Belfast City Council Minutes 1 March 2005

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A499

Council

Contents

MONTHLY MEETING OF BELFAST CITY COUNCIL

Held in the City Hall on Tuesday, 1st March, 2005 at the hour of 6.00 o’clock p.m., pursuant to Notice.

Members present:The Right Honourable the Lord Mayor (Councillor Ekin) (Chairman); the Deputy Lord Mayor (Councillor O'Donnell); the High Sheriff (Councillor D. Browne); and Councillors Adamson, Alderdice, Attwood, M. Browne, W. Browne, J. Clarke, M. Clarke, Convery, Crooks, Crowe, Crozier, Dodds, Empey, Ervine, Hanna, Hartley, Hutchinson, Kennedy, Lavery, Long, Maginness, Maskey, P. Maskey, McAuley, McCann, McCarthy, McCausland, McClenaghan, McCoubrey, C. McGimpsey, McGimpsey, Moore, Morgan, Newton, Template:Bcc0405-Ní Chuilín, O'Neill, O'Reilly, Patterson, Rodgers, H. Smyth, Stoker, Toan, Walsh and Wilson.

Reading of Scriptures

In accordance with Standing Order 9, the Lord Mayor read a short passage from the Scriptures.

Summons

The Chief Executive submitted the summons convening the meeting.

Apologies

Apologies for inability to attend were reported from Councillors Cush, McMillen and E. Smyth.

Request for Filming of Proceedings

The Chief Executive reported that a request had been received from Ulster Television for permission to film that portion of the proceedings relating to the Notice of Motion on the Agenda to be considered later in the meeting. He requested that the Council indicate whether it wished to grant the request.

The Council agreed to vote by show of hands on whether to grant the necessary consent.

On a vote by show of hands twenty-three Members voted for and seven against Ulster Television being permitted to film that portion of the proceedings.

Minutes

Moved by the Right Honourable the Lord Mayor (Councillor Ekin), Seconded by Councillor O’Neill and

Resolved – That the minutes of the proceedings of the monthly meeting of the Council of 1st February and of the special meeting of the Council of 14th February be taken as read and signed as correct.

Policy and Resources Committee

Moved by Councillor Hartley, Seconded by the High Sheriff (Councillor D. Browne),

That the minutes of the proceedings of the Policy and Resources Committee of 18th and 25th February be and they are hereby approved and adopted.

Amendment

Accommodation and Hospitality – Requests for the Use of Accommodation in the City Hall, Use of the City Hall Grounds and the Provision of Civic Hospitality: The Police Service of Northern Ireland

Moved by Councillor M. Browne, Seconded by Councillor O’Neill,

That the decision of the Policy and Resources Committee of 18th February under the heading “Accommodation and Hospitality – Requests for the Use of Accommodation in the City Hall, Use of the City Hall Grounds and the Provision of Civic Hospitality: The Police Service of Northern Ireland”, agreeing to grant the use of the City Hall and the provision of civic hospitality in the form of a finger buffet reception to mark the Chief Constable’s Commendation Awards, be rejected and accordingly that the application be not granted.

A division on the matter was immediately demanded. A poll having been taken on the amendment, there voted for it thirteen Members, viz., the Deputy Lord Mayor (Councillor O’Donnell); and Councillors M. Browne, Hartley, Kennedy, Lavery, A. Maskey, P. Maskey, McAuley, McCann, McClenaghan, Moore, Ní Chuilín and O’Neill; and against it thirty Members, viz., the Right Honourable the Lord Mayor (Councillor Ekin); the High Sheriff (Councillor D. Browne); and Councillors Adamson, Attwood, W. Browne, J. Clarke, Convery, Crowe, Crozier, Dodds, Empey, Ervine, Hanna, Hutchinson, Long, Maginness, McCarthy, McCausland, McCoubrey, C. McGimpsey, M. McGimpsey, Morgan, O’Reilly, Patterson, Rodgers, H. Smyth, Stoker, Toan, Walsh and Wilson.

The amendment was accordingly declared lost.

Amendment

Event to Highlight Council Initiatives

Moved by Councillor Lavery, Seconded by Councillor McCann and

Resolved – That the decision of the Policy and Resources Committee of 18th February under the heading “Event to Highlight Council Initiatives”, agreeing that the maximum costs for the above-mentioned event be limited to between £30,000 and £80,000, be amended to provide that the organisation of the event be deferred until 2006 to coincide with the Centenary of the City Hall.

Political Processes and Members’ Issues: Water Reform – Response to Consultation

The Council agreed that the decision of the Policy and Resources Committee of 18th February under the heading “Political Processes and Members’ Issues: Water Reform – Response to Consultation”, approving the response to the consultation document, be amended to provide that a letter be forwarded to the Minister with responsibility for the Department for Regional Development requesting that he meet, as a matter of urgency, with the Council to discuss the plans for water reform within Northern Ireland.

Adoption of Minutes

The original proposal relevant to the minutes of the Policy and Resources Committee was thereupon put to the meeting and passed in the following form:

That the minutes of the proceedings of the Policy and Resources Committee of 18th and 25th February be and they are hereby approved and adopted, subject to:

(i) the amendment of the decision of the Policy and Resources Committee of 18th February under the heading “Event to Highlight Council Initiatives”, agreeing that the maximum costs for the aforementioned event be limited to between £30,000 and £80,000, to provide that the organisation of the event be deferred until 2006 to coincide with the Centenary of the City Hall; and

(ii) the amendment of the decision of the Policy and Resources Committee of 18th February under the heading “Political Processes and Members Issues: Water Reform – Response to Consultation Document”, approving the response to the consultation document, to provide that a letter be forwarded to the Minister with responsibility for the Department for Regional Development requesting that he meet, as a matter of urgency, with the Council to discuss the plans for water reform within Northern Ireland.

Client Services Committee

Moved by Councillor Convery, Seconded by Councillor McCann,

That the minutes of the proceedings of the Client Services Committee of 15th February be and they are hereby approved and adopted.

Amendment

Proposal for Name Changes within Client Services

Moved by Councillor Rodgers, Seconded by Councillor Crowe and

Resolved - That the decision of the Client Services Committee of 15th February under the heading “Proposal for Name Changes within Client Services”, agreeing that the Client Services Department become known as the Community and Recreation Department, which would incorporate Parks Services, Community and Leisure Services and the Belfast Waterfront Hall Sections, be amended to provide that the name Belfast Waterfront Hall Section be changed to the Belfast Waterfront and Ulster Halls Section.

Amendment

Proposal for Name Changes within Client Services

Moved by Councillor Crooks, Seconded by Councillor Rodgers,

That the decision of the Client Services Committee of 15th February under the heading “Proposal for Name Changes within Client Services”, agreeing that the Client Services Department become known as the Community and Recreation Department, which would incorporate Parks Services, Community and Leisure Services and the Belfast Waterfront Hall Sections, be amended to provide that the name Parks Services be changed to Parks and Cemeteries Services.

On a vote by show of hands twenty-one Members voted for the amendment and twenty against and it was accordingly declared carried.

Amendment

Group Theatres Users’ Consultation

Moved by Councillor P. Maskey, Seconded by Councillor O’Neill,

That the decision of the Belfast Waterfront Hall Board of 26th January under the heading “Group Theatre Users’ Consultation”, as adopted by the principal Committee at its meeting on 15th February, agreeing to offer for hire the Studio within the Waterfront Hall at the charitable rate to the Amateur Theatre Groups named within the minute, be amended to provide that the Groups who had utilised previously the Ulster Hall/Group Theatre be offered the use of the Studio at the same rate as had been charged for the use of the Group Theatre.

A division on the matter was immediately demanded. A poll having been taken on the amendment, there voted for it sixteen Members, viz., the Deputy Lord Mayor (Councillor O’Donnell); and Councillors M. Browne, Ervine, Hartley, Hutchinson, Kennedy, Lavery, A. Maskey, P. Maskey, McAuley, McCann, McClenaghan, Moore, Ní Chuilín, O’Neill and H. Smyth; and against it twenty-nine Members, viz., the Right Honourable the Lord Mayor (Councillor Ekin); the High Sheriff (Councillor D. Browne); and Councillors Adamson, Alderdice, Attwood, W. Browne, J. Clarke, M. Clarke, Convery, Crooks, Crowe, Crozier, Dodds, Hanna, Long, Maginness, McCarthy, McCausland, McCoubrey, C. McGimpsey, Molloy, Morgan, O’Reilly, Patterson, Rodgers, Stoker, Toan, Walsh and Wilson.

The amendment was accordingly declared lost.

Amendment

Bonfire Management – Pilot Project

Moved by the High Sheriff (Councillor D. Browne), Seconded by Councillor C. McGimpsey,

That the decision of the Client Services Committee of 15th February under the heading “Bonfire Management – Pilot Project”, agreeing certain changes in the Pilot Project and that consideration of the arrangements for the funding of the bonfire sites included in the scheme be deferred to the next monthly meeting of the Committee, be rejected and accordingly that the Pilot Project proceed, subject to the Shore Crescent bonfire site being included in the Pilot and, should agreement not be reached with the organisers of the Taughmonagh bonfire, the Committee give consideration to replacing the Pilot at that location with that at either Finaghy or Roden Street.

Councillor Hutchinson declared an interest in this matter, in that he was employed by one of the organisations which had been selected to be involved in the Pilot Project, and took no part in the vote in respect of the amendment.

After discussion, a division on the matter was demanded. A poll having been taken on the amendment, there voted for it twenty Members viz., the High Sheriff (Councillor D. Browne); and Councillors Adamson, W. Browne, J. Clarke, M. Clarke, Crooks, Crowe, Crozier, Dodds, Empey, Ervine, McCausland, C. McGimpsey, M. McGimpsey, Patterson, Rodgers, H. Smyth, Stoker, Toan and Wilson; and against it twenty-five Members viz., the Right Honourable the Lord Mayor (Councillor Ekin); the Deputy Lord Mayor (Councillor O’Donnell); and Councillors Alderdice, Attwood, M. Browne, Convery, Hanna, Hartley, Kennedy, Lavery, Long, Maginness, A. Maskey, P. Maskey, McAuley, McCann, McCarthy, McClenaghan, Molloy, Moore, Morgan, Ní Chuilín, O’Neill, O’Reilly and Walsh.

The amendment was accordingly declared lost.

Adoption of Minutes

The original proposal relevant to the minutes of the Client Services Committee was thereupon put to the meeting and passed in the following form:

That the minutes of the proceedings of the Client Services Committee of 15th February be and they are hereby approved and adopted, subject to the amendment of the decision of the Client Services Committee of 15th February under the heading ‘Proposal for Name Changes within Client Services’, agreeing that the Client Services Department become known as the Community and Recreation Department, which would incorporate Parks Services, Community and Leisure Services and the Belfast Waterfront Hall Sections, to provide that the name Parks Services be changed to Parks and Cemeteries Services and that the name Belfast Waterfront Hall be changed to Belfast Waterfront and Ulster Halls Section.

Contract Services Committee

Moved by Councillor O’Neill, Seconded by the High Sheriff (Councillor D. Browne) and

Resolved – That the minutes of the proceedings of the Contract Services Committee of 31st January and 10th February be and they are hereby approved and adopted.

Development Committee

Moved by Councillor Crozier, Seconded by Councillor Rodgers,

That the minutes of the proceedings of the Development Committee of 16th February be and they are hereby approved and adopted.

Requests for Matters to be Taken Back for Further Consideration

Fáilte Feirste Thiar Eurozone Proposal

At the request of Councillor McCann, the Chairman (Councillor Crozier), with the consent of the Council, agreed that the minute of the Tourism and Promotion of Belfast Sub-Committee of 9th February under the heading “Fáilte Feirste Thiar Eurozone Proposal”, as adopted by the principal Committee at its meeting on 16th February, be taken back to the Sub-Committee for further consideration.

Civic Links with the Municipality of Northern Nicosia

Councillor M. Browne requested that the minute of the Economic Development Sub-Committee of 2nd February under the heading “Civic Links with the Municipality of Northern Nicosia”, as adopted by the principal Committee at its meeting on 16th February, be taken back to the Sub-Committee for further consideration. The Council determined to vote on whether it would grant the necessary consent to the matter being taken back.

On a vote by show of hands thirteen Members voted for the minute being taken back and twenty-two against.

The Council accordingly did not consent to the minute being taken back to the Sub-Committee for further consideration.

Adoption of Minutes

The original proposal relevant to the minutes of the Development Committee was thereupon put to the meeting and passed in the following form:

That the minutes of the proceedings of the Development Committee of 16th February be and they are hereby approved and adopted, subject to the omission of the minute of the Tourism and Promotion of Belfast Sub-Committee of 9th February under the heading “Fáilte Feirste Thiar Eurozone Proposal”, as adopted by the principal Committee at its meeting on 16th February, which, at the request of Councillor McCann, is taken back to the Sub-Committee for further consideration.

Health and Environmental Services Committee

Moved by Councillor J. Clarke, Seconded by Councillor O’Reilly,

That the minutes of the proceedings of the Health and Environmental Services Committee of 7th February be and they are hereby approved and adopted.

Amendment

Moved by Councillor McAuley, Seconded by Councillor Moore,

That the decision of the Health and Environmental Services Committee of 7th February under the heading “Environmental Health – Council Approach to Anti-Social Behaviour”, agreeing to adopt Option C as contained within the report submitted, be amended to provide that the Council agrees that the matter be referred back to the Committee for further consideration.

After discussion, a division on the matter was demanded. A poll having been taken on the amendment, there voted for it twelve Members, viz., the Deputy Lord Mayor (Councillor O’Donnell); and Councillors M. Browne, Hartley, Kennedy, Lavery, P. Maskey, McAuley, McCann, McClenaghan, Moore, Ní Chuilín and O’Neill; and against it thirty-three Members, viz., the Right Honourable the Lord Mayor (Councillor Ekin); the High Sheriff (Councillor D. Browne); and Councillors Adamson, Alderdice, Attwood, W. Browne, J. Clarke, M. Clarke, Convery, Crooks, Crowe, Crozier, Dodds, Empey, Hanna, Long, Maginness, McCarthy, McCausland, McCoubrey, C. McGimpsey, M. McGimpsey, Molloy, Morgan, Newton, O’Reilly, Patterson, Rodgers, H. Smyth, Stoker, Toan, Walsh and Wilson. Two Members, viz., Councillors Ervine and Hutchinson, did not vote.

The amendment was accordingly declared lost.

Adoption of Minutes

The original proposal relevant to the minutes of the Health and Environmental Services Committee was thereupon put to the meeting and passed.

Town Planning Committee

Moved by Councillor Adamson, Seconded by Councillor Lavery,

That the minutes of the proceedings of the Town Planning Committee of 3rd, 17th and 23rd February, omitting matters in respect of which the Council has delegated its powers to the Committee, be and they are hereby approved and adopted.

Amendment

Moved by Councillor M. McGimpsey, Seconded by Councillor Hanna,

That the decision of the Town Planning Committee of 3rd February under the heading “Planning Applications – 44 Windsor Park”, agreeing to adopt the recommendation of the Divisional Planning Manager to grant approval to two applications for the demolition of buildings at the former Royal Irish Regiment Depot and the removal of underground tanks a perimeter fence, together with the construction of a residential development comprising seventy-five apartments and a basement car park at the above-mentioned location, be rejected and accordingly that the recommendation of the Divisional Planning Manager to approve the applications be rejected on the grounds that the site is inadequate for a development of this nature, would be out of character with the properties in the surrounding area and would be in contravention of a tree-preservation order on the site.

After discussion, a division on the matter was demanded. A poll having been taken on the amendment, there voted for it twenty-nine Members, viz., the Right Honourable Lord Mayor (Councillor Ekin); the Deputy Lord Mayor (Councillor O’Donnell); and Councillors Alderdice, Attwood, J. Clarke, M. Clarke, Convery, Crooks, Crowe, Empey, Hanna, Hartley, Lavery, Long, Maginness, A. Maskey, McAuley, McCann, McCarthy, McCoubrey, C. McGimpsey, M. McGimpsey, Molloy, Morgan, O’Reilly, Patterson, Rodgers, Stoker and Walsh; and against it eleven Members, viz., the High Sheriff (Councillor D. Browne); and Councillors Adamson, W. Browne, Crozier, Ervine, Hutchinson, McCausland, Newton, H. Smyth, Toan and Wilson.

The amendment was accordingly declared carried.

Adoption of Minutes

The original proposal relevant to the minutes of the Town Planning Committee was thereupon put to the meeting and passed in the following form:

That the minutes of the proceedings of the Town Planning Committee of 3rd, 17th and 23rd February, omitting matters in respect of which the Council has delegated its powers to the Committee, be and they are hereby approved and adopted, subject to the rejection of the decision of the Town Planning Committee of 3rd February under the heading “Planning Applications – 44 Windsor Park”, agreeing to adopt the recommendation of the Divisional Planning Manager to grant approval to two applications for the demolition of buildings at the former Royal Irish Regiment Depot and the removal of underground tanks and a perimeter fence, together with the construction of a residential development comprising seventy-five apartments and a basement car park at the above-mentioned location on the grounds that the site is inadequate for a development of this nature, would be out of character with the properties in the surrounding area and would be in contravention of a tree preservation order on the site.

Further Requests for Filming of Proceedings

The Lord Mayor informed the Members that, whilst the meeting had been taking place, three further requests had been received from media organisations for permission to film that portion of the proceedings relating to the Notice of Motion included on the Agenda. He requested that the Council indicate whether it wished to grant the requests.

After discussion, the Council agreed to vote by division on whether it wished to grant the necessary consent. A poll having been taken on the matter, thirty three Members voted for the granting of the necessary consent, viz., the Right Honourable the Lord Mayor (Councillor Ekin); the Deputy Lord Mayor (Councillor O’Donnell); and Councillors Alderdice, Attwood, M. Browne, W. Browne, Convery, Crozier, Dodds, Hanna, Hartley, Kennedy, Lavery, Long, Maginness, A. Maskey, P. Maskey, McAuley, McCann, McCarthy, McCausland, McClenaghan, Molloy, Moore, Morgan, Newton, Ní Chuilín, O’Neill, O’Reilly, Patterson, Toan, Walsh and Wilson; and against three Members, viz., Councillors Crooks, Ervine and Hutchinson. Eleven Members, viz., the High Sheriff (Councillor D. Browne); and Councillors Adamson, J. Clarke, M. Clarke, Empey, McCoubrey, C. McGimpsey, M. McGimpsey, Rodgers, H. Smyth and Stoker, did not vote.

Accordingly, the media organisations were admitted to the meeting.

Notice of Motion

Murder of Mr. Robert McCartney

In accordance with Notice on the Agenda, Councillor McCarthy proposed:

“This Council condemns the murder of Robert McCartney, and commends the courage and dignity shown by the McCartney family. We offer the fullest condolences and support to the family circle in their quest for justice.
This Council calls on the entire community to show the same courage and dignity displayed by Mr. McCartney’s family.
This Council believes that the suffering and abuse dealt to the community by criminals must end, and demands an end to the intimidation of witnesses and calls on the community to co-operate with the due process of the law to apprehend the organisers and perpetrators of this crime, and in particular encourages all those with information and/or evidence to give it to the PSNI, so that those involved in this heinous murder may be brought to justice.”

The proposal was seconded by Councillor Morgan.

Amendment

Moved by the Deputy Lord Mayor (Councillor O’Donnell), Seconded by Councillor A. Maskey,

“That the Notice of Motion standing in the name of Councillor McCarthy under the heading “Murder of Mr. Robert McCartney” be amended to read as follows:
  1. This Council condemns the murder of Robert McCartney, and commends the courage and dignity shown by the McCartney family. We offer the fullest condolences and support to the family circle in their quest for justice.
  2. This Council calls on the entire community to show the same courage and dignity displayed by Mr. McCartney’s family.
  3. This Council believes that the suffering and abuse dealt out to the community by criminals must end, and demands an end to any intimidation of witnesses and calls on the community to co operate with the due process of law to apprehend the organisers and perpetrators of this crime, and in particular encourages all those with information and/or evidence to bring it forward through an avenue of their choice, so that those involved in this heinous murder may be brought to justice.
  4. This Council recognises that many people will choose the PSNI as that avenue while many others will choose to bring forward any information they may have to the family, a solicitor or some other authoritative or reputable person or body.”

After a lengthy discussion, the Motion as amended was put to the meeting.

On a vote by show of hands thirteen Members voted for the Motion as amended and thirty three against. The Motion as amended was accordingly declared lost.

The original Notice of Motion standing in the name of Councillor McCarthy and seconded by Councillor Morgan was thereupon put to the meeting.

A division on the matter was immediately demanded. A poll having been taken on the proposal, there voted for it thirty-three Members, viz., the Right Honourable the Lord Mayor (Councillor Ekin), the High Sheriff (Councillor D. Browne); and Councillors Adamson, Alderdice, Attwood, W. Browne, J. Clarke, M. Clarke, Convery, Crooks, Crowe, Crozier, Dodds, Empey, Ervine, Hanna, Hutchinson, Long, Maginness, McCarthy, McCausland, C. McGimpsey, M. McGimpsey, Molloy, Morgan, Newton, O’Reilly, Patterson, Rodgers, Stoker, Toan, Walsh and Wilson; and it against it none. Thirteen Members, viz., the Deputy Lord Mayor (Councillor O’Donnell); and Councillors M. Browne, Hartley, Kennedy, Lavery, A. Maskey, P. Maskey, McAuley, McCann, McClenaghan, Moore, Ní Chuilín and O’Neill, did not vote.

The Motion was accordingly declared carried.




Lord Mayor Chairman

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