FERMANAGH DISTRICT COMHAIRLE CHEANTAR COUNCIL FHEARMANACH POLICY AND RESOURCES COMMITTEE Minutes of the meeting of the Policy and Resources Committee held in the Council Chamber, Townhall, Enniskillen on Wednesday 27th July 2005 at 7.30 pm. PRESENT: Councillors Thomas O’Reilly (Chairman), Tom Elliott, Arlene Foster, Gerry Gallagher, Stephen Huggett, Bert Johnston, Bertie Kerr, Brian McCaffrey, Gerry McHugh, Fergus McQuillan, John O’Kane and Bernice Swift APOLOGY: Councillor Ruth Lynch IN ATTENDANCE: Chief Executive, Director of Finance and Information Technology and Head of Administration PR71/05 MINUTES The minutes of the meeting held on Wednesday 22nd June 2005 were approved and signed. PR72/05 MATTER ARISING – COUNCIL NOMINATIONS TO LIMITED COMPANIES (PR55/05) The Committee was advised of a letter received from Local Government Audit Office in relation to the involvement of Councils with Limited Companies and nomination of Members to those bodies. A copy of the letter from Local Government Audit Office and the relevant legal opinion was tabled for Members’ consideration. The Local Government Auditor indicated that on the basis of the legal opinion, the nomination of Councillors to Limited Companies was ultra vires and that the Chief Executive, as the Chief Financial Officer, could no longer approve the payment of associated expenses and allowances to Members. The Committee was advised that the Council’s legal adviser had been consulted and had agreed with the course of action. The Committee was provided with a list of the companies involved and it was indicated that all would be written to advising of the Council’s position. This letter would clearly set out the Council’s position and would inform the Companies that the Council’s previous nominations were no longer effective. If the Companies wished to invite Councillors to participate in their activities then they would merely be seeking individual representatives with a democratic mandate and not representatives of Fermanagh District Council and the 2 Council could not make nominations to assist them in this matter. This would be a matter entirely for the Companies. It was agreed that a letter would be sent to all Councillors setting out the Council’s position together with a copy of the correspondence received from the Local Government Auditor The Committee was advised that the same principle applies to Council Officers who participate in Company arrangements on behalf of the Council. Mobile Phones In relation to the provision of mobile phones to Members the High Court had ruled that the payment for Member’s calls was unlawful. The Committee was reminded that this Council’s policy was that Members pay for all their own calls. RECOMMENDED: That the Council write to the Department of Environment, Local Government Division, expressing concern at the ruling in relation to representation on limited companies which, it was indicated, would have a detrimental effect on the work of the Council. PR73/05 FINANCIAL REPORT The Committee considered the Financial Report for the month of June 2005 which detailed a summary of the gross and net cost of service provision for the three months ended June 2005. Net expenditure for the period amounted to £1,714,706 out of an annual budget of £9,502,110. Capital expenditure for June 2005 amounted to £245,592 and related to Queen Elizabeth Road Boulevard and Drummee Waste Disposal Site. The Committee then considered the gross expenditure, gross income and net cost of service provision in relation to leisure, environmental, regulatory, miscellaneous and support services PR74/05 TENDERS (a) 2 No. Small Diesel Vans The Committee was advised that tenders had been sought by public advertisement and tenders had been received as follows:- 3 TENDERER MAKE & MODEL PRICE £ Donnelly Brothers Ltd., Citroen Berlingo 1.9 14,836.00 Enniskillen. DLX Mervyn Stewart Ltd., Fiat Doblo Cargo 1.3 £16,703.06 Belfast Lindsay Ford, Transit 200 SWB £17,144.00 Lisburn Connect Mervyn Stewart Ltd., Fiat Doblo Cargo 1.9 £17,177.56 Belfast RECOMMENDED: That the tender of Donnelly Brothers Limited, Irvinestown Road, Enniskillen for the supply and delivery of two no. Citroen Berlingo 1.9 DLX vans at £14,836.00 plus VAT, being the lowest, be accepted. (b) Landrover or equivalent vehicle The Committee was advised that tenders had been sought by public advertisement and two firms had responded as follows:- TENDERER MAKE & MODEL PRICE £ T.P. Topping Ltd., Land Rover Defender £16,180.53 Dublin Road, TD5 110 HT Enniskillen. Charles Hurst, Land Rover 110 HT £16,676.38 62 Boucher Road, Belfast RECOMMENDED: That the lowest tender of T.P. Topping Limited, Dublin Road, Enniskillen for the supply and delivery of one landrover defender TD5 110 hardtop vehicle at £16,180.53 plus VAT, plus £675.00 for painting, be accepted. (c) Refuse Collection Vehicle The Committee was advised that tenders had been sought by public advertisement with two firms responding as follows:- TENDERER MAKE & MODEL PRICE £ Cahill Motor Seddon Atkinson 98,255.00 Engineering (NI) Ltd., Euromover 10 Quay Road, Newtownabbey Manvik Plant & Hire Dennis Elite 2 99,500.00 Ltd., Durgan Crescent, Belfast 4 RECOMMENDED: That the tender of Cahill Motor Engineering, Newtownabbey for the supply of 1 no. Seddon Atkinson Terberg refuse collection vehicle at £98,255.00 plus VAT, being the lowest, be accepted. (d) 7.5 Tonne Crew Cab Tipper Vehicle The Committee was advised that tenders had been sought by public advertisement with two tenders received by the closing date as follows:- TENDERER MAKE & MODEL PRICE £ Roadland, Isuzu NQR 7.5 £22,400.00 Queen Street, Lurgan Eakin Brothers Ltd., Iveco Eurocargo £32,685.00 48 Main Street, Claudy RECOMMENDED: That the tender of Roadland, Lurgan for the supply of 1 no. Isuzu NQR 7.5 tonne Crew Cab Tipper at £22,400.00 plus VAT, being the lowest tender, be accepted. This price is the net price, taking account of trade-in of the Council’s Mercedes Sprinter 1998 vehicle at a value of £2,180. (e) Car Park Surfacing at Fermanagh Lakeland Forum The Committee was advised that tenders had been sought by public advertisement with six tenders received as follows:- TENDERER PRICE £ T. D. McKane & Son, 38,750.00 Castlederg Andrew Boyle & Sons, £39,144.00 Garvary R. J. McKelvey, £41,515.00 Castlederg McGrory Contracts (NI) Ltd., £41,703.00 Lisnaskea Northstone (NI) Ltd., £44,512.00 Ballymena Sean Flanagan, £61,000.00 Derrygonnelly RECOMMENDED: That the tender of T.D. McKane & Son, Castlederg, in the sum of £38,750.00 plus VAT, being the lowest, be accepted. (f) Compaction Side Loader The Committee was advised that tenders had been sought by public advertisement with tenders received as follows:- 5 TENDERER MAKE & MODEL PRICE £ BMI Trailers Ltd., Isuzu NQR 70 37,150.00 Dungannon Roadland, Isuzu NQR 4.8 TDI £46,455.00 Lurgan Eakin Brothers Ltd., Iveco Euro Cargo £50,035.00 Claudy 100E17 BMI Trailers Ltd., Isuzu NQR 70 £52,240.00 Dungannon RECOMMENDED: That the tender of Roadland, Lurgan for the supply and delivery of 1 no. Isuzu NQR 4.8 TDI side loading vehicle, fitted with Macpac body and bin lift at £46,455.00 plus VAT, being the lowest, in accordance with the Council’s specification, be accepted. (g) Pitch Refurbishment Work – Bawnacre Centre The Committee was advised that tenders had been sought by public advertisement for the above work with only one tender received by the closing date, from McGrory Contractors, Lisnagole Road, Lisnaskea. The Committee was advised that this contractor had carried out work at Lisnarick Football Pitch in 2003 and at the other Bawnacre Pitch in 2004, to acceptable standards and that the prices had been consistent with the tender now submitted. RECOMMENDED: That the tender of McGrory Contractors Limited, Lisnagoole Road, Lisnaskea at £36,095.00 plus VAT, including £2,000 contingency sum, be accepted. (h) Provision of Outdoor Activities at Lough Melvin Holiday Centre The Committee was advised that tenders had been sought by public advertisement for the provision of outdoor activities at the Lough Melvin Holiday Centre, however no tenders had been received. This was the second occasion that tenders had been sought with a previous advertisement in May also producing no response. The Committee was advised that the Council would no longer to able to provide outdoor activities at the Centre and the situation would be discussed with the franchisee. 6 (i) Thermoplastic Lining – St. Angelo Airport The Committee was advised that tenders had been sought in March 2004 for the above work with one tender received from Northern Road Markings, 98 Drumagarner Road, Killyreagh. This tender had been accepted and based on the Bill of Quantities work had been completed in the sum of £28,705.50 plus VAT. RECOMMENDED: Accordingly. PR75/05 APPOINTMENTS (a) Drainage Council for Northern Ireland The Committee was advised that the term of office of the current Drainage Council expired on the 30th September 2005 and they were seeking a nomination from the Council for consideration for appointment for the four year term of the next Drainage Council. RECOMMENDED: That Councillor Gerry McHugh be nominated for appointment to the new Drainage Council. (b) Western Health & Social Services Board – Suicide Prevention Forum RECOMMENDED: That Councillor Harold Andrews be appointed to the Suicide Prevention Forum. (c) Reserve Forces and Cadets Association The Committee was provided with further details on the Association following which it was proposed and seconded that the Council withdraw their representative from the Association. The proposal was put to the meeting and votes were cast as follows:- For 5 Against 7 Thus the proposal fell. (d) Hospital Steering Group The Committee was reminded that one Member from each political party was elected to the Hospital Steering Group, Councillor Tom Elliott being the Ulster Unionist representative. However he was also a member as one of the 7 four MLAs and he asked that Harold Andrews replace him as the Council representative. RECOMMENDED: Accordingly. PR76/05 RECEPTIONS The Committee was provided with an overview of the receptions organised by the Council. The Committee was advised that Civic Receptions were held to recognise outstanding achievements by individuals, groups, clubs from within the County, while Chairman’s receptions were held to welcome groups to the County and to pay tribute to the efforts of individuals in the County. PR77/05 SECTION 75 – NORTHERN IRELAND ACT 1998 The Committee was advised that the Council, as a designated body, was required to provide an annual report to the Equality Commission on the implementation of Section 75 of the Northern Ireland Act 1998. The Report was provided in line with the pro forma template provided by the Commission and demonstrated the progress which the Council had made in progressing the promotion of equality and good relations duties. A copy of the Annual Report for the year 1st April 2004-31st March 2005 had been provided to Members. RECOMMENDED: That the Annual Report for the year 1st April 2004 – 31st March 2005 be agreed and forwarded to the Equality Commission. PR78/05 COUNCILLORS ALLOWANCES The Committee was advised that details had been received from the Department of the Environment, Local Government Division, on new rates of Basic Allowance, Travelling Allowance and Special Responsibility Allowances for Councillors effective from the 1st July 2005. Basic Allowance £4471.00 per annum, previously (£4223.00). Travelling Allowances Type of Vehicle Rates A motor car or tri-car of cyclinder capacity 42.0p per mile Exceeding 999cc but not exceeding 1,199cc 11.8p per mile* A motor car or tri-car of cylinder capacity 52.7p per mile exceeding 1,199 cc 13.9p per mile* *National Joint Council for Local Government Services – Casual Users rates after 8,500 miles. 8 Special Responsibility Allowance In relation to Special Responsibility Allowances the Committee noted the new maximum had been increased to £16,767. The Committee agreed to the following rates of Special Responsibility Allowance being applied effective from the 1st July 2005. The previous rates are in brackets. Chairman of Council £3,350 (£3,255) Vice Chairman of Council £2,350 (£2,250) Chairman of each of the five Committees £2,175 (£2,100) RECOMMENDED: That the revised rates of Basic Allowance, Travelling Allowances and Special Responsibility Allowances be applied from 1st July 2005 and be included in a revised Scheme of Allowances for Councillors which would be forwarded to Members. PR79/05 CONFERENCES (a) National Association of Councillors - Annual General Meeting and Conference – Newcastle 9th/10th September 2005 The Committee considered attendance at the National Association of Councillors Conference and Annual General Meeting. The cost would be approximately £270.00 plus travelling expenses. RECOMMENDED: That the three members of the National Association of Councillors, Councillors Joe Dodds, Gerry Gallagher and Stephen Huggett attend this Conference. (b) National Association of Councillors – National Womens Conference, Belfast – 9th/11th September RECOMMENDED: That Councillors Arlene Foster, Patricia Rogers and one representative from Sinn Fein attend this Conference, the cost would be approximately £500.00 plus travel per delegate. (c) CIPFA Conference – Transforming Public Services, Newcastle, 29th/30th September 2005 RECOMMENDED: That the Director of Finance and Information Technology attend this Conference as a full day delegate. The cost would be £350.00 plus travel. 9 (d) Conference and Planning – Rural v Urban, Killybegs, Donegal – 5th/7th October 2005 RECOMMENDED: That the Chairman of the Planning Committee, Councillor Brian McCaffrey, attend this Conference, the cost would be approximately £370. (e) Confederation of European Councillors – Conference and Annual General Meeting, Berlin, 12th/14th October 2005 RECOMMENDED: That this Conference be noted. PR80/05 LAND AT NECARNE The Committee was advised that at present the Council lease a portion of land adjacent to the Bawnacre Centre to the Department of Agriculture and Rural Development. This land could be important in the development of the area and it was agreed that the Council, at this stage, would seek the District Valuer’s assessment of the most appropriate way for the Council to use the land, including testing the market to establish a market value. The Council should ask the Department of Agriculture and Rural Development to redeem the land. RECOMMENDED: That the Chief Executive proceed, as outlined above, and report back on progress at a later date. PR81/05 CULTURAL DIVERSITY SUB COMMITTEE The Committee considered a recommendation from Environmental Services Committee that the Cultural Diversity Sub Committee should become a standing committee of the Council. The background to the formation, membership and terms of reference of the sub committee was detailed to Members. After a lengthy discussion an amendment was proposed that the Cultural Diversity Sub Committee be reconstituted as a sub committee with a membership from all members of the Environmental Services Committee. The amendment was put to the meeting and votes were cast as follows:- For 4 Against 5 The amendment fell. The proposal was then put to the meeting and votes were cast as follows:- For 5 Against 6 10 The proposal fell and therefore the present status of the Cultural Diversity Sub Committee remains. RISING: The Committee rose at 10.10 p.m. All the Members named were present for the duration of the meeting except Councillor Gerry McHugh who arrived at 7.40 p.m. and Councillor Tom Elliott who arrived at 7.45 p.m.