Agenda and minutes

            Apologies for inability to attend were reported from Councillors Campbell, Kingston and Kyle.

            The minutes of the meeting of 2nd June 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 July.

            The Chairman (Councillor Adamson), on behalf of the Committee, welcomed Councillor F. Rodgers to his first meeting.

            (Ms. J. Lowry, Media Relations Officer, attended in connection with this item.)

            The Committee agreed to note the contents of a report which outlined the amount of media coverage and extent of press and media enquiries received concerning the work of the Committee during the period from March till June, 2010.

            The Committee considered the undernoted report:

“Relevant Background Information

      At its meeting on 2nd June, the Committee authorised that certain outstanding accounts be written off in accordance with the Council’s Financial Regulations.

      Arising from the discussion at the meeting, the Director of Health and Environmental Services agreed to submit a further report to Committee which considered whether the Council could restrict services to an associated company of a business which has gone into liquidation that had outstanding accounts with the Council, particularly where directors of the company in liquidation are also directors of the associated company.

      The Director of Health and Environmental Services agreed also to discuss the current practice of restricting publication of the detail of individual write offs with the Town Solicitor & Assistant Chief Executive, given that the publication of such information could be viewed as being in the public interest.

Key Issues

      As limited companies are separate legal entities, the Council would not normally have recourse against a company which continued to trade, where the directors were also directors of a company in liquidation. However the Town Solicitor & Assistant Chief Executive has advised that, in certain circumstances, the Council could consider withdrawing services to an associated company where the directors were also the sole or substantially the same directors of a company in liquidation which had amounts owed to the Council.

      Such decisions would, however, be required to be taken on an individual basis and would need to consider whether the company had a statutory right to the service, such as Building Regulations, or if it was in the interests of the Council to continue the service, for example Regulatory or Licensing services. The business nature of the service may also need to be considered, for example Commercial Waste Collection, where businesses pay a commercial charge for the service. Where the Council perceives that there is a risk of further financial loss in dealing with an associated company, alternative payment methods may be considered, rather than foregoing potential external income.  In such cases, the Director of Health and Environmental Services would assess, taking advice from Legal Services where appropriate whether withdrawal of service or alternative payment method is appropriate.

      The Town Solicitor & Assistant Chief Executive has also advised that there is no requirement to restrict publication of the details of individual outstanding accounts which have been written off by the Council and as such the restriction could now be removed from the Committee reports.

Recommendations

      The Committee is asked to note the advice of the Town Solicitor & Assistant Chief Executive regarding the provision of services to companies, whose directors are also directors of a company in liquidation which owe amounts to the Council and the publication of the details of outstanding accounts written off by the Council.

      The Committee is also asked to note that recommendations will be submitted to the Strategic Policy and Resources committee regarding circumstances where withdrawal of services may be considered by departments in conjunction with Legal Services and the publication of  ...  view the full minutes text for item 4b

            The Committee was advised that the absenteeism rate for the Health and Environmental Services Department for the financial year 2009/2010 was showing an average of 12.22 days per full time employee.  That figure had excluded absence related to swine flu which, if included, would be 12.32 days, and would indicate a total of 1.35 days above the target for the year.  In addition, there was an increase in the number of staff who had sickness absence during the year in comparison with the same period in the previous year.  It was pointed out that 41.34% of staff within the Department had had no sickness absence during the year, while the number of staff with long-term sickness absence had increased from 65.27% during 2008/2009 to 65.39% this year.  A list of measures to reduce future sickness absence levels had been provided also.

            The Committee noted the information which had been provided.

            The Committee considered the undernoted report:

“Relevant Background Information

      The Belfast Peace Plan is one of 14 plans led by local authorities in Northern Ireland and the BorderCounties.  The plan aims to build positive relations at the local level and tackle sectarian and racist attitudes with a focus on conflict resolution and mediation at the local community level.  The plan is 100% funded by the EU.

      Belfast City Council has been invited to develop a plan for Phase II of the programme to be submitted to Special EU Programmes Body (SEUPB) by September 2010.  An initial draft plan has been developed under the direction of the Good Relations Partnership.  The final draft of the overall plan will be taken back to the Good Relations Partnership (and to the Strategic Policy and Resources Committee) in August, however this report is to advise the Health and Environmental Services Committee of projects proposed for phase II of the Belfast plan to be led by the Health and Environmental Services Department.

Key Issues

      Four projects were proposed originally by the Health and Environmental Services Department which were deemed to match programme objectives and subscribe to the work undertaken by the Health and Environmental Services Committee.  The indicative budget required for the 4 projects was estimated at £1.865m from a total council bid of £7.845m.

      At the Good Relations Partnership meeting on 25th June it was agreed that one of the four Health and Environmental Services proposals should be withdrawn (North and West household recycling centre – a new shared space - indicative budget £750k).  It was concluded that risks associated with obtaining necessary planning approvals to develop a site at Springvale may have resulted in failure to complete the project within the Peace III programme timeframe.

      Work is continuing to develop detailed cases for the following 3 projects for submission to the managing authority for the programme (SEUPB) in September.  The anticipated cost/income for the remaining projects is in excess of £1m.  An outline summary of each proposal is listed below.

1.   Belfast sectarian and racism tension monitoring and

      response project – indicative budget £600,000

      The primary purpose of tension monitoring is to reduce the impact and number of actual or potential community tensions at interfaces and across neighbourhoods in the city.  This project is based on a strategy of establishing a multiagency approach to improve communication, information sharing and community engagement to manage and respond rapidly to community tensions before they rise to such an extent that it results in unrest and violence.  It seeks to:

·         coordinate a multi-sectoral approach to monitoring and responding to identified community tensions and delivering targeted responses that reduce or minimise the impact and number of community tensions, before they get out of control;

·         provide a process whereby quantitative and qualitative information is collated and analysed to inform understanding of community tensions; and

·         engage with relevant communities and partners, in particular those from  underrepresented and at risk groups; for example, those living in areas  ...  view the full minutes text for item 4d

            The Director of Health and Environmental Services informed the Committee that the Association for Public Service Excellence would be holding its annual seminar in Londonderry during the period from 7th till 9th September.  She explained that the theme of this year’s conference would be “Armageddon or Managed Transformation: Where to Next for Local Government’s Front Line?”, which would explore how Local Government sustained excellence in service delivery during a period of financial constraints and would focus on issues such as cleaning and greening, waste to energy and healthy communities.  In addition, the event would incorporate a session for Elected Representatives.

            She reported that, given the focus and content of the conference, it would be particularly useful in promoting the Council’s good practice and would provide an excellent opportunity to network with other Local Government representatives.  Accordingly, she recommended that the Chairman and the Director of Health and Environmental Services (or their nominees) be authorised to attend the annual seminar and Awards dinner.  The cost per delegate for attendance at the event would be approximately £500.

            The Committee adopted the recommendation.

            The Committee considered the undernoted report:

“Relevant Background Information

      Members will recall that the present alcohol bye-laws regarding the consumption of intoxicating liquor were made by Belfast City Council on 1st February, 2007 and came into operation on 12th September, 2007.  Since this date, there have been numerous requests submitted for further streets and other areas to be considered for inclusion in the schedule to the bye laws.

      At Health and Environmental Services Committee on 12th April 2010, the Committee agreed to undertake a review of the streets and areas designated currently within the bye-laws prohibiting the consumption of alcohol in designated streets.

      Since this date the following groups and individuals have been consulted:

·         Various community groups / general public

·         PSNI

·         BCC Party Group Leaders

·         DPP Members

·         BCC Community Safety Team

·         BCC Policy Officers Group

·         Parks and Leisure (BCC)

·         CSP Strategic Tier (Members include Northern Ireland Housing Executive, Belfast Health and Social Care Trust, Department of Justice- Community Safety Unit, Translink, Belfast City Centre Management, NI Fire and Rescue, Youth Justice Agency, NIACRO, Belfast Education and Library Board, PBNI, Victim Support, NI Ambulance Service, NI Alternatives and Belfast Regeneration Office)

Key Issues

      Further to this consultation, details of the proposed additional streets to be added to the bye laws are set out in the attached appendix.

      Members may wish to note areas of private land to be included within the alcohol bye laws.  These areas have been suggested by the PSNI and permission has been sought from the land owners.  This will allow the PSNI to enforce the alcohol bye laws in respect of over 18 year olds detected drinking intoxicating liquor on these pieces of designated, private land. 

      Once the Committee has agreed the additional streets and areas as set out in the appendix, the proposed updated bye laws will be sent to Belfast City Council’s legal services section who will submit the draft bye laws to the Department for Social Development (DSD) for preliminary approval.  If DSD suggest any amendments, these have to be agreed via the Committee. 

      Once there is a preliminary agreement with DSD, a report outlining the new draft bye laws, incorporating the additional streets, will then be put before the Committee for adoption and the statutory process for making the bye laws followed, ie:

·         A formal Resolution is moved at a full Council meeting;

·         A Public Notice is inserted in the press;

·         After one month from the date of the notice, an application is made to the DSD for confirmation of the bye laws; and

·         The by-laws come into effect.

Resource Implications

      A public notice is to be placed in local press regarding the making of the new bye laws.  The cost is estimated at £1200 based on previous similar sized notices and will be accommodated within existing revenue estimates. 

      There will also be costs associated with the purchase and erection of ‘alcohol free zone’ signs in the areas which are newly designated.  Again, these costs have been included within  ...  view the full minutes text for item 5a

            The Head of Environmental Health reported that the Association of Port Health Authorities was a United Kingdom-wide organisation which represented the interests of Local and Port Health Authorities which had responsibility for public health and environmental health controls both at sea and airports.  The Association was directed by an elected Executive Board and had a number of Technical Committees which dealt with various aspects of port health work.

            She reported that the Council was a corporate member of the Association and at its Annual General Meeting, which had been held in Manchester during September, 2008, the Chairman (Councillor Adamson) had been re?elected to the Executive Board of the Association for a period of two years and at the Annual General Meeting held in Newcastle during September, 2009 he had been elected as Chairman of the Imported Feed and Food Committee for a period one year.  In addition, Councillor McCarthy was the ongoing President of the Authority and it was anticipated that a new President would be elected during September, 2010.

            The Head of Environmental Health stated that nominations were being sought in connection with the elections at the Association’s Annual General Meeting in September for the Executive Board of the Association and the Chair of the Imported Feed and Food Committee.  Accordingly, she recommended that the Committee nominate the Chairman (Councillor Adamson) for re-election to the Executive Board for a period of two years and also for election as Chairman of the Imported Feed and Food Committee for a period of one year.

            The Committee adopted the recommendations.

            The Committee considered the undernoted report:

“Relevant Background Information

      During discussion at the Health and Environmental Services Committee meeting of 2nd June 2010, it was agreed that the merits of whether any additional information in relation to previous Health Impact Assessment reports on the George Best Belfast City Airport (GBBCA) runway extension should be considered in preparation for the proposed public enquiry.

      It was noted that the applicant (BelfastCity Airport) had conducted a Health Impact Assessment (HIA) through consultants, RPS, as part of their planning application and some Members had attended a workshop on 19th October as part of that exercise.  It was also noted that Belfast Healthy Cities, supported by the Council, had commissioned an independent review, carried out by Ms Erica Ison (HIA expert), of the applicant’s HIA.  This report had been comprehensive and submitted to the Planning Service along with a Council response to the planning application in November 2009.  A copy of the Council’s response is attached.

      Following discussion, this Committee agreed at its last meeting that a report on the merits or otherwise of Belfast Healthy Cities undertaking a further Health Impact Assessment, including a timeframe for completion and anticipated costs, be submitted to its next meeting.  This report is in response to that request.

      Belfast Healthy Cities (BHC) has advised that the costs of a Health Impact Assessment depend on the amount of work which is required.  It can vary from a desk top HIA at around £5,000 to over £20,000 for a more significant piece of work. Following further discussions with Belfast Healthy Cities and indirectly with the HIA expert it was considered that the main gap in the HIA report that existed was community engagement workshops.

      Belfast Healthy Cities have contacted the Ms Ison who conducted the HIA review and requested information regarding:

1)   what, in addition to the reports that have already been produced, would be required to add value; and

2)   what would be the full overall costs of any additional work?

Key Issues

      Members are advised that the Council has submitted a response on the HIA carried out by the applicant.  It is unlikely that a full new HIA would add value as it is likely to revisit many of the areas already covered in the existing HIA report and the review report.

      The Health Impact Assessment expert Ms Erica Ison who carried out the previous review has advised the following three main areas would add value:

1.   The previous work would benefit from a revised community profile - this may not mean a lot of work because as part of the URBACT II Project, a profile for East Belfast was put together in 2009 by Christine McMaster (HPA), Jonna Monaghan (BHC) around regeneration.  Ms Ison has suggested working to get data from local GPs about hypertension, mental health issues, etc to further add value to this work.

2.   There needs to be stakeholder consultation particularly with the communities affected by the flightpaths  ...  view the full minutes text for item 5c

            The Committee considered a report in relation to a recent incident which had involved the Council’s Dog Wardens seizing a dog which they had considered to be a breed which was proscribed under the Dangerous Dogs (Northern Ireland) Order and, therefore, could not legally be kept by its owner.  Pending legal proceedings, the dog was currently being kennelled by the Council.  The Head of Environmental Health reported that a website seeking public support to have the dog released back to its owner had been developed and that threats had been received by the Dog Warden involved.  Accordingly, steps were being taken by the Council in conjunction with the Police Service of Northern Ireland to ensure that the Warden’s health and safety was being protected.

            After discussion, the Committee agreed that a letter be forwarded to the Dog Warden thanking her for her work and offering its support.

            The Committee considered the undernoted report:

“Relevant Background Information

      The Health and Safety Executive for Northern Ireland (HSENI) and the 26 district councils share responsibility for regulating workplace health and safety. They apply similar legislation in different business sectors, with district councils being responsible for regulating the service, retail and entertainment sectors. The economic and social significance of improving workplace health and safety standards in terms of reducing the number of workplace accidents, reducing absenteeism and getting people back into work creates a compelling argument for HSENI and district councils to work together in developing cohesive and complementary planning arrangements and in applying collective resources in the most effective way to raise workplace health and safety standards across Northern Ireland.

      In a report to this Committee in April 2009, a set of proposals for new partnership arrangements were outlined. These included a statement of intent and an agreed joint strategic framework incorporating a set of guiding principles for the health and safety regulatory system in Northern Ireland.

      The statement of intent set out 3 main commitments:

·         agree a joint strategic framework that identifies a set of guiding principles for the health and safety regulatory system in Northern Ireland;

·         work together to develop arrangements that will embed and deliver closer partnership working; and

·         introduce a system that will facilitate effective joint planning and delivery at all levels between HSENI and district councils.

      The Committee agreed that the Council should endorse the proposed working arrangements with HSENI and the statement of intent and strategic framework were signed by the Chief Executive on behalf of the Council in May, 2009.

      Following on from this, the district councils and HSENI worked together to develop a strategy for the better regulation of health and safety at work in Northern Ireland. A copy of the draft strategy is attached.

Key Issues

      This draft strategy represents a highly significant development in the joint commitment between HSENI and the district councils as regulators. It is a high level strategy that establishes a very clear framework for future joint planning and provides the opportunity for a fully coordinated approach to the regulation of health and safety at work.

      The strategy enables HSENI and the district councils to be more proactive and innovative in sharing resources and expertise effectively to address the needs of employers, employees, and others who may be affected by work activities and in so doing it will impact positively on the wellbeing of both Northern Ireland’s population and its economy.

      This new single strategy sets out a ‘blueprint’ for health and safety regulation in Northern Ireland and the future operational plans of HSENI and the district councils will align with the goals that are set down within it.

      HSENI is coordinating a consultation exercise seeking comments on the draft strategy from interested groups before 27th September, 2010. Senior officers from Belfast City Council were involved with HSENI in developing the strategy and hence it is recommended that Committee agrees to send a letter  ...  view the full minutes text for item 5e

            The Committee considered the undernoted report:

“Relevant Background Information

      Strabane District Council, at its meeting on 23rd March, agreed that the Chairman of the Council should write to the Office of the First and Deputy First Minister (OFMDFM) regarding the problems people in their district were facing with respect to fuel poverty in general and high energy prices in particular.

      The Chairman of Strabane Council subsequently wrote to the OFMDFM on 30th March requesting that their office initiate the necessary procedures to set up a strong regulatory framework for oil, solid fuel and Liquefied Petroleum Gas (LPG).

      Strabane District Council also sought the support of all other Councils in Northern Ireland on this matter and forwarded a copy of their letter to each of the other 25 district councils, including Belfast.

      A letter of response was forwarded on 14th May to the Chairman of Strabane District Council from the OFMDFM.  A response was issued also to Councillor John Matthews, President of the Northern Ireland Local Government Association (NILGA) as he had offered the support of NILGA.  The OFMDFM response, however, did not offer any expectation that it would accede to the request although it did make reference to the new Fuel Poverty Strategy due to be issued for public consultation.

Key Issues

·         Over 34% of people in Northern Ireland are in fuel poverty (2006 House Condition Survey [HCS]).

·         According to the 2006 HCS, 38% of households in Belfast are in fuel poverty but, with rising fuel costs and continuing economic problems, the 2009 figure, due in the autumn of this year, is likely to be significantly higher.

·         70% of people use oil, 5% use solid fuel, 5% use electricity and 12% use gas.

·         The utility regulator’s responsibilities include gas and electricity but not oil, solid fuel or LPG.

·         In January of this year when temperatures dropped to as low as -11°C the average price of 900 litres of oil rose by around £25.  This demonstrates how exposed vulnerable people are to unregulated oil prices.

·         The Consumer Council is concerned that the most vulnerable customers, who cannot afford to purchase 300-500 litres of home heating oil in one transaction, are left with no option but to use 20 litre drums and can end up paying an additional 57 pence/litre.

·         An added problem with the 20 litre drums, particularly for the frail or elderly, is the method of transfer into their oil tank.  This can present serious health and safety risks.

·         Strabane District Council has written to the OFMDFM calling for a regulatory framework for oil, solid fuel and gas and has copied this correspondence to all other district councils seeking their support on this matter.

·         Mr. John Matthews, President of NILGA, has written to OFMDFM supporting the call to set up a regulatory framework for oil, solid fuel and gas.

·         The OFMDFM has responded to Strabane District Council, however, their position does not provide any expectation that they are currently considering a wider regulatory framework.

·         The OFMDFM has also  ...  view the full minutes text for item 5f

            The Committee considered the undernoted report:

“Relevant Background Information

      In May of last year, the Department for Social Development (DSD) published a consultation document ‘Building Sound Foundations: a Strategy for the Private Rented Sector’. The Council provided a detailed response to this consultation at that time and the Department indicated that, subject to the results of the consultation, the proposals in the strategy would be included in a proposed Housing Bill.

      On 7th December 2009 the DSD published a further consultation with respect to the Housing Bill with additional proposals for the regulation of Houses in Multiple Occupation (HMOs), different approaches to tackle fuel poverty and a range of suggestions to build on existing powers to deal with homelessness and community safety with regard to tenants. The Committee considered this at its meeting of 3rd February 2010 and subsequently submitted a detailed response which was ratified by the Council on 1st March.

      The Housing (Amendment) (No.2) Bill was formally introduced to the Northern Ireland Assembly on 22nd June 2010 and has been referred to the Committee for Social Development for the Committee Stage. The stated purpose of the Bill is to enable better regulation of the private rented sector, provide new tools to tackle fuel poverty, promote effective housing management and clarify existing law in respect of homelessness. The clerk of the Committee for Social Development has written to the Council’s Chief Executive outlining the main provisions of the Bill and inviting written evidence on behalf of the Council for the Committee Stage of the Bill.

      Whilst the previous Council submissions continue to be pertinent to the main thrust of the Bill, there are some points which may require additional clarification.

      On 1st March 2010, the DSD published proposals for a Regeneration and Housing Bill which included provision for district councils to promote energy efficiency within their own areas. The Council did respond to that consultation through the Strategic Policy and Resources Committee of 15th April, 2010 including comments on the energy efficiency proposals. That provision however is now being taken forward in the Housing (Amendment) (No. 2) Bill.

      The Committee has requested that any written evidence should be forwarded to them, preferably by e-mail, by Monday 23rd August.

Key Issues

      The Draft Bill:

·         The Housing (Amendment) (No.2) Bill has been referred to the Committee for Social Development for the Committee Stage.

·         The Council has been invited to submit written evidence.

·         The Council has already submitted two detailed responses to Housing Bill consultations in 2009 and 2010.

·         The Council submissions continue to be broadly pertinent to the draft Bill.

·         The Bill enables the Department to make regulations for a mandatory registration scheme for all private landlords however the Committee indicates that the scheme is described as ‘light touch’.

·         The Department has not clarified which authority would regulate the rent deposit scheme.

·         Proposals to give district councils powers to promote energy efficiency were originally included in a draft Regeneration and Housing Bill and are now included  ...  view the full minutes text for item 5g

            The Committee considered the undernoted report:

“Relevant Background Information

      The purpose of the Caravans Bill is to introduce statutory protections for caravan owners who occupy a caravan as their main residence and caravan owners using seasonal sites.

      An officer response was forwarded to the Committee for Social Development on 2nd June 2010 by the Director of Legal Services.  Whilst broadly welcoming the provisions of the Bill on behalf of the Council, the Director of Legal Services sought clarification with regard to enforcement responsibilities under Part 3 ‘Protection of residential occupiers from eviction and harassment’.  In the original Caravans Bill, Part 2, ‘Provision for Protection of Occupiers of Caravans’ it was intended that district councils would have a role in the enforcement of the protection of occupiers of caravans.  This has been omitted in the redrafted Caravans Bill and there appears to be no explicit authority for any statutory body to enforce Part 3.  Given that such offences within the Private Rented Sector are enforced by district councils (by virtue of the Rent (Northern Ireland) Order 1978 as amended) and that district councils are responsible for licensing caravan sites (under the Caravans (Northern Ireland) Act 1963), it was suggested that the proposed legislation is amended to grant councils the power to investigate and prosecute complaints of harassment and eviction.

      Although the Department had stated that the Bill did not give rise to any issues of selectivity affecting any groups listed in Section 75 of the Northern Ireland Act 1998, the Director of Legal Services noted that good practice would dictate that Section 75 should be considered and the Council would urge that a full human rights impact assessment (including an Equality Impact Assessment) be conducted on the Bill as the legislation appears to affect the Traveller Community and potentially the elderly.

Key Issues

·         The purpose of the Caravans Bill is to introduce statutory protections for caravan owners who occupy a caravan as their main residence and caravan owners using seasonal sites.

·         The Director of Legal Services forwarded an officer response to the Department on 2nd June 2010.  A copy of this letter is attached.

·         There appears to be no designated enforcing authority for the provisions of Part 3 relating to the protection of occupiers against eviction and harassment.

·         The Council would recommend that district councils are given the power to investigate and prosecute complaints of harassment and unlawful eviction given that similar offences are enforced by district councils under the Rent (NI) Order 1978.

·         As the Bill appears to directly affect the Irish Traveller Community and potentially the elderly, the Council would recommend that a full human rights assessment be carried out.

·         The Director of Legal Services informed the Assembly Committee Clerk that the Bill would be considered by the Health and Environmental Services Committee in August and that any further views expressed by the Council would be forwarded to the Committee for Social Development for their consideration.

·         A copy of the Bill and Explanatory and Financial Memorandum can  ...  view the full minutes text for item 5h

            The Committee considered the undernoted applications for the naming of streets in the City:

            The Head of Building Control informed the Committee that the Royal Mail had no objections to the proposed names and that they were not contained within the Council’s Street Register and did not duplicate existing approved street names in the City.

            Arising from discussion in the matter, a Member pointed out that the residents of the area had had objections in relation to the naming of St. Kevins Walk.

            After discussion, the Committee granted approval for the naming of Clonavogie Gardens and agreed that the applicant be requested to submit an alternative street name in respect of St. Kevins Walk.

            (Mr. D. Rogan, Building Control Manager, attended in connection with this item.)

            The Committee considered the undernoted report:

“Relevant Background Information

      The District Rate accounts for 74% of the Council's total income. It is therefore the most important source of income to support our annual expenditure. For several years the Council has been working in partnership with Land & Property Services (LPS) to ensure the billing and collection of all rates that are due.

      This has been specifically in relation to providing information through our:

·         building regulations applications to facilitate early and accurate valuations;

·         sharing address data as new addresses are created;

·         promoting benefit and rate relief take up; and

·         carrying out inspections of properties to confirm occupancy and collate ownership and occupant details.

      Members will be aware that this work has culminated in a Memorandum of Understanding (MoU) between LPS and the Council whereby both parties have agreed to work in partnership for mutual corporate interests on a series of issues. This MoU was discussed when LPS attended the Budget and Transformation Panel in March.  One of the issues to be addressed is maximising the legitimate rateable income for the city.

      Recently a Local Authorities/LPS Strategic Steering Group (SSG) was formed to ensure a more joined up approach across all 26 councils following the work carried out in Belfast.  In addition to LPS that group has representation from the Society of Local Authority Chief Executives (SOLACE), the Northern Ireland Local Government Association (NILGA) and Northern Ireland Building Control (NIBC).  Additionally, Ronan Cregan, the Council’s Head of Finance and Performance, has been co-opted on to the group to provide specialised input in relation to local authority finance.

      It is the responsibility of LPS to manage records of properties that are occupied and vacant throughout Northern Ireland. As requested through Committee, officers have sought assurances that LPS manage this more robustly than occurred during the period of rating reforms, when the Agency encountered difficulties in resourcing work to ascertain the occupancy status of properties and collect full ratepayer information. Through the Local Authorities/LPS Strategic Steering Group (SSG), LPS has presented a Vacancy/Occupancy Strategy which involves, amongst other things, more robust measures in recording when a property becomes vacant and a plan to integrate new data sources such as utility company records. The strategy also involves councils playing a significant role, specifically in the sharing of data to support valuation of properties and issuing of rate bills based on timely and accurate information.

      In 2007 and 2008, Council staff undertook, on behalf of LPS, occupancy inspections of properties which had been recorded as vacant or where there had been difficulties collecting ratepayer names and dates of occupation. LPS funded the exercise on the basis of £7 per completed inspection and occupancy report. In Belfast staff from the Building Control Service carried out in excess of 12,000 surveys realising that over 50% of the previously recorded vacant properties were in fact occupied and therefore were subsequently billed for  ...  view the full minutes text for item 6b

            The Committee considered the undernoted report:

“Relevant Background Information

      This report provides the Committee with an update on the Council’s NILAS and recycling rate over the past quarter.  This report also provides Members with some indicative projections arising from the introduction of new recycling and waste diversion schemes which are likely to be needed up to 2020.  These schemes are being developed in conjunction with arc21 in order to address the emerging requirements of the EU Waste Framework Directive which has identified 2020 as the target year.  At this time, councils will be required to have achieved a 50% recycling and composting rate. 

      The EU Waste Framework Directive (EU WFD) is in the process of being transposed into national legislation this year both in Great Britain and Northern Ireland, and two consultation exercises are currently underway at present on this legislative process. 

Key Issues

      NILAS

      Members will be aware that the Service has been providing regular updates on the Council’s performance against the Northern Ireland Landfill Allowances Scheme (NILAS) targets.  These were set by the Department of the Environment (DOE) for each council on an annually reducing basis between 2006 and 2020.  These allowances incorporate the step change reductions in the amount of biodegradable municipal waste (BMW) permitted to be landfilled by each council in 2010, 2013 and 2020 in accordance with the EU Landfill Directive (LFD) target years.

      Since the introduction of NILAS in 2005/06, the Council has until 2009/2010 met its annual NILAS obligations.  This has been achieved by the Council delivering substantial changes in its waste collection and management operations in order to divert annually increasing volumes of waste from landfill through the development of new facilities and the introduction of various recycling schemes over the past five years. 

      In addition, the municipal waste growth rate has exhibited a slowdown in more recent years.

      The Council’s compliance with NILAS changed in the target year 2009/10, with the Council exceeding its allowance by 1,376 tonnes; an overshoot of 1.9%.  The primary reason for this exceedence was the step change in the level of allowances between 2008/09 and 2009/10 rather than any decrease in recycling performance. 

      The tonnage recycled continues to grow and, at 34,417 tonnes, it was 0.3% greater than the equivalent tonnage achieved last year.  This means the Council will need to transfer in NILAS allowances from each of the arc21 constituent councils in order to meet its obligations.  The Council is working with arc21 to implement the methodology for these transfers.  The completed transfer request must be submitted to the DOE by Thursday 30 September 2010.

      It is anticipated that due to the introduction of food waste into the brown bins from April 2010 onwards the Council will meet its NILAS obligations for 2010/11 and 2011/12 before returning to a deficit situation from 2012/13 onwards.

      The projections in relation to the Council are based on a number of key assumptions:

·         A waste growth rate of 0.4% per annum has been applied from 2010/11 onwards.  ...  view the full minutes text for item 7a

            The Committee was reminded that, at its meeting on 11th June, 2007, it had approved the establishment of an All-Party Working Group on the Waste Plan Implementation to act as a reference point for work on waste management within the Department.

            The Director pointed out that that group had met briefly to discuss the implementation of the Council’s Waste plan.  However, its discussions had been effectively overtaken by the establishment of an ad hoc Officer/Member Working Group which had been established to consider proposals for the arc21 residual waste treatment facilities and the subsequent party group briefings.

            She stated that, given the corporate priority which the Council was continuing to afford to waste management, the current proportion of the budget allocated to that function, the significant forthcoming policy decisions, the persistent compliance issues in terms of meeting the European Union Landfill and Waste Framework Directives and how the Council could best respond to the issues in the medium term, it was considered important that that Working Group should be reconvened.

            Accordingly, it was recommended that:

(i)      the Committee approve the re-instatement of the All-Party Waste Working Group comprising the Chairman and Deputy Chairman (or their nominees) and a member from each of the Party Groups not represented by the Chairman and Deputy Chairman; and

(ii)     the Group be established for a period of two years, with a review of the continued requirement taking place prior to 30th September 2012.

            The Committee adopted the recommendations.

            The Committee agreed that a special meeting be held in order to consider various waste management issues which will have a major impact on the Council.

            The Committee considered the undernoted report:

“Relevant Background Information

      The Department of Environment for Northern Ireland (the DOE) recently launched a £3.13 million fund which was open to councils in order to assist with the roll-out of additional recycling and re-use schemes.

      On 28 May, the Minister for the Environment, Mr Edwin Poots, announced the ‘Rethink Waste’ Fund during a visit to the Council’s Ormeau Recycling Centre.  The fund is being administered by the Waste and Resources Action Programme (WRAP).

      The fund has been specifically developed to cover the cost of capital items for which councils can submit proposals either individually, or in partnership with other councils or the community and voluntary/private sector.  The community and voluntary/private sector however are excluded from applying directly for funding.  The funding made available for councils must comply with certain criteria, one of which is that the money must be spent before 31 March 2011.

      Examples of the type of schemes for which funding may be available include:

·         improvements or extensions to kerbside collection schemes;

·         improvements or extensions to Household Recycling Centres (HRCs);

·         the introduction of home composting schemes; and

·         the introduction of/improvements to bulky household waste collections.

      Speaking at the launch of the fund Minister Poots said ‘I recognise that all Northern Ireland’s councils have made excellent progress in boosting recycling rates in recent years. However, I am convinced that with the right support further improvements can be achieved and I am keen to assist councils in doing this.’

      Under the criteria set out in the ‘Rethink Waste’ Fund the Waste Management Service lodged 3 applications for the following equipment:

·         A shredding machine to facilitate mattress recycling.

·         Two pre-fabricated buildings, two lock up steel containers, four electric trucks and associated signage for storage of items for ‘reuse’ at the Council’s HRCs.

·         The installation of new wireless on-board weighing equipment to collect data from recycling collection rounds.

Key Issues

      The DOE has stated that it will be announcing successful projects at the end of August 2010.  Should the Council receive funding approval for any or all of its submissions, and in order to comply with the criteria set by the DOE, the contracts must be awarded and monies spent before the end of this financial year.  A further criterion worth noting is that all projects must be scheduled to run for a minimum of three years.  Given that the fund is for capital expenditure, the criteria and spend timeframes have presented significant challenges.  However, the Council has submitted bids for the following three projects.

      1.   Mattress Recycling

      The objective of this project is for the Service, in partnership with a suitable commercial or third sector organisation, to purchase a mattress shredding machine to increase the amount of waste diverted from landfill.

      It is estimated that 40,000 mattresses are currently discarded in Belfast each year.  Each mattress weighs 0.02 tonnes (approx.) and contains materials such as steel and textiles which could be recovered. 

      The mattresses are  ...  view the full minutes text for item 7d

            The Director sought and was granted authority to instigate a tendering exercise in relation to the collection and recycling of scrap metal from the Council’s recycling centres and civic amenity sites for a one year period, with the option to renew on a yearly basis for a further period of three years, subject to satisfactory performance.  It was anticipated that this contract would generate income in excess of £10,000 per annum for the Council.

            The Committee noted that the tenders would be evaluated against criteria based on both cost and quality and, in accordance with the authority delegated to her, the Director would be accepting the most economically advantageous tender submitted.

            The Committee considered the undernoted report:

“Relevant Background Information

      A Member of the Committee has requested that a report be brought to Committee on the issue of the approach taken by Enforcement Officers when dealing with illegally deposited black bags of waste in alleyways.

      The Council has been collecting waste in wheeled bins for a considerable number of years, and, whilst there is a requirement that all residents will present their waste in a bin, there is a significant proportion of residents who fail to present their waste in a bin and leave it in bags in the alleyways behind their homes, either on their scheduled refuse collection day or on days which are not their scheduled refuse collection day.  The presence of waste on any day other than bin collection day is not only unsightly but bags can be disturbed and torn open which creates larger quantities of loose waste and litter on the streets and particularly in alleyways, thereby requiring additional resources to clean up and remove deposited waste.  Bagged and loose waste also creates issues around attracting rodents, risks to public health and the deterioration of the general amenity of the area.

      The large quantities of bagged waste, generated by residents, require additional resources in the form of dedicated Entry Clearance Squads.  These teams are responsible for removing the excess quantities of waste that are deposited mainly in alleyways and on some streets.

      Cleansing Services is currently devising a draft Waste Collection Policy which will define how the Council expects all households to manage and present their waste in the future so that it does not become a littering or health issue.  A future report will be brought to Committee once a draft policy is developed.

Key Issues

      The Enforcement Team within Cleansing Services is responsible for enforcing matters relating to littering and the illegal depositing of waste, as well as ensuring that bins are used correctly to prevent nuisance.  In view of the excessive quantities of waste found in our streets, alleyways and on vacant ground, the Enforcement Team dedicates a significant amount of effort, through enforcement, in an attempt to reduce the quantities of bags and waste which are illegally dumped. 

      The current practice in relation to such illegal dumping is as follows. A fixed penalty would not be issued for the depositing of side waste on bin collection day in weekly bin collection areas.  However, a fixed penalty notice will be issued if bagged waste is deposited at a time outside of bin collection day. This current practice is based on providing a deterrent to illegal dumping of bagged waste.

      It is estimated that the Enforcement Officers investigate over 9000 incidents of dumped waste over the course of a year and a large proportion of this waste comprises of black bags and loose waste left in entries and streets.  In areas of the city where there are recurrent and widespread problems of dumped waste, the Enforcement Officers may send out general warning letters  ...  view the full minutes text for item 8a

            The Committee agreed to note the contents of a report in relation to illegal flyposting throughout the City and the lack of powers available to the Council to effectively deal with the problem.  In addition, the Committee noted the progress which had been achieved in respect of the Clean Neighbourhoods legislation and the ongoing initiatives to provide promoters with alternatives to fly posting.

            The Committee considered the undernoted report:

“Relevant Background Information

      The figures presented in this report cover the first quarter of the financial year i.e. the period from April 2010 to June 2010.  Monitoring figures were measured by Cleansing Services Quality Officers.  Enforcement, and Education and Awareness information was supplied by the Customer Support Service, and the Community Awareness Section within Cleansing Services, who were responsible for these functions over the period concerned.

      The monthly monitoring programme consists of a random 5% sample of streets throughout the city being inspected and graded.  From the grading, a Street Cleanliness Index is calculated and plotted for the various areas of the city, and the city as a whole.

      The index range is from 1 to 100; with a Cleanliness Index of 67 being regarded as an acceptable standard by Tidy NI.  The results show the trends on a month to month basis.  To alleviate the influence of spurious results on the overall index, the results are averaged over the last 4 surveys.  Spurious results may occur for reasons such as adverse weather conditions, seasonal problems etc.

Key Issues

      The overall city wide cleanliness index for this quarter is 76.  This is an increase of 2 on the score from the previous quarter’s cleanliness index of 74.  The index for the same period in the previous year was 74.

      The breakdown by individual area is as follows:

      North

      The North Cleanliness Indices for April 2010 to June 2010 were 73, 75 and 76 respectively.  This represents a small decrease for April (down 1), a similar score for May (75), and an increase for June (up 5), by comparison to those figures for the same period in the previous financial year viz. 74, 75 and 71 respectively. 

      The area is maintaining a consistently very good level of cleanliness

      South

      The South Cleanliness Indices for April 2010 to June 2010 were 79, 79 and 77 respectively.  This represents an increase for April (up 3) and May (up 3), and a small decrease for June (down 1) by comparison to those figures for the same period in the previous financial year viz. 76, 76 and 78 respectively.

      The area is maintaining a consistently very good level of cleanliness.

      East

      The East Cleanliness Indices for April 2010 to June 2010 were 76, 78 and 79 respectively.  This represents an increase for all three months, with April (up 2), May (up 1) and June (up 2), by comparison to those figures for the same period in the previous financial year viz. 74, 77 and 77 respectively. 

      The area is maintaining a consistently very good level of cleanliness.

      West

      The West Cleanliness Indices for April 2010 to June 2010 were 71, 74 and 75 respectively.  This represents a similar score for April (71), and an increase for May (up 3) and June (up 3), by comparison to those figures for the same period in the previous financial year viz. 71, 71 and 72 respectively. 

      The area is maintaining  ...  view the full minutes text for item 8c