Agenda and minutes

            Apologies for inability to attend were reported from Councillors Garrett, Jones and A. Newton.

            The Committee was advised that, in accordance with its decision of 17th June, a series of Party and Member briefings had been facilitated as requested during July and August.  Those initial briefings would now be followed by a series of Member Workshops addressing each of the main themes in the Plan, that is, Leadership, the Environment, the Economy and People and Communities.  The purpose of the Workshops was to seek agreement on what Members wished to achieve by the end of the Council term and to consider how those could be delivered in the context of available resources.  Among the issues which Members would consider during the next three months would be:

·         Ambition – what the Council would deliver across the City in terms of both projects and programmes;

·         Advocacy – where and how to influence on behalf of the City;

·         Affordability – what was achievable and realistic;

·         Delivery – understanding what it took to get things from concept to delivery and making sure things happened; and

·         Governance – ensuring effective decision-making and clarifying the roles of Members and officers in achieving the priorities.

            The Chief Executive provided for the information of the Members a Corporate Plan Timetable which set out the key stages in the Corporate Planning and Budget Setting process and provided details of a series of workshops and briefings which would be held to allow Members to consider all aspects of the Council’s ambitions, its role in the City and its capacity to deliver.  The first workshop which had been held earlier that week had focused on leadership and place-shaping, with a particular emphasis on the process required to start prioritising the physical projects Members wanted to make happen across the City.  Further workshops, which would focus on the remaining key themes, would be scheduled in September.  In addition, Party Briefings would be available for Members as required and further North, South, East and West working sessions would also be convened.  This would culminate in agreements on priorities, affordability and delivery in late Autumn.

            The Chief Executive explained that, following the workshop, he would now produce a report on a range of measures and projects which the Committee would wish to prioritise.

            A number of Members expressed the view that the Council needed to prioritise issues relating to the economy and the need for the Council to demonstrate it was investing in the city and helping people cope with the recession.  The Chief Executive indicated that the next workshop on the Plan would relate to the economy and would be held in September.

Noted.

            The Committee was informed that the undernoted requests for the use of the City Hall and the provision of hospitality had been received:

            The Committee was advised that correspondence had been received from the Department of Education requesting that the Council submit the names of at least two Councillors for each of the four positions which it held on the Belfast Education and Library Board.  The Minister for Education would make the appointments of the four Councillors following the submission of application forms and the holding of interviews, in line with the process which had been approved by the Commissioner for Public Appointments.

            The Democratic Services Manager reminded the Committee that appointments to the interim Belfast Education and Library Board had been made in March, 2011.  However, following the Local Government Elections in May, 2011 it was now necessary for the Council to consider again the nomination of Members for appointment.

            The matter had been discussed at the meeting of the Party Leaders on 25th May when the allocation of places on Outside Bodies was being determined and it had been decided that, due to the uncertainty which existed at that time as to the Department for Education’s intentions, the nomination of Members to the Board should be dealt with by the Committee as a separate matter.  A similar approach had been taken by the Party Leaders in relation to the appointment of Members to the Belfast Harbour Commissioners.  That matter had been decided at the Committee’s meeting on 16th June when it had been agreed that a one-off d’Hondt exercise should be used to select eight nominees.

            The Democratic Services Manager pointed out that, in keeping with that principle, a similar one-off d’Hondt exercise should be used for the nomination of Members to the Belfast Education and Library Board.  That would result in the eight names coming from the Parties as set out below:

Sinn Féin – choices 1, 3 and 7

DUP – choices 2, 5 and 8

SDLP – choice 4

Alliance – choice 6

            The Committee agreed, in order to ensure a consistent approach:

(i)      to employ a one-off D’Hondt process for the aforementioned appointments which would provide for three Sinn Féin and three DUP nominations and one nomination each from the SDLP and Alliance Parties; and

(ii)     that the Department of Education be advised that the application of the Council’s system of proportionality would provide for the first four of those eight choices being two Sinn Féin representatives (choices 1 and 3), one DUP representative (choice 2) and one SDLP representative (choice 4).

            The Democratic Services Manager informed the Members that correspondence had been received from the Chairman of the Ulster Orchestra concerning the corporate governance of the Ulster Orchestra Society Board.  The letter explained that the Board had been reviewing its corporate governance arrangements and had made a number of changes to provide for better governance, including the reduction from nine to seven of the number of non-executive directors and seeking to replace any vacancies which arose on the Board with persons who provided different areas of expertise.

            In addition, the Board had decided that the status of the five “Representative” and the “Assessor” members should change from that of a “Representative” to that of an “Observer”.  The Council’s representative on the Board (currently Councillor Maskey) was one of those representative members who would be affected by the change, along with the representatives from the BBC, NILGA, the Friends of the Ulster Orchestra and the Players’ representative.  The main implication of that change appeared to be that the Council’s representative, whilst having access to all information and whilst being entitled to be present at Board meetings, would not have voting rights.

            The Democratic Services Manager reported that, in the absence of the Chairman of the Board, contact had been made with the Ulster Orchestra’s Chief Executive who had pointed out that the vast majority of Board decisions were taken by consensus and very rarely was a vote necessary.  He also advised that the views of the “Observers” were also sought at Board meetings and were fully taken into account when decisions were reached.

            Several Members expressed concern, given the substantial funding and other resources which were provided to the Ulster Orchestra by the Council, that it was not being given full representation on the Board.

            After discussion, it was agreed that research be undertaken to establish what arrangements other Councils had with similar organisations and that the Chairman and the Council’s current representative on the Board meet with representatives of the Ulster Orchestra Board to discuss the Committee’s concerns and, depending on the outcome of that meeting, a letter be forwarded to the Chairman of the Board expressing the Committee’s dissatisfaction

            The Committee was advised that the Association of Municipal Authorities of Ireland was holding its Annual Conference in Trim, County Meath from 8th till 10th September.  The main focus of the conference would examine the principle of subsidiarity and the need to balance the efficiency of regional service delivery against local democracy and local responsiveness.  The keynote speaker at the conference would be Brian Hayes, Minister of State at the Irish Republic Department of Finance.  The Council had been represented at the Association’s events for a number of years and the cost of attending this year’s event was approximately £855.

            The Committee authorised the attendance at the Association of Municipal Authorities of Ireland – Annual Conference of the Chairman, the Deputy Chairman, the Council’s representatives on the National Association of Councillors, Northern Ireland Region, the Democratic Services Manager (or their nominees) and a representative from each of the Parties on the Council not represented by the aforementioned Members.

            The Democratic Services Manager advised the Committee that the Local Authorities Members’ Association was holding its Autumn Seminar in Dungarvan, County Waterford on 23rd and 24th September.  The theme of the seminar was “The Role of Tourism in Economic Recovery”.  The keynote speaker would be Dr. Leo Varadkar, TD, Minister of Transport, Tourism and Sport.  Other expert speakers would include Mr. Niall Gibbons, Chief Executive Tourism Ireland and Mr. Damien Tiernan, Chief Correspondent, RTE.  The cost per person attending the event would be approximately £885.

            The Committee authorised the attendance at the Local Authorities Members’ Association – Autumn Seminar of the Chairman, the Deputy Chairman, the Council’s representatives on the National Association of Councillors, Northern Ireland Region, the Democratic Services Manager (or their nominees) and a representative from each of the Parties on the Council not represented by the aforementioned Members.

            The Committee was advised that Consumer Focus was a statutory consumer champion for England, Scotland, Wales and for postal consumers in Northern Ireland.  The organisation had been established by the Consumers, Estate Agents and Redress (CLEAR) Act 2007.  It sought to tackle issues which mattered to consumers and aimed to give local people a stronger voice in service provision.  In Northern Ireland the remit of the Group was restricted to representing postal consumers.

            The Democratic Services Manager reported that Consumer Focus had published a report which examined the impact of future developments in the Post Office network in Northern Ireland.  The Head of Postal Policy at Consumer Focus Post had offered to brief Members on the implications of Central Government’s strategy on the Post Office network, including the Postal Services Bill which was now going through Parliament.  He indicated that the Committee might find it useful to receive representatives of the Organisation at a Briefing Session, to which all Members of the Council would be invited.  However, in order to provide Members with the full picture, it might be useful to invite also representatives of the Post Office Limited to the briefing to allow them the opportunity of explaining their plans for the roll-out of the Post Office Local Format in the Belfast area.

            The Committee agreed to this course of action.

            (Ms. D. Murtagh, Divisional Solicitor, attended in connection with this item.)

            The Committee considered the undernoted report:

“Relevant Background Information

      Members will recall that the Strategic Policy & Resources Committee at its meeting on 17th June 2001 agreed to defer consideration of a report in relation to the invitation of tenders for the Bobbin Coffee Shop to enable a further report in relation to the terms and conditions of contractors to be submitted to the Committee.  The Committee agreed also that, given that the review of the management at the City Hall could have an impact on the operation of the Bobbin and the fact that the matter had been deferred, the current contract should be extended for a maximum period of nine months to enable the procurement process to be completed and a new contract to be put in place.  This report provides clarification of the issues raised by the Committee at its meeting on 17th June 2011.

Key Issues

      At the Committee’s meeting of 17th June, a query was raised as to whether the Council could contractually require a successful contractor to pay a particular rate of pay to its employees.  The position is regulated by the provisions of Article 19 of the Local Government (Miscellaneous Provisions (NI) Order 1992, as amended by, the Local Government (Best Value) Act 2002, which specify a list of ‘non-commercial matters’ which cannot be considered by a council when awarding public supply or works contracts (which expression includes contracts for the supply of services). Article 19 further provides specifically that the terms and conditions of employment by contractors of their workers is for the purposes of the legislation a non- commercial matter and a matter, therefore, which cannot be considered by a council in the award of contracts.

      It should be noted, however, that the effect of the Transfer of Undertakings (Protection of Employment) Regulations 2006(TUPE) and/or the Service Provision Change (Protection of Employment) Regulations (NI) 2006(SPC) is to preserve the continuity of employment and terms and conditions of those employees transferring to a new employer when a relevant transfer takes place

in accordance which the Regulations.  Any outgoing contractor’s powers, duties, rights and liabilities under any contract of employment therefore transfer automatically to any incoming successful contractor.

Resource Implications

      Human Resources

      There are no human resource issues as all staffing matters will be the responsibility of the successful tenderer.

      Equality and Good Relations Implications

      N/A

Recommendations

      It is recommended that the Committee notes the position regarding the application of the Local Government (Miscellaneous Provisions) (NI) Order 1992 as amended by the Local Government (Best Value) Act (NI) 2002 and further notes the provisions of TUPE and the Service Provision Change (Protection of Employment) Regulations (NI) 2006 regarding continuity of employment and terms and conditions of employment.

Key to Abbreviations

      The Transfer of Undertakings Regulations 2006 (TUPE)

      The Service Provision Change (Protection of Employment) Regulations (NI) 2006(SPC)”

            After discussion, the Committee adopted the recommendation.

            The Committee considered the undernoted report:

“Relevant background information

      The Strategic Policy and Resources Committee agreed on 18 June 2010 that:

·         the council would produce financial reporting packs for the Strategic Policy and Resources Committee and each Standing Committee on a quarterly basis

·         the Budget and Transformation Panel would also receive monthly financial updates if there were any significant issues to report.

      The reporting pack contains a summary dashboard of the financial indicators and an executive summary explaining the financial performance (Appendix 1). It also provides a more detailed explanation of each of the relevant indicators covering the year to date and forecast financial position, progress in year on the capital programme, implications for reserves, payments to creditors and recovery of debt.

      The style and layout reflect the discussion and feedback arising from the members’ financial training at the end of September 2010.  As we previously advised the committee, we will continue to develop the style and contents of the reports in liaison with members.

      Central finance and departmental management teams have worked together to develop the information within the financial reporting packs.

Key Issues

      Current and Forecast Financial Position 2011/12

      The financial position for the council at the end of Quarter 1 is a net departmental under spend of £1.48m (4.89%). The forecast year end position is an under spend of £210,000.

      The key elements of the Quarter 1 net under spend relate to increased levels of income received in Building Control and Parks and Leisure Services combined with reduced waste disposal and haulage costs in Health and Environmental Services.

      The forecast year end outturn for the various departments of an under-spend totalling £210,000 reflects the anticipated reduction in income levels for ISB, North Foreshore electricity generation, Leisure Centres, Malone House and Belfast Castle. These losses will be offset by savings in Health and Environmental Services due to a reduction in landfill tonnages.

      Land and Property Services forecast a shortfall in rate income of £161,000 which will leave the council with a forecast balanced budget position at the year end.

      It should be emphasised that it is very early in the financial year and therefore it is difficult to make an accurate forecast of the end of year financial position. There are considerable uncertainties which could impact on the forecast, for example, the level of rates income received or any changes to the pay rise assumptions.

Nonetheless, an early forecast is helpful to Members in making financial decisions for the remainder of 2011/12 and in advance of the 2012/13 rates setting exercise.

      The financial reporting pack contains more detail on both the overall council position and the financial performance in each of the Committees.

      Capital Programme

      The rates for 2011/12 allowed for £10.2m of capital financing to pay for schemes within the Capital Programme.  Slippage in a number of schemes and in-year savings of £900,000 in fleet provision may result in finance becoming available in-year for re-allocation on a non-recurrent basis.  It is recommended that a report  ...  view the full minutes text for item 13.

            The Committee was reminded that the former Head of Finance and Performance, Ronan Cregan, had been appointed to the post of Director of Finance and Resources with effect from 4th July, 2011.  Consequently, arrangements now needed to be put in place for a recruitment exercise for the vacant post of Head of Finance and Performance.

            The Director of Finance and Resources reported that, in accordance with the Local Government Staff Commission’s Code of Procedures on Recruitment and Selection, the post should be publicly advertised and the selection panel comprised of the Chairman of the Committee and two other Elected Members from Political Parties not represented by the Chair, together with the Director of Finance and Resources and

another Director, or the Head of Human Resources.  The entire Panel should be representative of gender and community background, with all Panel Members having attended recent training in non-discriminatory recruitment and selection techniques.  An observer from the Local Government Staff Commission and a professional assessor might also be in attendance during the selection process but would have no voting rights.

            Accordingly, the Committee approved the following recruitment schedule for the filling of the post of Head of Finance and Performance:

(i)      following Council ratification, the vacancy would be publicly advertised on 8th and 9th September, with a closing date of 23rd September;

(ii)     the panel short-list would take place on 4th October from 9.00 a.m. to 11.30 a.m.;

(iii)    short-listed candidates would be invited to attend a full day assessment centre on 10th and 11th October;

(iv)    a Members’ briefing and the selection panel meeting to approve the outcome of the assessment centre would be held on 12th October from 9.00 a.m. till 11.00 a.m.;

(v)     the selection panel interviews would be held on 20th October; and

(vi)    in the interests of making an early appointment, the Chief Executive, in consultation with the selection panel, be given full delegated authority to offer the post to the recommended candidate, with the outcome being reported back to the Committee for noting.

            In addition, the Committee agreed that the Chairman, the Deputy Chairman and Councillor Hendron (or their nominees) be appointed to the selection panel.

            The Committee considered the undernoted report:

“Relevant Background Information

      Members will recall that a Policy for Staff Attending Events was approved at a meeting of the Strategic Policy and Resources Committee on 24 October 2008. As part of that policy it was agreed that information relating to staff attending events and the associated travel would be published on an annual basis starting with the information relating to the year 2008/2009. The information to be published annually by 30 June.

      Further to this at the Strategic Policy and Resources Committee on 20 August 2010 further controls over travel by officers outside the United Kingdom and Republic of Ireland were agreed as follows:

1.      Where an officer is travelling with members, then the relevant committee must approve the travel

2.      Where an officer is not travelling with members, then the appropriate director and the Director of Finance and Resources must approve the travel

3.      In cases under 2 where the officer travelling is the Director of Finance and Resources or where the Director of Finance and Resources is not available, then the appropriate director and the Chief Executive must approve the travel

4.      In addition, in cases under 2 and 3, the relevant committee must also approve the travel, if in the judgement of the Director of Finance and Resources / the Chief Executive either:

a.   The cost of the event is likely to be questioned or

b.   Attending the event is potentially controversial or of interest to the media or the public.

      These controls along with the awarding of the travel contract to Knock Travel have led to further reductions in the cost of travel.

      The information for 2010/11 is now prepared for publication on the council’s website.

Key Issues

      The analysis of staff travel for the year 2010/2011 and the comparison with previous years is outlined below:

      Staff Travel Costs

*the cost of travel does not include the fees associated with attendance at training courses, seminars, conferences, etc.

      The cost of travel has reduced by £47,516 (30.25%) from the previous year and that the number of trips has reduced by 153 (26.84%) and the number of events by 99 (22.86%) over the same period.  The cost of travel is lower in 2010/2011 than in any of the previous years and represents 0.07% of council expenditure.

An analysis on the reasons for travel shows that the cost relating to employee training and development represents 43.25%. This is 2.22% higher than the previous year (41.03%).

      The categories of service/operational visits, research, study or best practice and professional networking will be published as ‘improving our services’. The cost relating to these activities was 24.71%. This is a reduction of 18.25%% on the previous year (42.96%).

      The percentage relating to Promoting Belfast represents 32.04% of the total spend. The previous year was  ...  view the full minutes text for item 15.

            The Committee granted authority for the commencement of tendering exercises and delegated authority to the Director of Property and Projects, in accordance with the Scheme of Delegation, to invite and approve the invitation of applications for inclusion on a Select List and the submission of tenders for the following:

(i)      the installation of external lighting at various Council properties at a cost of £95,000;

(ii)     the supply of low energy LED floodlighting for the City Hall in the sum of £90,000;

(iii)    the supply of electrical distribution equipment for St. George’s Market at a cost of £75,000;

(iv)    the refurbishment of the internal passenger lifts in the Cecil Ward Building, the cost of which would be £50,000;

(v)     mechanical building services projects at various Council properties in the sum of £80,000;

(vi)    the re-tiling of the wet changing area at the Avoniel Leisure Centre in the sum of £80,000; and

(vii)   the replacement of metal railings at the Ormeau Park at a cost of £35,000.

            The Committee was reminded that a proposal to install mercury abatement equipment at the Roselawn Crematorium had been included as a committed project in the Capital Programme for delivery in 2011/12.  The Director and Property and Projects reported that, at its meeting on 11th August, the Parks and Leisure Committee had considered a further report on the proposal, the main points of which were:

·         A recent review into the operation of the crematorium had highlighted a number of issues around the existing cremators and the Parks and Leisure Department had commissioned a further technical report;

·         That report had found that the cremators were not functioning as efficiently or effectively as would be expected, although the precise reason could not be determined.  It had concluded that the existing cremators could be kept operational for several years, albeit with a decreased level of efficiency, but they were nearing the end of their useful lives and it would be imprudent to attach mercury abatement equipment to those old cremators;

·         In line with the Council’s Gate’s process, an Economic Appraisal had been commissioned to establish a preferred option with regards to the proposal; and

·         The preferred option recommended by the Economic Appraisal was that the existing cremators should be replaced with new cremators incorporating inbuilt mercury abatement.

            He pointed out that the Parks and Leisure Committee had agreed to the recommendation and, from a service prospective, to proceed with the preferred option outlined and that that decision be commended to the Strategic Policy and Resources Committee for delivery by December, 2012.

            The Committee agreed, from a corporate finance perspective, to the recommendation from the Parks and Leisure Committee, to approve the advancement of three replacement cremators and a mercury abatement system, with a full commitment to invest, including the invitation of tenders, the award of contracts to the firms submitting the most economically advantageous tenders and to an application being made to the relevant Government Department for sanction to the raising of a loan of £1.5 million in respect of the project expenditure.

            The Committee adopted the minutes of the meeting of the Budget and Transformation Panel of 11th August.

            It was reported that, in accordance with Standing Order 55 and the authority delegated to him, the Director of Finance and Resources had authorised the appointment of an individual who was related to an existing officer of the Council.

            The Committee noted the contents of a report which provided an update in relation to the contract associated with the Connswater Community Greenway and authorised the continuing of negotiations and delegated the necessary authority to the Director of Property and Projects, in consultation with the Chief Executive and Director of Legal Services, to pursue the most advantageous option to ensure value-for-money and the expeditious completion of the project to the required design standards.

            The Committee was reminded that, at its meeting on 18th April, it had considered a request from Sustrans in relation to the potential for a Connect2 partnership project which would connect the Titanic Quarter with the Connswater and Comber Greenways via a new route through Bridge End Halt, Fraser Street and Sydenham Road.

            The Director of Property and Projects explained that the proposed project, with the opening of Fraser Street, would complement the planned work to the Bridge End Halt and improve connections to the Titanic Quarter from both the Connswater and Comber Greenways by enhancing the link from the station to the Holywood Arches area through a connection running along Island Street, across Dee Street and onto the Ballymacarrett Walkway.  The proposed connection would enhance the function of the Connswater Community Greenway and contribute to Titanic Quarter connectivity.  Accordingly, the Committee had agreed that the Council accept the Strategic Leadership role for the Connect2 Partnership Project with Sustrans, subject to details of the formal agreement and resource outline being reported to the Committee in due course.

            The Director reported that the bid for the Big Lottery/Sustrans funding report for the Connect2 Programme had been approved, subject to the Council, as lead partner, entering into a Memorandum of Understanding and match funding being made available from the project partners.  A copy of the draft Memorandum of Understanding had been circulated for the Members’ information.

            He explained that the proposed partners, that is, the Belfast Harbour Commissioners, the Department for Regional Development Roads Service and Translink, had committed to provide the match funding or carry out the related projects as part of the project delivery.  The project included also the identification of a

contribution from the Council of £24,750, which comprised eligible signage costs from initiatives either already carried out or identified as part of the heritage and tourism interpretative work for the Titanic Quarter.  No further funding would be required from the Council.

            The Director explained that the role of the Council as lead partner was set out in the Memorandum of Understanding and in effect would be to ensure the completion of three broad work packages which made up the overall project, that is:

(1)               the highway crossing and potential traffic calming between the Bridge End Halt and King’s Road;

(2)               the improvement around the Bridge End Halt; and

(3)               the re-opening of Fraser Street and the connection into the Titanic Quarter via the Sydenham Road.

            The proposal was for the majority of the works to be carried out by the identified partners, with the co-ordination and grant administration to be undertaken by the Council.  Under that proposed arrangement, the majority of the works would be carried out by the partner organisations where possible through the use of existing contracts.  Where existing contracts could not be utilised, the Council might be required to procure and develop the proposed activity in partnership with the identified partner and on the basis of the agreed contributions. 

            The  ...  view the full minutes text for item 23.

            The Committee considered the undernoted report:

“1       Purpose

1.1    To update Committee on the North Foreshore project, and to seek approval for subsequent actions.

2       Relevant Background Information

         The North Foreshore is a former waste landfill site owned and operated by Belfast City Council. The site comprising c10 million tons of waste was closed to dumping in 2007, and will remain a major environmental liability due to the nature of the material deposited at the North Foreshore.

         To manage the environmental liability, a number of ongoing after care measures comprising site capping and installation of a methane gas abstraction system are being implemented. There will be continual monitoring and assessment of the differential settlement, leachate and methane gas as the physical nature of the landfill changes over time.

         An Environmental Risk Assessment, (ERA), Environmental Management Plan and Master Plan have been completed for the entire site to identify the most suitable land uses that could be developed on a former waste landfill site. The focus is on open space for recreation, the bio-economy to promote environmental business clustering, and resource management as well as continued waste management contracts.  The Directors Workshop in October 2010 agreed that the regeneration theme for the site should focus on quality of life, environment and the bio-economy. This was endorsed by the North Foreshore Political Steering Group in December 2010.

         The first phase of development has taken place at the North Foreshore site.

·         Council’s Waste Transfer Station completed 2007.

·         NIE Sub Station completed 2009.

·         Landfill gas electricity generation power plant to produce renewable energy operational in September 2009

·         Arc21 is preparing a planning application for an in-vessel composting facility.

·         A potential site for a mechanical biological treatment (MBT) plant has been identified to arc21, and the Council is waiting the outcome of the arc21 procurement exercise.

         A Bio economy business case has been commissioned to assess the demand from the emerging sector and recommend a regeneration model to deliver the project.

         A North Foreshore political steering group has been established to drive and direct the development of the overall site via an oversight board of the Corporate Management Team (CMT). 

         Expression of Interest for Commercial Sport / Recreation Development Proposals

         At the North Foreshore Political Steering Group meeting on the 16th December 2010 and the SP&R Committee Meeting on 21st January 2011 the members were briefed on the interest from Crusaders/Newington, and a third Party to develop a Leisure Complex. The Members were keen to explore these proposals further. 

         A public advertisement appeared in the newspapers on the 4th March 2011 inviting expressions of interest for Commercial Sports / Recreation uses for site one comprising up to 23 acres. The closing date for submissions of expression of interest forms was the 24th March 2011.

         Two submissions for commercial sport / recreation use were received prior to the closing date.

·         Innovative Leisure Systems Limited – Mr S Curran

·         China Sun Asia Pacific Ltd HK, JC Crusader FC / Newington FC – Mr  ...  view the full minutes text for item 24.

            The Director of Property and Projects submitted for the Committee’s consideration the undernoted report:

“Relevant background information

      At its meeting of 4th November 2009 Health & Environmental Services Committee declared Clara Street Civic Amenity Site surplus and agreed to its appropriation to the Strategic Policy and Resources Committee to be managed as part of the Corporate Landbank by the Estates Management Unit with a view to placing the premises on the market following a Planning Assessment. This appropriation was noted at the Strategic Policy and Resources Committee held on 5th March 2010.

      At its meeting on 24th September 2010 the Strategic Policy and Resources Committee agreed to declare the former Civic Amenity site at Clara Street surplus to the requirements of the Council and to place it for sale on the open market, following which a further report would be taken to the Strategic Policy and Resources Committee for approval to the terms of any disposal.

      The Planning Assessment confirmed the likely redevelopment of this former Civic Amenity site for residential use and following consultations with Planning Service as to nature and density of any such redevelopment the Assessment concluded a density of 25-35 three bedroom residential units as appropriate on the 1.106 acre site.

      The site (location map attached at Appendix 1) has been on the market with Campbell Cairns since February 2011.  Four agents were initially asked at end of 2010 to provide an indication of their opinion of value (values ranged from £450,000 to £675,000) Following the various Committee decisions and on the basis of a Planning Assessment the former Civic Amenity site at Clara Street was placed on the open market for sale with a guide price of £600,000.

      Despite extensive marketing of the site from the beginning of the year there has been limited interest with only two parties making offers over the marketing period.  Towards the end of July 2011 both parties were requested to make their best and final offers to purchase by Thursday 4 August.

      The highest offer of £522,000 for the subject site has been made by a building maintenance operator.  The next highest offer received, from a registered housing association, was £520,000. 

      The marketing agents, Campbell Cairns, have confirmed that they would be content to recommend acceptance of the £522,000 offer should the Council wish to dispose of the site at this time. 

Key Issues

·         Following the request for best and final offers the highest offer for the 1.106 acre site is £522,000, which the marketing agents can recommend for acceptance.

·         The commercial operator runs a building repair and outdoor maintenance business and proposes to utilise this former Civic Amenity site as a maintenance depot in which to base their Belfast operations and until such time as planning is secured for future housing redevelopment.

·         The housing association have undertaken their own Planning Assessment and Preliminary Risk Assessment report (ground contamination) and concluded that the subject site is suitable for redevelopment with 16-18 residential units which is well below  ...  view the full minutes text for item 24a

            The Committee considered the undernoted report:

“Relevant background information

      At its meeting of 21st January 2011, and following the request of Council at its meeting of 5th January 2011, the Strategic Policy & Resources Committee reaffirmed its previous decision of 10th December 2010 to market the lands at McClure Street free of restrictions as to future use and on the basis that any disposal would be time bound.  A location map is enclosed at Appendix 1. 

      It was also agreed that a further report would be brought back to a future meeting of the Strategic Policy & Resources Committee to advise on the marketing price together with any DSD requirements in release of the restrictive covenant.  Prior to these reports, Council officers had commissioned a planning assessment for the site and had also met with Planning Service regarding the potential future uses in planning terms. 

      The Strategic Policy & Resources Committee reports of 10th December 2010 and 21 January 2011 (enclosed at Appendices 2 & 3) set out the various options in dealing with the disposal and future development of this land.   One of the key issues highlighted was the legislative requirement under the Local Government Act (NI) 1972 to obtain best price or otherwise best terms in the disposal of land; otherwise DOE approval is required.  Further, that imposing restrictions on the future use of the land when marketing could restrict the value and potentially not comply therefore with the best price legislation requirements.  In order to demonstrate that best price is being obtained and to not leave the open to challenge, Members were advised that the land should be openly marketed and interested parties could bid accordingly.

      This report also emphasised that the key issue affecting the future use of this land is its planning designation.  In dBMAP the site is zoned as open space and the planning policy document PPS8 incorporates a presumption against the loss of open space but it also provides an exception where ‘it is clearly shown that the redevelopment will bring substantial community benefits that decisively outweigh the loss of open space’.  The advice therefore from both the planning consultants and from Planning Service is that any proposed development would have to bring substantial community benefit to outweigh the loss of open space.   The view of the consultants is that the provision of say social housing or some other community type facility could deliver such benefits.  On the basis of both their advice and following discussions with Planning Service it was considered that the test of ‘substantial community benefit’ is unlikely to be met by the provision of private housing.   If a planning application was to be submitted for social housing or other type of development of a community nature it would have to be considered on the basis of this exceptions test in terms of the substantial community benefits it would bring.

      The recommended option, as approved by the Strategic Policy & Resources Committee, to advertise for sale on the open market, free of  ...  view the full minutes text for item 25.

            In accordance with Standing Order 60, the Committee was advised that the Parks and Leisure Committee, at its meeting on 11th August, had approved the grant of an Easement to A and M Campbell to allow for the installation, future operation and maintenance of a 150 millimetre diameter foul sewer pipe at the City of Belfast Golf Course, Mallusk. 

            The Committee approved the grant of the Easement and noted that the Council would receive 50% of the savings made by the developer as a result of its use of Council-owned land.

            The Director of Property and Projects submitted for the Committee’s consideration the following report:

“1      Relevant Background Information

1.1    St George’s Market has six retail units on the ground floor and a first floor restaurant. Currently all of the units are let. Unit 1 is let to Liam Conlon as a fish and chip shop, Unit 2 as a Mace store, Unit 3 is Bean coffee shop, Unit 4 Subway, Unit 5 is Javaman Coffee Shop and Lemon Grove Mediterranean  Takeaway food, Unit 6 is Fullarton Pharmacy. The rental income from the units is £95,675 per annum with a further service charge income of £9567.50 and rates payable of £40,055 06.

         Members will be aware that after the refurbishment of the market over ten years ago difficulties were experienced in both attracting and keeping suitable tenants for the units. A period of stability has occurred over the last couple of years and the Markets Unit in Development department have worked closely with the tenants throughout the current difficult trading period.

         A proposal has been received from Liam Conlon of Unit 1 to change the use of part of his unit to sell bakery products/coffee shop. Two thirds of the unit will remain as a traditional fish & chip shop with part of the unit retailing bakery products, breakfast rolls, sandwiches, tea and coffee with provision for both sitting in and take away.

2    Key Issues

2.1Currently units 2-5 all sell tea & coffee, sandwiches, rolls, pastries to varying degrees. Units 3-5 all cater specifically for the tea and coffee sit in and takeaway lunchtime market; they are also open to serve customers on their way to work.

      The proposal from Liam Conlon is to catch the breakfast trade and to open earlier than the other units at 7.00am. The fish & chip shop opens mid morning. The permitted use in the lease is for a fish and chip shop only. The lease further requires that the premises are used as a single retail shop only. The User clause further permits Belfast City Council as landlord to withhold its consent for a change of use if the proposed user of the premises would or might conflict with the authorised user of any other premises in the Market Building or would be prohibited by reason of any understanding or undertaking whether written or oral entered into by the landlord.

      Liam Conlon is also proposing to enter into a franchise agreement with Asher’s Baking Company to supply the bakery products, operating system and trademarks for the business. Mr Conlon’s lease does not permit him to assign, underlet, charge, hold on trust for another to part with or share possession or occupation of part only of the premises.

      Legal Services have confirmed that amendments to the existing lease can be made to accommodate the proposal, subject to agreement between the parties and from members. The main issue to be resolved at this stage is whether or not members consider that the addition of a small  ...  view the full minutes text for item 27.

            The Committee was reminded that, at its meeting on 19th February, 2010, it had approved the progression of a Waste Heat Utilisation Scheme at the Duncrue Industrial Estate.  The scheme was an invest to save project which would be included in the Council’s efficiency programme.  The tendering process for this was currently underway.

            The Director of Property and Projects reported that currently the heat created by the landfill gas generators at the North Foreshore was lost to the atmosphere.  With some initial capital investment that heat could be captured and then used to provide heat to nearby locations such as the Duncrue Complex.  The aim of the scheme was to reduce the Council’s utility costs and carbon emissions.  To facilitate the installation of the required pipework for the scheme, an easement over a plot of land leased by way of a long lease from the Council to Louisville Properties Limited was required.  The land was located between the Council occupied Duncrue Complex and the North Foreshore site.  There would be no cost to the Council for the Easement.

            In accordance with Standing Order 60, the Committee approved the grant of an Easement acquisition from Louisville Properties Limited to the Council, subject to the incorporation of appropriate legal agreement to be prepared by the Legal Services Section.

            The Committee considered the undernoted report:

“1     Relevant Background Information

1.1    BELB have recently declared three properties at BelfastSchool of Music surplus to their requirements. Two of these properties are located on Donegall Pass and the third property, known as the Porter’s Annex Building, is located on Apsley Street (off Donegall Street) This Porter’s Annex building directly adjoins Council land at Reverend Robert Bradford Memorial Park. Donegall Pass Community Centre (Council owned) also adjoins the park.

1.2    Prior to disposal to the private sector, expressions of interest were sought by Land & Property Services from public sector bodies who may be interested in acquiring the premises. An indicative value of £160,000 has been placed on the Porter’s Annex building by LPS.

1.3    The Reverend RobertBradford Memorial Park site is relatively small in size with limited scope for development of any facilities.  A multi use games area type facility had previously been proposed for inclusion in the Capital Programme but this did not advance. This is one of the few ‘green’ spaces in this area.

2       Key Issues

·         A former School of Music property at Apsley Street (off Donegall Pass) has been declared surplus by BELB. It adjoins the Council’s land at Reverend Robert Bradford Memorial Park.

·         Due to its small size the park has limited opportunity to potentially develop any kick about area or a multi use games area type facility (should funding be available)

·         There is currently no proposal in the Capital Programme to develop the park facility and no identified funding at the current time to develop. . However, if the property was purchased now it could be held in the Corporate Landbank pending funding becoming available at some later stage to further develop the park facility, which would include demolition of the subject property. In the interim a temporary use of the building could be sought either for a suitably identified Council requirement or a short term letting.

·         Land and Property Services require confirmation from the Council by 22 August that they wish to proceed. This confirmation will not bind the Council as such but is to confirm to LPS that the Council (in accordance with public sector transfer rules) have a requirement to acquire the property, the public interest for acquisition and funding is available to purchase etc. Any acquisition would be subject to the usual due diligence in terms of title, condition, site contamination and valuation issues.

·         Further initial feasibility could be undertaken by Council officers around future potential options for development and viability.  

3       Resource Implications

3.1    Financial

         An initial valuation of £160,000 has been placed on the property by LPS. If a decision is made to progress with the purchase Council officers will undertake appropriate checks in terms of title, condition or other matters that may impact on the value, as well as initial feasibility work as to potential scope for redevelopment as part of the adjoining park. 

         The Director of Finance & Resources has indicated that funding for acquisition could  ...  view the full minutes text for item 28a

            The Committee was advised the Parks and Leisure Committee, at its meeting on 11th August, had considered a report on the proposed disposal of land at Belmont Park.  That Committee had approved of the disposal, which was aimed at resolving some practical issues associated with the relative level of lands within and immediately outside the house site.  The proposed disposal was for an additional 41 square metres, in the sum of £2,500, and was in addition to an area of approximately 82 square metres which had previously been disposed to the owner of 67 Schomberg Avenue.

            The Committee approved the disposal of land.

            The Director of Property and Projects submitted for the Committee’s consideration a report which provided details in relation to the theft of the Union Flag from the City Hall on 11th July.  The report outlined the circumstances surrounding the theft, the response of the security unit and the short and medium-term actions which were being implemented to improve processes, systems and procedures in order to prevent a re-occurrence.

            The Committee noted the information which had been provided and that a further report setting out the cost of options and proposals for the improvement of the current systems would be submitted to the Committee in due course.

            The Committee was reminded that, at its meeting on 15th April, it had agreed that, in future, any request to hold exhibitions in the East Entrance be submitted in the first instance to the Strategic Policy and Resources Committee for consideration.

            The Director of Property and Projects reported that the following requests had been received:

(1)  Reunification of Italy – 150 year anniversary

      A request had been received from the Northern Ireland branch of the Lucchesi nel Mondo Association seeking authority to hold an exhibition celebrating the 150th anniversary of the unification of Italy.  The Association had been founded in 1968 and there were now 85 branches throughout the world.  The Northern Ireland branch had been established in Belfast on 8th May, 2005.  Its members consisted of Italians who had settled in Northern

      Ireland and people from Northern Ireland who had an interest in Italy.  The aim of the Association was to promote cultural links between Italy and other countries.  The exhibition, which contained a mixture of photographs, images and script, had been prepared by the region of Tuscany and focused on key events in Tuscany at the time of the reunification of Italy in 1861.

      The exhibition was currently touring a number of European cities and the Association members in Belfast were keen to hold it in the City as it would help to promote the cultural links between the two countries and would assist also with other Italian cultural events, for example, the La Scala film theatre was being approached about coming to the city.  The exhibition consisted of 20 pop-up panels and would be in place in the East Entrance from 21st November till 16th December, 2011.

(2)               Belfast and Cork Maritime Painting Exhibition

A request had been received on behalf of the Belfast Harbour Commissioner and the Crawford Municipal Gallery in Cork to stage a maritime themed painting exhibition in the City Hall for a four-week period in April, 2012.  The exhibition would include a representative selection of paintings from the Port of Cork and the Belfast Harbour collections from the period 1700 – 2000.  The paintings on display would be available for viewing purposes only and would not be for sale.  The collection would contain some paintings featuring the Titanic and it was felt hosting the exhibition in the City Hall in April, 2012 would link with other planned Titanic 2012 events. 

(3)               ‘Belfast Now’ film exhibition

The DoubleBand film company had submitted a request to host a film exhibition called ‘Belfast Now’ in the City Hall.  ‘Belfast Now’ was a cultural and creative project which was being developed in partnership with Channel 4 and the Belfast Festival at Queens.  The aim of the exhibition was to ‘reflect the changing face of Belfast and to promote a dynamic, inclusive and forward-looking vision of the city’.  There were two main aspects to the project:

·         to have two short films produced by local film maker Dervla Quigley and the photographer Adam  ...  view the full minutes text for item 31.

            The Committee approved the minutes of the meeting of the Good Relations Partnership of 8th August and adopted the recommendations in respect of the following:

            Composition of the Good Relations Partnership

            That the composition of the Good Relations Partnership be reviewed and that the current representation of the Protestant churches continue until that review had been completed.

            Diversity Champions in Local Government

            To approve a nomination of the Partnership’s Chairman, Councillor Hendron, to the Local Government Staff Commission’s Equality and Diversity Group.

            Sandy Row Artwork

            To approve the allocation of funding in relation to the re-imaging of the Blythe Street mural at a cost of not more than £5,000.

            BelfastMela 2011 – Request for Funding

            To provide funding of up to £3,000 to the ArtsEkta organisation for the outreach elements of the Belfast Mela 2011 programme.

            Forums for Cities in Transition

            To approve the support for a Call to Action document which set out basic principles aimed at promoting understanding between member cities, with the aim of encouraging mutual learning, dialogue and resolution of conflict through non-violent methods.

            Goods Relations Reception and Networking Event

            To approve the holding of a Good Relations networking event in the City Hall at a cost of approximately £2,000, 75% of which could be reclaimed from the Office of the First Minister and Deputy First Minster through the Council’s Good Relations Programme.

            The Good Relations Manager reminded the Members that meetings of the Historic Centenaries Working Group had been held in February and March but that the meetings had ceased due to the holding of the Local Government Elections.  The Working Group had been reconstituted by the Committee in June and a meeting had been arranged for 10th August.  However, the meeting had not been able to proceed as only one Member had been in attendance.  She indicated that the Group had agreed a number of draft principles which might be used in the selection of events to be marked and some themes and methods which might be used to mark various centenaries.  A number of outside organisations were seeking to meet with the Group to discuss how their events might be marked but this had not been able to be progressed until the Group reconvened its meetings and ratified the aforementioned criteria.  She indicated that the next meeting was scheduled to be held on Tuesday, 6th September and she urged the Members to be in attendance in order to progress the various events which were to be marked.

                                                                                                                                    Noted.

            (Mrs. S. Wylie, Director of Health and Environmental Services, and Mr. S. Skimin, Head of Cleansing Services, attended in connection with this item.)

            The Committee considered the undernoted report:

“1.      Relevant Background Information

1.1    The Committee received a report on 10 December 2010 regarding issues around winter maintenance in prolonged spells of extreme weather.  Members will recall the considerable difficulties experienced by the citizens of Belfast during December 2010 and January 2011.  At that

time Members tasked officers to enter into further discussions with the Department of Regional Development, Roads Service, on a number of points, namely;

·         The potential of identifying ‘hot spot’ sites across the city which need to be gritted to allow access to essential public services.

·         The potential of the gritting of some side streets to enable essential operational services, such as refuse collection, to be maintained.

·         The potential of making grit/salt available to members of the public to allow local communities to help themselves via local action. 

·         Reviewing the list of city centre streets within the current agreement to assess if they are sufficient in periods of prolonged severe weather.

2       Key Issues

2.1    The Director of Health and Environmental Services and the Head of Cleansing Services met with the DRD Roads Service to discuss the above issues.  The Head of Cleansing Services also liaised internally with other relevant Council services regarding any issues pertinent to them in relation to winter maintenance.   The outcomes of discussions with the DRD Roads Service in relation to the specific issues are outlined below. In considering these outcomes it should be noted that in all cases:-

the DRD Roads Service will be the arbiter regarding the supply of salt and/or grit, taking into account (1) salt/grit stock levels, (2) severity and duration of the conditions, (3) the rate of replenishment of salt stock and  (4) an agreed schedule of roads.

         Outcome of Discussions with the DRD Road Service

2.2    The potential of identifying ‘hot spot’ sites across the city which need to be gritted to allow access to essential public services

The DRD Roads Service will not undertake gritting of footways and their gritting programme will continue to concentrate on maintaining passage and safety on the major roads network. Council officers have,

however, put forward a proposal for Council staff (Cleansing Services and Parks) to undertake gritting of footways in ‘hot spot’ locations across the city in severe and prolonged weather conditions.  In essence, these locations consist of the immediate footway areas close to doctors’ surgeries, post offices, schools and fold type locations; in addition, medium sized shopping areas will also be included.  The DRD Roads Service is satisfied with this approach, but this is dependant upon the submission of an agreed schedule, detailing all locations proposed for treatment.  The DRD Roads Service will provide salt/grit for this purpose within the criteria outlined above.

         The potential of the gritting of some side streets to enable essential operational services such as refuse collection to be maintained.

·         It is unlikely  ...  view the full minutes text for item 35.

            The Committee noted the contents of a report which provided details on a number of Freedom of Information requests and the subsequent press coverage.  It was agreed that the issue of the disseminating of information and the Council’s communication approach be considered in the first instance by the Budget and Transformation Panel.