28 June 2001 Motherwell, 28 June

NORTH LANARKSHIRE COUNCIL - 28 June 2001

Motherwell, 28 June 2001 at 4 pm.

A Meeting of the NORTH LANARKSHIRE COUNCIL

PRESENT

Councillor McCulloch, Provost; Councillors Barrie, Brady, Brooks, Burns, Cefferty, Chadha, Clarke, Coyle, Curley, Curran, Devine, Donnelly, Glavin, Gordon, Gorman, Gormill, Grant, Gray, Griffin, Hebenton, Hogg,-- Holloway, Homer, Irvine, Jones, Lafferty, Logue, Love, Lunny, McCabe, McCallum, McGhee, H. McGuigan, J. McGuigan, McLaughlin, Maginnis, J. Martin, W. Martin, Mathieson, Moran, Morgan, G. Murray, M. Murray, Pentland, Robertson, Ross, Saunders, Scott, Shaw, Shields, Smith, Sullivan, Valentine and Wallace.

CHAIR

Councillor McCulloch (Provost) presided.

IN ATTENDANCE

The Chief Executive; Director of Administration; Director of Community Services; Director of Education; Director of Housing and Property Services; Director of Planning and Environment; Director of Social Work, Commercial and Partnership Manager; Assistant Chief Executive; Head of Central Services, and Head of Accounting Services.

APOLOGIES

Depute Provost Connelly and Councillors Cox, McElroy, McKeown, Morris, Nolan and Wilson.

DEATH OF CARDINAL THOMAS WINNING

The Provost referred to the death on Sunday, 17 June 2001 of Cardinal Thomas Winning and intimated (1) that the Council had marked its respect by observing one minute’s silence at the commencement of the Policy and Resources Committee on 19 June; (2) that arrangements were made to have the flag flown at half mast and Books of Condolence were made available to the public; (3) that the Books of Condolence will be sent in due course to the offices of the Archdiocese of Glasgow; (4) that the Cardinal was a true community leader of national status but was above all a man who never forgot his origins here in North Lanarkshire, and (5) that the messages of condolence and the widespread publicity which followed on his death were a real tribute to the respect in which he was held.

NORTH LANARKSHIRE COUNCIL

1. There was submitted the Minute of the meting of North Lanarkshire Council held on 3 May 2001

Decided: that the terms of the Minute be approved.

MINUTES OF MEETINGS OF COMMITTEES FOR INFORMATION

2. There was submitted for information the Minutes of the meetings of the undernoted Committees which had been previously approved by the Council on 3 May 2001:-

Appointments 30 April 2001 Special Planning and Environment 1 May2001

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SUB-COMMITTEE AND AREA COMMITTEE MINUTES FOR INFORMATION

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

General Purposes (Licensing) Sub 15 March 2001 Special General Purposes (Licensing) Sub 27 March 2001 General Purposes (Licensing) Sub 12 April 2001 Civic Functions Group 9 May 2001

Approved by the General Purposes Committee at their meeting on 23 May 2001.

Personnel Services (Appeals) Sub 10 April 2001 Personnel Services (Appeals) Sub 20 April 2001 Personnel Services (Appeals) Sub 23 April 2001 Personnel Services (Appeals) Sub 3 May 2001 Policy and Resources (Personnel Appeals) Sub 4 June 2001 Policy and Resources (Personnel Appeals) Sub 18June2001 Policy and Resources (Property) Sub 31 May 2001 Policy and Resources (Personnel) Sub 11June2001 Special Policy and Resources (Personnel) Sub 18June2001 Policy and Resources (Finance) Sub 12June2001

Approved by the Policy and Resources committee at their meeting on 19 June 2001.

Housing and Property Services (Special Cases) Sub 27 April 2001 Housing and Technical Services (Capital Programme and Repairs) Sub 10 May 2001

Approved by the Housing and Technical Services Committee at their meeting on 31 May 2001.

Social Work (Planning and Administration) Sub 8 May 2001 Social Work (Operations and Services) Sub 10 May 2001

Approved by the Social Work Committee at their meeting on 24 May 2001,

Planning and Environment (Roads and Transport) Sub 9 May 2001

Approved by the Planning and Environment Committee at their meeting on 13 June 2001.

Community Services (Community Development) Sub 15 May 2001 1. Motherwell and District Area 9 April 2001 2. Airdrie Area 10 April 2001 3. Coatbridge Area 10 April 2001 4 Wishaw and District Area 11 April 2001 5. North Area 12 April 2001 6 Bellshill and District Area 12 April 2001

(The above-mentioned minutes of Area Committees were approved by the Community Services (Community Development) Sub-Committee at their meeting on 15 May 2001).

Approved by the Community Services Committee at their meeting on 30 May 2001.

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Education (Resources) Sub 17 May 2001

Approved by the Education Committee at their meeting on 30 May 2001.

COMMITTEE MINUTES FOR APPROVAL

4. There was submitted the Minutes of the undernoted Committees held on the dates specified

Special Planning and Environment 4 May 2001 Special Planning and Environment 14 May 2001 Planning and Environment 16 May 2001 General Purposes 23 May 2001 Social Work 24 May 2001 Community Services 30 May 2001 Education 30 May 2001 Special Social Work 31 May2001 Housing and Technical Services 31 May2001 Special Planning and Environment 4 June 2001 Appointments 5 June 2001 Planning and Environment 13 June 2001 Appointments 14 June 2001 Special Social Work 18 June 2001 Policy and Resources 19 June 2001 Special Planning and Environment 20 June 2001

Decided: that the terms of the Minutes be approved except in so far as separately dealt with in terms of paragraphs 5 and 6 hereof.

PLANNING AND ENVIRONMENT COMMITTEE - 16 MAY 2001 - PUBLIC TRANSPORT FUND PROJECTS COMMENCING IN 200212003

5. Reference was made to paragraph 5 of the Minute of the meeting of the Planning and Environment Committee held on 16 May 2001, when the Committee, having considered a report dated 2 May 2001 by the Director of Planning and Environment (1) referring to notification from the Scottish Executive of additional capital consent funding for 2001/2002 in relation to projects which promoted cycling, walking and safer streets, and (2) recommending that bids be made for the funding of such projects, agreed, --inter alia, (a) that the use of funding allocated to the Council for safer streets projects for the implementation of advisory 20 mph zones in all residential areas in North Lanarkshire be approved, and (b) that it be noted that further update reports will be brought to Committee as appropriate.

Councillor Coyle, seconded by Councillor Maginnis, moved approval of the Minute.

Councillor G. Murray, seconded by Councillor McCallum, moved as an amendment that paragraph (b) above be amended to read “that it be noted that further reports will be brought to Committee as appropriate and in particular a report detailing the timetable for the introduction of 20 mph zones in all residential areas in North Lanarkshire be brought to the next meeting of the Planning and Environment Committee.

On a vote being taken, 7 Members voted for the amendment and 46 Members voted for the motion, which was accordingly declared carried.

Decided: that the terms of the Minute be approved.

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PLANNING AND ENVIRONMENT COMMITTEE - 13 JUNE 2001 - COMPOSITE CAPITAL PROGRAMME 2001/2002 TO 2003/2004 - TOWN CENTRES

6. Reference was made to paragraph 29 of the Minute of the meeting of the Planning and Environment Committee held on 13 June 2001, when the Committee, having considered a report dated 22 May 2001 by the Director of Planning and Environment outlining a Capital Expenditure Programme for Town Centres for the three year period from 2001/2002 to 2003/2004, agreed that the Capital Programme for Expenditure on Town Centres as outlined in the report be approved.

Councillor Maginnis, seconded by Councillor Curran, moved approval of the Minute.

Councillor G. Murray, seconded by Councillor M. Murray, moved, as an amendment, that the report be not approved and that a further report showing a fairer distribution of resources be submitted to the next meeting of the Planning and Environment Committee.

On a vote being taken, 7 Members voted for the amendment and 46 Members voted for the motion, which was accordingly declared carried.

Decided: that the terms of the Minute be approved.

REMIT FROM HOUSING AND TECHNICAL SERVICES COMMITTEE OF 31 MAY 2001 - RE-RENDERING PROGRAMME - TREATMENT OF PRIVATELY OWNED PROPERTIES

7. With reference to paragraph 13 of the Minute of the meeting of the Housing and Technical Services Committee held on 31 May 2001, when the Committee, having considered a report dated 15 May 2001 by the Director of Housing and Property Services regarding the policy for dealing with owner/occupied properties or other privately owned flats and houses which adjoin properties which were affected by the Council’s Re-rendering Programme, had agreed that the matter be continued to the Council for consideration, the Council considered the report.

The report recommended that (1) private owners within flatted blocks in the Re-rendering Programme be offered the opportunity to participate, with repairs grant assistance, subject to the title conditions allowing this; (2) where an owner does not agree to participate only half the block (split vertically) would be treated, subject to the title conditions allowing this; (3) in terraced blocks, private owners would be offered grant assistance if they negotiate with the Council’s contractor to have their house re-rendered simultaneously with the adjoining Council house, and (4) in each case, participation would be subject to the availability of funding for grants within the non-HRA Housing Capital Programme.

Councillor McLaughlin, Convener of the Housing and Technical Services Committee, seconded by Councillor Grant, moved approval of the recommendations subject to paragraph (2) being amended to read as follows:-

“when an owner does not agree to participate, where the title deeds allow, that tenants homes within flatted blocks are rendered including those where it is necessary to have a horizontal joint between the tenants house and the private owned flat above or below it.”

Councillor G. Murray, seconded by Councillor M. Murray, moved as an amendment, that recommendations (2), (3) and (4) be amended to read “(2) where an owner of a top flat does not agree to participate, only half the block (split vertically) would be treated, subject to the title conditions allowing this; (3) in terraced blocks, private owners would be offered grant assistance and help to negotiate with the Council’s contractor to have their house re-rendered simultaneously with the adjoining Council house, and (4) owner participation in all cases would be subject to the availability of funding for grants within the non-HRA Housing Capital Programme.”

On a vote being taken, 7 Members voted for the amendment and 45 Members voted for the motion, which was accordingly declared carried.

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Decided:

(1) that private owners within flatted blocks in the Re-rendering Programme be offered the opportunity to participate, with repairs grant assistance subject to the title conditions allowing this;

(2) when an owner does not agree to participate, where the title deeds allow, that tenants homes within flatted blocks are rendered including those where it is necessary to have a horizontal joint between the tenants house and the privately owned flat above or below it;

(3) in terraced blocks, private owners would be offered grant assistance if they negotiate with the- Council’s contractor to have their house re-rendered simultaneously with the adjoining Council house, and

(4) in each case, participation would be subject to the availability of funding for grants within the non-HRA Housing Capital Programme.

NOTICE OF MOTION BY COUNCILLOR McCABE AND COUNCILLOR SMITH

8. There was submitted the following motion in the names of Councillor McCabe and Councillor Smith, notice of which had appeared on the agenda viz:-

“That this Council adopts the following amendments to the Council’s Standing Orders to accord with the decision of the Council on 3 May to approve proposals for the introduction of a Notice of Question Procedure:-

44w A member may submit a Notice of Question to be posed at any Ordinary Meeting of the Council. Such notice shall be in writing, shall be signed by the member giving the notice and shall be delivered to the Chief Executive not later than noon on the Tuesday immediately preceding the Thursday on which the Ordinary Council Meeting is to be held unless, by virtue of Standing Order 2(b), the Council determines that an Ordinary Meeting of the Council shall be held on a day other than a Thursday, in which event a notice of question shall be delivered to the Chief Executive not later than noon on the second day immediately preceding the day on which there is to be held the Ordinary Meeting of the Council at which it is proposed that the question be posed.

44(b) Immediately following the expiry of the time limit for receipt of notices of question for any Ordinary Meeting of the Council, the Chief Executive, or such officer as the Chief Executive may authorise, shall, by process of ballot, determine the order in which questions of which notice has been given shall be posed.

44(c) Following the conclusion of all other business to be considered at an Ordinary Meeting of the Council, there shall be a period, not exceeding thirty minutes, during which questions, of which notice has been given as aforesaid, shall be posed and answered by the relevant office bearer of the Council as determined by the Chair, and that in the order in which the Chief Executive intimates that the questions fall to be posed. In the event that, on the expiry of the period of thirty minutes, all questions of which notice has been given have not been posed and responses provided, a written response to each remaining question shall be sent by the relevant office bearer of the Council, as determined by the Chair, to reach the member who has given notice of the question within the seven days following the day on which the Council Meeting took place.”

Councillor McCabe, seconded by Councillor Smith, then moved the terms of the motion.

Councillor G. Murray, seconded by Councillor Glavin, moved, as an amendment, the following:-

“at the end of 44(a) add:

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In addition to the normal established practice at Council meetings of allowing a Member to ask a question on any matter appearing on the Minutes of the meetings of the Committees, which are presented for approval.

at the end of 44(b) add:

The Chief Executive shall invite a representative of each party or political group represented on the Council to witness this ballot.

add a new clause 44(c):-

A Member selected by ballot to ask a question may ask a supplementary question.

Alter 44(c) to 44(d).”

On a vote being taken, 7 Members voted for the amendment and 44 Members voted for the motion, which was accordingly declared carried.

Decided: that this Council adopts the following amendments to the Council’s Standing Orders to accord with the decision of the Council on 3 May to approve proposals for the introduction of a Notice of Question Procedure:-

44(a) A member may submit a Notice of Question to be posed at any Ordinary Meeting of the Council. Such notice shall be in writing, shall be signed by the member giving the notice and shall be delivered to the Chief Executive not later than noon on the Tuesday immediately preceding the Thursday on which the Ordinary Council Meeting is to be held unless, by virtue of Standing Order 2(b), the Council determines that an Ordinary Meeting of the Council shall be held on a day other than a Thursday, in which event a notice of question shall be delivered to the Chief Executive not later than noon on the second day immediately preceding the day on which there is to be held the Ordinary Meeting of the Council at which it is proposed that the question be posed.

APPOINTMENT OF MEMBER TO POLICY AND RESOURCES (PERSONNEL) AND POLICY AND RESOURCES (PERSONNEL APPEALS) SUB-COMMITTEES

9. With reference to paragraph 21 of the Minute of the meeting of the Council held on 3 May 2001 regarding the appointment of Members to Committees, Sub-Committees and Scrutiny Panels, it was reported that one member still required to be appointed to the Policy and Resources (Personnel) and Policy and Resources (Personnel Appeals) Sub-Committees.

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Decided: that Councillor Burns be appointed to serve on the Policy and Resources (Personnel) and Policy and Resources (Personnel Appeals) Sub-Committees.

DELEGATION OF POWERS TO DEAL WITH ANY ITEMS OF URGENCY DURING THE SUMMER RECESS

10. The Provost referred to the forthcoming summer recess and proposed that powers be delegated to deal with any items of urgency.

Decided: that the Chief Executive, in consultation with the Convener of the relevant Committee where appropriate, be authorised to deal with any items of urgency during the recess.

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