Agenda and minutes

            Apologies for inability to attend were reported from the Chairman (Councillor D. Dodds) and Councillors M. Browne and Newton.

            The minutes of the meetings of 14th and 21st November were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council at its meeting on 1st December.

            The Committee considered the undernoted report which provided an update in relation to the review of public administration:

“1.0       Relevant Background Information

1.1       The Review of Public Administration (RPA) process is now entering into the critical stage of implementation whereby primary legislation is being drafted, implementation structures established and active consideration being given to the transitional arrangements to be put in place to support local government reform within Northern Ireland.

2.0       Key Issues

2.1       Members will accept that the challenge ahead cannot be underestimated and ensuring that the Council is engaged within the process is paramount to ensuring that the best interests of the citizen, the Council and wider local government sector is pursued throughout the process.

            RPA Implementation Structures

2.2       Update on Policy Development Panels

2.2.1    Members will note that is intended that the initial proposals emerging from the three Policy Development Panels in regard to the necessary Primary (enabling) Legislation will be submitted for the consideration of the NI Assembly in early 2009 and will subsequently be issued for formal consultation (3 months period).

2.3       Regional Transition Coordinating Group 

2.3.1    The Regional Transitional Coordinating Group (RTCG) has been established and held its inaugural meeting on Tuesday 25th November 2008.  The Group is chaired by Paul Simpson, Deputy Secretary of the DoE with the Chief Executive of Belfast City Council as Vice Chair with membership comprising of senior officers from local government and transferring Departments.

2.3.2    The Group will provide the essential interface between the strategic policy direction set by the Strategic Leadership Board and its Policy Development Panels, and the local policy set by the Transition Committees and their operational delivery teams (the Transition Management Teams).  It will oversee the management and integration of the implementation stage of the local government reform programme.

2.3.4    Initial areas for action proposed by the RTCG was the need for clarity around the detail of the transferring functions and associated resources; the importance of establishing a ‘Transfer of Functions Working Group’ to consider the details around transfer; the establishment of a Local Government HR Coordinating Group (comprising officers from local government, the Local Government Staff Commission, transferor bodies and Trade Unions) who would advise on regional human resource and staff transfer implementation issues.

2.4       Belfast City Council’s Transition Committee

2.4.1    The Committee agreed, at its meeting on the 14th November 2008, that the Council be recommended to appoint the Members of the Strategic Policy and Resources Committee as the Council’s RPA Transition Committee, the additional meeting of the Committee be used for the meetings of the Transition Committee and that a letter be forwarded to the Minister with responsibility for the Department of the Environment on this basis.  This had been ratified by Council at its meeting on 1st December, 2008.

2.4.2    Subsequently, the Chief Executive has written to the Environment Minister and relevant central government officials outlining the Council’s position in regards to the proposal that the Strategic Policy and Resources Committee be designated as the Council’s RPA Transitional  ...  view the full minutes text for item 2a

            The Committee agreed to defer until its meeting in January consideration of a report in relation of the extension of the current Council term.

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

            The Committee adopted the recommendations.

            The Committee was advised that the National Association of Councillors would be holding a conference in York from 16th till 18th January, 2009.  The theme of the conference was “Tackling Violent Crime and Disorder – Delivering Safer Communities” and would focus on a range of issues faced by local communities which were blighted by criminal and anti-social behaviour and the measures which would need to be put in place to deal effectively with these problems.

            It was recommended that the Committee authorise the attendance at the Crime and Disorder Conference of the Chairman, the Deputy Chairman, the Council’s representatives on the National Association of Councillors, Northern Ireland Region, the Head of Committee and Members’ Services (or their nominees) and a representative of the Party Groupings on the Council not represented by the aforementioned Members.

            The Committee adopted the recommendation.

            The Head of Committee and Members’ Services reported that correspondence had been received from the Northern Ireland Local Government Association advising that its Annual Conference and Local Government Awards would be held in the Armagh City Hotel on 26th and 27th February, 2009.  The theme of the Conference was “Serving Citizens – Leading Change” and it would focus on the practical implementation of the Review of Public Administration.

            The Committee authorised the attendance at the conference of the Chairman, the Deputy Chairman, the Council’s representatives on the Northern Ireland Local Government Association, the Chief Executive and the Head of Committee and Members’ Services (or their nominees.)

            The Committee approved and adopted the minutes of the meeting of the Audit Panel which had been held on 8th December.

            The Director of Corporate Services reminded the Committee that, at its meeting on 21st November, he had reported that the forecasted year end outturn for the Council was showing an overspend of approximately £850,000.  The Committee had agreed that a report recommending specific actions to be taken to address the potential year end overspend be submitted for its consideration at the December meeting.

            The Director reported that a cross-Departmental taskforce had been established to tackle the issue of the potential overspend and a number of cost-cutting measures had been identified, including reductions in overtime and agency costs and the delaying of the recruitment of a number of back-office posts.  In total, savings of approximately £550,000 had been identified, which would have the effect of reducing the overspend at year end to approximately £300,000.

            The Director pointed out that the current volatile economic conditions, which impacted on both income and expenditure for the Council, could result in the forecast changing over the forthcoming months and might require further cost cutting measures to be implemented.  Continuous monitoring of the financial situation would be undertaken, with a further report being provided to the Committee in January.

            The Committee noted the current financial position and endorsed the actions which had been taken to address the current overspend.

            (The Acting Head of Corporate Services Directorate attended in connection with this item.)

            The Committee was advised that a request for financial assistance had been received from the City of Belfast Youth Orchestra in relation to a tour of Italy and Slovenia which would take place in July, 2009.  The cost of the tour was estimated at £118,000 and, while members of the orchestra would be paying the majority of the expenses, sponsorship from third parties was being sought.

            A legal opinion had been sought and the Council could, if it so wished, use Section 115 of the Local Government Act (Northern Ireland) 1972 to make financial contributions of this nature.  The Committee had made similar donations to the City of Belfast Youth Orchestra in the past and most recently for its participation in the Festival of Youth Orchestras in Spain during July, 2007.  Accordingly, it was recommended that funding in the sum of £5,000 be awarded to the City of Belfast Youth Orchestra for this purpose.

            The Committee adopted the recommendation and

      Resolved – That expenditure of £5,000 in respect of the aforementioned tour be approved under Section 115 of the Local Government Act (Northern Ireland) 1972, it being the opinion of the Committee that the expenditure would be in the interest of, and would bring direct benefit to, the District and the inhabitants of the District, with the Committee being satisfied that the direct benefit so accruing would be commensurate with the payment to be made.

            The Committee considered the undernoted report:

“Relevant Background Information

      Members will recall that the Strategic Policy and Resources Committee met on 17 October 2008 to discuss a number of rates issues. The purpose of this report is to update Members on a number of developments which have occurred since the October meeting.

Key Issues

      The Comptroller and Auditor General (C&AG) for Northern Ireland has issued his audit report on the Statement of Rate Levy and Collection 2006/07. This covers all rate assessments billed and cash collections from ratepayers. In his report the C&AG stated that he could not give any assurance to the Assembly on the assessment and collection of rates for 2006/07 due to significant system control problems which arose following the introduction of a new IT system. His report highlighted numerous problems in relation to checking the accuracy of the figures in the accounts and control failures that impacted on LPS’s performance in administering and collecting rates.

      Following the issue of the C&AG report, the Assembly’s Public Accounts Committee has released its response to the report. The report, ‘examines the reasons for the financial and operational difficulties that have overwhelmed Land and Property Services in its assessment, administration and collection of rates.’[1]

      Members should note in particular that the Public Accounts Committee has made recommendations in relation to vacant properties, the accuracy of penny product information and the collection of arrears. These are the same issues which were brought to Members attention at the Strategic Policy and Resources Committee in October. The key recommendation made by the PAC is ‘The Committee recommends that revenue forgone and additional costs of collection as a result of the problems with the new system will not be passed on to Councils. The Committee would like an assurance of this from DFP.’

      In relation to this recommendation, the council has been informed that LPS intend to write-off £10m of debt in 2009/10. This is likely to result in losses for Belfast in the region of £2.5m in 2009/10. Also, indications are that increases in the cost of collection for 2009/10 will be more than 20%. It is recommended that the council write to the Minister to seek assurances that the increase in cost of collection and debt write-offs are not being passed on to the council in the context of the PAC recommendation.

      Members should also be aware that NILGA has issued a press release in relation to rates issues. The President of NILGA has written to the Minister calling on him to implement the recommendation of PAC that ‘revenue forgone and additional costs of collection as a result of problems with new systems will not be passed on to Councils’. It is recommended that the Council supports NILGA on this issue.

      A worrying development for the Council is that a number of high value non-domestic properties are being re-valued. This may lead to a further reduction in rates income which could be backdated for a number of  ...  view the full minutes text for item 4d

            It was reported that, in accordance with Standing Order 55 and the authority delegated to him, the Director of Corporate Services had authorised the appointment of a number persons who were related to existing officers of the Council.

            The Committee noted the appointments.

            (The Head of Facilities Management attended in connection with this item.)

“Relevant background information

      At its meeting of 24th October 2008 the Committee authorised the invitation of quotations in respect of the operation of a proposed coffee-shop facility in the City Hall.

      Quotations were invited and briefings conducted with respondents in terms of the scale and scope of the proposed facility and the constraints imposed in respect of menus and opening hours etc. Quotations were invited on the basis of (a) the operation of the coffee-shop facility only, and (b) on the basis of the operation of both the coffee-shop and giftware sales. The resulting contract, if any, would run for 1 year with an optional further year at the Council’s discretion.

      A total of 3 quotations have been received, as follows:-

Mount Charles Catering Ltd:  management fee (i.e. the Council to pay the caterer) of £7,500 pa (rising to £7,725 in year 2) in respect of the coffee-shop and giftware franchise;

Posh Nosh:                                management fee of £12,000 pa for the coffee-shop facility only. No quote for optional 2nd year, and no quote for giftware option; and

Castle Catering:                        franchise fee (i.e. the caterer pays the Council) £11,100 for the coffee-shop option only in Year 1 or £15,100 for the combined coffee-shop and giftware option, rising to £12,100 in Year 2 for the coffee-shop option or £18,100 for the combined coffee-shop & giftware option.

      As can be seen from the above, the only respondent offering to pay the Council for the franchise opportunity is Castle Catering, which also operates the catering franchises in a number of other Council properties, notably Belfast Castle, Malone House and the new Stables restaurant.

      Members should be aware that the initial fit-out costs for the area (including the supply of necessary kitchen equipment etc) is estimated to be in the region of £40,000, and this is not recoverable from the franchisee.

      It has also been proposed that the coffee-shop area be ‘themed’ (one option being the replication of the Café Parisien or Veranda Café originally found on the first-class deck of the Titanic) in order to link better with the enhanced tours of the building agreed by the Committee in November 2008.

      Additional costs (estimated to be a further £40,000) will be associated with this work which again is not recoverable from the franchisee.

      It should also be noted that, as the franchise is a commercial opportunity, no staff or Member discounts would be available under any of the bids made.

Key Issues

      The key issues are therefore as follows:-

·         does the Committee wish to proceed with the coffee?shop option;

·         does the Committee wish to franchise only the operation of the coffee-shop facility or should the giftware option also be made available (although managed and quality?assured by the Facilities Manager); and

·         does the Committee wish to incur the additional cost of theming the coffee-shop area and, if so, is the Titanic option acceptable or should other options be pursued?

Resources Implications

      Financial

      The total cost of fit-out and theming is  ...  view the full minutes text for item 6a

            In accordance with Standing Order 60, the Committee was notified that the Parks and Leisure Committee, at its meeting on 9th October, had agreed to the disposal of an area of approximately 0.46 acres of land at the City of Belfast playing fields.  It was reported that a figure of £16,500 had been agreed between the Estates Manager and the Land and Property Services Agency, acting on behalf of the Roads Service, for this disposal.

            The Committee was reminded that in 1987 the Queen’s University of Belfast had granted the Council a 99 year lease for approximately 36 acres of land at Upper Malone on which the Mary Peters Track was located.  At that time, the University had provided the land free of charge to the Council (subject to the payment of a nominal rent of £1 per annum) but with the provision that the property would be available for use free of charge by students and staff of the University.  The Committee was advised that, by way of a supplemental lease dated 4th April 1995, an additional small area of approximately 0.168 acres had been incorporated into the site on the same terms and conditions as those contained in the 1987 lease.

            The Director of Improvement stated that a recent examination of the Council’s title to the land had revealed that an additional small portion of land measuring some 31.27 square metres should have been acquired from the Queen’s University of Belfast to provide further frontage land at the main access point to the facilities from Old Coach Road.  It would appear that this portion of land had been unintentionally omitted from the 1987 lease and it was proposed to acquire it from the University by way of a further supplemental lease on the same terms as the 1987 lease.

      Resolved – That the Committee approves of the acquisition of a small portion of land measuring 31.27 square metres at the entrance to the Mary Peters Track from the Queen’s University of Belfast by way of a supplemental lease, at no cost to the Council, on the same terms as the original 1987 lease, subject to the preparation and completion of the appropriate legal documentation.

            (The Good Relations Manager attended in connection with these items.)

            The Committee approved the minutes of the Good Relations Partnership of 5th December and approved the process for the commissioning of projects and the procuring of goods and services under the Peace III Plan.

            The Committee was reminded that, at its meeting on 14th November, it had agreed that during the closure of the City Hall the Council should take the opportunity to rationalise and improve upon the experience offered to visitors undertaking organised tours of the building and, at the same time, work towards achieving a fully balanced and inclusive display of artefacts and other memorabilia.  The Good Relations Manager stated that the Committee had agreed that the six Elected Members representing the Party Groupings on the Good Relations Partnership should act as a cross-Party Reference Group in any future discussions regarding City Hall memorabilia.

            She reported that those six Members had met on 5th December to discuss how best to ensure that the future displays at the City Hall were more representative of the history and population of the City.  The Group had decided that the most appropriate way forward would be for an article to be included in the City Matters magazine and for information to be placed on the Council’s website inviting suggestions from residents of the City as to what should be displayed in the City Hall.  Following an analysis of the responses received, it might be necessary to commission a further study.

            The Good Relations Manager reported that it was intended that any such study in this regard would require to be completed in a timely manner so that any recommendations could be acted upon in time for the re-opening of the City Hall in the summer of 2009.

            Following discussion, the Committee adopted the approach outlined above with regard to the review of memorabilia in the City Hall.

            The Committee considered the undernoted report:

“Purpose of the Report

      To provide supplemental advice to the Committee in relation to how the Council might undertake a campaign in support of the provision of a new regional hospital for children and women on the site of the Royal Group of Hospitals.

Relevant Background Information

      The Committee, at its meeting of 21 November, considered a report submitted by the Director of Legal Services in relation to the question of support for the proposed new regional hospital for children and women.  Following a suggestion by a Member that the Council should incur expenditure of an appropriate amount in relation to mounting its own campaign in support of the proposed hospital, and following the contribution of a number of other Members to the discussion, the Director of Legal Services pointed out that any proposal of such a nature could lawfully be implemented by the Council pursuant to the special expenditure powers set out in Section 115 of the Local Government Act (NI) 1972.  However, he also pointed out that this would be in the context of cross party support for the proposal and he noted that the advice from Counsel had referred to the restriction in the 1972 Act which precludes the use of Section 115 for ‘party political publicity campaigns’. 

Key Issues

      It would appear from the general thrust of the discussion at the meeting of the Committee on 21 November, and from a number of subsequent discussions with various individual Members, that a certain amount of support exists across the parties for the proposal to mount some form of campaign in support of the proposed hospital.  However, that support does appear to be qualified to the extent that any expenditure to be incurred should be of a reasonably modest nature and on the basis that any resolution by the Council in support of the proposal should attract support on a cross party basis.

      If Members are minded to support a cross party resolution that the Council should incur expenditure of a reasonably modest nature in pursuance of a campaign to support the provision of a new regional hospital for women and children on the site of the Royal Group of Hospitals, then such a proposal is legally tenable subject to the following

1.   the resolution attracts cross party support

2.   the Council agrees the level of expenditure to be incurred, which it is suggested might be in the region of £15-20,000

3.   the resolution to incur that expenditure be on the basis that, in accordance with the provisions of Section 115 of the Local Government Act (NI) 1972, the Council considers that the expenditure shall be in the interests of, and will bring direct benefit to the Council, its district, and the inhabitants of its district – and that the expenditure to be incurred is considered to be commensurate with the direct benefit to be so achieved.

      If the Committee is desirous of proceeding on this basis, and passes a resolution  ...  view the full minutes text for item 8a

            The Committee considered the undernoted report:

“Relevant Background Information

      Community safety is one of the main concerns of the people of Belfast and hence is an issue of considerable importance to the Elected Representatives.  Consequently it is a key element of the Supporting People and Communities theme of the new Corporate Plan.

      Members will be aware that the Council takes the lead role in supporting the Belfast Community Safety Partnership (CSP) which brings together representatives from various agencies and sectors to work collectively on programmes and strategies to improve safety in the City.

      The Belfast CSP has produced a draft Safer Belfast Plan 2009?2011, which prioritises four main themes, tackling anti-social behaviour, reducing alcohol fuelled violent crime, dealing with hate crime and to help Belfast feel safer. These four priority areas were chosen following a review of official data and community consultation in 2007. The consultations included Belfast City Council’s public consultation and the safer city research which was commissioned jointly by Belfast CSP and Belfast District Policing Partnership (DPP).

      The landscape for the public sector is changing and preparation for community planning is challenging us to develop a more holistic and sustainable approach to developing a Safer Belfast. Therefore the approach adopted this year in developing the 2 year plan has been more ambitious than previous years, the intention being that this new plan represents an overarching plan for a Safer Belfast that all of the partners  will work to and be part of.  The plan must not only describe the projects and initiatives across Belfast that both the Council and the other 50 participating agencies contribute to but we also want it to provide the framework for all the agencies engaged in this agenda to work towards and this should be reflected in each organisation’s corporate plan. We want it to be a stimulus to the agencies working better together and joining up resources to deliver services together in a way that complements each organisation’s core business to achieve an overall aim.  This could be viewed as the beginning of a ‘community planning’ approach to creating a safer Belfast.

      The Safer Belfast themes are taken forward by interagency, intersectoral city wide thematic groups. The thematic groups assess how we tackle anti-social behaviour, reduce alcohol related crime, deal with hate crime and help Belfast feel safer and develop new interventions and solutions when we need them.

      In parallel to the Safer Belfast Plan the Council has also been working internally to build the capacity of the Council to lead on the development of a Safer Belfast and provide a Safer City Framework for more effective cross Council working. The framework will act as a platform to integrate Council services, resources and expertise to ensure that the council is ‘fit for purpose’ to lead Belfast Community Safety Partnership, and to deliver the Council’s key responsibilities under the 2009-2011 Safer Belfast plan. Proposed structures to drive the process forward within the Council are being developed including  ...  view the full minutes text for item 8b