 p.m.

Present: Provost Alistair Macdonald and Councillors James Bollan, Geoffrey Calvert, Mary Campbell, Mary Collins, Anthony Devine, James Flynn, Daniel McCafferty, James McCallum, Linda McColl, Ronnie McColl, John McCutcheon, Duncan McDonald, Ian McDonald, James McElhill, Margaret McGregor, Craig McLaughlin, Connie O’Sullivan, Iain Robertson, John Syme, John Trainer and Andrew White.

Attending: Tim Huntingford, Chief Executive; Ian McMurdo, Director of Education and Cultural Services; Dan Henderson, Director of Economic, Planning and Environmental Services; David McMillan, Director of Commercial and Technical Services; Crawford Howat, Head of Finance; Cy Neil, Head of Housing Services; Stephen Brown, Head of Legal and Administrative Services; Gerry McInerney, Head of Personnel Services and Julie Herrity, Senior Administrative Officer.

Provost Alistair Macdonald in the Chair

ADDITIONAL ITEM

Provost Macdonald, in terms of Standing Order 9 advised that he intended to deal with a letter received from North Lanarkshire Council seeking nominations to a Task Group to be established relating to COSLA’s Environment, Sustainability and Community Safety Group as a matter of urgency.

MULTI-CULTURAL EVENT – TOWN HALL, CLYDEBANK – 27 March 2002

The Council was advised that all elected Members had been invited to attend the Multi- Cultural Event taking place at the same time as the Council meeting in the Town Hall, Clydebank and it was suggested that the Council meeting adjourn for a period of 10 minutes to allow Provost Macdonald to formally open the event and to allow other interested Members to meet those present.

The Council unanimously agreed to adjourn for a period of 10 minutes and resumed a short time thereafter, those present being as shown in the sederunt.

DIGITAL COMMUNITIES – OUTCOME OF BID

The Chief Executive advised that the authority had been advised that it had been successful in its bid for money for the Digital Communities Project and it was anticipated that a formal announcement would be made by the relevant Minister on 28 March 2002.

Page 1 of 21 In this connection, Councillor Calvert, the local Member, referred to the £1,750,000 funding which would be targeted, under the Digital Communities Project, at Bellsmyre and pointed out that the successful outcome was a tremendous achievement for the Council. Councillor Calvert asked that his personal thanks and those of the people of Bellsmyre be expressed firstly to the relevant officers in recognition that the quality of the bid was outstanding and secondly to those individuals in the community, including the chair of the Bellsmyre Neighbourhood Forum, the Head Teacher of the local school and to Jackie Baillie MSP and various others for their support.

The Council concurred with the sentiments expressed by Councillor Calvert and added their congratulations to Councillor Calvert and the people of Bellsmyre.

FASLANE AND COULPORT - ANTI-PRIVATISATION CAMPAIGN

A letter was submitted from the industrial workforce at Faslane and Coulport seeking the support of the Council in their opposition to plans for the privatisation of Naval Support employees and the major redundancies which would be likely as a result of such proposals.

Councillor Ronnie McColl, seconded by Councillor McLaughlin, moved:-

This Council is appalled at the actions of the New Labour Government with regards to the privatisation of jobs at Faslane and Coulport and in particular the sacking of over 500 workers many of whom live in West Dunbartonshire.

This Council agrees that the Labour Party both locally and nationally have betrayed the trust put in them by the local community while the Labour Party were in opposition.

This Council calls on local MP John McFall and local Labour politicians such as Councillor James Flynn to explain why their party do not value the workforces of Faslane and Coulport when in power but were fully committed to them in opposition.

This Council however unlike the Labour Government will not abandon the workforce to their fate.

This Council resolves to instruct the Chief Executive to arrange urgent meetings, with the local MP John McFall, the workforces Union Representatives and a cross Party delegation from West Dunbartonshire Council, led by the Leader of the Council, and including Leaders of all Political Groupings. To ascertain the best way forward both in fighting the Government’s proposals and assisting the workforce in any way possible to limit the damage these callous decisions will have on the workforce and the community of West Dunbartonshire.

As an amendment, Councillor McCafferty, seconded by Councillor Collins, moved:-

West Dunbartonshire Council supports the Trades Unions and workforce at HMNB Clyde in their opposition to privatisation of Naval Support employees’ jobs and the major redundancies envisaged as a consequence.

Page 2 of 21 Council resolves to meet with the Trades Unions on a cross party delegation basis in order to co-ordinate any request for practical assistance in their campaign.

As a second amendment, Councillor Flynn, seconded by Councillor White, moved:-

This Council condemns the decision by the Secretary of State for Defence, to carry out a programme of privatisation within the Clyde Submarine Base.

Council agrees that this decision is totally unacceptable.

Council welcomes the recent actions of support by John McFall MP and agrees to support his campaign to ensure no compulsory redundancies and the retention of the Base’s employee’s terms and conditions.

Council resolves to meet with the Trades Unions on a cross party delegation basis in order to co-ordinate any request for practical assistance in their campaign.

Adjournment

The Council unanimously agreed to adjourn and resumed a short time thereafter, those present being as shown in the sederunt.

On a vote being taken between the second amendment by Councillor Flynn, and the first amendment by Councillor McCafferty, 10 Members voted for the second amendment and 12 for the first amendment.

Councillor Ronnie McColl advised that, given the similarity between his own motion and the amendment by Councillor McCafferty which had won the first vote, he wished to withdraw his motion with the consent of the Council.

Thereafter the Council unanimously agreed to support the amendment by Councillor McCafferty and agreed also that the Chief Executive arrange the cross-party meeting referred to therein as a matter of urgency.

MINUTES OF PREVIOUS MEETINGS

(a) West Dunbartonshire Council

The Minutes of Meeting of West Dunbartonshire Council held on 27 February 2002 were submitted and approved as a correct record.

Approved Duties for Purposes of Travel and Subsistence Allowances

Under matters arising from the aforesaid Minutes of Meeting, Council resumed consideration of a report by the Director of Corporate Services on approved duties for purposes of travel and subsistence allowances.

Page 3 of 21 The Council agreed to include ‘Attendance at Working Groups constituted by the Council’ in the list of approved duties for Purposes of Travel and Subsistence Allowances, and that this take effect from 27 March 2002.

(b) Cultural Services Committee

The Minutes of Meeting of the Cultural Services Committee held on 13 March 2002 were submitted for approval, and where necessary ratification.

The Council agreed to approve the minutes.

The Minutes of Meeting of the Community Development Co-ordinating Committee held on 13 March 2002 were submitted for approval, and where necessary ratification.

The Council agreed to approve the minutes and that, in addition, and after the matter has been discussed by the Area Committees, the Chief Executive prepare a report for submission to Council on the resources required to meet the needs of the Area Committees themselves.

AREA COMMITTEES

Feedback from Consultation – Initial Proposals for Establishing Area Committees and Election of Community Members

Reports (two) by the Chief Executive were submitted (i) providing an update on the progress made with the development of Area Committees, providing feedback from the Special Interest Group and Area Development Forum meetings that had taken place and making initial proposals for establishing Area Committees and (ii) suggesting various options for the appointment/election of community members to the Area Committees. Copies of the minutes for the Dumbarton, South Clydebank, Vale of Leven and Clydebank North Area Development Forums for 29 January and 5,6 and 7 February 2002 had also been circulated.

Councillor McCafferty, seconded by Councillor Bollan, moved that the Council approve the proposal for boundaries, delegated powers, community representation, election of community representatives and inaugural meetings as shown as the Appendix to these minutes.

As an amendment, Councillor White, seconded by Councillor Trainer, moved that this matter be continued to the next Assembly Meeting of Council and that Councillor McCafferty’s motion be circulated be reproduced in the agenda papers to allow the community to have sight of the proposals.

Adjournment

The Council, unanimously agreed to adjourn at this point, and resumed a short time thereafter, those present being as shown in the sederunt.

On a vote being taken, 10 Members voted for the amendment and 12 for the motion which was accordingly declared carried.

Page 4 of 21 CONSULTATION PAPER A SCOTTISH COMMISSIONER FOR PUBLIC APPOINTMENTS

A report by the Chief Executive was submitted summarising the proposals for the establishment of a Scottish Commissioner for Public Appointments (SCPA) whose main role would be to establish a Code of Practice for Ministerial Appointments to certain public bodies and monitor the process to ensure that appointments are made on merit after fair and open competition. This proposal would be part of a proposed Public Appointment and Public Bodies (Scotland) Bill.

Councillor McCafferty, seconded by Councillor Collins, moved that the Council agree to support the principles behind the proposed Bill and the SCPA on the basis of the information contained within the report.

As an amendment, Councillor Bollan, seconded by Councillor Trainer, moved that all appointments should be by way of democratic election and not ministerial nomination.

On a vote being taken, 18 Members voted for the amendment and 4 for the motion. The amendment was accordingly declared carried.

Vacation of Chair/Adjournment

Provost Macdonald vacated the Chair and left the meeting at this point with Councillor Calvert, Depute Provost, assuming the Chair after a short adjournment.

COSLA’S ENVIRONMENT, SUSTAINABILITY AND COMMUNITY SAFETY GROUP – ESTABLISHMENT OF TASK GROUP

As a matter of urgency, the Council gave consideration to a letter of 26 March 2002 from North Lanarkshire Council, referring to the meeting of COSLA’s Environment, Sustainability and Community Safety Group held on 13 February 2002 when it had been agreed that a Task Group led by North Lanarkshire Council be established to consider seeking changes to the legislative framework covering the sale and use of fireworks and inviting nominations to the Task Group prior to 12 April 2002.

The Council, having heard the Chief Executive, decided that Councillor Campbell and Councillor Ronnie McColl be nominated to the Task Group.

Various Councillors left the meeting and returned at various stages during the remainder of the meeting.

CAPITAL EXPENDITURE PROGRAMME 2002/2003 (NON-HOUSING AND NON HRA)

A report by the Chief Executive was submitted providing an update on the situation relating to the 2002/2003 Capital Programme for Non-Housing and Non-HRA and intimating that a further report would be submitted when the final outturn for 2001/2002 had been determined.

Page 5 of 21

With regard to the committed sum of £200,000 for aids and adaptations, Councillor Ronnie McColl circulated copies of correspondence sent by the Director of Social Work and Housing Services to the Chief Executive of Greater Glasgow Health Board and the Board General Manager of Argyll and Clyde Health Board. A copy of the reply from Greater Glasgow Health Board was also circulated and it was noted that Greater Glasgow Health Board had agreed to contribute £100,000 at this year’s end. It was noted that a positive response from Argyll and Clyde Health Board was anticipated.

On the motion of Councillor McLaughlin, seconded by Councillor Ronnie McColl, Council agreed:-

(a) to approve the report insofar as committed works were concerned;

(b) to approve all non-committed projects with the exception of IT related projects;

(c) that a further report on all I.T. related projects be submitted to the next meeting of Council and that these projects should be rated according to web and intra-net capability and that all future IT related bids/systems should have a web capability rating;

(d) to instruct the relevant officers to report on the impact and feasibility of reducing the proposed allocation for strategic site development under the heading ‘Economic, Planning and Environmental Services – Economic Services’ to £100,000 and diverting the resultant £100,000 to the non-committed project for the Employee Learning Centre under the heading ‘Personnel’; and

(e) to continue the alternative projects list from page 78 of the Chief Executive’s report to the next meeting of the Council for consideration.

ASYLUM SEEKERS

With reference to the Minutes of Meeting of West Dunbartonshire Council held on 30 January 2002, (Volume page 753 refers), a report by the Chief Executive was submitted advising of progress made in preparing for asylum seekers coming to West Dunbartonshire.

The Council agreed to note the contents of the report and that a further report would be submitted to Council once contract details were finalised.

BEKS HOMEOWNERS/OCCUPIERS ASSOCIATION KING STREET, BOYLE STREET, NORTH ELGIN STREET, WHITECROOK, CLYDEBANK – LITIGATION/ARBITRATION

With reference to the Minutes of Meeting of West Dunbartonshire Council held on 30 January 2002 (Volume page 750 refers), a report by the Chief Executive was submitted providing the results of the investigations carried out into how the situation had arisen whereby the legal advice given in May 2001 differed from that given in November 2001.

Page 6 of 21

Councillor Trainer, seconded by Councillor White, moved:-

Council is concerned that the difference in advice given to the Convenor of Social Work and Housing Services and the Director of Social Work and Housing Services by legal officers in May 2001 and that presented to Council in December 2001 has not been fully explained.

Council is concerned that the members of BEKS Home Owners/Occupiers Association were exposed to unnecessary delay in resolving the issues due to the failure to provide the information and advice at an earlier stage.

Given the report has not presented a satisfactory explanation of the reasons for the change in legal advice, this Council agrees to pass all of the paperwork in relation to the BEKS issue to the Local Government Ombudsman for a full independent investigation.

As an amendment, Councillor Campbell, seconded by Councillor Bollan, moved that the report be noted and no further action be taken.

On a vote being taken, 12 Members voted for the amendment and 9 for the motion. The amendment was accordingly declared carried.

CORPORATE GOVERNANCE IN LOCAL GOVERNMENT – A KEYSTONE FOR COMMUNITY GOVERNANCE

A report by the Director of Corporate Services was submitted with a draft Code of Corporate Governance for the Council and seeking the Council’s approval for the proposed code in view of the requirement for each local authority to produce its own local code by 31 March 2002.

Following consideration, the Council agreed to approve the terms of the draft code but agreed also that in respect of ‘Annual Review and Reporting’ a particular post, identified by its title, should be given specific responsibility for this issue.

PERSONNEL POLICIES

A report by the Director of Corporate Services was submitted seeking approval on various personnel policies and revised conditions of service within the Single Status Agreement and for the introduction of a unified Long Service Scheme for employees within West Dunbartonshire Council.

The Council agreed:-

(a) to approve the report, in principle, subject to further consultation with the Unions on the implementation of (i) the revised constitution of the Joint Consultative Forum; (ii) the Job Share scheme; (iii) the Scheme of Maternity Allowances; (iv) the Maximising Attendance Policy; (v) the single status issue relating to overtime payments and the

Page 7 of 21 overtime calculator and (vi) the Long Service Award scheme for all employees and the one off sum of £72,790 to support its implementation; and

(b) that further consultation with the Trades Unions also take place on the proposed withholding of the Long Service Award because of an unspent disciplinary record.

Councillor O’Sullivan and Councillor Flynn left the meeting at this point.

MEMBERS’ BASIC AND SPECIAL RESPONSIBILITY ALLOWANCES (SRAs)

A report by the Director of Corporate Services was submitted advising of revised levels of Basic Allowance and inviting the Council to consider increases in the levels of SRAs. A further paper was circulated by Councillor Ronnie McColl showing the SRAs paid by the Council to 31 March 2002.

The Head of Finance was heard in clarification of the Director’s report in that the SRAs shown in the Appendix attached thereto were the annual figures.

Following consideration, the Council agreed that there should be no increase in the level of SRAs.

TREASURY MANAGEMENT IN THE PUBLIC SERVICES – CODE OF PRACTICE

A report by the Director of Corporate Services was submitted advising of a new Code of Practice for Treasury Management in the Public Services (The Code) which the Chartered Institute of Public Finance and Accountancy (CIPFA) had published.

The Council agreed to adopt the four clauses referred to in the report and, in so doing, adopt the four key recommendations made by CIPFA, the Treasury Management Policy Statement and the use of suitable Treasury Management Practices.

RENEWAL OF INSURANCES

A report by the Director of Corporate Services was submitted seeking authority to re-tender the Council’s Insurance Portfolio.

The Council agreed:-

(a) to approve the report; and

(b) that the officers report to a future meeting of Council on the feasibility of the Council arranging to become self-insuring, particularly in respect of the Council Housing Stock, and possibly in liaison with other local authorities.

Page 8 of 21 DISCRETIONARY RELIEF OF RATES FOR CHARITABLE ORGANISATIONS, NON PROFIT MAKING ORGANISATIONS AND SPORTS CLUBS

Declarations of Interest

Councillor Trainer and Councillor Collins declared a non-pecuniary interest in this item of business.

A report by the Director of Corporate Services was submitted recommending an amendment to the present policy on discretionary rates relief and proposing that authority be delegated to the Director to award discretionary relief of up to 100% to organisations which satisfy the Council’s policy.

The Council agreed to delegate authority to the Director of Corporate Services to award discretionary relief of rates of up to 100% to the relevant organisations.

PROPOSED RECOVERY OF DEBTS FROM DEBTORS WHO PERSISTENTLY REFUSE TO SETTLE THEIR DEBTS BUT HAVE THE MEANS TO DO SO

A report by the Director of Corporate Services was submitted advising of the detail of the proposed statutory debt arrangement scheme and recommending a change in existing Council policy regarding compulsory sale orders.

Councillor McLaughlin, seconded by Councillor Ronnie McColl, moved that:-

(a) the Council agree to delegate authority to the Director of Corporate Services to make application for a compulsory sale order in respect of personal debts owed to the Council and that in all such instances the Director would ensure that the debtor has persistently avoided making repayment and that other forms of diligence available have been unsuccessful or unable to proceed; and

(b) that the relevant officers ensure the appropriate safeguards are put in place to ensure that there is an ability to pay.

As an amendment, Councillor White, seconded by Councillor McCallum, moved that the Council take no action on the recommendation but that a report be prepared for submission to a future meeting on the experience of other local authorities.

On a vote being taken, 11 Members voted for the amendment and 7 for the motion. The amendment was accordingly declared carried.

DUMBARTON COMMON GOOD FUND

A report by the Director of Corporate Services was submitted providing a draft budget for the Dumbarton Common Good Fund for 2002/2003.

After consideration, the Council agreed to approve the draft budget for 2002/2003.

Page 9 of 21 WRITE-OFF OF MISCELLANEOUS INCOME SUNDRY DEBTORS

A report by the Director of Corporate Services was submitted recommending approval of the write-off of certain miscellaneous income sundry debtors for individual debts exceeding £500.

The Council, having heard the Head of Finance, agreed to approve the write off of the debts as shown in the report.

WRITE-OFF OF NON DOMESTIC RATES

A report by the Director of Corporate Services was submitted recommending approval of the write-off of certain debts in respect of non domestic rates.

The Council agreed to approve the write-off of non domestic rates debts as shown attached to the report.

WRITE-OFF OF FORMER TENANT ARREARS

A report by the Director of Social Work and Housing Services was submitted seeking approval for the write-off of former tenant arrears for the year 2001/2002.

Following consideration, the Council agreed to approve the arrears submitted for write-off.

HEALTH IMPROVEMENT AND SOCIAL JUSTICE PARTNERSHIP

A report by the Director of Social Work and Housing Services was submitted seeking approval for the establishment of a Health Improvement and Social Justice Partnership Committee which proposals stemmed from the Strategic Agreement signed by Ministers in 2001 tying 11 partner agencies, including the Council, to a shared approach to end poverty and tackle health inequalities across West Dunbartonshire.

The Council agreed:-

(a) to establish a Health Improvement and Social Justice Committee, comprising all Elected Members, to meet as necessary;

(b) to approve the proposed Partnership Arrangements set out in the report, including the establishment of a Partnership Committee, as a sub-committee of the Health Improvement and Social Justice Committee, and that the Council nominations to the Partnership Committee be Councillor Ronnie McColl, Councillor Collins and 2 Labour Group Members, but that should these two places not be taken up, the matter be referred back to a future meeting of Council for further deliberation; and

(c) that the Director of Social Work and Housing Services, in consultation with the Head of Legal and Administrative Services, arrange the first meeting of the Partnership Committee as soon as nominations have been received from other Partners.

Page 10 of 21 HOUSING MAINTENANCE SERVICES – BEST VALUE REVIEW

A report by the Director of Social Work and Housing Services was submitted on the progress made on replacing the current Measured Term Contract (MTC) for Housing Maintenance with a Service Level Agreement (SLA) carried out under the Best Value Regime.

The Council agreed:-

(a) to endorse the Stage 1 Report for a separate Best Value Service Level Agreement for Housing Maintenance;

(b) to the termination of the MTC SOR codes and the use of the new Composite SOR codes from 1 June 2002;

(d) that £200,000 of the projected £450,000 surplus be used immediately to address the issue of 04 repairs.

VEHICLE TRACKING AND COMMUNICATION SYSTEM

A report by the Director of Social Work and Housing Services was submitted providing an update on the tender exercise to procure an integrated vehicle tracking and communication system for the Housing Maintenance DLO and recommending a supplier.

The Council agreed that:-

(a) the tender offer from Securicor Information Systems for the supply of tracking units, radio equipment, tracking software and alarms for a price of £99,979 be accepted and that, in addition, a BT line costing £1,640 be obtained;

(b) a further report be submitted to a future meeting of the Council noting progress on Phase 1 and providing a recommendation as to whether or not to proceed with Phase 2; and

(c) a protocol between Trades Unions and Management be put in place in order to set up safeguards for the use of the information derived from the vehicle tracking and communication system.

INDUSTRIAL INJURIES BENEFIT AND DISCRETIONARY HOUSING PAYMENTS

A report by the Director of Social Work and Housing Services was submitted on Discretionary Housing Payments (DHP) advising how claimants who receive industrial injuries benefit may receive assistance through this scheme.

Page 11 of 21 The Council agreed to increase the DHP to the maximum figure permitted, that the sum of £27,280 be allocated for this purpose and that a further report be submitted to Council following intimation from the Department of Work and Pensions to the Council of its 2002/2003 allocation.

The Council also congratulated Councillor White in bringing this situation to the Council’s attention and to the relevant officers for the work carried out.

WASTE MANAGEMENT – GLASGOW AND CLYDE VALLEY DRAFT AREA WASTE PLAN

A report by the Director of Commercial and Technical Services was submitted seeking approval of the Draft Area Waste Plan for public consultation. A copy of the full plan had been circulated to Group rooms.

The Council agreed to approve the Glasgow and Clyde Valley Draft Area Waste Plan for public consultation.

AWARDING OF SINGLE TRADE MEASURED TERM CONTRACTS DURING MARCH/APRIL 2002

A report by the Director of Commercial and Technical Services was submitted seeking authority to issue letters of acceptance to successful tenderers for the Single Trade Measured Term Contracts returned during March/April 2002.

The Council agreed to delegate authority to the Director of Commercial and Technical Services and the Director of Corporate Services, in consultation with the Convener of Commercial and Technical Services, to accept the lowest acceptable tender for all Single Trade Measured Term Contracts referred to in paragraph 2.2 of the report and returned during March/April 2002.

FORMAT OF REPORTS

Arising from consideration of the preceding item of business, it was suggested that all reports for submission to the Council should, in future, include a section at the end indicating which wards were affected by the proposals contained in the report.

The Council noted this suggestion with approval.

POSSIBLE SALE OF COUNCIL LAND AT GLASGOW ROAD/FAIFLEY ROAD, HARDGATE TO TESCO STORES LTD

A report by the Director of Economic, Planning and Environmental Services was submitted advising of progress made in discussions with agents acting for Tesco Stores Ltd. in connection with their interest in purchasing Council owned ground at Hardgate for a proposed superstore development.

Page 12 of 21

Councillor Robertson, seconded by Councillor Ronnie McColl, moved that the Council:-

(a) declare the ground at Glasgow Road/Faifley Road, Hardgate, surplus to requirements; and

(b) enter into a binding missive with Tesco Stores Ltd incorporating the aforementioned agreed terms thus allowing Tesco Stores Ltd to submit an appropriate planning application and carry out site and soil investigations.

As an amendment, Councillor Ian McDonald, seconded by Councillor McCutcheon, moved that the proposed development should not include a petrol filling station.

On a vote being taken, 6 Members voted for the amendment and 12 for the motion which was accordingly declared carried.

PURCHASE OF SOLUM OF PART OF ALEXANDER STREET, ALEXANDRIA

A report by the Director of Economic, Planning and Environmental Services was submitted seeking approval to purchase the solum of part of Alexander Street, Alexandria extending to 280 square metres or thereby.

The Council agreed:-

(a) to purchase part of the solum of Alexander Street, Alexandria extending to 280 square metres or thereby from Mrs Gabrielle Boyle in the sum of £3,500 (Three Thousand Five Hundred Pounds); and

(b) that the Director of Economic, Planning and Environmental Services be authorised to refer this purchase to the Head of Legal and Administrative Services to conclude this transaction, subject to such legal conditions as are considered appropriate.

DISPOSAL OF LAND AT 16 CHURCH STREET, DUMBARTON TO THE SCOTTISH COURT SERVICE

A report by the Director of Economic, Planning and Environmental Services was submitted seeking approval for the disposal of land extending to 740 square metres or thereby at 16 Church Street, Dumbarton to the Scottish Court Service (SCS) as shown on the plan attached to the report.

The Council agreed:-

(a) to the sale of land extending to 740 square metres or thereby at 16 Church Street, Dumbarton to the Scottish Court Service for £35,000 (Thirty Five Thousand Pounds); and

(b) that the Director of Economic, Planning and Environmental Services be authorised to refer this disposal to the Scottish Court Service to the Head of Legal and

Page 13 of 21 Administrative Services to conclude this transaction, subject to such legal conditions as are considered appropriate.

PROPOSED SALE OF SHOPS AND ADJACENT GROUND AT 167-173 MAIN STREET, RENTON AND 172-184 MAIN STREET, RENTON

A report by the Director of Economic, Planning and Environmental Services was submitted providing further information on the proposed sale of shops and adjacent ground at 167-173 Main Street, Renton and 172-184 Main Street, Renton for the sale of specified shop units and areas of ground.

The Council agreed that option 2 be chosen as follows:-

(a) the sale of Commercial properties forming 167-173 Main Street, Renton together with adjacent land for £50,000 to the Property Partnership will be subject to Property Partnership concluding the contract to acquire the post office and general store business from Mr and Mrs Sabiu, the tenants of the shop at 172 Main Street, Renton before the settlement date. The Council shall then give vacant possession to Cordale Housing Association when the new supermarket (to be located next to 167 Main Street, Renton) is opened;

it is an essential condition of sale that the purchaser (or any subsequent owner – in the event that the subjects are either leased or subsequently sold by the Property Partnership) constructs the new supermarket to be located next to 167 Main Street, Renton within 12 months of the settlement date;

upon the termination of the existing lease to Mr Purba (167-169 Main Street, Renton) or sooner by negotiation, the purchaser or any subsequent owner - in the event that the land is sold by the Property Partnership) must complete the development of the entire area within 2 years; the subjects shall be developed to the satisfaction of the Local Community Planning Group; in the event that the aforementioned is not completed within agreed timescales, the subjects will be sold to Cordale Housing Association for a sum of £5,000;

(b) the sale of the commercial properties forming 172-184 Main Street, Renton together with all common ownership rights and interests attaching thereto together with the Council’s interest as landlord in relation to any existing leases affecting the said commercial premises for £1.00 to Cordale Housing Association; the Council shall, acting as heritable proprietor, grant any necessary permissions or discharges required to enable the redevelopment to proceed;

the subjects between 174-184 Main Street will be sold with vacant possession; should the Council fail to provide vacant possession, the Association will receive full compensation for all legal fees, administration costs and outlays incurred in relation to this condition;

it is an essential condition of the sale that the purchaser demolishes the aforementioned properties within 12 months of achieving vacant possession;

Page 14 of 21 (c) the date of settlement shall be 1 May 2002;

(d) each party shall pay their own legal fees, expenses, outlays and VAT; and

(e) that the Head of Legal and Administrative Services be instructed to conclude this transaction subject to such other legal conditions as are considered appropriate and subject to any necessary Scottish Executive consents.

ESTABLISHMENT OF LOCAL NEGOTIATING COMMITTEE FOR TEACHERS

A joint report by the Director of Corporate Services and the Director of Education and Cultural Services was submitted inviting the Council to approve the establishment of West Dunbartonshire Council’s Local Negotiating Committee for Teachers (LNCT) and making recommendations as to the composition and operational arrangements for the LNCT to reflect national guidelines.

The Council agreed:-

(a) to approve the setting up of the Local Negotiating Committee for Teachers, as outlined in the report;

(b) that the Management Side representation of the Committee comprise four officers, the lead officer to be the Director of Education and Cultural Services, 1 Labour Member (Councillor Trainer), 1 SNP Member (Councillor McGregor) and 1 Independent Member (Councillor McCafferty), and that the Chair alternate between the Management and Teachers’ side and that the Teachers’ hold the Chair for the first year; and

(c) to delegate to the LNCT authority to review its structure and operation in light of the advice emanating from the SNCT and to agree its formal constitution in the context of that advice.

CONFERENCE – SLGIU – ‘Working Together for Best Value’ – Dundee – 12 April 2002

An invitation for the Council to be represented at the SLGIU – ‘Working Together for Best Value’ Conference to be held on 12 April 2002 in Dundee was submitted.

The Council noted the invitation.

RENEWING LOCAL DEMOCRACY: THE NEXT STEPS

At this stage the Chief Executive circulated copies of the Consultation Paper, “Renewing Local Democracy: The Next Steps”. The Chief Executive confirmed that a further report on the Consultation Paper would be forthcoming to Council.

Page 15 of 21 EXCLUSION OF PRESS AND PUBLIC

The Council resolved, under Section 50A(4) of the Local Government (Scotland) Act, 1973 that the press and public be excluded from the remainder of the meeting as the following items of business involved the likely disclosure of exempt information as defined in Paragraph 2 of Part 1 of Schedule 7A to the Act.

FORMER TENANT ARREARS – SUMS IN EXCESS OF £500 (DECEASED AND UNREASONABLE TO PURSUE)

A report by the Director of Social Work and Housing Services was submitted seeking approval for arrears write-offs in excess of £500 that fall into the deceased and unreasonable to pursue categories.

After consideration, the Council agreed to approve the cases submitted for write-off.

WRITE-OFF OF MISCELLANEOUS INCOME SUNDRY DEBTORS DECEASED PERSONS

A report by the Director of Corporate Services was submitted recommending approval of the write-off of certain miscellaneous income sundry debtors.

The Council agreed to approve the cases submitted for write-off.

WRITE-OFF OF NON DOMESTIC RATES – DECEASED PERSONS

A report by the Director of Corporate Services was submitted recommending approval of the write-off of debts in respect of non domestic rates.

The Council agreed to approve the cases submitted for write-off.

The meeting concluded at 11.45 pm

Page 16 of 21 APPENDIX Council Meeting – Wednesday, 27 March 2002 Introduction

Council welcomes the feedback from public consultation on the initial proposals to establish Area Committees. This consultation provided views on the following:

 Boundaries  Delegated Powers  Community Representation  Election of Community Representatives  Membership Issues  Community Development support to Area Committees  Resources for Community Representatives  The role of the Community Development Co-ordinating Committee

As a consequence of the consultation, Council is requested to approve the following.

Boundaries

• Dumbarton and Vale of Leven Area Committees will follow the Ward boundaries, apart from Beechwood Estate, which although in Dumbarton North Ward, will be in the Vale of Leven Area Committee.

• The boundaries for Clydebank North will be Wards 6 – 10 and Ward 4 (east of Duntocher Burn and north of the railway). South Clydebank boundaries will follow Wards 1, 2, 3, 5, Ward 11 (Old Kilpatrick and part of Dalnottar) and Ward 4 (west of Duntocher Burn and south of the railway).

• West Dunbartonshire Councillors eligible to sit on each committee are as defined on page 43 of the Council Agenda (Appendix 1). Frequency and timing of meetings will initially be every 2 months, lasting approximately 2 hours and be held in the evening. (This is subject to review by the Area Committees as they evolve.)

Delegated Powers

The Community Development Co-ordinating Committee recommended to Council on 19 December 2001 that Area Committees should have delegated powers, the nature and extent of which is for future consideration. Council agreed to this. Under Local Government legislation, Committees with delegated powers must have a ratio of two Councillors to one community representative. This means that Area Committees will be limited to three voting community representatives per Committee.

Page 17 of 21 Change will be needed to accommodate delegated powers, e.g. changes in the ways in which budgets and services are organised. This implies a gradual process. A starting point would be the delegating of some local grants to Area Committees.

It is proposed that the Director of Corporate Services and the Head of Finance draw up a paper on the allocation of local grants to Area Committees – including a system for accountability.

Community Representation

Clearly the general community wish a wide range of representation. The general community also wishes delegated powers. This contradiction caused by the restriction of Local Government legislation requires to be reconciled. The following is proposed as a solution: –

 All three seats of voting community representative shall be open to election. Forms of nomination shall be made available to candidates, who will also be requested to supply a brief statement in support of their candidacy. Statements should not be party political. A basic job description for community representatives will be provided in the nomination pack. The job description will be developed further in consultation with the Area Committees at an early stage. (Appendix 3 – Page 47 for Job Description)

 Nominations for a particular Area Committee must meet the following eligibility;

➢ Candidates must live within the boundaries of the Area Committee. They must be local government electors on the electoral roll for that area.

➢ Candidates must be 21 years of age or over (it is a statutory requirement that members of any Council Committee must meet the criteria for membership of the Council)

➢ Candidates may not be bankrupt or sequestrated

➢ Candidates must not be employees of West Dunbartonshire Council

➢ Candidates must not be members of any terrorist or proscribed organisations

 Individuals who are members of a community organisation operating within the boundaries of the Area Committee can be nominated as a candidate by two office bearers of that organisation, both of whom are local government electors residing within the Area Committee’s boundaries. Individuals not belonging to community organisations can also be nominated but require a proposer and seconder, both of whom are local government electors residing within the Area Committee’s boundaries.

 A closing date for nominations will be set, after which arrangements will be made for an election to each Area Committee.

Page 18 of 21  Elections will take place at Public Meetings. Such meetings will comprise a hustings at which candidates should address the public with voting taking place immediately afterward. Voting shall be by secret ballot.

 Only those local government electors residing within the boundaries of the Area committee will be entitled to vote for candidates to that Area Committee.

 In order to reconcile the demand for wider community representation and delegated powers, the following will apply.

➢ The three candidates with the highest votes shall take the first three places on each Committee (with voting rights) 1,2,3.

➢ The candidates securing votes in places 4,5,6 in the ballot shall be official substitutes for the voting community representatives. Whilst for legal reasons these candidates will not be actual committee members, they shall be entitled to attend and contribute to discussion on any issue but shall not be eligible to vote unless attending as official substitute.

➢ Candidates securing votes in places 7,8,9 in the ballot shall also be entitled to attend and contribute to discussion on any issue but shall not be eligible to vote or to act as a substitute voter.

 Nine community representative places “at the top table” will therefore be available whilst satisfying the requirement of only three being full Committee members with voting rights.

 The term of office for community representation on Area Committees shall be as follows:

➢ The top three (1,2,3) in the ballot shall serve with voting rights for the first year

➢ The substitutes (4,5,6) will take over for the second year, with the community representatives placed 7,8,9 becoming substitutes with the top three (1,2,3) in the ballot replacing 7,8 and 9.

➢ In the third year representatives (7,8,9) will be the voting members, by which time (in a rota) representatives 1,2, 3 will be the official substitutes.

In this way, experience of being a voting member, substitute or potential voter, will be established.

Elections for all nine places ”at the top table” will be every three years, subject to review by the Council, in discussion with Area committees. At this stage, we must not be too prescriptive, but allow for evolution of the democratic process.

Page 19 of 21 Election of Community Representatives

The Chief Executive will act as Returning Officer for the elections. The Returning Officer will devise and implement nomination/voting procedures in line with the Council’s policy.

➢ A procedure will be put in place to deal with casual vacancies allowing for the official substitutes to become the voting members (and work according to the rota system thereafter)

➢ The Council notes the requirement for publicity and remits to the Chief Executive in conjunction with the Chair of the Community Development Co-ordinating Committee to make the appropriate arrangements.

➢ The Council approves in principle the timetable on page 57 on the Council agenda and remits to the Chief Executive as Returning Officer to make the necessary arrangements as a matter of priority.

➢ In order to minimise delay in organising elections, Council delegates powers to the Community Development Co-ordinating Committee to approve the final timetable and election arrangements.

➢ The Chief Executive, as Returning Officer be delegated powers to implement the arrangements for the elections.

Inaugural Meetings

➢ Following elections the inaugural meeting of the Area Committees may wish to consider – • Development support to Area Committees (Page 36 - 3.4.1 & 3.4.2 refers) • Resources for community representatives • The role and relationships between Area Committees, the Community Development Co- ordinating Committee and Community Councils (Page 36 – 3.3.6 & 3.3.7 refers)

This does not preclude other agenda items being discussed such as training for community representatives and councillors on partnership working; Council services; Council budgeting and areas of possible delegation of powers.

Conclusion

It is recognised that setting up Area Committees with delegated powers is innovative and that there is no precedent or blueprint. It must therefore be an evolving process and a learning experience.

Area Committees must enable the wider community to participate more effectively in decision-making processes; encourage active citizenship and provide a mechanism for responding to local needs.

Page 20 of 21 The unique identities and heritage of the Vale of Leven, Dumbarton and Clydebank can be re-asserted under a decentralised framework, whilst uniting as one in a strategic partnership through the Council.

West Dunbartonshire Council’s motto is “Strength Through Community”. We must strive to make that a reality and not a slogan.

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