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					FERMANAGH                                COMHAIRLE
DISTRICT COUNCIL                         CHEANTAIR FHEAR MANACH


DEVELOPMENT COMMITTEE                    COISTE FORBARTHA


Minutes of the meeting of the Development Committee held in the Council
Chamber, Townhall, Enniskillen on Monday, 14 September 2009 at
7.30pm.


PRESENT:               Councillors Stephen Huggett (Chairman), Harold
                       Andrews, Alex Baird, Frank Britton, Cyril Brownlee,
                       Pat Cox, Tom Elliott, Gerry Gallagher, Robert
                       Irvine, Bert Johnston, Ruth Lynch, Brian
                       McCaffrey, Fergus McQuillan, Breege McSorley,
                       John O’Kane, Thomas O’Reilly and Paul Robinson.

APOLOGIES:             Councillors Arlene Foster, Gerry McHugh, Patricia
                       Rogers and Bernice Swift.

IN ATTENDANCE:         Chief Executive, Director of Finance & IT and
                       Committee Clerk.


D69/09     MINUTES

           The minutes of the meeting held on Monday, 20 July 2009
           were approved and signed.

D70/09     MATTERS ARISING

           D62/09 LIAISON SUB COMMITTEES – ROADS AND
           HOUSING

           Members discussed the condition of the road surface on the
           A32 and it was agreed that this would be discussed further at
           the next Roads Sub Committee meeting.

D71/09     ECONOMIC DEVELOPMENT

           ICBAN

           Councillors Gerry Gallagher and Fergus McQuillan declared an
           interest and left the meeting for the duration of the discussion
           of this item.
                                 2




         The Director of Finance and IT informed the Committee that
         ICBAN would act as Lead Partner to manage and administer
         successful operations under the Multi-Annual Plan submitted
         to SEUPB for funding under the Interreg IVA Programme. In
         addition, ICBAN had facilitated a number of working groups
         which lobbied for improved roads and telecommunications in
         the region as well as social inclusion and spatial planning.

         All 10 member Councils had provided £15,000 per annum to
         ICBAN in 2006, 2007 and 2008. Following a review of
         expenditure within ICBAN and in light of recent public sector
         budget cutbacks the ICBAN Management Board agreed that
         member Councils should be asked to contribute £12,500 each
         for the 2009/2010 financial year.

         RECOMMENDED: That the Council provide a maximum of
         £12,500 to ICBAN in the current financial year subject to the
         other 9 member Councils providing the same level of funding.
         Councillor Elliott asked to be recorded as dissenting.

D72/09   Interreg IVA Rural Development Measure

         Councillor Alex Baird declared an interest and left the meeting
         for the duration of the discussion of this item.

         The Director of Finance and IT informed the Committee that
         under this theme a call had opened for strategic proposals
         which supported the sustainable socio-economic development
         of particularly disadvantaged rural communities through
         strategically focussed cross-border actions. Proposals needed
         to demonstrate that they had the potential to make a major
         impact during and beyond the lifetime of the programme to
         ensure the continuing development of the rural economy
         through cross border activities. €10 million had been set
         aside for the theme; the closing date for applications had been
         extended from the end of September to Friday, 30 October
         2009.

         Officers from Fermanagh District Council had been working
         with Officers from Cavan and Leitrim to develop a proposal for
         submission in response to this call. The project in Fermanagh
         involved the development of workspace in the Newtownbutler
         area with Cavan having a mixture of workspace and tourism
         projects. The strategic needs of Leitrim were different and
         they had concentrated on tourism based activities.
                                 3



         In order to progress the workspace project the Council had
         placed an advertisement in the two local newspapers asking
         for Expressions of Interest from landowners who were willing
         to sell two acres of land for development purposes. Six
         applications had been received and officers were currently
         assessing these in terms of ability to receive planning
         permission, proximity to Newtownbutler and the costs of
         development.

         Cavan recently changed its priorities and was now interested
         in developing tourism based projects. As a result the
         Fermanagh workspace project did not fit into the overarching
         tourism theme of the application. The Director informed the
         Committee that negotiations were ongoing with Monaghan
         County Council to investigate the potential for inclusion of a
         workspace project in partnership with them. The Committee
         was advised that it was unlikely that this project could be
         taken forward.

         RECOMMENDED: That, subject to identification of a suitable
         site, a site should be acquired for future development of
         workspace provision in the Newtownbutler area.

D73/09   Competitiveness & Employment Programme

         Councillor Alex Baird declared an interest and left the meeting
         for the duration of the discussion of this item.

         The Director of Finance and IT informed the Committee that
         the Council was involved in two projects under the European
         Sustainable Competitiveness Programme.

         The first related to a Business Survival and Growth
         programme which had been approved subject to a positive
         economic appraisal. Grant Thornton had been appointed to
         appraise all successful projects and this would be complete by
         the end of September 2009.

         The second project related to the identification of suitable
         locations for workspace development. The Director informed
         the Committee that McCann Consulting had been appointed to
         work with community/enterprise groups in Fermanagh who
         were interested in developing workspace in their area and to
         assess their need and capacity. The Council would then apply
         to DETI for funding under the European Sustainable
         Competitiveness Programme to develop workspace in the
         recommended area/s. Following a widely publicised call for
                                 4



         Expressions of Interest, nine had been returned. Six of the
         projects were deemed ineligible under the Competitiveness
         Programme and were therefore ruled out. McCann Consulting
         had provided the Council with an interim report and the three
         remaining projects were ranked as:

         1) Kinawley Enterprises Ltd
         2) Rosslea Enterprises Ltd
         3) Cavanacarragh Community Association.

         The Committee was advised that McCann Consulting would
         produce a final report by the end of September 2009 to
         include a report on the process and demonstration of
         compliance with requirements of the European Sustainable
         Competitiveness Programme for each of the projects.

         RECOMMENDED: That the Council proceed with an
         application under the Competitiveness and Employment
         Programme for all three projects.

D74/09   Social Economy Enterprise Strategy 2009-2011

         The Director of Finance and IT informed the Committee that
         the Social Economy Enterprise Strategy 2009-2011 had been
         launched for public consultation on Wednesday, 12 August
         2009. It stated that DETI aimed to provide an enterprise
         environment which encouraged greater social entrepreneurial
         activity and supported those Social Economy Enterprises that
         wanted to grow. Three strategic objectives and associated
         actions had been identified to achieve this vision:

         1) Increase awareness of the sector and establish its value to
            the local economy
         2) Develop the sector and increase its business strength
         3) Create a supportive and enabling environment.

         The Committee considered a draft response to the
         consultation paper with the following points included:

            The Social Economy Network was the representative body
             of the Northern Ireland social economy sector and was
             identified as a key stakeholder for the implementation of
             the strategy. The Social Economy Network had a very low
             membership base in Fermanagh and had no Board
             members from the West of the province. This was
             concerning given the high number of Social Economy
                                   5



             Enterprises in Fermanagh and the West and further the
             high number of Social Economy Enterprises in rural areas.

            The Social Entrepreneurship Programme was launched in
             June 2009. All mentor support offered for start-ups must
             be completed by the end of the first year of trading and
             support for post start-ups was only available to Social
             Economy Enterprises that demonstrated export potential.
             Therefore there was a gap in provision between start-up
             Social Economy Enterprises and those with potential for
             significant growth. In addition, criteria for the support
             available was challenging, especially to avail of post-start
             strategic mentoring.

            The focus of the strategy was on supporting Social
             Economy Enterprises that wanted to grow. Traditionally
             Social Economy Enterprises were established to provide
             services that the private sector would not provide as it was
             unprofitable for them to do so. Whilst many of these
             Social Economy Enterprises did not have the will or
             capacity to grow they were essential in the community
             they served and their value should not be underestimated,
             e.g. childcare provision to enable parents to work outside
             the home. These Social Economy Enterprises should be
             given the recognition that they deserved and should be
             supported to continue to provide these essential services.
             The approach of the Scottish Government could be more
             applicable, i.e. invest in Social Economy Enterprises to
             deliver high quality services to those that needed them
             focusing on moving towards financial sustainability and
             reducing organisational dependency on grants rather than
             on growth.

         The Council was fully supportive of the strategy and the aim of
         encouraging Social Economy Enterprises to grow. However, it
         was important to recognise that many community businesses
         did not have the potential for growth or the ability to put
         support mechanisms in place to ensure the sustainability of
         these organisations and services.

         RECOMMENDED: That the Council respond to the strategy
         accordingly.

D75/09   LOCAL GOVERNMENT BOUNDARIES COMMISSIONER

         The Chief Executive informed the Committee of a letter
         received from Edwin Poots MLA, Minister of the Environment,
                                 6



         on the Local Government Boundaries Commissioner’s Final
         Report – Names of the new Local Government Districts. The
         Committee discussed the suggested name for the area
         ‘Fermanagh and Omagh District Council’.

         RECOMMENDED: That a letter be sent to Local Government
         Policy Division advising that Fermanagh District Council
         supported the new name – Fermanagh and Omagh District
         Council.

D76/09   WESTERN HEALTH AND SOCIAL CARE TRUST

         The Chairman welcomed Mrs Elaine Way, Chief Executive, Mr
         John Doherty, Director of Women and Children’s Services and
         Dr Michael Parker, Clinical Director for Obstetrics and
         Gynaecology, Western Health and Social Care Trust, to the
         meeting.

         Mrs Way confirmed that as of Monday, 14 September, gynae
         services had been reinstated at the Erne Hospital, Enniskillen.
         Eight out of nine junior doctors were now in post and the ninth
         had been appointed and was waiting for a VISA to come
         through, in the meantime, a locum would be used to fill the
         vacancy.

         The Trust staff addressed the following issues:

            The process (the deanery system) for appointment of
             junior doctors,
            The circumstances that led to the temporary suspension of
             gynae services at the Erne Hospital,
            The role of the Northern Ireland Medical and Dental
             Training Agency (NIMDTA) in the appointment of junior
             doctors,
            Interim arrangements,
            How the Council could work together with the Trust for a
             successful Erne Hospital and new South West Acute
             Hospital.

         Members also raised questions with Trust staff regarding the
         maternity unit at the Erne Hospital and Drumhaw Residential
         Home, Lisnaskea.

         RECOMMENDED: That the Chief Executive write to Dr Michael
         McBride, Chief Medical Officer for Northern Ireland, outlining
         the Council’s concern about the process for appointing junior
                                 7



         doctors and the risk that similar problems might arise in the
         future.

         The Chairman thanked the representatives from WHSCT for
         the presentation and they left the meeting.

D77/09   LIAISON – PUBLIC SERVICES

         The RPA, Super-Councils & Change Management – The
         Communications challenges

         The Committee was informed that this seminar had now been
         cancelled.

D78/09   Books of Honour Ireland

         The Committee considered attendance at the above
         conference and launch to be held on Wednesday, 16
         September 2009 in the Mount Errigal Hotel, Letterkenny.

         RECOMMENDED: That the Chief Executive and the Chairman
         attend the above conference and launch.

D79/09   Retail NI 09 Conference

         The Committee considered attendance at the above
         conference to be held on Thursday, 17 September 2009 in the
         Stormont Hotel, Belfast.

         RECOMMENDED: That the Committee noted the details of the
         conference.

D80/09   Chartered Institute of Housing Autumn Conference

         The Committee considered attendance at the above
         conference to be held on Thursday, 24 September 2009 in the
         Hilton Hotel, Belfast.

         RECOMMENDED: That Councillor Gerry Gallagher would
         attend the conference.

D81/09   Innovation in Delivering Public Services Seminar

         The Committee considered attendance at the above seminar
         to be held on Wednesday, 14 October 2009 in the Odyssey,
         Belfast.
                                 8



         RECOMMENDED: That the Committee noted the details of the
         seminar.

D82/09   Exploring the future of public transport

         The Committee considered attendance at the above seminar
         to be held on Wednesday, 28 October 2009 in the Grand
         Opera House, Belfast.

         RECOMMENDED: That the Committee noted the details of the
         conference.

D83/09   UK Business Incubation 11 Conference

         The Committee considered attendance at the above
         conference to be held from Tuesday, 1 to Thursday, 3
         December 2009 in various locations in Belfast.

         RECOMMENDED: That the Committee noted the details of the
         conference.

D84/09   Stratagem seminar

         The Committee considered attendance at the above seminar
         to be held on Tuesday, 6 October 2009 in the Europa Hotel,
         Belfast.

         RECOMMENDED: That the Committee noted the details of the
         seminar.

D85/09   Getting a Grip 2009

         The Committee considered attendance at the above
         conference to be held from Thursday, 8 to Friday, 9 October
         2009 in the Europe Hotel, Killarney, Co Kerry.

         RECOMMENDED: That the Committee noted the details of the
         conference.

D86/09   2009 La Touche Legacy Seminar

         The Committee considered attendance at the above seminar
         to be held from Friday, 2 to Sunday, 4 October 2009 in
         Charlesland Golf & Country Club Hotel, Greystones, Co
         Wicklow.
                                  9



         RECOMMENDED: That the Committee noted the details of the
         seminar.

D87/09   Co-option

         The Chief Executive informed the Committee that a Special
         meeting would be held on Monday, 5 October at 7pm prior to
         the Council meeting to consider co-option to replace former
         Councillor Domhnall Ó Cobhthaigh.

D88/09   Council coats

         The Chief Executive informed the Committee that new Council
         coats would be made available to all Members who required
         them. The coats would be available with embroidery in either
         English or Irish. Members should confirm details with the
         Administration Officer in the Townhall.

D89/09   Birthday Honours List

         The Chief Executive informed the Committee that the Council
         had received a letter from the Department of Environment
         giving advance notice that nominations for the Birthday
         Honours List 2010 would be sought in September 2009.
         Parties could consider potential candidates and the official
         request for nominations would be issued in due course.

D90/09   VAT

         The Director of Finance and IT informed the Committee that
         the Council had appointed KPMG to submit a claim on it’s
         behalf to HM Revenue & Customs to obtain a refund of VAT
         and simple interest. The claim was based on a cultural
         exemption, an education exemption and two sporting
         exemptions applicable for periods as far back as 1981. The
         claim was based on a ‘no win, no fee’ basis subject to a fee of
         12.5% for all successful claims.

         The Committee was informed that there was now a possibility
         of making a claim for compound interest. The cost of making
         the claim if full details were lodged would be £10,000 or
         £5,500 if particulars were excluded. The £5,500 included
         £2,000 law firm fees, £2,000 KPMG fees and £1,500 court
         costs. KPMG had advised that most consulting firms were
         lodging claims without full particulars and that there were time
         limits for making these claims. If successful KPMG would be
                                    10



          entitled to a fee of 12.5%, less their initial £2,000 fee for
          lodging the claim.

          RECOMMENDED: That the Council proceed with a claim for
          compound interest without particulars at an approximate cost
          of £5,500.


RISING:   The Committee rose at 10.10pm.

          All Members named were present for the commencement of
          the meeting except Councillors Ruth Lynch, Brian McCaffrey
          and Thomas O’Reilly who arrived at 7.35pm and Tom Elliott at
          7.45pm.

          All Members named were present for the duration of the
          meeting except Councillors Pat Cox and Robert Irvine who left
          at 8.50pm, Breege McSorley at 9.10pm, Gerry Gallagher at
          9.15pm, Frank Britton at 9.50pm and Cyril Brownlee at
          9.55pm.

				
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