Minutes

Agenda

1. The Mayor’s Business
2.  Apologies

3.  Declarations of Members’ Interests

4.  Deputation – Sustainable Coastal Communities (attached)

5.  Minutes of Council Meeting held Tuesday 3 November 2020 (attached)

6.  Minutes of Planning Meeting held Wednesday 23 September 2020 and reconvened on Wednesday 28 October 2020 (attached)

7.  Minutes Planning Meeting held Wednesday 28 October 2020  (attached)

8.  Minutes of Environmental Services Meeting held Tuesday 10 November 2020 (attached)

9.  Minutes of Finance Committee meeting held Thursday 12 November 2020 (attached)

10. Minutes of Leisure and Development Meeting held Tuesday 17 November 2020 (attached)

11.  Minutes of Corporate Policy & Resources Committee Meeting held Tuesday 24 November 2020 (to follow)

12.   Matters for reporting to the Partnership Panel

13.  Conferences

14. Correspondence (report attached)

 15.  Consultation Schedule (report attached)

16.   Seal Documents

(i) Grave Registry Certificates, No’s 5047 – 5061 (inclusive).

(ii)  Agreement for Transfer of Ownership “Portacabins/Shower Block” at Coleraine Football Club - CCGBC to Coleraine Football Club (Ref L&P 7/10/2020, CP&R 27/10/2020 and CM 3/11/2020)

(iii)Benone, Benone Avenue - NIE Networks Wayleave Agreement No 814008 for a new underground cable and associated works. (Ref L&P 7/10/2020, CP&R 27/10/2020, CM 3/11/2020)

(iv)Deed of Indemnity in Relation to Design, Support, and Hosting of E-Tourism Website Platform (Ref L&D 16/6/2020,  CM 06/07/2020)

(v)Purchase of Land at Ballywillan Cemetery, Portrush - Form 11 Land Registry Transfer deed (Ref ES 19/12/2019, CM 07/01/2020)

17. Notice of Motion proposed by Councillor McGurk, seconded by Councillor McMullan

This Council, recognising we are in a climate emergency , being aware of the public health risks and environmental damage associated with petroleum exploration and extraction including fracking, and acknowledging the significant cross-community opposition previously expressed in this Borough towards petroleum exploration in the Rathlin Basin, calls on the Minister for the economy to place an immediate ban on all licences for exploration and extraction of hydrocarbons, and further calls on the Minister for Infrastructure to urgently implement changes to deny permitted development rights to any company seeking to prospect for oil, gas and/or other fossil fuels.

18. Notice of Motion proposed by Alderman Finlay, seconded by Councillor McAuley

I, John Finlay, wish to propose that the Memorial Window currently residing in Ballymoney Council Chamber is leased to Ballymoney Royal British Legion for them to display as I feel no-one makes use of the council chamber and the memorial window is never seen.

IN COMMITTEE (Items 19-22 inclusive)

19. Legal Opinions in the matter of 2no. Call In requests in respect of a decision of the Council dated 6 October 2020

19 (i)     Legal Opinion (No1) in the matter of a Call In Notice dated 8 October 2020, in respect of a Council Motion on 6 October 2020, relating to the Happy Raspberry HR Consulting Report into a complaint

(Legal Opinion no. 1 attached)

19 (ii)    Legal Opinion (No.2) in the matter of a Call In Notice in respect of a Council motion on 6 October 2020, relating to the Happy Raspberry Limited Report Into A Complaint

(Legal Opinion no. 2 attached)  

That after full and careful consideration of the Happy Raspberry Report and its findings, that we cannot proceed any further;

The report has been leaked on social media and subsequently leaked to the media.  This has led to a frenzied trial of the Chief Executive on social media before the Chief Executive has had the opportunity to see the report;

Furthermore this is a fundamental breach of Article 6 of the European Convention of Human Rights, the right to a fair trial;

The process is now irrevocably flawed, given the comments which have been made both on the media and social media.

20. Legal Opinion in the matter of a Call In request, in respect of a decision of the Council dated 6 October 2020, relating to the appointment of a Project  Co-Ordinator for the Council’s Northern Ireland Centenary Programme

(Legal Opinion attached)

That Council appoint a Project Co-Ordinator for Council’s Northern Ireland Centenary Programme for the period October 2020 – March 2022.

21.    Legal Opinion in the matter of a Call In request, in respect of a decision of the Council dated 3 November 2020, relating to a Pilot Scheme to change the Opening Hours of Household Recycling Centres located in Kilrea and Garvagh (Legal Opinion attached)

That Council approve Option 1, as amended, to include Monday (Garvagh and Kilrea).

Site        Days Open

HRC 1  Wednesday, Friday, Saturday

HRC 2  Monday, Thursday, Saturday

22.    Legal Opinion in the matter of a Call In request, in respect of a decision of the Council dated 3 November 2020, relating to the Decision to allocate a particular level of funding to the Causeway Coast and Glens Heritage Trust

(Legal Opinion attached)

That Council agree Option 3 - Procure only a number of services detailed in Annex A (previously circulated).  This will require a reduction in the number of projects delivered and therefore the cost to Council will be reduced proportionately.

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