Agenda and minutes

            Apologies for inability to attend were reported from Councillors Browne, Clarke and McDonough-Brown.

            The minutes of the meeting of 25th June were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Shadow Council at its meeting on 2nd July.

            The Chief Executive introduced Mr. C. McCarthy to the Committee and reported that he had been appointed as the Interim Strategic Director for the Health and Environmental Services Department. She indicated that he would act also as the Senior Officer Responsible for the work of the Transition Committee.

            No declarations of interest were reported.

            The Committee considered the undernoted report:

“1     Background Information

1.2    The Committee is reminded that the boundary extension means a 19% increase in residents to 334,000, a 17% increase in households to 141,595, an approximate 10% increase in businesses to  9,260, and the transfer of relevant assets, liabilities and staff from the other councils.

1.3    The aim is to ensure that on day one of the new council we can ensure a smooth transition by delivering services and providing facilities and programmes to meet constituents’ expectations while also identifying opportunities for service improvements and efficiency.  

1.4    The preparation for boundary extension is an organisation-wide exercise and significant work has been taking place involving all parts of the organisation. Members had previously agreed a two-phase approach which is being taken forward by different Local Government Reform (LGR) work streams:

         Phase 1: Assets and liabilities transfer; Staff transfer and Capital expenditure programme/estates strategy;

         Phase 2: Statutory Transition Committee; Rates convergence Service convergence; Engagement between officers of BCC, LCC and CBC; Social Investment Fund

1.5    For service convergence and engagement, a three-phase approach has been developed which is supported by detailed project plans in each department:

1.    Information-gathering and engagement with LCC, CBC and NDBC;

2.    Service impact to enable submission of draft Revenue Estimates;

3.    Transition planning and implementation – getting ready for the delivery of services in the new council area.

1.6    This work is being led by a Project Board which is chaired and attended by Directors and co-ordinated at an operational level by an inter-departmental Steering Panel. Issues are resolved and escalated to the Board as necessary. Regular reporting and monitoring is in place as is ongoing liaison and co-ordination with other internal LGR working groups.

1.8    Information gathering and engagement with LCC and CBC

         At Director-level, a Joint Chief Executive meeting took place on 12th August to discuss issues relating to assets, staff, cemetery charges and communication and engagement. A Joint Directors’ meeting is planned for early September.

         At operation-level, unit managers within each department have been engaging with their LCC and CBC and NDBC counterparts to determine how to extend their current services into the new areas. There are differences in service provision between the three council areas and the impacts of these are currently being worked on through the Revenue Estimates process.

1.9    Service Impact and draft Revenue Estimates

         Departments are in the process of preparing revenue estimates on a converged service basis and this will form part of the rate setting process agreed by the Shadow Strategic Policy and Resources Committee in June 2014. Some service convergence issues will require consideration by the Transition Committee and these will be brought to a future meeting of the Transition Committee.

1.10  Transition planning and implementation

         There are a number of other discreet areas of work currently under way, in conjunction with LCC and CBC and NDBC, to ensure a process of controlled transfer of assets and service delivery in the new areas. These include:

·         Preparation of detailed  ...  view the full minutes text for item 14.

            The Committee considered the undernoted report:

“1.0  Background Information

1.1    Members will be aware that as part of Local Government Reform a range of functions will transfer from central government to council on 1st April 2015. This report covers three of those functions, Urban Regeneration & Community Development (URCD), Planning and Local Economic Development.

1.2    The current Urban Regeneration and Community Development programmes consist of three broad areas:

1.    Community Development - Community Support Programme; and Community Investment Fund

2.    Area-Based Regeneration - Neighbourhood Renewal (both revenue and capital); Areas at Risk; Belfast Area Partnerships (BAPs); and development of non-statutory masterplans and frameworks.

3.    Physical Development - strategic regeneration projects (e.g. Girdwood, Royal Exchange); city centre regeneration; comprehensive development; public realm and environmental improvement schemes; and Urban Development Grants

1.3    In respect of planning the key transferring planning functions include:

1.    Development management - responsibility for decisions on residential and commercial planning applications; and tree preservation orders

2.    Enforcement - of breaches of planning permission

3.    Local development plans- the development of a strategy and policy framework outlining our ambitions for the use and development of land in Belfast

4.    Heritage powers - an increased role in protecting and preserving built heritage within the city

1.4    In relation to Local Economic Development the main programme being transferred is the Regional Start Initiative (RSI).  This programme is currently delivered by Enterprise NI – the network of local enterprise agencies across Northern Ireland – with Invest NI acting as contract manager. 

1.5    John McGrillen is the Senior Responsible Officer for all three functions. John provides strategic co-ordination for the transfer of UR & CD via a monthly panel of relevant officers from across the Council. Planning has a separate working group structure which oversees the transfer at a regional level and reports into a Partnership Panel. 

1.6    The work of all three functions is closely aligned with other LGR functions, with inter-dependencies identified and managed via sequencing plans.

2.10  Transfer of Urban Regeneration and Community Development

2.11  A two stage transfer process has been agreed:

·         Transition (2015-2017) - Putting in place the practical arrangements/decisions necessary for council to maintain and deliver transferred services from 1st April 2015.  Thus ensuring service continuity as well as managing expectations and risks.

·         Transformation (2017 -) - Developing the future vision, outcomes and delivery models for urban regeneration and community development aligned with Community Planning

2.12  A detailed project methodology has been employed to manage the transfer of UR & CD, and the paragraphs below highlight the most relevant issues.

2.13  Legislation                                                   STATUS: Progressing

         The council will receive powers under the Regeneration and Housing Bill in relation to social need. Members are asked to note that the Bill has not yet passed through the Assembly, but DSD anticipate that this should take place during September. Officers will update Members on legislative progress.

         The Bill includes powers to provide financial assistance that will benefit areas of social need; power to carry out public realm schemes; and power to support community development.  ...  view the full minutes text for item 15.

The Committee considered the undernoted report:

“1.0     Relevant Background Information 

1.1       The purpose of this paper is to provide a progress report on the transfer of Urban Regeneration and Community Development Revenue Grant Programmes from DSD to Belfast City Council for the Transition period of Local Government Reform (1 April 2015 – 31 March 2017)

1.2       As previously agreed by STC, Feb 2014, it is our intention that new revenue contracts are put in place between the new Council and groups currently funded by DSD (subject to application and assessment) in order to maintain existing arrangements for the Transition Period of 1 April 2015 to 31 March 2017.  It is expected that this process will be completed within the current calendar year to enable groups and organisations to plan for the delivery of programmes from 1st April 2015. 

2.0       Current status

2.1       The transfer incorporates 7 legacy revenue grant programmes, including:

·         Community Support Programme  (CSP)

·         Neighbourhood Renewal (NR)

·         Areas at Risk

·         Community Investment Fund (CIF)

·         Belfast City Centre Promotions

·         Belfast City Centre Community Activity Grant

·         Belfast City Centre Events Grant

2.2       As part of the Council’s due diligence it was identified that these programmes constitute a spend of £15.8m at 2014-15 levels. This is some £5.4m more than the revenue grant component within the DSD regional allocation model.  This significant financial gap was considered at a series of pre summer joint BCC-DSD Director’s workshops.  During the discussions, DSD agreed to retain responsibility for 2 projects with a total contract value of £1,048,000.  Issues were identified with a small number of contracts which would require further discussion with contract parties to inform any committee consideration.

            Groups responsible for all other contracts have been invited to resubmit applications for funding and assessments are underway.

3.0       BCC Community Development Grant Programme (previously Community Support Programme)

3.1       Members should note that the Council has opened its own Community Development Grants Programmes to all groups, including those in the new areas that will form part of the extended Belfast council area, for transitional funding from April 2015 to March 2017.  This programme has historically been part financed through a substantial grant from the DSD’s Regional Community Support Programme.

3.2       These existing grant programmes (for capacity building, revenue support for community buildings, advice and information and small grants programmes) will not change in any substantial way during this transitional period.  The Revenue Grants application call for Community Buildings and Capacity Building Grants closed in July 2014, whilst the Generalist Advice Grant application call closed on 4 August 2014.  Assessment is underway and recommendations will be presented to committee in November 2014 pending confirmation of total available budget.

4.0       Neighbourhood Renewal Revenue Projects (inc Areas at Risk), Community Investment Fund.

4.1       As noted, in April 2014 the former STC agreed to extend the majority of the current DSD revenue contracts (subject to application and assessment), to enable groups and organisations to plan for the commencement of the transition period on 1st April 2015.  This includes the  ...  view the full minutes text for item 16.

            The Committee considered the undernoted report:

“1        Relevant Background Information

            Housing Functions

1.1       As part of Local Government Reform, responsibility for the regulation of houses of multiple occupancy (HMOs) and unfitness is transferring from NIHE to Councils.

1.2       The regional Housing sub-group to the Transfer of Functions Working Group (ToFWG) has been tasked with facilitating the smooth transfer of these functions from NIHE to the new councils. 

1.3       An agreed regional approach is required on a sustainable delivery model for these transferring functions to ensure service continuity for the public and service users.

1.4       The purpose of this report is to set out the range of options explored in relation to the transfer of HMOs and unfitness to local government and put forward a recommended preferred option for the consideration of Members.

            Property Certificates

1.4       It is proposed to retain this function in its current location and make it part of the new Fermanagh and Omagh District Council.

Group Structures

1.5       Members are also advised that the Chief Executives Forum has developed a principles paper that is currently being presented to the other 10 Councils to agree a direction in terms of how the functions provided by the existing Group structures for Environmental Health and Building Control, and transferring functions, will be delivered post 1st April 2015. The recommendations set out below regarding the future delivery of HMOs and unfitness functions and Property Certificates have been incorporated within the principles paper.

Consequences

1.6       Should the Councils fail to agree an approach the issue will be referred to the Minister for the Environment for direction.  To date the principles paper has been considered and agreed by 5 of the shadow Councils.

2.0       Key Issues

Houses of multiple occupancy

2.1       NIHE currently have two regional HMO offices in Northern Ireland, located in Belfast and Coleraine. The Belfast office is charged with the administration of HMOs within the current Belfast City Council boundary, whilst the Coleraine office is responsible for the administration of HMOs regionally in all areas outside of Belfast. The Belfast HMO Office operates currently with 23.9 FTE and the Coleraine HMO office with 13.20 FTE. Based on the current operating model and the projection of registrations to 2015/16, the NIHE has proposed to transfer the following FTE staff numbers:

·         Belfast HMO Office: 14.96 FTE (currently 23.9 FTE);

·         Regional HMO Office: 11.37 FTE (currently 13.20 FTE).

2.2       The current regional operating budget for the regulation of HMOs is £1.54 million. The proposed budget transferring to the 11 new Councils is £751,000. NIHE have indicated that this reduction is based on a forecasted reduction of HMO registrations and associated costs based on a reduced resource for delivery. The Deloitte Due Diligence exercise has raised concerns with these figures.  They are subject to challenge and the Council and chief executives group are continuing dialogue with the NIHE on validation and due diligence challenge around the transfer of resources.

2.3       Discussions are ongoing with the DSD and NIHE regarding the workforce  ...  view the full minutes text for item 17.

The Committee considered the undernoted report:

“1     Background Information

1.1    The Civil Contingencies Group for Northern Ireland (CCGNI) is the principal strategic emergency preparedness body for the public sector and is chaired by the Head of the Northern Ireland Civil Service. Further to work carried out on behalf of CCGNI in February of this year the NI Executive agreed a number of measures to enhance civil contingencies arrangements at a local level.

1.2    These agreed measures provide for:

·         Establishment of four additional ‘Sub-Regional Civil Emergency Preparedness Groups’ (SCEPGs).  The new SCEPGs will between them provide cover for the rest of NI outside of Belfast with the Belfast Resilience Forum already providing this function for the Belfast area.  

·         Establishment of a CCGNI Sub-Group to oversee the work of the sub-regional groups.

·         Establishment of a CCGNI work stream to identify the need to formalise the District Council civil contingencies role and how this could be done.  This work will include consideration of the need for wider civil contingencies legislation.

·         Presentation of a draft Memorandum of Understanding (MoU) to Local Government Emergency Management Group (LGEMG) and CCGNI for agreement which sets out how district councils should continue to discharge their civil contingencies role at sub-regional level, and how CCGNI member organisations should support councils in the execution of that role.

         The purpose of this report is to bring the MoU to the attention of Members and to seek approval for it to be signed by the Chair of LGEMG on behalf of Belfast City Council.

2       Key Issues

         Memorandum of Understanding

2.1    The purpose of the MoU is to set out and confirm cross-organisational commitment to how civil contingencies roles and responsibilities should be discharged at a Sub-Regional level. Belfast is considered as one of the five sub regional areas.

2.2    The parties to the MoU are the 26 district councils and CCGNI member organisations, which includes Government Departments and their relevant agencies. The MoU also takes account of local government reform and the need to revisit the agreement with the 11 new Councils in April 2015.

2.3    The MoU sets out the basic roles and responsibilities of the respective parties in relation to preparedness, response, cooperation and information sharing. In particular it agrees that:

·         District councils shall in conjunction with PSNI co-ordinate the development and maintenance of multi-agency preparedness for their respective sub regions. Belfast City Council currently does this through the Belfast Resilience Forum.

·         District councils shall coordinate the local/sub-regional level multi-agency response to and recovery from emergencies in accordance with the terms of the CCGNI protocol for the multiagency coordination of local level response and recovery, and the protocol for escalation of the multiagency response. Again the arrangements for implementing the CCGNI protocols are included within Belfast Resilience planning arrangements.

·         CCGNI member organisations shall co-operate fully with district councils and PSNI in the execution of the district council responsibilities.

·         CCGNI member organisations shall provide information on civil contingencies matters for their sector to assist sub-regional preparedness.

2.4  ...  view the full minutes text for item 18.

            The Committee considered the undernoted report:

“1     Relevant Background Information

1.1    The Department of Regional Development (DRD) currently provides both on-street and off-street car parking spaces across Northern Ireland. As part of Local Government Reform the Northern Ireland Executive in April 2013 agreed that the ownership of off-street car parks, (excluding Park & Ride and Park & Share) their management and enforcement should transfer from the DRD to Councils on 1st April 2015.

1.2    Management of these off-street car parks will allow the Council to develop parking policies and set parking tariffs and enforcement policies that will help support the local economy, active transport and the accessibility of the City. It is estimated that the Council will be responsible for around 15% of non-residential car parking spaces in the City post transfer.

1.3    The DRD are currently preparing a transfer scheme in accordance with the provisions of the Local Government Act (NI) 2014 for the assets including land, ‘pay and display’ machines, street lighting within car parks etc and discussions with Councils are ongoing. The negotiations and due diligence on the details are being raised with DRD.

1.4    It is currently proposed that approximately 28 car parks, providing almost 1900 car parking spaces, will transfer to the new Belfast City Council. 15 of these car parks, providing almost 1300 spaces (mostly in the city centre), charge for parking. However the DRD have also indicated that a number of these fee paying car parks (approximately 6) could be retained by them for future road schemes.  The remaining 13 car parks are currently free to use.

1.5    The DRD have valued the 28 car parks transferring to the Council at £6.7 million. In 2013/14 the car parks generated approximately £1.6 million in ticket income and a further £100,000 estimated through the issuing of Parking Charge Notices (PCN’s). 

         The DRD have now provided the necessary financial information on the running costs of the car parks and the function and it was anticipated that for Belfast it will operate at a profit at the point of transfer.  However there is also a proposal that surplus income would be deducted from the overall LGR allocation.

1.6    Recently DRD have also indicated their intention not to transfer all of the original numbers/locations discussed- Members should see reference to this in the other report on the consultation Bill.

1.7    The DRD are currently consulting on the proposed legislation to give Councils the necessary powers to operate off street car parks and enforce parking contraventions therein.

1.8    A Regional Roads subgroup of the Transfer of Functions Working Group (ToFWG) has been established including a number of council Chief Executives, DRD officials and council officers to facilitate the smooth transfer of this function and consider the most effective deliver model at the point of transfer.  

2       Key Issues

2.1    It is anticipated that the new Belfast City Council will assume ownership of DRD off-street car parks (excluding Park & Ride and Park & Share) on the 1st April 2015. This would  ...  view the full minutes text for item 19.

The Committee considered the undernoted report:

“1     Relevant Background Information

1.1    As part of Local Government Reform the Northern Ireland Executive in April 2013 agreed that the ownership of off-street car parks, (excluding Park & Ride and Park & Share) their management and enforcement should transfer from the Department for Regional Development (DRD) to Councils on 1st April 2015.

1.2    Subsequently the DRD have published a consultation paper outlining their proposals for an Off-Street Parking (Functions of District Councils) Bill (Appendix 1). The draft Bill proposes to provide Councils with the necessary powers, currently available to the Department, for the operation, management and enforcement of off street car parking. The Council was asked to consider submitting a written response on the proposals by 8th August 2014.

2       Key Issues

2.1    Off-street Parking (Functions of District Councils) Bill:

         The main aim of the Bill is to provide district councils with the necessary powers to discharge the responsibilities transferring to them in relation to the future ownership, management and enforcement of off-street car park.

         The Bill proposes that the Department should retain the power to make regulations relating to off-street car parking, including the amount of penalty charges and the conditions for immobilising (clamping) vehicles and the parking devises to be used.

2.2    The Bill includes provisions enabling councils to:

·         Acquire by agreement or compulsorily any land required for the purposes of providing parking places,

·         Set conditions and parking tariffs in relation to council owned off-street car parks,

·         Appoint and authorise traffic attendants to enforce the civil provisions of the Traffic Management (NI) Order 2005 relating to off-street parking places, i.e. issue penalty charge notices, immobilisation (clamping) of vehicles etc.,

·         Instigate criminal proceedings for certain offences such as interfering with any equipment or obstruction,

·         Close a car park or part of any car park for certain special events.

2.3    Members are asked to endorse the attached response welcoming the introduction of the Bill (Appendix 2).   In summary, the response indicated that the Council strongly supports the intentions of the legislation as laid out in the explanatory memorandum and in particular the statement that ‘all assets relating to the ownership, management and operation of off-street car parks would need to transfer to councils’. 

         The Council have no real issues with the Bill as drafted but will be seeking reassurance from DRD that:

·         all car parks are transferred without any restrictions attached at the point of transfer (i.e. restrictions on the disposal of assets).

·         the making of any new regulations or the revoking or amendment of existing regulations relating to off-street car parking should be subject to consultation with local authorities.

         Any additional comments from Members will be submitted to the Department as an addendum to our original response.

2.4    Transfer of Assets:

         It is proposed that the majority of DRD’s existing off street car parking assets will transfer to the new Councils.  However, recent discussions with DRD indicate that they are proposing to exclude a number of car parks for outright transfer to the  ...  view the full minutes text for item 20.

            The Committee considered the undernoted report:

“1       Relevant Background Information

1.1      Following the election of the shadow council, the importance of communicating with the incoming and existing ratepayers and businesses of Belfast has been raised politically at various existing and shadow council committee meetings.

1.2      There is some evidence that ratepayers in new areas are still unsure of which council area they will be part of and members have highlighted the need to communicate effectively with incoming citizens and businesses

1.3      Our priority will be to ensure that any change in service provision is as seamless as possible.

1.4      While it is vital to communicate the vision and objectives of local government reform on one level, the main focus needs to be on making the information relevant to audiences, in relation to how the recipient will be affected, and ensuring effective engagement with stakeholders.

1.5      In this sense, communications requirements around reform cut across all aspects of the process – incorporating the extended boundary, the increase in members and staff, the transfer of functions to the council and any forthcoming changes to governance – but it also infers responsibility on all levels of the organisation to consider communication at each stage of their preparations.

1.6      There has been some interaction to date with the new areas but as Belfast is not yet responsible for them we have worked in conjunction with the DOE and Lisburn and Castlereagh councils. The former issued a leaflet to every home in Northern Ireland outlining the geographical areas of the 11 new councils and new powers and responsibilities that would come to local government. We worked with DOE to distribute the leaflet and accompanying poster to all BCC public facing facilitates and to place the accompanying video on the intranet and external website, and on the Big Screen.  Lisburn and Castlereagh councils also issued a publication to all homes in their current council areas and they provided Belfast City Council with some space to provide some general information to householders who would be moving.

1.7      With local government reform less than a year away – approaching 200 days - plans are being developed to communicate with the new areas while also keeping existing ratepayers informed. There have been a number articles in City Matters (which is currently only distributed in the current council area) and on our website which is open to all. We also produced an animated video in relation to LGR which is available through our website and has also been publicised on social media played on the big screen outside City Hall, as well as internally to staff.  A LGR factsheet was also produced for Members to use in the run up to the recent elections.

1.8      All our activity needs to support the Regional Communications Plan which has been developed by a communications group across all councils in which Belfast City Council has played a leading role, particularly in relation to advice on branding,  website and, social media. We have also  ...  view the full minutes text for item 21.

            The Committee noted a schedule of meetings for the period up until the end of October 2014. It was agreed that the Transition Committee would meet on the undernoted dates during September and October:

·         Monday, 15th September at 4:30 p.m.,

·         Monday, 13th October at 4:30 p.m.