MAGHERAFELT DISTRICT COUNCIL
Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 27 May 2014. The meeting commenced at 7.30 pm.
Presiding: Mrs C Elattar
Other Members Present: Mrs E A Forde J Campbell T J Catherwood M G Kearney G T McFalone B McGuigan Mrs K A McEldowney P McLean J J McPeake Mrs C M O’Neill Mrs P L Smith G C Shiels D O Totten
Officers Present: J A McLaughlin (Chief Executive) J J Tohill (Director of Finance and Administration) A Cassells (Director of Operations) Mrs A M Campbell (Director of Policy and Development) M Young (Director of Environmental Health) Mrs A Junkin (Chief Executive’s Secretary)
1 Apologies
Councillor P J Bateson
2 Minutes
2.1 It was
Proposed by Councillor B McGuigan Seconded by Councillor G T McFalone, and
Resolved: that the Minutes of Meeting of the Council held on Tuesday, 25 March 2014 (copy previously circulated to each Member) be taken as read and signed as correct.
2.2 It was
Proposed by Councillor Mrs P L Smith Seconded by Councillor M G Kearney, and
Resolved: that the Minutes of a Special Meeting of the Council held on Tuesday, 18 February 2014 (copy previously circulated to each Member) be taken as read and signed as correct.
3 Civic Receptions
3.1 Councillor B McGuigan requested a Civic Reception for students at St Colm’s High School to mark them being presented with two Eco awards - the overall Best Project winners at Eco-Unesco’s Young Environmentalist Awards and winners of the Junior Biodiversity Section at Mansion House, Dublin.
Councillor G T McFalone requested a Reception for Hanna Ferguson – All Ireland Scόr Sinsir Solo Singing Champion 2014.
The Chairperson, Councillor Mrs C Elattar requested a Reception for Gemma Bradley a singer / songwriter from Draperstown who had recently won an All Ireland competition for songwriting
Councillor M G Kearney requested a Reception for the McKenna School of Dancing in recognition of having won an All Ireland competition.
3.1.1 Members agreed to the above receptions.
3.2 Councillor P McLean congratulated the Chief Executive and Election Staff for the manner in which they had carried out their duties. The recent Mid Ulster Elections had been managed well and well presented.
3.2.1 Councillors J Campbell, J J McPeake and G C Shiels all spoke of the staff’s achievements and tremendous efforts in having the count completed before midnight. The count was described as a very smooth, well managed operation.
3.2.2 The Chief Executive thanks Members for their comments and undertook to pass on their comments to the staff the next morning.
4 Matters Arising out of the Minutes
4.1 The Chief Executive advised that there were no matters as such arising out of the Minutes.
Noted.
4.2 Submitted letter of reply from Michelle O’Neill MLA, Minister of Agriculture and Rural Development to the Council’s resolution in relation to the issuing of outstanding Single Farm Payments as a matter of urgency and for DARD to seek assurance from Europe that in future years all farm businesses under inspection would be given three months notice in writing.
4.2.1 In her reply, she said that the payments outcome this year had been the best since the Single Farm Payments had been introduced with over 90% of claimants receiving a payment in December. In addition the majority of inspection cases had been paid by the end of February. The Minister further stated that her Department had resolved and completed in April all of the outstanding claims which were subject to inspection, which was earlier than in the previous year.
4.2.2 Ms O’Neill further pointed out that she could not simply release payments without the controls being completed and that her Department was obliged to carry out inspections under EU Regulations. She gave details of inspection checks and the need to avoid the check being compromised. Notification was strictly limited to the minimum period necessary and according to EU regulations “shall not exceed 14 days”. DARD usually advised of an on-farm visit 48 hours in advance.
4.2.3 Finally, she said that she was seeking a reassurance from the European Commission that the Department’s controls were in good order following financial correction in earlier years.
4.2.4 Councillor M G Kearney acknowledged that reply and stated that he had been instrumental in bringing the motion to Council as it was of particular significant to his area.
4.2.5 The contents of the letter were noted.
5 Declarations of Interest
There were no Declarations of Interest.
6 Environmental Health Department
Mr M Young, Director of Environmental Health submitted the report for the month of April 2014 (copy previously circulated to each Member).
6.1 Food Service Plan Review 2013/14
It was
Proposed by Councillor J J McPeake Seconded by Councillor P McLean, and
Resolved: that the food service plan review for 2013/2014 be noted and adopted.
6.2 Food Service Plan 2014/15
It was
Proposed by Councillor T J Catherwood Seconded by Councillor J J McPeake, and
Resolved: that the food service plan for 2014/2015 be noted and adopted.
6.3 Public Analyst Appointment
It was
Proposed by Councillor J J McPeake Seconded by Councillor Mrs K A McEldowney, and
Resolved: that the following persons be appointed as public analysts on behalf of Magherafelt District Council
Susanne Brookes B.Sc., M.Sc., M.Chem.A., FRSC., MAPA. Registered Analytical Chemist
Paul William Hancock B.Sc., M.Chem.A., MRSC., AAPA.
John Anthony Robinson B.Sc., M.Sc., M.Chem.A., C.Sci., C.Chem., FRSC., MIFST., MAPA. Registered Analytical Chemist Registered Expert Witness
Pat Urwin B.Sc., M.Chem.A., C.Chem., MRSC., MAPA.
6.4 Magherafelt Market
Members considered a request to allow the Magherafelt market to operate on Wednesday, 24 December as the traditional day of operation (Thursday) fell on Christmas day in 2014.
6.4.1 After due discussion, it was
Proposed by Councillor J Campbell Seconded by Councillor P McLean, and
Resolved: that the Magherafelt market could operate on Tuesday, 23 December 2014 as an alternative to Thursday 25 December 2014.
6.5 It was
Proposed by Councillor B McGuigan Seconded by Councillor G T McFalone, and
Resolved: that Council adopt the remainder of the report which was for information.
7 Operational Services Department
Submitted report by the Director of Operations for the month of February 2014 (copy previously circulated to each Member).
7.1 Mr Cassells gave a detailed presentation of his report.
7.2 Adoption of the Report
It was
Proposed by Councillor Mrs C M O’Neill Seconded by Councillor D O Totten, and
Resolved : That the Director’s Report marked “Items for Information” was noted.
8 Policy and Development Department
Mrs Anne-Marie Campbell, Director of Policy and Development submitted the Policy and Development report for the month of May 2014 (copy previously circulated to each member).
8.1 Development Services
Events and Festivals Grants
8.1.1 Small community events
Following discussion it was
Proposed by Councillor T J Catherwood Seconded by Councillor B McGuigan, and
Resolved: that Council award grants to the following groups at the amounts listed.
Name of Group Amount Tobermore Girls’ £500 Brigade Magherafelt & District £500 Cage Birds Society Ballinacross LOL £500 Reaching Out £500
8.1.2 Large community events
Following discussion it was
Proposed by Councillor J J McPeake Seconded by Councillor B McGuigan, and
Resolved: that Council award a grant to the following group at the amount listed.
Name of Group Amount Newbridge Camogie Club £1000
8.1.3 Following discussion it was
Proposed by Councillor J J McPeake Seconded by Councillor B McGuigan, and
Resolved: that organisations are able to apply for both Sports Grants and Events and Festivals grants programmes.
8.1.4 Councillor J J McPeake congratulated Council officers and Lough Neagh Partnership officers in presenting the case for the TRAAD project application made to Spaces and Places, Big Lottery programme.
8.1.5 Councillor G T McFalone expressed his thanks to the Council officers who helped organise the Sons of the American Revolution Visit on the 4 May 2014
8.2 Seamus Heaney on Home Ground Festival
Following discussion it was
Proposed by Councillor S McPeake Seconded by Councillor J Campbell
Resolved : that Council supports the festival as detailed in the Council report in terms of providing:
• Local business liaison • Local community liaison • Event management support • Box Office support • Volunteering liaison with Northern Regional College • PR/town centre dressing
Council further agreed that officers liaise with Bellaghy Village Regeneration regarding their proposals for a Heaney festival.
8.3 Irish Language
Following discussion it was
Proposed by Councillor J J McPeake Seconded by Councillor B McGuigan
That Council approve:
• The budget breakdown as presented in the report. • Applications for the Gaeltacht Scholarship Grant programme be funded at a rate of 50% up to an overall total of £15,335. An invitation to partake in the scheme to be offered to all post primary schools in Magherafelt District. • Council support the Adult learners Gaeltacht residential. • Sponsorship of sports equipment to the value of £675 for the Carntogher Summer Scheme. • £200 funding for the GlórantSeanchai Intensive Course. • Reject the request from Carntogher Community Association to fund 4 part Scholarships.
On a vote being taken 10 Members voted for, 4 Members voted against, voting being by show of hands. The Chairperson declared the motion carried.
Councillor P McLean asked if the Gaeltacht Scholarship Grant programme had been offered to all post primary schools in the district and if the scheme had been equality proofed. He further requested that a legal opinion be sought.
Mrs Campbell proposed to seek opinion on this and bring the advice back to a future Council meeting.
It was
Proposed by Councillor Mrs C M O’Neill Seconded by Councillor B McGuigan, and
Resolved: that the report for the Policy and Development Department, as presented, be approved.
9 Licences and Registrations
9.1 Entertainment Licences
Submitted the following applications for Entertainments Licences which were in order and recommended for renewal:-
EL08/14 The Old Clubhouse, 20 Maghera Road, Magherafelt BT45 5QB – Mr Tom Cassidy
EL19/14 Royal British Legion Club, 67 Kilrea Road, Maghera BT46 5RU – Mr Tony Philip McMullin
EL54/14 Gardiners Restaurant, 7 Garden Street, Magherafelt BT45 5DD – Mr Sean Owens, Owensys Trading Co Ltd
EL149/14 Ballyscullion House, 61 Ballyscullion Road, Bellaghy BT45 8NA – Mr Richard Mulholland
9.1.1 It was
Proposed by Councillor G T McFalone Seconded by Councillor Mrs E A Forde, and
Resolved: to grant the renewal of the Entertainments Licences, as submitted.
9.2 Street Trading Licences
9.2.1 Submitted the following applications for Street Trading Licences which were in order and recommended for approval:
ST09/14 Mr Alan Coffey, Something Fishy NI, 1 The Tides, Portavogie BT22 1SE Market Square, Magherafelt
9.2.2 Mobile Street Trading Licence
MTL/02/14 Mr Wesley Bigger, 25 Station Road, Desertmartin BT45 5PD Draperstown, Maghera, Castledawson, Bellaghy & Magherafelt
9.2.3 It was
Proposed by Councillor B McGuigan Seconded by Councillor P J Bateson, and
Resolved: to grant the Street Trading Licences as submitted.
9.3 Licensing Northern Ireland Order 1996
Notice for Application for an Occasional Licence
Submitted Notice of Applications for Occasional Licences under the Licensing Northern Ireland Order 1996 which were for information.
9.3.1 Notice of Application
Tirgan Community Association, 36 Tirgan Road, Moneymore, by McAuleys’ Bar, 51 St Patrick’s Street, Draperstown on 7 June 2014
St Martins GAC, Desertmartin by Joe Gormley, Main Street, Maghera on 15 June 2014
St John Bosco Community Association, 3 Culbane Road, Portglenone by The Waterwall Bar, 187 Mayogall Road, Portglenone on 31 May, 2014
9.3.2 Notice of Application for the Transfer of a Licence
The Cellar Bar, 37 St Patrick’s Street, Draperstown to Brian Donnelly, 59a Cahore Road, Draperstown
9.3.3 Notice of Application for the Transfer of a Licence
The Dry Dock, 34-36 Rainey Street, Magherafelt to Bryan Sinclair & Ciaran Kelly
The Taaj Restaurant, 44 Queen Street, Magherafelt to Manjeev Sharma
Noted.
9.4 Approved Place for Marriages - Marriage (NI) Order 2003
9.4.1 Submitted a place approval application from Ballyscullion Park, 61 Ballyscullion Road, Bellaghy to be approved as a venue for Civil Marriage Ceremonies.
The Chief Executive stated that the appropriate documentation and fee had been received and the premises were considered to be satisfactory.
9.4.2 Following discussion it was
Proposed by Councillor B McGuigan Seconded by Councillor P J Bateson, and
Resolved: that Ballyscullion Park be approved as a place used for the solemnisation of Marriages under the Provision of Marriage (NI) Order 2003 for the period of one year.
10 Payment of Accounts
10.1 Submitted Statements of Expenditure setting out payments to be authorised by the Council from 9 April 2014 to the fourth Tuesday in May 2014 (copies circulated to each Member). The statements made provision for £1,422,772.28 out of the Revenue Account and £53,654.02 out of the Capital Account.
10.2 It was
Proposed by Councillor P McLean Seconded by Councillor G T McFalone, and
Resolved: to approve the Statements of Accounts as submitted from 9 April 2014 to the fourth Tuesday in May 2014.
11 Tender – One 26 tonne Refuse Collection Vehicle
Submitted report on tenders received for the supply of one 26 tonne Refuse Collection Vehicle (copy previously circulated to each Member).
11.1 It was
Proposed by Councillor T J Catherwood Seconded by Councillor B McGuigan, and
Resolved : to award the contract for the purchase of one 26 tonne 6x2 Refuse Collection Vehicle to Castlereagh Motors Ltd, Beechill Road, Belfast in the sum of £142,300.00 plus VAT (one hundred and forty two thousand, three hundred pounds) as tendered.
12 Subscriptions
Submitted the following
12.1 Northern Ireland Milk Cup
Letter from the Secretary County Londonderry Football Association seeking financial assistance towards the running costs of two County teams – Premier and Junior to participate in the 2014 Dale Farm Milk Cup Football Tournament (copy previously circulated to each Member).
12.1.1 Following discussion, it was
Proposed by Councillor P McLean Seconded by Councillor G C Shiels, and
Resolved: that Council makes a donation of £200 to County Londonderry Football Association.
12.2 Lough Neagh Rescue
Letter from the Treasurer, Lough Neagh Rescue requesting the Council’s Annual financial contribution for 2013/14 (copy previously circulated to each Member).
12.2.1 Following discussion, it was
Proposed by Councillor B McGuigan Seconded by Councillor D O Totten, and
Resolved: that Council makes a donation of £1,000 to Lough Neagh Rescue
13 Conferences and Courses
Consideration was given to the nomination of delegates to attend the following -
13.1 New Local Government Signature Event – ‘Strong Councils, Community Stewardship and New Investment’ from transition to transformation to be held on 12 June 2014 at Queens University Belfast, Riddell Hall, Belfast organised by NILGA for political leaders and Senior Executives (details previously circulated to each Member).
Following discussion it was agreed to leave nominations open.
13.2 APSE NI Seminar – The context, strategy and practice of re- organisation and the impacts on councillors and officers To be held in the Braid Town Hall, Museum and Arts Centre, Ballymena on Friday, 13 June 2014 (details previously circulated to each Member).
Following discussion it was agreed to leave nominations open.
14 Consultation Documents
Consideration was given to the following documents:
14.1 Department of Regional Development Consultation Paper – Proposal for the Bus and Coach Passengers’ Rights and Obligations (Designation and Enforcement) Regulation (Northern Ireland) 2014 seeking comments by 27 May 2014 (copy previously circulated to each Member).
14.2 Call for Evidence to all interested parties in order to assist the Northern Ireland Assembly Committee for Employment and Learning with the scrutiny of The Work and Families Bill. Submissions requested by Monday, 23 June 2014 (copy previously circulated to each Member).
14.3 Consultation on Proposed Relaxation of Brucellosis Pre-Movement Testing Controls issued by the Department of Agriculture and Rural Development seeking comments by 4 July 2014 (copy previously circulated to each Member).
14.4 Public consultations on the Department of Regional Development making an Order entitled ‘Level Crossing (McConaghy’s) Order (Northern Ireland) 2014’ and a Statutory Rule entitled ‘Proposed Private Crossings (Signs and Barriers) Regulations (Northern Ireland) 2014 seeking responses by 21 July 2014 (copies previously circulated to each Member).
14.5 A Utility Regulator Consultation on the Implementation of Energy Supplier Codes of Practice seeking comments by 12.30 pm on Monday, 28 July 2014 (copy previously circulated to each Member).
14.6 Letter and Consultation Document from the Department of the Environment on a Proposal to Amend the Waste Management Licensing Regulations (Northern Ireland) 2003 on the recycling of batteries and seeking comments by 8 August 2014 (copy previously circulated to each Member).
14.7 Following discussion it was agreed that if any Member or Party Grouping wished to comment on any of the documents they should submit their comments to the Chief Executive who would arrange to have them sent to the Government Department or body concerned.
15 Public Appointments – Members
Submitted letter from the Department of Enterprise, Trade and Investment, advising that it was responsible for appointments to the Board of Health and Safety Executive for Northern Ireland, and that the Department was seeking to appoint up to four members to fill vacancies on the Board with effect from 1 October 2014. The deadline for the receipt of applications is noon on Friday, 30 May 2014 (letter previously circulated to each Member).
It was agreed to mark the information “read”.
16 Roads Service
The Private Streets (Northern Ireland) Order 1980 – Adoption of Street Works
Cloneen Manor, Crewe Road, Maghera (Stages 1 & 2)
The Hawthornes, Coleraine Road, Maghera including Drive, Crescent and Mews (Stages 0, 1, 2, 3, 4, 5 & 6)
Chapel View, Mullaghboy Road, Bellaghy (Stages 1 & 2)
Sandybraes, Magherafelt (Stages 1 & 2)
(details previously circulated to each Member).
Noted.
17 Forthcoming Meetings
17.1 Consideration was given to a request to make a presentation to Council on ‘Together For You’ a project funded by the Big Lottery Fund aimed at delivering mental health and wellbeing services to a range of people across Northern Ireland (details previously circulated to each Member)
17.1.1 Following discussion it was agreed that a Special Meeting for presentations would be held on Tuesday, 2 September 2014 at 7.00 pm and that the Together For You Team be invited to make a presentation to Council at this meeting.
17.2 After discussion it was agreed that no Council Meetings would be held in July 2014 and that meetings would resume on Tuesday, 12 August 2014.
17.3 It was agreed that the next meeting of the Council’s Audit Committee would be held on Friday, 27 June 2014 at 4.00 pm.
17.4 iPad Training Mr Tohill advised that he was organising training for Members on the new version of the Minutepad and a refresher course on the use of the iPad in the near future. He suggested Wednesday, 4 June 2014.
17.4.1 Following discussion it was agreed that iPad training should be held on Tuesday, 3 June 2014 at 6.00 pm preceded by a hot buffet for those attending.
Resolution to Proceed “In Committee”
It was
Proposed by Councillor Mrs E A Forde Seconded by Councillor Mrs P L Smith, and
Resolved: that the Council proceeds “In Committee”.
Council “In Committee”
17 Staff Matters
The Chief Executive advised that there were no Staff Matters.
18 Legal Matters
This item was taken “In Committee”.
19 Sub Tender – Heaney Centre, Bellaghy
This item was taken “In Committee”.
Proceedings to Proceed in “Open Council”
It was
Proposed by Councillor Mrs C M O’Neill Seconded by Councillor Mrs E A Forde, and
Resolved: that proceedings be resumed in “Open Council”
Proceedings in “Open Council”
It was
Proposed by Councillor Mrs C M O’Neill Seconded by Councillor Mrs E A Forde, and
Resolved: that the foregoing proceedings of the Council “In Committee” be and they are hereby approved and adopted.
20 Sealing of Documents
The Seal of the Council is hereby affixed to the following documents:
20.1 Local Authority Deed Agreement with the Northern Ireland Environment Agency with respect to Ballymacombs Landfill Site PPPC Permit
20.1 Grant of Right of Burial to Mrs Glynis Brown, 18 Lurganagoose Road, Knockloughrim BT45 8QY, wife of Mr Stephen William Brown (deceased) – Plots A149 and A150
20.2 Grant of Right of Burial to Mr Robert Oliver Milne, 48 Ballydermott Road, Bellaghy, husband of Mrs Heather Ida Rhoda Milne (deceased) – K48 and K49
20.3 Transfer of Right of Burial from Mrs Glynis Brown of 18 Lurganagoose Road, Knockloughrim BT45 8QY to Mr Dermot Brown, of 53 Queens Avenue, Magherafelt BT45 8BY – Plot A149
21 Memorial Stones
The Chief Executive advised the Members that two applications had been received:
21.1 Mr William Henry John Nelson (grantee and son of deceased) of 46 Brackaghreilly Road, Maghera BT46 5DJ to erect a memorial stone at Plot A148 – Mr William Nelson
21.2 Mrs Glynis Brown (grantee and wife of deceased) of 18 Lurganagoose Road, Knockloughrim BT45 8QY to erect a memorial stone at Plot A150 – Mr Stephen William Brown.
21.3 It was
Proposed by Councillor P McLean Seconded by Councillor J Campbell, and
Resolved: that Council approve the applications.
22 For the Information of Members
(a) Copy of the Patient and Client Council report entitled ‘Care When I Need It’ – a report on urgent care services (copy previously circulated to each Member) (b) Copy of CARDI E-Bulletin – April 2014 (copy previously circulated to each Member) (c) Copy of Reform Inform – Issue 18 (copy previously circulated to each Member)
The meeting concluded at 8.50 pm.
Chief Executive
The foregoing Minutes are hereby Confirmed.
______(Chairperson)
______(Date)