Agenda and minutes

          An apology for inability to attend was reported from Councillor Hendron.

            Councillor Haire declared an interest in item 4(a), viz., Use of the City Hall and the Provision of Hospitality, in so far as it related to the application by County Grand Orange Lodge in that he was a member of the Lodge.

            The Committee considered the undernoted report:

“1     Relevant Background Information

1.1    Members will recall that the following process has been agreed for the setting of the district rate and agreeing the estimates for 2013/14.

1.2    At the meeting of the Strategic Policy and Resources Committee on 11 January 2013, Members approved the following recommendations in relation to the 2013/14 revenue estimates, which would result in a zero increase in the district rate for 2013/14:

1.      That the total amount to be raised through the district rate for 2013/14 of £129,716,357

2.          That the revenue estimates for the Strategic Policy and Resources Committee and the cash limit for the Strategic Policy and Resources Committee of £32,514,524 for 2013/14.

3.          That the cash limit for the Town Planning Committee of £10,000 for 2013/14.

4.          That the following departmental cash limits should apply for 2013/14:

·       Health and Environmental Services Department £39,221,866

·             Parks and Leisure Department £23,631,236

·              Development Department £19,229,488

5.          That the general reserves will not be enhanced through the district rate in 2013/14

6.          That a central budget of £843,000 to make provision for a 1% pay rise. This budget will be retained centrally under the control of the Director of Finance and Resources and only released to departments on the basis of a nationally agreed pay award.

1.3    The purpose of this report is to consider the district rate increase for 2013/14, including the domestic and non-domestic rate increase, following the presentation of the detailed revenue estimates reports and cash limits to the to the standing committees.

 2      Key Issues

2.1    The table below summarises the revenue estimates for Belfast City Council for 2013/14 based on a Zero District Rate increase.

2.2    Standing Committees

         Detailed reports on the revenue estimates and departmental cash limits were considered and agreed by each Standing committee during the period 10 - 16 January 2013

2.3    Key Messages

         A summary of the key messages and lines to take in relation to the setting of the district rate for 2013/14 has been prepared by the Head of Corporate Communications and included as Appendix A to this report.

2.4    Impact on Ratepayer

         A rates bill in Belfast is made up of 55% Regional Rate and 45% District Rate. The Regional Rate, subject to Executive approval, is due to increase by 2.7%. A zero rate set by the council will mean that a ratepayer’s total bill will increase by 1.49%. The table included in Appendix B illustrates the monetary impact on average property types.

3       Recommendations

3.1    Members are requested to note the contents of the report and agree:

·      That the increase in the district rate for 2013/14 should be  ...  view the full minutes text for item 2a

            The Committee approved the commencement of a tendering exercise in relation to the procurement of a repair and maintenance contract for landfill gas infrastructure, leachate monitoring stations and minor site maintenance at the North Foreshore site for a period of three years. 

            The Committee noted that, in accordance with the Scheme of Delegation, the contract would be awarded by the Director of Property and Projects to the most advantageous tender submitted.

            The Committee approved the commencement of a tendering exercise for the supply and delivery of vehicle and mobile plant tyres and tubes, at an estimated cost of £105,000 per annum, for a period of one year, with an option to renew annually up to a maximum of three years. In accordance with the Scheme of Delegation, the contract would be awarded by the Director of Property and Projects to the most advantageous tender submitted.

            The Committee noted that the current contract had been due to terminate on 31st January, 2013 and, in order to allow the new contract to be put in place, agreed to extend the existing contract at current prices until 31st March, 2013.

            The Committee agreed to defer, for a period of six months, consideration of a report in relation to the replacement of the Lord Mayor’s official vehicle.

            The Chief Executive submitted for the Committee’s consideration the undernoted report:

“1     Relevant Background Information

1.1    At its meeting on 11 January, the SP&R Committee considered information about the impact of flag demonstrations on local businesses, including feedback which had been received from a number of local traders and representative organisations.  In response, Committee  agreed that the Lord Mayor and Chair of  SP&R would convene a number of meetings with key stakeholders within the retail and hospitality industries to explore how the Council could provide support to the retail and hospitality industries and  mitigate any negative impacts on the image and reputation of Belfast. 

1.2    An initial meeting was convened with representatives from the retail and hospitality sectors on Jan 15^th which was also attended by party leaders or their representatives. Attendees outlined the impact that they had felt since the protests began, with the hospitality industry stating that they had lost 25-30% of business since the beginning of December.   It was agreed at the meeting that a recovery programme was required for Belfast to drive footfall back into Belfast and to counteract the negative media of recent weeks across the world.  In addition to a longer term recovery programme, immediate short term actions were considered vital.

1.3    Immediate issues raised by stakeholders in attendance at the engagement session included:

·        The need for additional promotional and animation activity to drive footfall back into the city – businesses highlighted that decline in cash-flow was linked to the decline in footfall;

·        The need for representation to be made to the VAT and rates authorities in terms of payment plans and the exploration of potential for a workable hardship scheme;

·        The need for a series of counterbalancing activities and messages aimed at getting local people back into the city;

·        The need to quantify impact in order to assess the efficacy of interventions;

·        The need to for urgency in taking forward the actions identified.

1.4    In this context, and as directed by the Committee, Council officers have been engaging with stakeholders to create a proposed programme of interventions to address these issues. This has included work with Belfast Visitor and Convention Bureau, Chamber, Pubs of Ulster, NI Hotels Federation and other agencies to create a bespoke marketing campaign and city animation programme to drive footfall into businesses.  Discussions have also been held with the Department Of Finance and Personnel and Land and Property Services. This report sets out proposed interventions including:

1.      Cash Flow Assistance

2.      Promotion – Marketing Support Plan (Backin’ Belfast)

3.      City Animation Programme

4.      Local Area Support

5.      Medium Term Actions

1.5    The report will also address the resource implications of the plans, media and communications and monitoring of outcomes.   The report is also being brought before the SP&R Committee because the Committee is being asked to approve funding for the interventions from the Council’s reserves.

2       Key Issues – proposed interventions

         Cash Flow Assistance

2.1    As Members will be aware a number of  ...  view the full minutes text for item 2e

            (Mr. D. Rogan, Head of Contracts, attended in connection with this item.)

            The Head of Contracts submitted for the Committee’s consideration the undernoted report:

“1.0  Relevant Background Information 

1.1    At its meeting in April 2012, the Strategic Policy and Resources (SP&R) Committee agreed to convene the Area Working Groups (AWGs) to support effective ‘place-shaping’ and make recommendations to SP&R Committee on investment decisions for the local area including the Local Investment Fund and the Feasibility Fund.

2.0    Key Issues

2.1Over the past month, all the AWGs have met to discuss outcomes and emerging area plans.  A number also made recommendations for SP&R Committee consideration, outlined below.

2.2       West AWG

         West AWG agreed that the following projects be recommended to SP&R Committee for feasibility support:

2.3    Greater Shankill AWG

         On the basis of the information presented, the Shankill AWGs agreed to recommend to the SP&R Committee the following as feasibility projects:

*        Councillor Kingston declared an interest in this project and took no part in the discussion

         In relation to the Local Investment Fund, the Greater Shankill AWG made the following recommendation for the consideration of the SP&R Committee:

2.4    East AWG

         The East AWG considered the potential for feasibility support and recommend to the SP&R the following as feasibility projects:

         The AWG also discussed the availability of other funding streams, and the Council review of Leisure in consideration of what could be available to the area and the necessity for a planned approach to maximise the potential impact for the East of the City.

2.5    North AWG

         On the basis of the information presented, the North AWG made the following recommendation for the consideration of the SP&R Committee:

2.6    South AWG

         As part of the outcomes workshop, South AWG noted the potential opportunity available at the Ulidia Resource Centre on the Ormeau Road. The South AWG considered the potential for feasibility support and recommend to the SP&R the following as a feasibility project:

.         

3.0    Equality Implications

         The overall programme of LIF investments will be screened at regular intervals to ensure that  ...  view the full minutes text for item 3a

            The Committee was reminded that it had agreed previously that the North Foreshore should be developed for waste management, bio-economy and recreational uses.  The regeneration bio-economy proposals comprised the development of an environmental resource park to create an innovative “Green Technology Business Cluster” for Belfast.  That would have the benefit of diversifying the economy to encourage investment and job creation.  The development of a green technology business park at the North Foreshore was included within the Investment Programme 2013 - 2015 and the Council had submitted a £8 million European Regional Development Fund application to develop the infrastructure for that environmental resource park.  Invest NI and the Department for Enterprise, Trade and Investment were currently assessing the application and a decision was expected in Spring 2013.

            The Estates Manager reported that the Council had already started the regeneration of the North Foreshore with the development of a waste transfer station; a landfill gas electricity generation power plant; and an agreement for a lease with arc21/NWP for an in-vessel composting facility.  Within the area reserved as an environmental business park, the Council had approved also the release of a Development Brief for the disposal of a site for a commercial anaerobic digestion facility.  An independent financial due diligence exercise on the submissions which had been received was currently underway.  In addition, and following the Committee’s approval on 24th August, 2012, a Development Brief had also been issued for a commercial leisure and cultural development on land to the west of the North Foreshore site and submissions had been due to be returned by 24th January, with reports to be submitted to the Committee on both those proposals in the near future.

            The Estates Manager explained that the proposals for an environmental resource park and the creation of a cleantech cluster were generating a lot of interest from private companies and investors wishing to invest in new cleantech technologies, particularly in the production of renewable energy.  The recent release of the Development Brief for the anaerobic digestion facility had generated further queries for potential cleantech renewable energy investment and development opportunities, particularly from the biogas renewable energy sector.  There was now an opportunity to capture that cleantech investment interest and promote the development of the environmental technology renewable energy business cluster.  In order to test the market and harness the interest which had been recently expressed, it was proposed to release on the open market a further Developers Brief for the disposal, by way of lease, of a three acre site for a cleantech use utilising biogas renewable energy technology.

            The Committee granted approval for the release of a Developers Brief for the disposal, by way of lease, of a site at the North Foreshore for a cleantech use utilising biogas renewal energy technology and noted that a report would be submitted to the Committee in due course following the receipt and evaluation of any submissions.

            The Committee considered the undernoted report:

“1.0  Relevant background information

1.1    Under the Investment Programme Implementation Plan, agreed by Strategic Policy and Resources Committee in June 2012, it was agreed that a project would be initiated to enable the re-development of the leisure estate and that research would be undertaken to develop options.

1.2    Deloitte was appointed to undertake a piece of work to provide an evidence base on Belfast’s leisure estate needs, specifically the current status of the leisure estate and outline options drawing on best practice, in the context of the Review of Public Administration.

2.      Key issues

2.1    Deloitte report

         The Deloitte report is nearing final draft form.  It is recommended that the full report is presented to a special joint meeting of the Strategic Policy and Resources Committee and Parks and Leisure Committee, to which all members of Council will be invited, in early February.

         The Deloitte report has six main sections which are outlined below:

1.      Urgency of internal case for change – costs; aging assets; delivering outcomes; terms and conditions; not fit for modern purpose

2.      Urgency of external case for change – strategic opportunities esp. stadia; health inequalities horizon; customer and partner expectations

3.      Guiding principles

4.          Options for going forward – status quo, etc. and assessment against principles

5.          Models for delivery – NPDO (Non Profit Distributing Organisation e.g. social enterprise or trust), private sector, internal transformation programme, etc. and assessment against principles

6.          Conclusion – need for transformation plan and speedy, bold decisions.

         Agreement on the guiding principles will facilitate the next stages of the review process, in particular, the development of a financing strategy to meet Members’ ambitions for the transformation of the leisure estate.

2.2    Member feedback

         In informal discussions with Members, the following points have been raised in relation to the review of leisure:

-   There is a need for urgent action on the leisure estate, particularly regarding the Windsor and Casement stadia developments as phase 1 of that process;

­               There is a need to reduce the cost to the rate-payer and to re-focus the service towards delivering health outcomes;

­               Importance of working in partnership, including with schools and universities;

­               There is a need for a sustained and positive engagement with the trade unions, to enable a fundamental review of working practices as well as provide job security;

­               The need for balanced investment across the city and there was no ‘one-size-fits-all’ provision model.

         The Executive Summary strongly emphasises the Members’ and partners’ opinion that there is an urgent case for change

2.3    Drivers for change

         There are four key drivers for change:

­               Financial: the subsidy for leisure services and average annual cost to the ratepayer is currently £8.01 million.  The physical improvement of the leisure estate is dependent on the Council’s agreed medium term financial strategy, the success of service improvements and the future business model.  Cash savings within the leisure budget will form a key element of the strategy to finance  ...  view the full minutes text for item 3c

            The Committee considered the undernoted report:

“1     Relevant Background Information

1.1    Under the Investment Programme Implementation Plan, agreed by Strategic Policy and Resources Committee in June 2012, it was agreed that a project would be initiated to enable the re-development of the leisure estate.  Deloitte were appointed by the Council to assist in undertaking research to develop options. There is a separate report on this review at Committee this month.

1.2    The significant investment by DCAL, IFA and GAA into the stadium developments at Casement Park and Windsor Park fits with the review of the leisure estate and presents  major strategic opportunities for the Council to begin a transformation plan for the  estate.

1.3    The NI Executive has committed significant investment towards local sports facilities including £25.2m to the IFA for the redevelopment of Windsor Park and £61.4m to the GAA for the redevelopment of Casement Park, which is further supported by other funding.   Appointment of a contractor for Windsor Park is planned for July 2013 and for Casement Park by September 2013.

1.4    Recent public consultation by IFA and GAA on the stadia designs and feedback from members highlighted interest in potential synergy with the council’s assets in proximity, in particular:

·        Windsor Park – Olympia Leisure Centre/Community Centre, Boucher Road Playing Fields, and

·        Casement Park – Andersonstown Leisure Centre.

1.5    On 14 June 2012 the Parks & Leisure Committee received a report on these stadia developments and was updated on a report by Deloitte commissioned by the Council on potential added value and regeneration impact.

1.6    On 22 June 2012 the Strategic Policy & Resources Committee received a report on both stadia.  Committee gave approval in principle for:

·        an access for construction traffic at Windsor Park;

·        a feasibility study on Windsor/Olympia/Midgley; and

·        consideration of  the future development of leisure facilities at Andersonstown in the context of the wider strategic review of leisure.

1.7    At a special meeting of the Parks & Leisure Committee on 12 November 2012 the IFA provided a presentation on the Windsor Park development.

1.8    On 14 December 2012, the Strategic Policy & Resources Committee received a stadia update and agreed that:

·        A further report and timetable would be submitted to the committee in line with the leisure review report which was due in January;

·        GAA would be invited to make a presentation to Council on Casement Park;

·        Officers will continue working on a strategy with DCAL, IFA and GAA to ensure the greatest mutual benefit in terms of community gain from these projects and to report back in January in the context of the leisure review.

2       Key Issues

         Potential opportunities

2.1    The new stadia will impact on the entire city, however Members have emphasised their aspirations that the Council works to ensure enhancements for communities adjacent to both stadia. This is an opportunity to realise the potential socio-economic benefits and work towards an enhanced community provision.

2.2    The new iconic stadia are on an aggressive timeline for delivery.  There is a limited window of opportunity for the  ...  view the full minutes text for item 3d

            The Director of Development submitted for the Committee’s consideration the undernoted report:

“1     Relevant Background Information

1.1    Members will be aware that a number of reports have recently been presented to the Strategic Policy and Resources and Development Committees in connection with development and implementation of the Council-sponsored education bursary programme – one of the key projects within the economy section of the Investment Programme. 

1.2    At its meeting on 22 June 2012, Members of the Strategic Policy and Resources Committee considered a number of potential ways forward in relation to development of the £300,000 bursary fund and reached agreement on a preferred approach for the first year.  Members agreed to two different types of bursaries working in conjunction with Belfast Metropolitan College (BMC) and the Prince’s Trust. 

1.3    With an annual budget of £100,000, an indicative split of £70,000 to BMC and £30,000 to the Prince’s Trust was agreed for year 1.  Members are aware that bursaries channelled through the Trust will be used to help disadvantaged young people aged 16-25 access education, training or employment.  Awards provided via the College are intended to incentivise young people to choose a specific course of study which will lead them towards employment in key growth sectors. 

1.4    On 14 December 2012 Members of the Strategic Policy and Resources Committee received a full update on delivery of the bursary scheme including progress which had been achieved by both organisations.  It was reported that through the Prince’s Trust, Development Awards had been provided to 57 disadvantaged young people aged 15-25 in Belfast City Council area with 87% of those achieving a positive outcome by moving into education, training or employment. 

1.5    Members were also informed that in the case of the BMC, eligibility criteria for the scheme had been established and priority courses identified.  However no bursaries had been allocated as yet given that the College had not been able to include advance promotion of the scheme in any of its promotional literature for the 2012/13 academic year.  As a result, the funding earmarked for year 1 was not able to act as an incentive towards a particular course of study as had been initially intended. 

1.6    In light of the above, the Strategic Policy and Resources Committee therefore agreed to Development Committee’s proposal that the £70,000 allocated to the BMC bursaries for the current academic year be carried forward into the next financial year to allow greater impact and to incentivise more young people to study in priority skills areas.  Committee also recommended that consideration be given to lowering the household income criteria set by the College for its existing bursary programme (currently £55,000).

2       Key Issues

2.1    This section of the report sets out a number of issues relating to the bursary scheme in particular the need to:

-             revise the eligibility criteria for those wishing to receive financial support via the BMC bursary, particularly those focusing on household income thresholds and targeting priority courses;

-             consider appropriate levels of assistance  ...  view the full minutes text for item 3e

            (Mrs. J. Minne, Head of Human Resources, attended in connection with this item.)

            The Committee considered the undernoted report:

“1.0  Purpose

1.1    The purpose of this report is to update members on the employability aspects of the Investment Programme and to seek approval, in principle, to apply jointly with partners across the city, for European funding to assist with the provision of apprenticeships.

2.0    Background

2.1    As part of the Investment Programme the Council has committed to the provision of 400 placement, apprenticeship and internship opportunities and the creation of 200 job opportunities.  Members have received regular updates on the number of placements and job opportunities; up to date figures are provided below.

2.2    Corporate Human Resources has been working with colleagues in the European Unit, to research funding opportunities that might allow the Council to provide further work experience and apprenticeship opportunities.  One such potential funding opportunity, the call for proposals for social policy experimentations under PROGRESS 2012, is outlined below.

3.0    Key Issues

         Update on job opportunities and work placements

3.1    The number of job opportunities publicly advertised to date is 139 permanent job opportunities and 37 temporary job opportunities This exceeds the target of 110 set for year one.

3.2    A total of 149 work experience placements have been provided and HR continues to work with DEL and other partners to maximise the opportunities that the Council can offer.

3.3    The Property and Projects and Parks and Leisure departments have recently confirmed budget provision to create a number of apprenticeship opportunities (seven craft apprentices and three horticultural apprentices) and the recruitment process for these will begin shortly.

3.4    Members will recall the approval for five ring fenced Business Support Clerk posts to the long term unemployed and the provision of a two week pre recruitment programme for 45 people.  This pre recruitment programme is being advertised week commencing 20 January 2013 and will start on 25 February 2013.   The programme will consist of one week of work experience in a council department, one week of classroom based training and a mock interview.

         Potential European funding

3.5    The call for proposals for social policy experimentations under PROGRESS offers financial support to experiment with innovative social policy changes and reforms before implementing them on a wider scale.  It is aimed at public authorities acting as policy makers at national, regional or local level and three themes are supported under the call:

i)       promotion of youth activation measures to tackle youth unemployment and exclusion

ii)      provision of childcare services

iii)     promotion of active and healthy aging

3.6    €1 million has been allocated to the youth theme and requests for grants should be between €700 k and €1 million.   20% co-financing is required. The deadline for applications is 15 February, 2013 with project duration of 24-36 months.

3.7    Preliminary discussions with a number of employability partners in the city, DEL, BMET, Belfast Partnership Board and some of the LEMIS providers in the city  indicated a desire to collaborate on  ...  view the full minutes text for item 3f

            (Councillor Haire left the meeting whilst this item was under discussion.)

            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 was reminded that the Council had agreed to support both the St. Patrick’s Day festival and the Belfast 400 events in 2013.  Both of those events included within their programme story telling activities and the Council’s Events Team have requested permission to use the Council Chamber for those activities.

            The Democratic Services Manager pointed out that the use of the Council Chamber for events other than the monthly Council meeting required the approval of the Committee.

            The Committee approved the use of the Council Chamber for the St. Patrick’s Day festival and the Belfast 400 events in 2013 from 15th till 18th March and 30th March till 2nd April, respectively.

            The Assistant Chief Executive submitted for the Committee’s consideration the undernoted report:

“1     Relevant Background Information

1.1    On 27 November, 2012 the Local Government (Indemnities for Members and Officers) Order (NI) 2012 (the Order) came into effect (a copy of which has been circulated).

1.2    The Order provides for the circumstances in which a council may provide indemnities to any of its Members or officers including the provision to secure insurance in connection therewith.

2       Key Issues

2.1    Under the Regulations a council now has power to indemnify its Members and officers when they are carrying out any functions on behalf of the council, or at the request or approval of the council.  The power to indemnify extends to circumstances where Members and officers are serving on outside bodies to which they have been appointed by the council. 

2.2    The indemnity does not extend to cover those acts by a Member or officers which would constitute criminal acts or any other intentional wrongdoing, fraud or recklessness.

2.3    The power to provide an indemnity also extends to circumstances where a Member or officer is acting outside the powers of the council, or outside the powers of that Member or officer, but where they are acting in good faith.  The indemnity also covers cases in which a Member or officer has made a statement (whether by the issue of a document or otherwise) which turns out to be incorrect and which subsequently leads to a claim being taken against that Member or officer. 

2.4    Article 7 of the Order provides that the terms of any indemnity require to be agreed by the council.  Accordingly, the Committee is recommended to request the Council to adopt the following policy on the indemnity of Members and officers. 

2.5    Pursuant to the provisions of the Local Government (Indemnities for Members and Officers) Order (NI) 2012 (the Order), Belfast City Council agrees to provide indemnity to its Members and officers on the following terms:-

1.      The indemnity will extend to any action of, or failure to act by, the Member or officer in question, which –

a)      is authorised by the Council; or

b)         forms part of, or arises from, any functions conferred upon that Member or officer, as a consequence of any function being exercised by that Member or officer (whether or not when exercising that function it is done so in the capacity as a Member or officer of the Council) –

(i)      at the request of, or with the approval of the Council, or

(ii)     for the purpose of the Council.

2.      The indemnity can be in the nature of financial support or support in kind, and shall be provided in relation to any personal financial liability arising in the circumstances set out herein.

3.      The indemnity does not extend to any action by, or failure to act by, any Member or officer, which -

a)          constitutes a criminal offence, or

b)         is the result of fraud, or other deliberate wrongdoing or  ...  view the full minutes text for item 4c

            The Committee was advised that the Association of Municipal Authorities of Ireland was holding its Spring Seminar in New Ross, County Wexford, on 15th and 16th February.  The theme of the seminar was “Putting People First – Local Government Reform....Real or Imaginary?”.  Keynote speakers would include the Assistant Secretary in the Department of the Environment, Community and Local Government, the Public Affairs and Business Development Director at the American Chamber of Commerce in Ireland and Councillor Joe Anderson, O.B.E., the first Directly Elected Mayor of Liverpool.  The approximate cost of attendance would be £765 per delegate.  Accordingly, it was recommended, in accordance with the Council’s policy for events of this nature, that the Committee authorise the attendance at the seminar of the Chairman, the Deputy Chairman, the Council’s representatives on the National Association of Councillors, Northern Ireland Region (or their nominees) and a representative of each of the Parties on the Council not represented by the aforementioned Members.

            After discussion, it was

            Moved by Councillor Reynolds,

            Seconded by Councillor Hussey,

      That the Committee agrees that it not be represented at the above?mentioned seminar.

            On a vote by show of hands five Members voted for the proposal and eleven against and it was declared lost.

            Accordingly, the Committee adopted the recommendation.

            The Committee noted the contents of a report which provided an update in relation to the issue of iPads for Members and the development of the Modern.gov and My Belfast apps.

            The Committee approved the minutes of the meeting of the Party Leaders’ Forum held on 9th January.

            (Mrs. J. Minne, Head of Human Resources, attended in connection with these items.)

            The Committee noted that, in accordance with Standing Order 55 and the authority delegated to him, the Director of Finance and Resources had authorised the appointment of a member of staff who was related to an existing officer of the Council.

            The Committee considered a report which provided an update in relation to a request which had been made by the Council’s Trade Union Group in relation to the payment of £250 to employees earning less than £21,000 per year.  The Head of Human Resources outlined the discussions which had taken place and indicated that there were still differing views in relation to the issue.

            Accordingly, it was recommended that the Assistant Chief Executive/Town Solicitor seek Senior Counsel advice on the matter and that the Head of Human Resources continue to engage with the Belfast City Council Trade Union Group in the interim, with the matter being reported back to the Committee in February.

            The Committee adopted the recommendation.

            The Committee considered the undernoted report:

“1     Relevant Background Information

1.1    Approximately 5.37 acres of land at Ballysillan Road, adjacent to the Ballysillan Leisure Centre and held by Parks & Leisure Committee is leased to Iceland Foods Plc. Iceland Foods Plc hold this site under a 125 year Lease dated 22^nd May 2001 and they have constructed a foodstore of approximately 8,000 sq ft for their own occupation and three smaller speculative shop units for leasing. They also have an option to develop additional adjoining land of approximately 1.60 acres for further car parking associated with their development.

1.2    Council had initially entered into a Development Agreement with Stewarts Supermarkets Ltd in response to a DOE development brief for the construction of a neighbourhood shopping centre (circa 40-50,000 sq ft) However, this scheme never materialised and a revised proposal for the much smaller Iceland Foods scheme located on the same site area of 5.37 acres was later approved by the Client Services Committee at its meeting of 20^th August 1996.

1.3    Under the terms of the Lease the ground rent for this site is to be reviewed every 5 years. Members may recall that at the first review (22^nd May 2006) the initial rent of £10,000 per annum, set in May 2001, remained unchanged following referral to an independent expert to settle the matter as it was not possible to achieve a negotiated settlement.

2       Key Issues

(i)      2011 rent review

2.1    A further rent review fell due on 22 May 2011 and there have been subsequent negotiations to try and agree the revised rent.  Despite numerous discussions the agents appointed by Iceland Foods have again resisted any increase in the ground rent review and made an application to the Lands Tribunal to settle the review at £10,001 per annum.

2.2    During the course of the rent review negotiations Iceland’s agent made a submission to Council to surrender part of the land leased to Iceland back to the Council with the aim of fixing the annual ground rent, albeit for a reduced site area, at £10,000 for the residue of the 125 year term.

2.3    Whilst Iceland’s proposed re-gearing of their lease forms the second part of this report, negotiations on the lease re-gearing have been progressed in tandem with the outstanding rent review, whereby agreement has now been reached, subject to Committee’s approval, of a revised rent of £14,000 per annum for the 5 years effective from 22^nd May 2011.  This represents an increase of 40% on the 2006 rent assessment. Iceland has also agreed to postpone the Lands Tribunal proceedings whilst the detail of any lease re-gearing is finalised.

2.4    In respect of future rent reviews and in order to negate protracted and potentially costly negotiations, relative to value of the ground rent income, it has also been agreed (subject to Committee approval) to replace the existing open market rent reviews provisions in the Lease with future 5-year periodic reviews indexed linked that  ...  view the full minutes text for item 6a

          The Committee noted that this item had been withdrawn from the Agenda.

            The Committee was advised that the Parks and Leisure Committee, at its meeting on 10th January, had considered reports on the proposed use/occupation by contractors of areas of Council-owned land at the Stewart Street Playground and the John Hewitt Park.

Stewart Street Playground

            With regard to the works at the Stewart Street Playground, the compound area was required in connection with works being carried out on an adjoining site and a Licence Fee was to be charged.  The fee partly reflected the financial benefit to the contractor of being allowed use of the Council’s land and was partly to encourage the contractor to remain on the playground site no longer than was absolutely necessary.  Accordingly, the Parks and Leisure Committee had agreed to approve the granting of a Licence Agreement to Geda Construction Company Limited for a period of approximately twelve weeks to facilitate the construction of a boundary wall, subject to a Licence Fee of £75 per week and subject to detailed terms to be agreed by the Estates Manager, incorporated in a suitable Licence Agreement which would be drawn up by the Town Solicitor and to approval by the Council’s Strategic Policy and Resources Committee in accordance with Standing Orders.

John Hewitt Park

            The works at the John Hewitt Park had been carried out by the Department for Social Development’s contractor and involved the installation of approved environmental improvements on the Council’s site in the form of a themed garden.  As those works were designed to improve the Council’s asset, no Licence Fee was associated with the grant of the Licence.  In this regard, the Parks and Leisure Committee had agreed to:

(i)      approve the carrying out of the work on Council-owned land;

(ii)     enter into a Licence Agreement to permit those works to be carried out, subject to approval by the Strategic Policy and Resources Committee in accordance with Standing Orders; and

(iii)    absorb the maintenance cost and include the themed garden within the Council’s public liability schedule.

            In accordance with Standing Order 60, the Committee authorised the grant of the proposed Licence Agreements at Stewart Street Playground and the John Hewitt Park on the terms as outlined.

            The Committee was informed that the Parks and Leisure Committee, at its meeting on 9th August, 2012, had approved the grant of a lease to North Belfast Play Forum Limited in respect of the multi-use pitch situated on the edge of the Waterworks site near the junction of the Antrim Road and the Cavehill Road.  The purpose of the lease was to allow the Forum to draw down funding of £50,000 from Biffa Award to install a 3G surface over the existing polymeric surfaced games area.  The lease was to be for a period of up to fifteen years to satisfy the needs of the funding organisation.  A contribution of £5,102.04 had also been authorised by the Parks and Leisure Committee towards the proposed re-surfacing.

            The Estates Manager reported that, subsequently, at its meeting on 15th November, the Parks and Leisure Committee had approved also a variation of the existing Facilities Management Agreement on that site so as to ensure no overlap between the Agreement and the proposed lease.  The proposed lease would reduce the Council’s maintenance responsibilities and Facilities Management Agreement costs and would provide the Forum with an opportunity to generate income from public use of the facility, which it had anticipated would offset its additional responsibilities and the reduction in income from the Council.  The Forum relied on public use to generate income and operated to promote the use of the facility and was not in itself engaged in team sports.

            Following further discussions with the Biffa Board and the Forum, it had been agreed that the duration of the proposed lease be fixed at ten years.  That represented the maximum expected life of the proposed new 3G surface.  It was also agreed that the Forum would pay a rent to the Council of £2,500 per annum for the facility.  That rent took account of the existing income generating capacity of the site.  Under the terms of the proposed lease, the Forum would be responsible for maintenance and insurance of the playing surface and for electricity costs associated with flood lighting.  The Council would remain responsible for maintenance of the fencing which surrounded the pitch.  The adjoining pavilion building would also remain under Council ownership as part of the revised Facilities Management Agreement.

            The Committee authorised the grant of a ten year lease to the North Belfast Play Forum Limited at a rent of £2,500 per annum, subject to detailed terms to be incorporated in a legal agreement to be drawn up by the Assistant Chief Executive/Town Solicitor.

            The Committee was reminded that, at its meeting on 24th April, 2009, it had approved the invitation of tenders and the awarding of contracts for the replacement of the fuel storage facilities and associated infrastructure works at the Duncrue Complex.  There had been complications with the initial procurement process for the fuel management system element of the project in so far as the successful tenderer had been bought over and could no longer meet the specification requirements.  The procurement strategy had been revisited and the works element was subsequently combined with the fuel management element and a contract had been eventually awarded in October, 2012.  The works were currently ahead of programme and it was anticipated that the new facility would be operational by March, 2013.

            The Committee was informed that, additionally, in June, 2012, as part of the Council’s efficiency agenda, the Strategic Policy and Resources Committee had approved a high level corporate wide Fleet Improvement Programme.  That had been based on recommendations from the review of the Council’s fleet provision undertaken by consultants in Autumn, 2011.  One of the key recommendations from that report was that the Council’s fuel management system should be addressed as a corporate issue.

            The Duncrue fuel facility was operated by Cleansing Services but a number of non-Cleansing Services vehicles also used the facility for refuelling.  Refuelling facilities were available at eleven other Council locations, ten operated by the Parks and Leisure Department and two by the Health and Environmental Services Department, including Duncrue.  The contract for the new fuel storage facility had been tendered before the Audit, Governance and Risk Services investigation had been instigated and included on-board devices for all of the cleansing vehicles (180).  Those devices enabled automated data collection without manual intervention and the vehicle specific data was collated by the new Jigsaw fuel management system.  In October, 2012, following an investigation by the Audit, Governance and Risk Services, it had issued key control guidance on the fuel storage and dispensing of fuel.  That guidance included a specific key control measure, that is, “Management should undertake periodic reviews of fuel usage per machine in order to determine whether or not the usage was commensurate with the work the machinery was carrying out.  High or irregular usage levels should be investigated and reported upon”. 

            The existing contract related solely to the 180 vehicles that made up the waste collection and street cleansing part of the Council’s fleet.  However, although it was not impossible, it would be difficult for any non on-board devices to be refuelled at the facility.  Were those types of vehicles to refuel elsewhere, that would raise major concerns both because of potential delays and impact on operations and also because such refuelling would not be recorded against the vehicle.  Cleansing Services had therefore made a request to expand the contract to include on-board devices for 167 other Council fleet vehicles, which would leave just 29 vehicles, the majority of which were mowers and could not accommodate  ...  view the full minutes text for item 6e

            The Committee considered the undernoted report:

“1     Relevant Background Information

1.1    Members may already be aware that the swimming pool at Avoniel Leisure Centre has been closed since 20^th August 2012. This is because, in the course of routine inspections by the Property Maintenance unit under the planned maintenance programme, a very significant water leak has been detected.

1.2    A number of initial investigations and excavations were carried out in terms of the tanks, pipe-work and pool fabric etc in order to locate the leak and carry out the necessary repairs. However, in the course of these investigations, asbestos testing was also routinely carried out by the unit and this subsequently resulted in a number of positive readings for the presence of asbestos in parts of the pool infrastructure.

1.3    This required formal reporting to the Health & Safety Executive (HSE), followed by a stand-still period to allow the HSE to inspect the site and, once all investigations were complete, the removal and/or encapsulation of the asbestos by professional, licensed contractors.

1.4    Only then was it possible to resume the search for the source(s) of the major leak. After a further period of detailed excavation and research in relation to the main poolside deck, the Property Maintenance unit has uncovered wet rock and concrete in areas that should be completely dry. There is also extensive, widespread evidence of chlorine compounds from the pool that have leached into and calcified on the rock and concrete.

1.5    The only conclusion that can be drawn from this is that the entire pool basin (in addition to the problems with the tanks, pipes, etc already identified) is leaking pool water into the surrounding sub-strata; it is effectively a catastrophic failure of the waterproof pool membrane.

1.6    The only solution to this problem is therefore to re-line the entire pool basin, overflow channels, and balance tank, as well as replace virtually all associated pipes leading to and from the pool, and then reinstate the poolside deck tiling. 

1.7    The total cost of the reinstatement work is estimated to be in the order of £250,000, and specifically the approximate costs of the specialist services required in relining the pool, overflow channels, and balance tank etc and which are the subject of this report  are estimated at £77,000.

1.8    This scale and scope of work-package would normally be procured via tender and a contract under seal, however the lead times for the tender process could add at least 4 months to the overall time-scales. This would cause obvious operational difficulties for the Centre, and would also mean an ongoing loss of income of approx. £12,000-£15,000 per month during the extended closure.

1.9    We have developed an alternative outline programme for this work based on a quotation exercise as opposed to a tender exercise, which we believe would enable completion of the entire project work and have the pool operational by mid-June 2013.

1.10  This would require the Committee to approve the quotation action under Standing Order 62(a),  ...  view the full minutes text for item 6f

            (Mrs. H. Francey, Good Relations Manager, attended in connection with these items.)

            The Committee approved and adopted the minutes of the meeting of the Good Relations Partnership of 14th January.

            The Committee approved and adopted the minutes of the meeting of the Joint Group of Party Leaders’ Forum and Historic Centenaries Working Group held on 18th January.

            The Committee considered the undernoted report and approved the comments attached at Appendix 1 as the Council’s response to the consultation:

“1.0     Background

1.1    Members will be aware that the current round of EU funding terminates in 2013. To this end, the consultation process regarding the next 7 year Programme Period (i.e. 2014-2020) is ongoing. This process centres on the draft legislation published in October 2012 and which outlines the aims, objectives and mechanisms for delivering the future Structural Funds Programmes.

1.2    Members will also be aware that the Councils of the Metropolitan Region (COMET) have developed an urban position regarding maximising the opportunities for local authorities within the metropolitan area. This focuses on the creation of an Integrated Territorial Investment which would allow Councils to develop an Integrated Urban Strategy to maximise the impact of EU investment whilst also reducing the bureaucracy associated with securing EU funds. This position paper was endorsed by SP&R Committee in December 2012.

1.3    In parallel, NILGA have also sought the opinion of all 26 Local Authorities in relation to the draft EU legislation. A copy of the proposed NILGA model of Eu funding delivery is attached as appendix one of this report , along with a copy of the draft BCC response.

2.0       Key Issues

2.1    In order to maximise the opportunities for Councils in the next Programme Period, local authorities need to influence the decision making process to enable changes to the way EU monies will be delivered in 2014-2020. It is critical therefore that there is an agreed Local Government position on its role in the future delivery of EU funds. In an effort to achieve this objective the attached response has been agreed with SoLACE and Liam Hannaway has circulated a copy to the CEOs of all 26 Councils encouraging them to propose to their Councils that they make a similar response.

2.2    Members will note from the attached response that, in general, BCC welcomes the opportunity to work with NILGA and all the other Councils to obtain agreement from relevant Ministers for the devolution of a proportion of EU funding to a local government level in order to support the delivery of ‘place based’ development plans.

2.3    Whilst the response states that BCC is in favour of devolving the administration of EU funds to Local Government it does raise issues with respect to NILGA’s proposal for a ‘Local Government Regional Investment Group (LGRIG’).  The proposed function of this LGRIG is not clear from the Consultation Paper. SoLACE would agree that this is unnecessary and should have no administrative or decision-making role in the delivery of funds. If such a group should exist then its role should be limited to supporting collaboration and the exchange of best practice between the Councils/Council clusters involved in delivering EU funds.

2.4    Upon Committee approval, the attached response will be submitted immediately to meet NILGA’s consultation deadline.

2.5    In addition, should all 6 COMET Councils endorse this paper, the Council’s EU Unit will  ...  view the full minutes text for item 8a