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Derry City and Strabane District Council

Minutes of Meeting of City and Strabane District Council held in the Council Chamber, Guildhall on Thursday 17 December 2015 at 4.00pm

______Present:- Councillor McCallion (in the Chair), Aldermen Bresland, Devenney, M Hamilton, Hussey, Kerrigan, Ramsey, Thompson and Warke; Councillors Boyle, Carlin, Carr, Cooper, Cusack, Diver, Donnelly, Duffy, Fleming, Gallagher, Hassan, Hastings, Jackson, C Kelly, D Kelly, P Kelly, Logue, McGinley, McGuire, M McHugh, R McHugh, McKeever, McMahon, O’Reilly, Reilly Robinson and Tierney.

In Attendance: Chief Executive (Mr J Kelpie), Director of Environment and Regeneration (Ms K Phillips), Director of Health and Community (Mrs K Mc Farland), Director of Business and Culture (Mr S Gillespie), Lead Legal Services Officer (Mr P Kingston), Lead Democratic Services and Improvement Officer (Ms E Cavanagh), Lead Audit, Assurance and Risk Officer (Mrs D McDonnell), Lead Finance Officer (Mr A Dallas), Head of Culture and Business (Ms L Williams), Communications Officer (Mr C Gray), Business Manager (Mrs S Maxwell) and Committee Clerk (Ms D Melaugh).

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C307/15 Notice and Summons for Meeting

The Chief Executive read the Notice and Summons for the Meeting.

C308/15 Webcast Announcement by the Mayor

The Mayor read the Webcast Announcement for the meeting, however advised that there were current technical difficulties which may affect the ability to provide a visual recording of the meeting.

C309/15 Apologies

Apologies for absence were received from Aldermen R Hamilton and McClintock, Councillors Campbell and Dobbins.

C310/15 Declarations of Members’ Interest

Item Ref C322/15 2

The following Members of the Planning Committee expressed an interest in the above item and withdrew from discussion thereon.

Alderman Bresland Alderman M Hamilton Councillor Hassan Councillor Jackson Councillor D Kelly Councillor Logue Councillor McGuire Councillor R McHugh Councillor McHugh Councillor Diver Councillor Hastings Councillor Tierney

Chairperson’s Business.

C311/15 Councillor Gerard Diver – MLA Appointment

A Member of the SDLP grouping stated that he wished to congratulate and commend Councillor Diver on his recent appointment to MLA within the Assembly. He paid tribute to the excellent work which he had undertaken within Council over the last 14 years, highlighting in particular his very successful year as Mayor when he worked diligently on behalf of all the citizens of the Council area regardless of background or religious belief. He also acknowledged his role in leading the SDLP grouping within Council over many years and the high esteem in which Councillor Diver had been held by his colleagues and the wealth of experience and common sense which he had brought to all situations. The Member stated that whilst Members were saddened by Councillor’s Diver departure from Council they wished to extend tribute and best wishes to him in his new appointment to the Northern Ireland Assembly where no doubt he would work tirelessly on behalf of and support of all the citizens within the Council area.

A Member of the SF grouping stated that on behalf of his Party he also wished to pay tribute to the excellent service which Councillor Diver had given to the former Derry City Council and the new wider Council area and community and made particular reference to his notable and distinguished year as Mayor of the city in 2008/2009. In further tribute he referred to his 3

membership of various external and internal bodies and the courtesy, fairness and articulation which he had demonstrated in leading the SDLP grouping within Council over many years. He stated that on behalf of SF he wished him every success for the future.

A Member of the UUP grouping stated that firstly on behalf of his Party he wished to extend good wishes to Pat Ramsey, MLA on his retirement from the Assembly. He then paid tribute to the work undertaken by Councillor Diver and congratulated him on his new appointment. The Member referred to Councillor’s Diver strong competencies and capabilities which would be undoubtedly utilised in his new role to continue to support the growth and development of the Derry City and Strabane District Council area. The Member stated that it had been a privilege to work with Councillor Diver in Council over the preceding months.

A further Member of the UUP grouping paid tribute to the work undertaken by Councillor Diver and wished him every success in his new appointment.

A Member of the DUP grouping thanked Councillor Diver for the service he had given to the people within the former Council and more recently the new Derry City and Strabane District Council. He stated that he would also wish to acknowledge and support the tributes paid to the Member in relation to the work he had undertaken during his Mayoral year. He stated that Councillor Diver had always demonstrated fairness and courtesy in his approach and on behalf of the DUP grouping wished him every success for the future.

An Independent Member of Council stated that he wished to acknowledge the fairness demonstrated by Councillor Diver in his relationships with Members in undertaking Council business and extended his good wishes to him for the future.

Councillor Diver thanked Members for their comments. He stated that whilst he looked forward to his new appointment his departure, after serving with Council for the past 14 years was tinged with certain sadness The Member stated that he would wish foremost to thank the people of the Waterside who had consistently elected him to Council over 4 elections followed by his Party colleagues who had supported and assisted him over the years. He then paid tribute to Members of all other political parties, existing and previous Officers of Council and thanked them for 4

their co-operation and support. The Member stated that in his new appointment as MLA for Foyle in conjunction with other Assembly Members he would strive to assist Council bring about positive economic change and growth. He concluded by paying tribute to the work being undertaken by Council which he stated clearly demonstrated its capability of meeting the variety of challenges and exciting opportunities ahead.

The Mayor stated that she wished to concur with all the above comments. She stated that she also wished also to acknowledge the work undertaken by Pat Ramsey, MLA who had served the city and district over many years and would now be retiring from the Assembly. The Mayor on behalf of Council wished Councillor Diver many good wishes and success for the future.

C312/15 Christmas Greetings

The Mayor extended Christmas greetings to Members, Officers and representatives of the press.

Open for Decision

C313/15 Confirmation of the Open Minutes of the Monthly Meeting held on 26 November 2015

Minutes of the Open Meeting of Derry City and Strabane District Council held on 26 November 2015 (C275/15-C299/15) were submitted.

Alderman Devenney Moved, Councillor Hastings Seconded and the Council

Resolved that the above minutes, be adopted as a true record of the meeting.

Matter Arising

C314/15 Kickstart to Work Project (Ref. C291/15)

In response to comments from a Member of the SF grouping seeking clarification as to an update on a proposed Council delegation meeting with the Minister for Department of Employment and Learning in relation to the issues arising from the operation of the Kickstart to Work Project 5

the Director of Business and Culture advised that no response had yet been received from the Department.

C315/15 Confirmation of the Open Minutes of Special Meeting held on 11 December 2015.

Minutes of the Open Meeting of Special Meeting Derry City and Strabane District Council held on 11 December,2015 (SP4/15-SP7/15) were submitted.

Councillor Hastings Moved, Alderman Bresland Seconded and the Council

Resolved that the above minutes, be adopted as a true record of the meeting.

Adoption of the Open Minutes of the following Committees:-

C316/15 Monthly Governance and Strategic Planning Committee held on 1 December 2015

Minutes of the Monthly Governance and Strategic Planning Committee held on 1 December 2015(GSP165/15/GSP188/15) were submitted.

Councillor Ramsey Moved, Alderman Kerrigan Seconded and the Council

Resolved that the above minutes be adopted as a true record of the meeting.

Matter Arising.

C317/15 Rationalisation of the Court Estate (GSP155/15)

In response to comments from a Member of the SF grouping regarding the above, it was advised that following today’s meeting a letter would be sent to the Department of Justice seeking clarification on the issues from the decision to close Strabane Courthouse as recommended at last month’s meeting of Council.

C318/15 Monthly Planning Committee held on 2 December 2015

Minutes of the Monthly Planning Committee held on 2 December 2015 (P99/15 – P112/15) were submitted. 6

Councillor Hastings Moved, Councillor D Kelly Seconded and the Council

Resolved that the above minutes be adopted as a true record of the meeting. Matter Arising

C319/15 Monthly Assurance, Audit and Risk Committee held on 3 December 2015

Minutes of the Monthly Assurance, Audit and Risk Committee held on 3 December 2015 (AAR99/15 – AAR110/15) were submitted.

Councillor P Kelly Moved, Councillor Hastings Seconded and the Council

Resolved that the above minutes, be adopted as a true record of the meeting Matter Arising

C320/15 External Review (Ref. AAR110/15)

An Independent Member of Council referred to discussion which had taken place at the December meeting of the Assurance, Audit and Risk Committee and stated that he wished to seek further clarification, in addition to acknowledging his concerns with regard to the following issues:-

- The NIAO’s position in relation to the outcome of the findings of the External Review in terms of weaknesses identified in the former Derry City Council’s arrangements for procurement and events management. - Concerns in relation to the `technical breach’ as described by a Council Officer in relation to the Halloween/Christmas tender. - Concern that the same weaknesses were continuing in the procurement and events functions which had led to the External Review. It was indicated that such weaknesses were not inspiring public confidence in going forward. - No Council responses had been received by the complainants notwithstanding Council’s undertaking to ensure that that they were fully appraised of the situation. He stated that one complainant had received a letter from Council the previous day inviting him to attend a meeting to discuss the issues. 7

- The delay in responding to the allegations expressed by the complainant in relation to the procurement issues surrounding the Christmas and Halloween events.

The Chief Executive responded as follows:-

- Whilst the External Auditor had been in attendance at the Assurance, Audit and Risk Committee in December where the outcomes of the External Review had been presented the NIAO had not formally commented at this stage on the outcomes of the report. - In relation to the alleged breach of technical issues a report would be brought to the Business and Culture Committee for consideration. - Letters had been sent the previous day to the complainants inviting them to a meeting with the Chief Executive in accordance with the Recommendations of the Systems report.

In response to further comments from the Member the Chief Executive further added:

- A response to the complainant who had expressed concerns in relation to procurement issues in relation to the Halloween and Christmas events would be sent out immediately following the meeting, if not previously responded to. - In relation to the circulation of the External Review this matter would be addressed through the meetings process.

C321/15 Monthly Business and Culture Committee held on 8 December 2015

Minutes of the Monthly Business and Culture Committee held on 8 December 2015 (BC205/15 – BC223/15) were submitted.

Councillor Logue Moved, Councillor Diver Seconded and the Council

Resolved that the above minutes be adopted as a true record of the meeting.

Matter Arising.

C322/15 Factory Girls’ Sculpture (Ref. BC/15) 8

A Member of the SF grouping referred to the presentation given by the Factory Girls’ Sculpture Artist at the December meeting of the Committee and the issues expressed by Members in relation to ensuring appropriate advancement within the pending project timescales.

Councillor Fleming Moved, Councillor Duffy Seconded and the Council

Resolved that Council proceed with the formulation and submission of a Planning Application in relation to the Factory Girls’ Sculpture.

C323/15 Monthly Environment and Regeneration Committee held on 9 December 2015

Minutes of the Monthly Environment and Regeneration Committee held on 9 December 2015 (ER167/15 – ER187/15) were submitted.

Councillor Moved, Councillor Seconded and the Council

Resolved that the above minutes, be adopted as a true record of the meeting. Matter Arising.

C324/15 Street Lighting

A Member of the SF grouping stated that he wished to express concern regarding the recent decision by Street Lighting not to accept calls from members of the public or elected representatives, acting on behalf of their constituents notifying of situations of street lighting failure. He stated that this new policy which had been introduced on 7 December only allowed contact with street lighting through email. The Member stated that this situation was highly unsatisfactory as not all Members of the public had access to email facilities.

Councillor M McHugh Moved, Alderman Ramsey Seconded and the Council

Resolved that a letter be sent to Transport NI

(a) outlinining Members’ concerns in relation 9

to the newly introduced procedures which prohibit members of the public or elected representatives reporting street lighting failures by telephone and; (b) requesting that appropriate mechanisms be reintroduced to ensure both the public and elected representatives have telephone access to the Street Lighting Section.

C325/15 War Memorial – Diamond and Castlederg (Ref ER194/15)

A Member of the DUP grouping referred to discussion which had taken place at the December Meeting of the Environment and Regeneration Committee regarding the above. He stated that in view of the upcoming 100 year anniversary of the Battle of the Somme which had been one of the major battles of the First World War resulting in over one million people being killed or injured it was critical that immediate exploration of required funding through the appropriate Memorial Funding Programme be commenced in order to ensure the necessary restoration and maintenance works have been undertake prior to July next year.

The Chief Executive advised that such matters would be considered and advanced through the Centenary Working Group or Capital Projects Working Group.

A Member of the UUP grouping advised that such facilities were in lands owned by Council and therefore should be dealt with Council accordingly.

The Mayor stated that the above Working Groupings were part of Council’s processes for consideration of such projects.

The above Member of the UUP grouping referred to discussion at the Environment and Regeneration whereupon it had been requested that restoration works in relation to the Monument in Castlederg be considered in conjunction with the Diamond Memorial.

The Director of Environment and Regeneration advised that Officers were currently investigating potential sources of funding in relation to the restoration of the Monuments including the Memorial at Castlederg which 10

would be presented in report to a future meeting of the Environment and Regeneration Committee.

C326/15 Monthly Health and Community Committee held on 10 December 2015

Minutes of the Monthly Health and Community Committee held on 10 December (HC184/15 – HC208/15) were submitted.

Councillor Hastings Moved, Councillor Carlin Seconded and the Council

Resolved that the above minutes, be adopted as a true record of the meeting.

Open for Information.

C327/15 Response to Notice of Motion

The Chief Executive advised that the purpose of the above report was to advise Members of the letter dated 25 November 2015 received from First Minister and Deputy First Minister in response to Notice of Motion passed by Council at its Meeting on 23 July 2015 with regard to current challenges to the expansion of Magee and the subsequent impact on the One Plan targets.

A Member of the UUP grouping sought clarification on the following issues:-

i) The provision of a list of the Ministerial Sub Group meetings which have taken place. ii) The availability of the Minutes of the Meetings relating to such meetings. iii) The engagement to date of Council representatives with the Ministerial Sub Group.

The Mayor advised that clarification on the above issues would be undertaken and brought back.

A Member of the SDLP grouping stated that there had been two meetings of the Sub Ministerial Sub Group with the last one taking place in April 2015. He stated that the issues of clarification raised by the above Member were important in determining the work rate of such a body and 11

particularly relevant in consideration of the following Notice of Motion which was listed on the Agenda.

(b) Transfer of Prisoner Gavin Coyle to the separation area in Roe House

Councillor Donnelly Moved, Councillor Gallagher Seconded

That this Council calls on the Northern Ireland Prison Service to take action and ensure that republican prisoner Gavin Coyle who has been held in isolation for the last 4 years in Maghaberry Prison is immediately transferred to the separation area in Roe House.

The following amendment was proposed by Councillor Tierney, Seconded by Councillor Boyle

That This Council notes that Gavin Coyle has been held in the Care and Supervision Unit at Maghaberry Prison since 2011; recognises the concern of Gavin Coyle’s family around his health and wellbeing; further recognises the Northern Ireland Prison Service’s responsibility for his safety; and calls on the Northern Ireland Prison Service to enter into dialogue with the Coyle family to understand if transfer to Roe House is appropriate.

The amendment was then put to the Meeting and declared lost there voting 8 For, 27 Against and 1 Abstention.

The original Motion was then put to the meeting and declared carried, there voting 28 For, 7 Against and 1 Abstention.

C329/15 Seal

The Mayor Moved, the Deputy Mayor Seconded and the Council

Resolved that the Seal of the Council be affixed to the following documents:-

Documents Sealed on 1st December 2015 12

Transfer deed in triplicate: Northern Ireland Housing Executive (1) and Derry City and Strabane District Council (2) relating to purchase of land at Rose Court, Waterside, Derry for the construction of recreational play area.

Deed of conveyance in triplicate: Northern Ireland Housing Executive (1) and Derry City and Strabane District Council (2) relating to purchase of land at Irish Street, Waterside, Derry for the construction of recreational play area.

Grants of Right of Burial in Ballyoan Cemetery

Mr Roger Parsons, 10 Glenaden Hill, Waterside, BT47 2LJ. Mr Chris Ross, c/o 25 Granchester Park, Eglinton, BT47 3XR. Mr Andrew White, 32 Sutton Gardens, Kilfennan, BT47 5HP.

C330/15 Local Government Act (Northern Ireland) 2014 Confidential Business

The Mayor Moved, the Deputy Mayor Seconded and the Council

Resolved That in accordance with Section 42, Sub Sections (2) or (4) of the Local Government Act (Northern Ireland) 2014, the press and members of the public be asked to withdraw whilst the Council discuss the following matters:-

Confidential for Decision

(a) Adoption of the Confidential Minutes of the Meeting of Council held on 26 November 2015.

(b) Adoption of the Confidential Minutes of following Committees:- 13

(i) Monthly Governance and Strategic Planning Committee held on 1 December 2015;

(ii) Monthly Assurance, Audit and Risk Committee held on 3 December 2015;

(iii) Monthly Business and Culture Committee held on 8 December 2015;

(iv) Monthly Environment and Regeneration Committee held on 9 December 2015; and

(v) Monthly Health and Community Committee held on 10 December 2015

The Meeting Terminated at 5.40 pm

The Meeting then went into Confidential Business. 14 15