IH3 NL.COUNCIL1998M Motherwell, 12 February 1998 at 4 pm.

A Meeting of the NORTH LANARKSHIRE COUNCIL

PRESENT

Councillor Mathieson, Provost; Councillor McCulloch, Depute Provost; Councillors Barrie, Beekman, Brooks, A. Burns, Carmichael, Chadha, Clarke, Combe, Connelly, Cox, Coyle, Craig, Craigie, Curley, Curran, Gibson, Gilchrist, Gordon, Gormill, Grant, Gray, Griffin, Hogg, Holloway, Lafferty, Logue, Lucas, Lunny, Lyle, McAlorum, McCabe, McElroy, McGhee, H. McGuigan, J. McGuigan, McKendrick, McKeown, McLaughlin, Macleod, Maginnis, J. Martin, W. Martin, Moran, Morgan, G. Murray, S.V. Murray, Nolan, Pentland, Robertson, Ross, Russell, Shaw, Stocks, Sullivan and Wilson.

CHAIR

Councillor Mathieson (Provost) presided.

IN ATTENDANCE

The Chief Executive, Director of Administration, Director of Construction Services, Director of Environmental Services, Director of Finance, Director of Housing, Director of Leisure Services, Director of Planning and Development, Director of Social Work, Head of Contracts/Provisions (Education Department) and Head of Central Services.

APOLOGIES

Councillors E. Burns, Cefferty, Hebenton, Leitch, McKenna, Murphy, Saunders, Scott, Selfridge and Smith.

DEATH OF DR. ROBERT McINTYRE

1. Before commencing the business of the meeting, Provost Mathieson referred to the death on 2 February 1998 of Dr. Robert McIntyre and stated:-

(1) that Dr. McIntyre had made history by becoming the 's first MP when he won the Motherwell seat at a By-Election in 1945;

(2) that he was the first SNP member to be elected to the old Council and became that Council's first SNP Provost. (3) that Dr. McIntyre was born in Motherwell; educated at Hamilton Academy and Daniel Stewart's College, Edinburgh; graduated in medicine and chemistry at Edinburgh University; and progressed in the field of medicine to become a consultant chest in Stirling, and

(4) that he would be remembered as a man who had a truly profound influence on the Nationalist movement in Scotland.

The Provost concluded by intimating that he had written on behalf of the Council to Mrs. McIntyre expressing condolences with her on behalf of the Council in her sad bereavement.

Councillor Lyle, Leader of the SNP Group and Councillor H. McGuigan, Leader of the Council, associated themselves with the Provost's remarks.

The Council then observed a minute's silence as a mark of respect.

NORTH LANARKSHIRE COUNCIL

2. There were submitted the Minutes of the meeting of the North Lanarkshire Council held on 18 December 1997.

Decided: that the terms of the Minutes be approved.

SUB-COMMITTEE MINUTES FOR INFORMATION

3. There were submitted for information the Minutes of the meetings of the undernoted Sub-Committees held on the dates specified which had been previously approved as shown:-

General Purposes (Licensing) Sub 20 November 1997 General Purposes (Licensing) Sub 11 December 1997 Special General Purposes (Licensing) Sub 12 December 1997 Special Civic Functions Group 11 December 1997 Civic Functions Group 7 January 1998

Approved by the General Purposes Committee at their meeting on 21 January 1998.

Leisure Services (Grants) Sub 28 November 1997 Approved by the Leisure Services Committee at their meeting on 28 January 1998.

Personnel Services (Appeals) Sub 5 December 1997 Personnel Services (Appeals) Sub 8 January 1998 Personnel Services (Appeals) Sub 13 January 1998 Personnel Services (Early Retirement) Sub 18 December 1997

Approved by the Personnel Services Committee at their meeting on 29 January 1998.

Construction Services (Business Plan) Sub 15 December 1997

Approved by the Construction Services Committee at their meeting on 27 January 1998.

Environmental Services (Community Safety) Sub 16 December 1997

Approved by the Environmental Services Committee at their meeting on 20 January 1998.

Social Work (Planning and Administration) Sub 6 January 1998 Social Work (Operations and Services) Sub 7 January 1998

Approved by the Social Work Committee at their meeting on 20 January 1998.

Planning and Development (Buildings and Property) Sub 6 January 1998 Planning and Development (Transport and Development) Sub 7 January 1998

Approved by the Planning and Development Committee at their meeting on 4 February 1998.

Policy and Resources (Policy, Planning and Performance Review) Sub 8 January 1998 Policy and Resources (Equal Opportunities) Sub 14 January 1998 Policy and Resources (Community Development) Sub 21 January 1998

Approved by the Policy and Resources Committee at their meeting on 3 February 1998.

Education (Community Services) Sub 13 January 1998 Education (Resources) Sub 15 January 1998 Approved by the Education Committee at their meeting on 27 January 1998.

Housing (Special Cases) Sub 21 January 1998

Approved by the Housing Committee at their meeting on 28 January 1998.

AREA COMMITTEE MINUTES FOR INFORMATION

4. There were submitted for information the Minutes of the meetings of the undernoted Area Committees held on the dates specified, which had previously been approved by the Policy and Resources (Community Development) Sub-Committee on 21 January 1998:-

Cumbernauld Area 9 December 1997

Airdrie Area 9 December 1997

Motherwell Area 10 December 1997

Wishaw and Newmains Area 10 December 1997

Kilsyth and Villages Area 10 December 1997

Bellshill Area 11 December 1997

Coatbridge Area 16 December 1997

Northern Corridor Area 16 December 1997

Shotts and Harthill Area 16 December 1997

COMMITTEE MINUTES FOR APPROVAL

5. There were submitted Minutes of the meetings of the undernoted Committees held on the dates specified.

Special Leisure Services 15 December 1997 Special Planning and Development 22 December 1997 Special Housing 14 January 1998 Planning and Development 14 January 1998 Social Work 20 January 1998 Environmental Services 20 January 1998 General Purposes 21 January 1998 Economic Development 22 January 1998 Special Planning and Development 26 January 1998 Construction Services 27 January 1998 Education 27 January 1998 Leisure Services 28 January 1998 Housing 28 January 1998 Special Housing 29 January 1998 Personnel Services 29 January 1998 Special North Lanarkshire Council 29 January 1998 Finance 29 January 1998 Special Planning and Development 2 February 1998 Policy and Resources 3 February 1998 Planning and Development 4 February 1998

Decided: that the terms of the minutes be approved except in so far as separately dealt with in terms of paragraphs 6 to 8 hereof.

SOCIAL WORK COMMITTEE - 20 JANUARY 1998 - RE-APPOINTMENT AND APPOINTMENT OF SAFEGUARDERS

\*@KB1 6. With reference to paragraph 12 of the Minute of the meeting of the Social Work Committee held on 20 January 1998, Councillor Sullivan, Vice-Convener of the Social Work Committee, moved approval subject to consideration of that aspect of the matter which concerns the application by Mr. James Muir for re-appointment to the Panel of Safeguarders being continued and considered later in the meeting together with the report of 6 February 1998 by the Director of Administration and the written representations by Mr Muir which, together, formed item 10 of the Agenda for this meeting.

Decided: that the minute be approved subject to consideration of that aspect of the matter which concerns the application by Mr. James Muir for re-appointment to the Panel of Safeguarders being continued and considered later in the meeting.

PERSONNEL SERVICES COMMITTEE - 29 JANUARY 1998 - REDUNDANCY POLICY

\*@JR1 7. With reference to paragraph 11 of the Minute of the meeting of the Personnel Services Committee held on 29 January 1998, Councillor Lyle, seconded by Councillor McAlorum, moved in terms of Standing Order No. 48, that Standing Order No. 29 be suspended to permit further consideration of the matter. On a vote being taken the motion for the Suspension of Standing Orders was defeated by 45 votes to 7 and thus failed to obtain the necessary two-thirds majority of members present and voting.

Decided: that Standing Orders be not suspended.

FINANCE COMMITTEE - 29 JANUARY 1998 - SEDERUNT

\*@JH1 8. With reference to the sederunt of the Minute of the meeting of the Finance Committee held on 29 January 1998 Councillor Pentland, Convener of the Finance Committee, advised that Councillor Ross had submitted his apologies for the meeting.

Decided: that the name of Councillor Ross be added to those of members who had submitted apologies for the meeting of the Finance Committee held on 29 January 1998.

REMIT FROM COMMITTEES

(1) PERSONNEL SERVICES COMMITTEE - 29 JANUARY 1998 - EMPLOYMENT POLICIES

9. Reference was made to paragraph 16 of the Minute of the meeting of the Personnel Services Committee held on 29 January 1998, when the Committee, having considered finalised employment policy documents covering (1) recruitment; (2) maternity provisions; (3) job sharing; (4) absence management, and (5) smoking in the workplace, all as contained within a report dated 16 January 1998 by the Head of Personnel Services, agreed (a) that the report be remitted for consideration at this meeting of the Council, and (b) that a report on absence management be prepared by the Head of Personnel Services for submission to the next meeting of the Personnel Services Committee.

Decided:

(1) that the employment policies relating to (a) recruitment; (b) maternity provisions, and (c) job sharing be approved, and

(2) that the employment policy relating to smoking in the workplace be continued for further consideration. (2) POLICY AND RESOURCES COMMITTEE - 3 FEBRUARY 1998 - AUTHORITIES BUYING CONSORTIUM

10. Reference was made to paragraph 21 of the Minute of the meeting of the Policy and Resources Committee held on 3 February 1998, when the Committee, having considered a letter dated 19 January 1998 from the Convener of the Authorities Buying Consortium advising that (1) the Minute of Agreement governing the operation of the Consortium expires on 31 March 1998, and (2) a decision will require to be taken by Constituent Authorities in early course on the future of the Consortium, agreed that consideration of the matter be remitted to this meeting of the Council.

Decided:

(1) that subject to the satisfactory negotiation of a new Minute of Agreement, the Council continue as a Member of the Authorities Buying Consortium, and

(2) that pending conclusion of such negotiations, the operation of the Consortium continue, governed by the terms of the existing Minute of Agreement.

NOTICE OF MOTION BY COUNCILLOR G. MURRAY AND COUNCILLOR LYLE

11. There was submitted the following motion in the names of Councillor G. Murray and Councillor Lyle, notice of which had appeared on the agenda viz:-

"This Council views with concern and acute disappointment that a Labour Government has imposed Fees on Students at Universities and Colleges starting in the Autumn of 1998 (ie well over a year after the Government was elected).

We also view with regret that grants for books, living and travel expenses have also been cut to a bare minimum.

Most Students especially Students from working class families will finish their studies burdened by a mountain of debt.

This Council demands that the Government immediately reviews these harsh and discriminatory policies with a view to abolishing all fees and introducing realistic grants."

Thereon Councillor G. Murray, seconded by Councillor Lyle, moved the terms of the motion. Councillor Gray, seconded by Councillor Gilchrist, moved as an amendment the direct negative.

Following discussion, on a vote being taken 47 Members voted for the amendment and 7 Members voted for the motion. The amendment was accordingly declared carried.

Decided: that the direct negative be approved.

RESIGNATIONS AND APPOINTMENTS

(1) COUNCILLOR D. GILCHRIST

12. It was reported that Councillor Gilchrist had intimated his resignation from the following and that new appointments required to be considered:- Licensing Board (to be effective from 6 April 1998), Leisure Services (Grants) Sub-Committee, Cumbernauld Theatre Trust and Scottish Local Government Information Unit (Joint Committee).

Decided: that the following members be appointed to the undernoted:-

Licensing Board Councillor B. McCulloch (effective from 6 April 1998)

Leisure Services (Grants) Sub-Committee Councillor S. Grant

Cumbernauld Theatre Trust Councillor S. Macleod

Scottish Local Government Information Unit (Joint Committee) Councillor S. Macleod

The Provost in exercise of his powers under Standing Order No. 14 authorised the consideration of the following two items in order that they could be dealt with timeously and exercised his discretion to alter the Order of Business in order to consider the items at this point in the Agenda.

(2) COUNCILLORS K. McALORUM AND G. RUSSELL

13. It was reported that Councillors McAlorum and Russell had intimated their resignations from the following Committees and Sub-Committees and that new appointments required to be considered:- Councillor McAlorum Leisure Services Committee Leisure Services (Grants) Sub- Committee

Councillor Russell Education Committee Education (Resources) Sub-Committee Education (Appeals) Sub-Committee

Decided:

(1) that Councillor Russell be appointed to the Leisure Services Committee and the Leisure Services (Grants) Sub- Committee, and

(2) that Councillor McAlorum be appointed to the Education Committee, the Education (Resources) Sub-Committee and the Education (Appeals) Sub-Committee.

(3) COUNCILLOR W. MARTIN

14. It was reported that Councillor W. Martin had intimated his resignation from the Cumbernauld Theatre Trust and that a new appointment required to be considered.

Decided: that Councillor J. McKenna be appointed to the Cumbernauld Theatre Trust.

REVENUE ESTIMATES 1998/99 - Council Tax Setting Day

15. There was submitted a report dated 4 February 1998 by the Director of Administration advising (1) that a proposal had been received from COSLA suggesting that all member Councils agree to set their Council Tax level for 1998/99 on Thursday, 5 March 1998, and (2) that in previous years it has been the practice of the Council to arrange, also, special Committee meetings to consider departmental revenue budgets on the day on which the Council meets to set the level of Council Tax.

After consideration, Councillor H. McGuigan, Leader of the Council, seconded by Councillor Pentland, moved that the Council agree to set the Council Tax on Thursday 5 March 1998; that, on that day, there be also special Committee meetings to consider departmental revenue budgets; that the Economic Development Committee, currently scheduled to meet on 5 March, meet instead on another date to be arranged, and that, if considered appropriate, the Council consider, also, the capital programme at the special meeting on 5 March. Councillor Lyle, seconded by Councillor G. Murray, moved as an amendment, that the motion be accepted subject to the special Committee meetings to consider departmental revenue budgets be held over the four days 2, 3, 4 and 5 March 1998.

On a vote being taken, 7 Members voted for the amendment and 39 Members voted for the motion, which was accordingly declared to be carried.

Decided:

(1) that the Council set the Council Tax level on Thursday, 5 March 1998;

(2) that there be a special meeting of all relevant Committees on that day to consider departmental revenue estimates;

(3) that the meeting of the Economic Development Committee scheduled for the afternoon of that day be re-arranged on another date, and

(4) that, if appropriate, the Council also consider the Composite Capital Programme 1998/99 on that day.

Councillor Beekman declared an interest in the following item of business and took no part in the consideration thereof.

OLD MONKLAND, COATBRIDGE - NEW HOUSING PARTNERSHIP BID

16. With reference to paragraph 58 of the Minute of the meeting of the Housing Committee held on 28 January 1998, when it was agreed that the development proposal for Old Monkland, Coatbridge would be submitted to the Scottish Office as one of the Council's bids for New Housing Partnership funds for 1998/99, there was submitted a report (docketed) dated 6 February 1998 by the Director of Housing advising of the outcome of the evaluation of bids received for the development of Old Monkland, Coatbridge and proposing that the Scottish Office be advised of the Council's preferred bid.

Decided:

(1) that the consortium of Clyde Valley Housing Association with Kelvin Homes and Tilbury Douglas Homes be selected as preferred bidder for the Old Monkland flats within the proposed transfer area;

(2) that the bid from the Clyde Valley Housing Association and partners form the basis of the submission for New Housing Partnership funds for 1998/99;

(3) that the unsuccessful bidder be advised accordingly, and

(4) that further reports be submitted to the Housing Committee detailing progress with the New Housing Partnership and the resultant implications.

PANEL OF SAFEGUARDERS: ARISING FROM RECOMMENDATION OF THE SOCIAL WORK COMMITTEE OF 20 JANUARY 1998, CONSIDER REPRESENTATIONS BY JAMES H. G. MUIR

17. There was submitted a report dated 6 February 1998 by the Director of Administration regarding the application by Mr James Muir for reappointment to the Panel of Safeguarders together with written representations which Mr. Muir had submitted for consideration by the Council and advising that Mr. Muir had requested, in addition, that he be afforded an oral hearing.

Reference was made also to paragraph 6 of this Minute regarding the appointment and reappointment of Safeguarders, in which the Minute of the Social Work Committee regarding reappointment and appointment of Safeguarders was approved subject to that aspect concerning the application by Mr Muir for reappointment to the Panel of Safeguarders being continued and considered at this stage of the meeting.

Councillor Sullivan, Vice-Convener of the Social Work Committee, proposed (1) that Mr. Muir be afforded the opportunity to make oral representations; (2) that these representations be heard by a Sub-Committee of members appointed for that purpose assisted by the appropriate officers, and (3) that that Sub-Committee be given authority to make a final decision on this matter in the name of and on behalf of the Council.

Decided:

(1) that Mr. Muir be afforded the opportunity to make oral representations;

(2) that these representations be heard by a Sub-Committee comprising the Convener and Vice Conveners of the Social Work Committee, the Leader and Depute Leader of the Council and Councillor Russell;

(3) that appropriate officers should assist the Sub- Committee, and

(4) that the Sub-Committee be authorised to make a final decision on this matter in the name of and on behalf of the Council.

MONKLANDS DISTRICT COUNCIL (FOOTPATH ADJACENT TO 22D AND 24A WILLOW DRIVE, AIRDRIE) STOPPING UP ORDER 1995

18. There was submitted a report dated 11 December 1997 by the Head of Legal Services advising that (1) following a decision of the Planning and Development Committee of the former Monklands District Council on 15 June 1995, subsequently ratified by that Council in June 1995, the draft of the "Monklands District Council (Footpath Adjacent to 22D ad 24A Willow Drive, Airdrie) Stopping Up Order 1995" was made on behalf of Monklands District Council on 29 November 1995, and advertised in the Airdrie and Coatbridge Advertiser and the Edinburgh Gazette; (2) one objection was received to the draft Order and arrangements were made by the Scottish Office Inquiry Reporters for a public local inquiry to be held on 18 March 1997, but the objection was withdrawn on 13 March 1997, and (3) the Order now requires to be confirmed by the Council as an unopposed Order.

Decided: that the Council confirms the Order as an unopposed Order.

The Provost in exercise of his powers under Standing Order No. 14 authorised the consideration of the following items in order that they could be dealt with timeously.

EXTENSION OF DOMESTIC WHEELED BIN SYSTEM

19. There was submitted a report dated 9 February 1998 by the Director of Environmental Services regarding proposals to extend the domestic wheeled bin system into those areas of the Council which continued to operate on the basis of a plastic sack collection service and advising that, following a survey carried out in various areas of Cumbernauld which had remained on the plastic sack collection system, it was considered feasible to implement a further phase of the domestic wheeled bin system within these areas, at a maximum level of capital expenditure of $160,000.

Decided:

(1) that the domestic wheeled bin system be extended within appropriate areas of Cumbernauld;

(2) that the allocation of capital funding to a maximum of $160,000 be approved, and

(3) that the Director of Environmental Services be authorised to negotiate an extension to the contract, to be considered in the following item of business, with the successful contractor to include additional domestic wheeled bins in appropriate areas of Cumbernauld.

TENDER FOR THE SUPPLY OF WHEELED REFUSE CONTAINERS

20. With reference to the preceding paragraph there was submitted a report dated 5 February 1998 by the Director of Environmental Services on the tenders received for the supply of three distinct groups of wheeled refuse containers and recommending the acceptance of the lowest tender in each group.

Decided: that the lowest tender in each group be accepted as follows:-

Domestic/Small Wheeled Refuse Containers SS1 Schaeffer Limited, Andover, Hampshire in the sum of $143,247

Large Commercial Wheeled Refuse Icoplastic Limited, Newport, Containers - Plastic and Galvanised Shropshire in the sum of $39,386.25

Large Commercial Wheeled Refuse MGB Randalls Limited, Kinsley, Containers - Powder Coated Pontefract in the sum of $10,726. DEMOLITION OF 5 BLOCKS OF FLATS AT SIKESIDE, COATBRIDGE AS PART OF THE NEW HOUSING PARTNERSHIP

21. With reference to (1) paragraph 24 of the Minute of the Housing Committee held on 22 October 1997 when it had been noted that the lowest tender for the contract for the demolition of 5 blocks of flats at Old Monkland was that of George Hunter (Demolishers) Limited, in the sum of $83,938.58, and (2) paragraph 1 of the Minute of the meeting of the Housing Committee held on 28 November 1997 when, inter alia, New Housing Partnership proposals for 1997/98, including an allocation of $100,000 for the demolition of 5 blocks of flats at Sikeside, Coatbridge was approved, there was submitted a report dated 9 February 1998 by the Director of Construction Services seeking approval to negotiate and extend the existing contract with George Hunter (Demolishers) Limited for the demolition of 5 block of flats at Sikeside Coatbridge at an estimated cost of $84,000.

Decided: that the existing contract with George Hunter (Demolishers) Limited, Glasgow be extended to include the demolition of 5 blocks of flats at Sikeside, Coatbridge at an estimated cost of $84,000.

DEMOLITION OF 3 BLOCKS OF FLATS AND LOCK-UPS, MUIRHOUSE, MOTHERWELL (NEW HOUSING PARTNERSHIP)

22. With reference to (1) paragraph 46 of the Minute of the meeting of the Housing Committee held on 19 March 1997 when it had been noted that the lowest tender for the contract for the demolition of 4 blocks of flats at Muirhouse, Motherwell was that of George Beattie and Sons, Kilsyth in the sum of $163,020, and (2) paragraph 1 of the Minute of the meeting of the Housing Committee held on 28 November 1997 when inter alia, New Housing Partnership proposals for 1997/98, including an allocation of $250,000 for the demolition of 3 blocks of flats and associated land and relocation costs were approved, there was submitted a report dated 9 February 1998 by the Director of Construction services seeking approval to negotiate and extend the existing contract with George Beattie and Sons for the demolition of 3 blocks of flats and lock-ups at Muirhouse, Motherwell, at an estimated cost of $170,000.

Decided: that the existing contract with George Beattie and Sons, Kilsyth be extended to include the demolition of 3 blocks of flats and lock-ups at Muirhouse, Motherwell at an estimated cost of $170,000.