MAGHERAFELT DISTRICT COUNCIL

MINUTES OF Proceedings of a Meeting of Magherafelt District Council held in the Bridewell, 6 Church Street, Magherafelt on Tuesday, 10 August 2004. The meeting commenced at 7.30 pm.

Presiding: P E Groogan

Other Members Present: R A Montgomery T J Catherwood O T Hughes J Junkin J F Kerr Miss K A Lagan J A McBride Rev Dr R T Wm McCrea, MLA P H McErlean P McLean J J McPeake H E Mullan S O’Brien J P O’Neill G C Shiels

Officers Present: J A McLaughlin (Chief Executive) J J Tohill (Director of Finance and Administration) C W Burrows (Director of Environmental Health) W J Glendinning (Director of Building Control) T J Johnston (Director of Operations) Mrs A Junkin (Chief Executive’s Secretary)

1. SYMPATHY The Chairman, Councillor P E Groogan expressed sympathy with Councillor T J Catherwood on the 260/8/2004 recent death of his father.

1.1 In reply, Councillor Catherwood thanked the Council for the lovely wreath sent and the sympathy expressed to him by many of the Councillors on the death of his father.

1.2 Councillor Rev McCrea also sympathised with Councillor Catherwood and the Catherwood family.

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2. MINUTES It was

PROPOSED by Councillor R A Montgomery, Seconded by Councillor Rev Dr R T Wm McCrea, and

RESOLVED: that the Minutes of the Annual Meeting of the Council held on Tuesday, 8 June 2004 (copy circulated to each Member) be taken as read and signed as correct.

2.1 It was

PROPOSED by Councillor J F Kerr, Seconded by Councillor Miss K A Lagan, and

RESOLVED: that the Minutes of the Meeting of the Council held on Tuesday, 8 June 2004 (copy circulated to each Member) be taken as read and signed as correct.

3. MATTERS ARISING 3.1 Submitted letters of thanks from Mrs OUT OF THE MINUTES Margaret Johnston, Bellaghy, Northern Ireland Chest, Heart & Stroke and Emergency Medical Care for Council donations.

Noted.

3.2 Submitted letter from Mr H Gallagher, Roads Service in connection with a request for a footpath at Craigadick Road, Maghera dated 28 June 2004 (copy circulated to each Member).

3.2.1 The letter intimated that the identification and prioritisation of footways was carried out by the Forward Planning Section of the Roads Service. Roads Service acknowledged the desirability of providing the footway in this location and had been seeking to advance this proposal. A 98 metre section of the footpath (from Milltown Bridge to Falgortrevy Road) had been programmed for 2004/2005.

3.2.2 It was hoped that further sections of the footway could be promoted but due to difficulties with acquiring land it had not been possible to programme further work for Craigadick Road for this financial year. Mr Gallagher stated that negotiations with landowners were ongoing and he hoped that a successful resolution would be possible.

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3.2.3 Councillor Miss Lagan stated that the acquisition of the land in question by the Roads Service depended on the Area Plan and she further understood that this ground which the owner was going to develop.

Noted.

3.3 Submitted a letter from the Chairperson of Upperlands Community Development Ltd and copy of Statement of Case presented to the Planning Appeals Commission in connection with the Appeal by William Clark & Sons, Upperlands for a housing development (retain industrial works) Lands surrounding and incorporating Clark’s Industrial Works, Kilrea Road, Upperlands, thanking the Council of its unanimous support for their case.

Noted.

4. CONGRATULATIONS The Chairman, Councillor P E Groogan congratulated Ballinascreen U14 Hurling Team on 260/8/2004 winning the All-Ireland Feíle and proposed that a message of congratulations be sent to the Chairman of Ballinascreen GAC and that the Council host a Reception for the team in the near future.

4.1 Councillor J J McPeake seconded the Chairman’s proposal and it was accordingly agreed.

4.2 Councillor R A Montgomery requested that congratulations be extended to Tobermore Concrete Products on being awarded the Queen’s Award for Enterprise which was gained for outstanding achievements in the International Trade Category thus recognising the company’s success in exporting to the Republic of Ireland.

4.2.1 Councillor Rev Dr R T Wm McCrea seconded the proposal, which was adopted by Council.

5. EMERGENCY Councillor J F Kerr requested that he be allowed to RESOLUTIONS bring forward an emergency resolution in connection with announcements made earlier in the day on the introduction of water charges.

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5.1 The Chief Executive advised that in order for the resolution to be considered, it would be necessary for Standing Orders to be set aside.

5.2 It was

PROPOSED by Councillor Miss K A Lagan, Seconded by Councillor Rev Dr R T Wm McCrea, and

RESOLVED: that Standing Orders be set aside.

5.3 Councillor J A McBride stated that he also had an emergency resolution from the SDLP grouping but he considered that perhaps it should be kept until after the other motions placed on the Agenda, had been taken.

5.4 Councillor Rev McCrea enquired if the two resolutions were linked and if it was linked to any of the other motions.

5.5 Councillor McBride stated that his motion was in connection with the loss of jobs in the Water and Roads Service.

5.6 Councillor Rev McCrea suggested that if it was not linked with the other motions the emergency resolution should be taken at this point in the meeting.

5.7 Councillor J A McBride read his motion:

“In light of this evening’s report in the Belfast Telegraph that over 1,000 jobs in the Water and Roads Service are to be lost in the next 4 years and given that considerable numbers of people locally are employed in these Services that the Council seeks a meeting with the minister to discuss our concerns.”

5.8 Councillor R A Montgomery said that he understood that 350 jobs would be lost in the Roads Service and 700 jobs in the Water Service.

5.9 Councillor Rev McCrea pointed out that these were two separate resolutions.

5.10 The motion was seconded by Councillor Miss K A Lagan and unanimously adopted.

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5.11 Councillor J F Kerr read his motion, as follows:

“That this Council is opposed to the imposition of water charges as announced by Minister Spellar today (Tuesday 10 August 2004)

and further, that this Council writes to the Minister informing him of its opposition to and rejection of these charges

and further, that this Council is opposed to the creeping privatisation of public services, like water.”

5.12 Councillor Kerr said that he felt that this announcement was the beginning of privatisation of public services. He felt that people had paid for water services through their rates and they would then be paying for the service a second time if water charges were implemented. He was opposed to such an imposition.

5.13 Councillor J J McPeake seconded the motion which was unanimously adopted.

5.14 It was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J A McBride, and

RESOLVED: that the meeting resume under Standing Orders.

6. DRAFT AREA PLAN Submitted the following letters:

108/8/2004 6.1 Letter from the Chief Executive of the Planning Service dated 1 July 2004 replying to the Council’s submission of objections to the Draft Magherafelt Area Plan 2005 (copy circulated to each Member).

6.1.1 In the letter the Chief Executive explained that the time period for making objections to the Draft Plan was set by current legislation at six weeks and the legislation did not allow for any discretion to alter or extend this period whatever the circumstances, and therefore could not accede to the Council’s request.

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6.1.2 The letter further intimated what whilst agreeing with the Council’s comments the response to the recent publication of the Draft Plan had resulted in 5,000 representations within the statutory period, including the Council’s own submission received on 8 June 2004.

6.1.3 Arrangements would be made for all the objections to be put on public display in the near future and for a period to be allowed for counter- objections. The Planning Service will consider all representations and attempt to resolve all the objections. Where objections could not be resolved, the Planning Appeals Commission might be requested to hold a Public Local Inquiry to consider the recommendations and then decide whether to adopt the Magherafelt Area Plan in whole, or part, with or without modification. The Council would be advised of any such inquiry.

Noted.

6.2 Submitted letter from the Chief Executive of the Planning Service in reply to the Council’s letter about the weight being given to the Draft Area Plan 2015 in determining planning applications in the District (copy circulated to each Member).

6.2.1 The letter advised that contrary to the Council’s reasons for the delays, they were mainly due to the volume of work, the complexity of certain applications in the system and their ability to obtain resources into the Division quickly enough to deal with the increase. The industrial action was not affecting normal daytime working in the office.

6.2.2 Councillor R A Montgomery noted that the point made on industrial action did not carry as the third reason given on the e-mail from the Planning Officer as to why there would be no site meetings until after the September meeting was because of industrial action.

6.2.3 Councillor Miss K A Lagan expected more industrial action before the end of September.

6.2.4 Councillor Rev Dr R T Wm McCrea reckoned that there would be no planning schedule for next month (September).

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He further pointed out that the e-mail received from the planning officer was contrary to the contents of the letter regarding industrial action. In paragraph 4 of the letter he referred to “such policies being given appropriate weight at each stage of the process”, yet further on in the paragraph, Mr Ferguson said, “the weight to be attached to the document is a matter for careful consideration and judgement in relation to the particular approval applied for”. Councillor Rev McCrea said that he rejected this as inappropriate to the weight put on the Area Plan. The level of communication was unacceptable in fact ridiculous, green approval forms were not being sent out by the planning office for some time, in fact sometimes up to six months after a decision, and held up mortgages, building, etc, even for those applicants not affected by the Area Plan.

6.2.5 Councillor Montgomery also added that delay in processing applications and sending out approval certificates affected Peace II and NORTI funding, and funding could be lost particularly when there was a time limit on funding.

6.2.6 Councillor J A McBride agreed with all the comments made and said that the situation and the reply was most unsatisfactory particularly regarding communication, the weight referred to in paragraph 4 of the letter which he said in short there was no choice, but it did not follow. He disagreed with the comments mad in the final paragraph of the letter, which stated that no applicant would be disadvantaged by the Draft Magherafelt Area Plan. Councillor McBride claimed that many applicants had been severely disadvantaged by the Draft Area Plan.

6.3 Draft Response: The Chief Executive submitted copies of the Draft Response to the Review of the Regional Housing Growth Indicators in the Regional Development Strategy prepared by Mr David Donaldson, Farningham McCreadie Partnership Limited (copy circulated to each Member).

6.3.1 The Chief Executive stated that in his opinion, the Draft was a professional piece of work. He referred to Page 17, paragraph 4.31 on the points to be made:

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• From an analysis of build rates the Housing Growth Indicators (HGI) for Magherafelt District should be at least 5,200; • To the above must be added an allowance of about 1,300 dwellings to allow for economic growth and rural development. This would increase the HGI to 6,500 by 2015; • The draft Area Plan should incorporate the following:

- an over-zoning allowance of 25% (1,625 units); - an additional 3 years supply to cover the end years of the plan (1,150 units).

This meant that, based upon the revised HGI of 6,500, the draft Plan should make provision for up to 9,275 dwellings to be approved in the period up to 2105.

6.3.2 The Chief Executive said that the argument had been robustly made.

6.3.3 Councillor Rev McCrea said that this was an excellent document and gave a good argument and thought had been followed through but some changes were needed. He suggested that if the Council were in agreement, the group party leaders should be allowed to finalise the document before releasing the final document.

6.3.4 Councillor J F Kerr said that he had some concerns. Mr Donaldson had distilled all the issues into one readable document and had made his argument robustly, particularly the point that there would be three years at the end of the plan when there would be no build. He said that it would be 2007-2008 before the Plan would be published and the land zoned for development would run out by 2010. Councillor Kerr pointed out that this document “cut the feet” from under the Draft Area Plan; in fact it was not a Plan at all as no real thought had been given to the social impact.

6.3.5 Councillor G C Shiels stated that the document seemed to be realistic regarding over- zoning and seemed to be keeping the foot-print down.

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6.3.6 Councillor Miss K A Lagan referred to the Housing Growth Indicators figure of 3,600. This figure, she said, was “set in stone”, of so the Council had been told, but she had always challenged it. She regretted that this recommendation had come much too late.

6.3.7 The Chief Executive explained that the figure of 3,600 had come from the Department of Regional Development to the Department of the Environment and there was nothing they could do. This was the first time that the Council could respond to the Review of the Regional Housing Growth Figures.

6.3.8 Councillor Miss Lagan enquired of the Chief Executive if the review had been brought forward.

6.3.9 The Chief Executive replied, yes.

6.3.10 1t was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor P McLean, and

RESOLVED: that the document be finalised and brought back to the group party leaders before forwarding the document to the Department of Regional Development.

7. BUILDING CONTROL The Director of Building Control presented the DEPARTMENT Department’s reports for the periods 9 June to 6 July 2004 and 7 July to 3 August 2004 (copies 210/8/2004 circulated to each Member).

7.1 Mr Glendinning stated that during the period of the report (9 June – 6 July 2004) thirty applications had been recommended for approval.

7.1.1 During the period from 1 April 2003 to 6 July 2004, one hundred and fifty-three Building Notice Applications had been completed and one hundred and twenty-six Regularisation Applications had been completed.

7.1.2 There were no rejections. Eighty-four applications had commenced on site and thirty-four applications were found to be complete in accordance with Building Regulations.

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7.2 Mr Glendinning stated that during the period of the report (7 July – 5 August 2004) thirty-seven applications had been recommended for approval.

7.2.1 There were two extensions of time – MA/2012/0057 in the name of Mervyn Brown, 2 Motalee Road, Magherafelt for an extension to a dwelling and MA/2012/0066 in the name of Colm McMullan, 19 Rocktown Lane, Knockloughrim for an extension to a dwelling and garage. There were three cancellations – MA/2012/0001 – NIE The Housing Centre, 2 Adelaide Street, Belfast for the extension to a dwelling (Housing Executive) at 72 Glenelly Villas, Draperstown, MN/2001/0001 – Mr Malachy McGuckin, 1 Westland Drive, Magherafelt for alterations and extension to dwelling, and MN/2001/0020 – Mrs Annie Johnston , 90 Queen’s Avenue, Magherafelt for the installation of a wheelchair lift.

7.2.2 During the period from 7 July 2004 to 3 August 2004, three Regularisation Applications had been completed and twenty-three Building Notice Applications had been completed.

7.2.3 There were no rejections. Seventy-two applications had commenced on site and thirty-two applications were found to be complete in accordance with Building Regulations.

7.3 It was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor R A Montgomery, and

RESOLVED: that the reports as submitted be adopted.

7.4 Councillor Rev Dr R T Wm McCrea referred to the number of applications by the Northern Ireland Housing Executive for conversion from solid fuel to oil heating but he said, there were still a large number of houses still requiring conversions to complete this scheme of work. He requested that the Chief Executive write to the new manager of the local office of the Northern Ireland Housing Executive encouraging the completion as soon as possible.

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7.4.1 Councillor Miss K A Lagan in seconding the proposal, which was unanimously adopted, asked if the feasibility study would be coming to an end as it seemed to be going on forever.

8. NAMING AND Consideration was given to the naming and NUMBERING OF numbering of the following developments: STREETS 8.1 Four dwellings at Bellshill Road, PN 109 Castledawson for Kylen Construction. The name suggested by the developer was “Ashbourne Dell”.

8.1.1 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor T J Catherwood, and

RESOLVED: that the four dwellings at Bellshill Road, Castledawson be named “Ashbourne Dell”.

PN 110 8.2 Phase II of Tobermore Road, Magherafelt development for F P McCann Development Ltd. The name suggested by the developer was “Rainey View”.

8.2.1 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor P McLean, and

RESOLVED: that Phase II of the development at Tobermore Road, Magherafelt by F P McCann Development Ltd be named “Rainey View”.

PN 111 8.3 A housing development at Queen’s Avenue Magherafelt for W J Contracts Ltd. The name suggested by the developer was “The Oasis”.

8.3.1 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J A McBride, and

RESOLVED: that the housing development at Queen’s Avenue, Magherafelt for W J Contracts Ltd be named “The Oasis”.

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9. ENTERTAINMENT Submitted the following applications for LICENCES Entertainments Licences which were recommended for renewal.

E. 14 St Swithin’s Church Hall 45 Church Street, Magherafelt – Rev T Scott

E. 60 McKinney Memorial Hall 33 Main Street, Tobermore - Tobermore Community Projects

9.1 On consideration it was

PROPOSED by Councillor J F Kerr Seconded by Councillor Miss K A Lagan, and

RESOLVED: that the applications as submitted be renewed.

10. PETROLEUM The following applications were submitted for LICENCES Petroleum Licences which were in order and recommended for renewal:

P.11 Bradley’s Filling Station, 57 Tobermore Road, Desertmartin – Mr F P Bradley

P.47 The Garage, Main Street, Swatragh – Mr Thomas McGuigan

P.51 24/7 Fuels, 158 Moneygran Road, Portglenone – Mr Paul Kelly

P.57 Glenone Service Station 34 Clady Road, Portglenone – McCann Bros

P.59 Crossroads Filling Station 186 Drumagarner Road, Kilrea - Mr J Convery

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10.1 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor Miss K A Lagan, and

RESOLVED: that the applications as submitted for Petroleum Licences be renewed.

11. AMUSEMENT PERMIT Submitted the following application for an Amusement Permit for the following premises which was recommended for renewal:-

A5 Declan Scullion, 4 Castle Street, Bellaghy

11.1 On consideration it was

PROPOSED by Councillor J F Kerr, Seconded by Councillor J A McBride, and

RESOLVED: that the application as submitted be renewed.

12. BOOKMAKERS Submitted, for information, applications for the LICENCES renewal of Bookmakers Licences.

12.1 The Chief Executive reported that the premises had all been inspected and found to be satisfactory and that sufficient sanitary accommodation was provided:

John D Rainey 104-106 Main Street, Maghera John J Rainey Hall Street, Maghera John D Rainey 21 New Row, Castledawson John J Rainey Castle Street, Bellaghy L Stanley Ltd 2 Broad Street, Magherafelt L Stanley Ltd 27 Queen Street, Magherafelt

13. PLANNING SERVICE Consideration was given to the following MANAGEMENT BOARD submissions to be made to the Planning Service Management Board: 184/8/2004 13.1 H/2003/0760/O – Mr H Leacock: Councillor G C Shiels requested that the submission for this application be deferred for a further month.

Noted.

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13.2 H/2003/0827/F – Miss J Derby: Councillor Rev McCrea advised that the Divisional Planning Manager, Mrs O’Toole was still in the process of making a decision on this application and referred to Item 59 in the schedule “Applications Still Under Consideration”. He said that it was inappropriate to send a submission to the Planning Management Board at this time.

Councillor J A McBride agreed to defer making a submission for a further month.

14. PLANNING SERVICE Submitted letter of reply dated 16 July 2004 from the Divisional Planning Manager to the Council’s 185/8/2004 letter on the revised format of the planning schedule (copy circulated to each Member).

14.1 The letter intimated that the rationale for the revised format essentially sought to facilitate ease of public access. It also provided consistency across the Planning Service and consistency between what the public would read on the website and the layout of the schedule presented to Council. Mrs O’Toole further pointed out that when Councillors were approached by objectors to approvals as well as disappointed applicants whose applications were recommended for refusal, the numerical order was the most effective and efficient and brought both approvals and refusals to the attention of Councillors in equal fashion.

14.1.1 Whilst the main schedule would remain unchanged the inclusion of the separate schedule of “applications still under consideration” would be resumed as requested.

Noted.

14.2 Submitted the Divisional Planning Service’s report dated 10 August 2004 (copy circulated to each Member). The following applications were taken into special consideration:-

14.2.1 The Chief Executive drew the Members’ attention to the e-mail from Miss Denise Dickson, Planning Officer enclosing a site meeting schedule.

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Miss Dickson stated that the reasons for the dates being Thursday, 16 and Friday, 17 September 2004 was due to the following:

1 Annual Leave 2 Preparation for appeals and appeal hearings 3 Industrial strike action.

Noted.

14.2.2 New Applications:

H/2002/1061/F – Messrs P & S Mulholland Refusal. It was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor P H McErlean, and

RESOLVED: that in the event of the application being forwarded to the Planning Appeals Commission the Council give the application its full support.

H/2002/1106/F – Mr S Kerr Deferred. Site meeting to be arranged for Thursday, 16 September 2004 at 3.00 pm. Councillor Miss K A Lagan to attend.

H/2003/0124/O – Design Planning Approval.

H/2003/0263/F – Mr & Mrs Shiels Deferred. Site meeting to be arranged for Friday, 17 September 2004 at 2.30 pm. Councillors R A Montgomery and G C Shiels to attend.

H/2003/0622/F – Mascott Construction Ltd Deferred. Site meeting to be arranged for Thursday, 16 September 2004 at 9.30 am. Councillors O T Hughes and J A McBride to attend.

H/2003/0997/F – Mr B Young Deferred. Site meeting to be arranged for Thursday, 16 September 2004 at 10.00 am. Councillors J A McBride and Rev Dr R T Wm McCrea to attend.

H/2003/1042/F – Mr G McGill Approval.

H/2003/1366/F – Mr T McKeown Approval. 16

H/2003/1369/F – Mr E McCrystal Deferred. Site meeting to be arranged for Friday, 17 September 2004 at 1.30 pm. Councillors Miss K A Lagan and J J McPeake to attend.

H/2003/1392/O – Mr M Doherty Deferred. Site meeting to be arranged for Friday, 17 September 2004 at 9.30 am. Councillor J A McBride to attend.

H/2003/1422/O – Mr S Kearney Deferred. Site meeting to be arranged for Friday, 17 September 2004 at 10.10 am. Councillor J F Kerr to attend.

H/2003/1452/F – C McCann Withdrawn from schedule by the Planning Office.

H/2003/1455/O – D Steele Deferred. Site meeting to be arranged for Friday, 17 September 2004 at 11.50 pm. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/1456/O – D McKay Approval.

H/2003/1468/F – Mr J Murray Approval.

H/2003/1482/O – Mr J Payne Approval.

H/2003/1484/F – Heron Property Ltd Deferred for one month

H/2003/1485/O – D Kidd Deferred. Site meeting to be arranged for Thursday, 16 September 2004 at 11.50 am. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/1488/O – Mr P McErlain Deferred for one month.

H/2003/1491/O – E Regan Approval.

H/2003/1492/O – Mr R J Mawhinney Deferred. Site meeting to be arranged for Friday, 17 September 2004 at 4.20 pm. Councillor Miss K A Lagan to attend.

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H/2003/1499/O – Mr J Gillen Deferred. Site meeting to be arranged for Friday, 17 September 2004 at 9.00 am. Councillor J A McBride to attend.

H/2003/1504/F – F P McCann Dev Ltd Deferred. Site meeting to be arranged for Thursday, 16 September 2004 at 12.10 pm. Councillor J A McBride to attend.

H/2003/1505/O – M Convery Deferred. Site meeting to be arranged for Friday, 17 September 2004 at 4.10 pm. Councillors J A McBride and J J McPeake.

H/2003/1508/O – Mr S McAtamney Deferred. Site meeting to be arranged for Friday, 17 September 2004 at 2.10 pm. Councillor J J McPeake to attend.

H/2003/1515/O – Mr W Mulholland Approval.

H/2003/1516/O – Mr W Mulholland Deferred. Site meeting to be arranged for Friday, 17 September 2004 at 3.50 pm. Councillors Rev Dr R T Wm McCrea and P H McErlean to attend.

H/2003/1518/O – Mr S Arbuthnot Deferred. Site meeting to be arranged for Friday, 17 September 2004 at 11.20 am. Councillors T J Catherwood and Rev Dr R T Wm McCrea to attend.

H/2003/1525/O – G McKenna Deferred. Site meeting to be arranged for Thursday, 16 September 2004 at 2.30 pm. Councillor Miss K A Lagan to attend.

H/2003/1526/O – G McKenna Deferred. Site meeting to be arranged for Thursday, 16 September 2004 at 2.45 pm. Councillor Miss K A Lagan to attend.

H/2003/1531/O – Mr L Gribben Deferred. Site meeting to be arranged for Friday, 17 September 2004 at 11.00 am. Councillors J F Kerr and Miss K A Lagan to attend.

H/2003/1532/O – Mr J O’Neill Approval.

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H/2003/1535/O – R Mawhinney Deferred. Site meeting to be arranged for Thurday, 16 September 2004 at 12.30pm. Councillor Rev Dr R T Wm McCrea to attend.

H/2003/1539/O – Mr G Brunton Approval.

H/2004/0001/O – Mr Atkinson Deferred. Site meeting to be arranged for Friday, 17 September 2004 at 2.50 pm. Councillor Rev Dr R T Wm McCrea to attend.

H/2004/0011/F – Mr P Fullerton Approval.

H/2004/0020/O – G & E Chambers Deferred. Site meeting to be arranged for Thursday 16 September 2004 at 11.30 am. Councillors G C Shiels and Rev Dr R T Wm McCrea to attend.

H/2004/0030/O – Mr F Campbell Approval.

H/2004/0039/F – St Brigid’s Primary School Approval.

H/2004/0068/O – Mr J Bolton Approval.

H/2004/0069/F – Mr S Cousley Deferred. Site meeting to be arranged for Thursday, 16 September 2004 at 11.00 am. Councillors J A McBride and Rev Dr R T Wm McCrea to attend.

H/2004/0073/O – Mr J Bolton Deferred. Site meeting to be arranged for Friday, 17 September 2004 at 3.10 pm. Councillors J Junkin and Rev Dr R T Wm McCrea to attend.

H/2004/0136/F – Germark Developments Ltd Deferred for one month.

H/2004/0139/F – Mr S Murray Approval.

H/2004/0149/O – Ulster Bank Ltd Deferred for one month.

H/2004/0154/F – Mr P Kelly Approval. 19

H/2004/0163/F – J Mellon Approval.

H/2004/0164/F – J Mellon Approval.

H/2004/0171/O – Mr C McWilliams Approval.

H/2004/0186/O – Mr B Bradley Approval.

H/2004/0192/F – Condor Entertainment Ltd Councillor O T Hughes said that he was now happy to support the Planning Opinion to approve. He had met with some of the people who used the premises and they were mainly elderly pensioners. The business was professionally run, and because the business was not open during the day-time it restricted these people from going to play Bingo. Accordingly, it was

PROPOSED by Councillor O T Hughes Seconded by Councillor J J McPeake

That the Council support the recommendation made by the Planning Service to approve.

Councillor G C Shiels pointed out that this application had been discussed by the Council at its meeting in March 2004. The Council agreed not to approve the extension of the opening hours from 6 pm - 11 pm to 12 noon - 11 pm. He said that this application was an amendment to Planning condition No.2 which restricted the opening hours to 6 pm – 11 pm. Councillor Shiels said that the applicant was seeking to ignore the Council’s concerns by applying for an extension of the opening hours.

Councillor J A McBride said that he supported this application. He said that the circumstances were somewhat different in that the objection to the extension of the opening hours came from the Council and not the local community. This would be the only establishment of its kind in the North of Ireland or UK which was not permitted to open at 12 mid-day and he was opposed to this.

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Councillor J F Kerr said that all the members of his party grouping supported the application. He also had spoken to the applicant. He said that bingo was a popular pastime particularly for the elderly and provided a lot of entertainment for regular players. He felt that it should not be restricted to night-time only. People should be given the opportunity to play during the day if they wished. He said that it would be remiss if the Council did not support this application.

Councillor Rev Dr R T Wm McCrea said that the Council had written to the Planning Service requesting an answer to the reason they had taken the opinion to approve this application when the Planning Appeals Commission had made such a stipulation on the hours of opening. He commented that it was amazing that so many Councillors had changed their stance on this application, without receiving a response from the Planning Service. He warned that the Council ought to be careful as it was “treading on dangerous territory”. The Council could be accused of maladministration if it treated this application any different from others under Section 75. He added that the Council was not the only objection to this application. He stated that the application should be deferred until a response was received from the Planning Service.

Councillor Shiels that all the various Church bodies were against the extension of the opening hours and in particular Union Road Presbyterian Church. In fact at the March meeting of the Council a letter had been tabled from the Minister and letters had been written to him and the Planning Service from the Council objecting to this application. It was now hypocrisy for a number of Councillors un bloc to change their stance on this application.

Councillor Hughes said that he was against deferrals and there was no need for one in this case.

Councillors Rev McCrea and R A Montgomery reminded the Members that the Council had been deferring every application with the opinion to approve if there was an objection. This application, if allowed to proceed, would be treated differently.

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Councillor Miss Lagan commented that as a result of no Planning Officers coming to the meeting they could not know what the objections were. She said that from memory Councillor McBride had supported the application and no one in the debate at the March meeting opposed the decision.

Councillor McBride felt that the Council could take the planning application forward as it was somewhat different in that the objection had not come from outside but the Council itself.

Councillor Rev McCrea drew attention to another application where the opinion had been approved had been changed two days later because the builders had made a mistake, therefore the opinion could be changed from one month to the next.

Councillor Miss Lagan then asked, when the opinion to approve came from the Planners how could the Council end up in Court.

Councillor Rev McCrea explained that there could be a case of maladministration because one application had been treated differently from the others.

Councillors Shiels said it seemed to him that the Council only deferred applications they did not like.

Councillor Miss Lagan proposed that the Council defer the application for one month.

Councillor Hughes refused to withdraw his motion and said that the Council should go ahead with the opinion to approve.

Councillor Rev McCrea objected and asked that the Council defer the application for one month in order to receive a reply to the Council’s letter to the Planning Service and to remain consistent with the Council’s policy to defer applications with opinions to approve for one month when there was an objection.

Councillor Hughes than enquired if there was agreement, the application then did not have to come before Council again.

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Councillor Rev McCrea said that the Council had objected and therefore the application should be deferred for one month.

Councillor J J McPeake then asked if after one month the Council would make a determination.

Councillor Rev McCrea said that it depended on the response from the Planning Service.

Councillor R A Montgomery agreed that a determination should be made after one month.

It was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor Rev Dr R T Wm McCrea, and

RESOLVED: that the application made by Condor Entertainment Ltd be deferred for one month.

H/2004/0205/F – M McMullan Approval.

H/2004/0219/O – Mr T McKenna Approval.

H/2004/0256/F – Road Safety Contracts Ltd Deferred. Site meeting to be arranged for Thursday, 16 September 2004 at 3.30 pm. Councillors Miss K A Lagan and J F Kerr to attend.

H/2004/0338/F – Sherbourne Developments Approval.

H/2004/0445/R – Mr F Donnelly Approval.

H/2004/0502/F – Mr Brown Deferred. Site meeting to be arranged for Thursday, 16 September 2004 at 10.40 am. Councillor Rev Dr R T Wm McCrea to attend.

H/2004/0530/R – Mr F McNally Approval.

H/2004/0532/R – Mr Wheelan Approval.

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H/2004/0533/R – Ms R McCurley Approval.

H/2004/0562/F – J C Stewart Ltd Approval.

H/2004/0697/F – Mr P Dunne Deferred. Site meeting to be arranged for Thursday, 16 September 2004 at 10.20 am. Councillor J A McBride to attend.

H/2004/0758/O – Mr Henry Approval.

H/2004/0882/F – Integrated Utility Services Approval.

H/2004/0967/F – S Convery Approval.

H/20004/0969/F – Mr & Mrs D Kielt Aproval.

14.3 Applications Deferred from Previous Meeting:

H/2001/0015/F – Magherafelt District Council Councillor Rev McCrea said that this application should be deferred until the “hardy annual” of the entrance to the facility had been resolved. He spoke of the situation regarding the parking of cars at Greenvale and Queen’s Avenue and the involvement of the community in lodging 49 objections and 5 petitions of objection to the application for a new sports hall, changing accommodation and a new car-park.

Accordingly it was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor P McLean, and

That this application be deferred until the Council had entered into discussions with the Department and got the appropriate access to the Greenvale Leisure Centre.

Councillor Rev requested a recorded vote.

Councillors T J Catherwood, J Junkin, Rev Dr R T Wm McCrea, P McLean and G C Shiels voted for the motion (5 votes). 24

Councillors O T Hughes, J F Kerr, Miss K A Lagan, J A McBride, P H McErlean, J J McPeake, H E Mullan, S O’Brien and J P O’Neill voted against (9 votes).

Councillors P E Groogan and R A Montgomery abstained.

The Chairman declared the motion lost.

Councillor Rev McCrea said that the local community would be interested to note the Council’s decision.

H/2001/0977/O – Marald Developments Approval.

H/2002/0905/F – F P McCann (Developments) Deferred. Site meeting to be arranged. Councillor J A McBride to attend.

H/2002/0977/O – Mr L Lagan Deferred. Councillor Miss K A Lagan requested an office meeting.

H/2002/1085/O – Mr S O Loughlin Approval.

H/2003/0158/O – Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/0265/O – Mr T Rainey Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/0477/O – Mr J Mawhinney Deferred. Councillor Miss K A Lagan requested an office meeting.

H/2003/0524/O – Mr J Kelso Deferred for one month on the request of Councillor T J Catherwood.

H/2003/0588/O – Mrs M Higgins Deferred for one month.

H/2003/0657/O – P Duggan Deferred. Councillor Rev Dr R T Wm McCrea requested an office meeting.

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H/2003/0702/O – Mrs A Dempsey Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/0760/O – Mr H Leacock Deferred for one month on the request of Councillor G C Shiels.

H/2003/0765/O – Mr G Gordon Deferred for one month on the request of Councillor J Junkin.

H/2003/0797/F – Northern Ireland Electricity Deferred for one month on the request of Councillors O T Hughes and Rev Dr R T Wm McCrea.

H/2003/0809/O – Mr O Young Deferred for one month on the request of Councillor O T Hughes.

H/2003/0815/O – Mr L Lagan Deferred for an office meeting on the request of Councillor Miss K A Lagan.

H/2003/0836/O – L Cann Deferred for one month.

H/2003/0867/F – Mr Stewart Approval.

H/2003/0929/O – Mrs J Mullan Deferred for one month.

H/2003/0971/O – Mr E McGuigan Refusal.

H/2003/0993/F – Mr J Connolly Approval.

H/2003/1069/O – P McGuigan Deferred. Councillor Miss K A Lagan requested an office meeting.

H/2003/1073/O – Mr E Higgins Deferred on the request of Councillor P H McErlean.

H/2003/1109/O – Miss J Smyth Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea.

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H/2003/1110/O – Mr S Smyth Deferred for one month on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/1113/O – A Getty Deferred. Councillors R A Montgomery and G C Shiels requested an office meeting.

H/2003/1116/O – Mr G Bolton Deferred on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/1159/O – J Johnston Approval.

H/2003/1166/F – Hillcrest Homes Deferred for one month on the request of Councillor O T Hughes.

H/2003/1194/O – Mr S Ward Deferred. Councillor J A McBride requested an office meeting.

H/2003/1226/O – Mr K Bodkin Approval.

H/2003/1228/O – Mr D Mawhinney Approval.

H/2003/1229/F – M Clarke Deferred for one month for further information on the request of Councillor J J McPeake.

H/2003/1245/O – Mr M & N Downey Deferred for one month on the request of Councillor J J McPeake.

H/2003/1246/O – Mr M & N Downey Deferred for one month on the request of Councillor J J McPeake.

H/2003/1269/O – J Martin Deferred for one month on the request of Councillor J Junkin.

H/2003/1270/F – Mr N McCann Deferred. Office meeting requested by Councillor J A McBride.

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H/2003/1294/O – Mr & Mrs Tohill Approval.

H/2003/1317/O – Mr J Barclay Deferred on the request of Councillor Rev Dr R T Wm McCrea.

H/2003/1320/O – M Scullion Approval.

Members were advised that an e-mail had been received from the Planning Service advising that the objection shown on this application be removed.

H/2003/1335/O – PRH Construction Approval.

H/2003/1336/O – PRH Construction Deferred. Councillor P H McErlean requested an office meeting.

H/2003/1343/O – Mr M McKenna Deferred for one month on the request of Councillor Miss K A Lagan.

H/2003/1348/F – Alliance & Leicester Plc Deferred. Site meeting requested by Councillor Miss K A Lagan.

H/2003/1357/O – R Leslie Deferred. Councillor Rev Dr R T Wm McCrea requested an office meeting.

H/2003/1358/O – R Leslie Deferred. Councillor Rev Dr R T Wm McCrea requested an office meeting.

H/2003/1445/O – Mr F Porter Deferred. Site meeting requested by Councillor R A Montgomery.

14.4 Applications Deferred from Previous Meeting and Still Under Consideration:

All 184 applications were noted.

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14.5 It was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor R A Montgomery, and

RESOLVED: that the Council concur in the opinions expressed in the Planning Manager’s report dated 10 August 2004, subject to the above conditions and amendments.

14.6 Submitted a letter from the Divisional Planning Manager advising that the following planning applications had been lodged with the Planning Appeals Commission by the applicants under Article 33 of the Planning (Northern Ireland) Order (copies circulated to each Member).

14.6.1 The applications were as follows:

Applicant: Mr W Barfoot Location: 250 metres North of 24 Quilly Road, Moneymore Proposal: Dwelling

Applicant: Dominic & Imelda McMullan Location: Adjacent to 63 Ranaghan Road, Maghera Proposal: Dwelling and garage

Applicant: Marald Prime Developments Location: Lands between 3 and 17 Ballynease Road, Bellaghy Proposal: Housing Development

Applicant: Younger Homes Ltd Location: 39 Mayogall Road, Gulladuff Proposal: Housing Development

Applicant: Younger Homes Ltd Location: 300m North West of 86 Coleraine Road, Maghera Proposal: Housing development of detached, semi-detached and townhouses

Applicant: O’Kane & Devine Location: Lands adjacent to 15-17 Annaghmore Road, Castledawson Proposal: Erection of 28 detached dwellings and 10 semi-detached dwellings with detached garages and associated road works

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Applicant: Thompson Developments Location: Adjacent to junction of Main Street and Roshure Road, Desertmartin Proposal: Residential development of 3 detached, 12 semi-detached and 8 terraced dwellings

14.6.2 Submitted further letters from the Divisional Planning Manager advising that the Department’s view was to refuse planning permission in connection with applications made by:

1. Younger Homes to develop lands at 86 Coleraine Road, Maghera and at 39 Mayogall Road, Gulladuff (copies circulated to each Member). 2. O’Kane & Devine to develop lands at 15-17 Annaghmore Road, Castledawson (copy circulated to each Member) 3. Thompson Developments to develop lands adjacent to the junction of Main Street and Roshure Road, Desertmartin (copy circulated to each Member).

Noted.

14.7 Submitted letter from the Planning Service and copy of the Statutory Rule in connection with the Department’s Regulations entitled the Environmental Assessment of Plans and Programs Regulations (Northern Ireland) 2004 which came into operation on 22 July 2004 (copies circulated to each Member).

Noted.

15. ENVIRONMENTAL Mr Burrows submitted the report for June HEALTH DEPARTMENT and July 2004 (copy circulated to each Member). The following matters were taken into 196/8/2004 consideration:-

15.1 The Pollution Control and Local Government (NI) Order 1978 Mr Burrows stated that a report had been submitted to the February 2004 meeting of the Council concerning alleged noise disturbance to residents of domestic properties at 8 and 9 Fair Hill Park, Maghera. The alleged nuisance was being caused by the crowing of roosters in the rear garden of 19 Fair Hill, Maghera.

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Mr Burrows stated that the Council resolved that a notice should be served on the owner of the roosters requiring him to abate the nuisance within 90 days. The notice was served on 11 February 2004.

15.1.1 Mr Burrows further advised that a Notice of Appeal was made to the Magistrates Court dated 27 February 2004 against the decision of the Council to issue the Abatement Notice. After several adjournments, the case was due to be heard on 7 June 2004. In Court that day, the rooster owner withdrew his appeal against the notice, and his solicitor read to the Magistrate a letter agreed with the Council’s solicitor which confirmed his clients undertaking to remove the roosters immediately and thereafter not to bring them back, and the Council’s solicitors agreed under these circumstances to pay its own costs.

15.1.2 Mr Burrows said that the roosters had not been removed to date. The abatement notice remained valid but the 90 days period had to be extended to allow for the period of time in which the notice was under appeal. Taking this appeal period into account, the 90 days period expired on 21 August 2004.

15.1.3 Mr Burrows requested that the Council considered the instigation of proceedings in the event of the abatement notice not being complied with by that date.

15.1.4 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor Miss K A Lagan, and

RESOLVED: to instigate legal proceedings in the event of the abatement notice not being complied with by 21 August 2004.

15.2 Appointment of Public Analysts Mr Burrows reported that in June 1989 the Council resolved that Mr M J Walker, Mr G F Hooke and Mr E C Conchie of Ruddock & Sherratt, 16 Donegall Square South, Belfast be appointed as public analysts to the Council.

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The Food Safety (NI) Order 1991 restated the requirement of previous legislation that District Councils should appoint one or more Public Analysts to act on their behalf within the district. The earlier appointments were considered to satisfy that requirement.

15.2.1 Mr Burrows advised that Mr Hooke and Mr Walker had both left the firm of Ruddock & Sherratt and Mr Conchie had intimated that he also wished to retire as a public analyst. He said that a company called Eurofins Scientific Ltd that had previously taken over Ruddock & Sherratt’s laboratory in Chester had agreed to carry on the laboratory in Belfast. This company was a leading provider of public analytical services in the UK and also had laboratories in Europe and the USA. The company assumed the role of Public Analysts in Belfast as of Monday, 2 August 2004. However, due to the costs incurred by District Councils for the analyses of food samples and before entering into any contract with a new company, a tendering process would have to be undertaken. To avoid duplication, a tender document was being prepared on behalf of all the District Councils in Northern Ireland by the NI Food Liaison Group and this process would take some time to complete.

15.2.2 In the interim, Mr Burrows said that the Council needed to comply with the Food Safety (NI) Order 1991 and appoint one or more persons as Public Analysts. He recommended that the Council consider appointing the following persons who were employed by Eurofins to act as Public Analysts until the tendering process had been completed:

1 Mr Ron Ennion (MCHEMA) 2 Mr Gary Burton (MCHEMA) 3 Mr Jeremy Wootten (MCHEMA) 4 Mr Duncan Arthur (MCHEMA)

Mr Burrows stated that the analysts so appointed were qualified in accordance with the Food Safety (Sampling and Qualifications) Regulations (NI) 1991 as amended.

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15.2.3 On consideration it was

PROPOSED by Councillor J F Kerr, Seconded by Councillor P McLean, and

RESOLVED: that the Council adopt the advice and recommendation of the Director of Environmental Health and appoint Mr Ron Ennion (MCHEMA), Mr Gary Burton (MCHEMA), Mr Jeremy Wootten (MCHEMA) and Mr Duncan Arthur (MCHEMA) of Eurofins Scientific Ltd to act as Public Analysts qualified in accordance with the Food Safety (Sampling and Qualifications) Regulations (NI) 1991 as amended, until the tendering process had been completed.

15.3 The Food Safety (NI) Order 1991 Mr Burrows reported that the Public Health Laboratory on 4 June 2004 that food samples procured from a catering establishment within the Council area had the presence of E.coli in high levels. Officers from the department undertook an inspection of the premises on 4 June and discussions with management raised areas of concern in particular handling techniques. Four samples of food were collected for examination and submitted to the Public Health Laboratory on 7 June.

15.3.1 Detailed discussions with management and various samples including swabs of surfaces were collected for further examination.

15.3.2 Consideration of the results obtained indicated a number of potential sources of contamination. A practical handwashing demonstration was given to all food handlers using a UV cabinet and disclosing cream. The method of food preparation was closely examined and corrective action taken as necessary. As a consequence, the premises were found to comply with food safety legislation and satisfactory results have since been received from the Public Health Laboratory.

15.3.3 On consideration of the results of the investigation, the response and full co-operation from management during the investigation, and the past history of the premises, it was recommended that the Council issue a warning letter to the proprietor

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15.3.4 It was

PROPOSED by Councillor J Junkin Seconded by Councillor J F Kerr, and

RESOLVED: that the Council issue a warning letter to the proprietor of the catering establishment.

15.4 Industrial Pollution Control (NI) 1997 Creagh Concrete Products, Blackpark Road Toomebridge

Councillor Miss K A Lagan enquired if they were any further developments on the dust problem at Creagh.

15.4.1 Mr Burrows reported that the officers had met with Dr Patrick to discuss his proposed investigation with regard to the level of dust emissions form the concrete works. He explained the methodology to be used over a twelve months period, which would be necessary due to seasonal and weather variations. Dr Patrick confirmed the necessity to engage a Toxicologist to assess the possible heather hazards of the dust emissions as this was of primary concern to both the residents and the Council.

15.4.2 Following this meeting Dr Patrick had informed the Council by letter that Mr Michael Burke, Consultant Toxicologist, whom he wished to assist in this investigation, had already been consulted by one of the complainants. However, with the complainant’s approval, Mr Burke would be prepared to assist the investigation. Dr Patrick had then contacted the complainant who indicated broad approval for the investigation. He had further intimated that the figure of £5,000 should cover the survey to be carried out by his department and that the Council should budget for a similar sum in relation to Mr Burke’s involvement.

15.4.3 Councillor Miss Lagan said that she still found it rather strange that no research had been carried out on fugitive cement dust. In fact it was remarkable. She said that the cost was very expensive. Councillor Miss Lagan asked if Dr Burke did not know of other studies carried out.

15.4.4 Mr Burrows replied that he had not spoken to Dr Burke. 34

15.4.5 Councillor Rev Dr R T Wm McCrea pointed out that the matter had to be dealt with immediately and it had to be finally researched. The problem had caused officers considerable time and pain for the residents of the local community. He said that the costs involved were high but the problem had to be investigated.

15.4.6 Councillor Miss Lagan referred to a possible environmental study carried out on buildings to a cement works on the Lisnamuck Road, Maghera.

15.4.7 It was

PROPOSED by Councillor Miss K A Lagan, Seconded by Councillor Rev Dr R T Wm McCrea, and

That the Council go ahead and employ Dr Burke to carry out investigations into the possibility of any health hazard arising from fugitive cement dust.

15.4.8 Councillor J F Kerr enquired if the results of the study, if it went ahead, would have any legal standing as to whether the dust was injurious to health or not.

15.4.9 In reply, Mr Burrows stated that if the fugitive dust was found not to be injurious to health this would allay the fears of the complainants, but if the investigation concluded that the emissions were injurious to health then action may be taken by the Council under Public Health legislation.

15.4.10 Councillor J Junkin enquired how the system worked, was it based on one sample and what if the amount of dust was consistent with normal cement dust.

15.4.11 Mr Burrows replied that the investigation would consist of several sampling points with samples being delivered to Dr Patrick at monthly intervals over the twelve months period. In addition air borne grab sampling would be employed and this would necessitate the use of pumps to collect air samples directly associated with fugitive releases from the works. This would require the co-operation of the complainants, as it was not practicable for Council officials or his laboratory staff to get to the site in time to use the pumps. 35

15.4.12 Councillor J A McBride said that there had to be some way of bringing closure to the situation. He hoped for a finding that would solve the situation one way or the other, but there was no other way forward.

15.4.13 It was agreed that the Council go ahead and employ Dr Burke to carry out investigations into the possibility of any health hazard arising from fugitive cement dust.

15.4.14 Councillor Miss Lagan requested an update on noise at Creagh. She understood that the noise had been bad during the summer.

15.4.15 Mr Burrows said that he had written to the Council’s Solicitor regarding the noise nuisance. The letter had been forwarded to a barrister engaged with environmental issues. Another set of noise levels had been taken the previous Tuesday and the results had not changed. He said that a Notice would be served in the near future. Mr Burrows further reported that Mr Beattie, Senior Environmental Health Officer, had started investigation under Noise 2 at night and whilst the Mulholland’s had not facilitated him others were prepared to allow access to bedrooms to allow readings to be taken at night.

Noted.

15.5 Mr Burrows sought permission to raise an additional item and this was agreed to.

15.6 Under Age Drinking – Anti-Social Behaviour Mr Burrows advised that the PSNI had written to the Council seeking its co-operation and partnership in tackling anti-social behaviour. It was known as the 18+ Initiative. The idea was ID should be presented on entry to licensed premises to prove the person was 18 years of age. If some form of ID, for example, a passport, then access would be refused. An application form for ID could be left at the premises.

15.6.1 Mr Burrows said that there was a Roadshow in the area. This was all in an effort to divert children away from alcohol.

15.6.2 The PSNI had an initiative operating in the Coleraine area which involved the Police and representatives of the licensed trade. 36

The second scheme was planned for the Magherafelt area. This was the PSNI’s second scheme and they were planning to set up a small working committee involving the Police, representatives of the licensed trade and 2-3 Members of the Council.

15.6.3 Councillor Miss K A Lagan felt that this was a good idea, it was one way of highlighting the problem of under age drinking and was a means of making a way into the problem, but felt that the presentation of ID would very much depend on who was on duty.

15.6.4 Councillor Rev Dr R T Wm McCrea said that no one could deny the seriousness of the problem of under age drinking. The Council should endeavour to support the scheme but they needed that help of the licensed trade. He trusted that those who were involved in underage drinking would be helped in some way to see that they were destroying their lives.

15.6.5 Councillor R A Montgomery hoped that every licensee in the Council’s are would help to band under age drinking in the Council’s area. He said that this scheme deserved the full support of the Council.

15.6.6 Councillor J Junkin enquired about proper ID.

15.6.7 Mr Burrows said that they could only do their best with the technology they had at present. However eye scan and finger printing could also become available.

15.6.8 Councillor J F Kerr spoke of the damage done to society in general by under age drinking an associated anti-social behaviour. He said that young people were particularly resourceful and he had been astounded how young people operated in wider society. This was a problem involving society. However, he was wary of the PSNI being involved in any such scheme. They were not welcomed as a policing service and as such raised concerns about the scheme. Councillor Kerr said that the PSNI being involved made the problem more difficult.

15.6.9 Councillor Rev McCrea said that the PSNI were involved and wanted to know who was fooling whom? 37

15.6.10 Mr Burrows said that the PSNI were seeking the Council’s support for this scheme.

15.6.11 Councillor J A McBride said that the proposal was a good one and agreed with what Councillors had already said about the effects of underage drinking, and drugs on teenagers.

15.6.12 It was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor TJ Catherwood

That Councillor P McLean be nominated to serve on this committee for underage drinking.

15.6.13 It was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J A McBride

That Councillor Miss K A Lagan be nominated to serve on this committee for underage drinking.

15.6.14 It was

PROPOSED by Councillor Rev Dr R T Mc McCrea,

Seconded by Councillor T J Catherwood

That Councillor R A Montgomery be nominated to serve on the committee for underage drinking.

15.6.15 On a vote being taken 9 Members voted for the nominations made, 2 Members voted against, voting being by show of hand. The Chairman declared that Councillors P McLean, Miss K A Lagan and Councillor R A Montgomery serve on the PSNI’s 18+ Initiative Committee.

15.6.16 It was

PROPOSED by Councillor R A Montgomery, Seconded by Councillor J Junkin, and

RESOLVED: to adopt the remainder of the report which was for the information of Members.

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15.6.17 Councillor G C Shiels referred to the number of telephone calls made to homes and in particular the elderly, offering cheap telephone call services. The person is asked for their Bank Account Number and the charge is deducted from their account. He enquired if there was any way by which the elderly could be made aware that they should never quote their Bank Account Number.

15.6.18 Mr Burrows suggested that contact be made with the Trading Standards Agency.

15.6.19 Councillor R A Montgomery suggested that this was an issue that could be taken up with Community Safety.

15.6.20 Mr Burrows said that he would take the matter up with Madeline McCrory of the Trading Standards Agency.

15.6.21 The Chairman proposed that the Council take a five minutes break at 9.15 pm.

15.6.22 The meeting reconvened at 9.20 pm.

16. OPERATIONAL Submitted report by the Director of Operations for SERVICES the months of June and July 2004 (copy DEPARTMENT circulated to each Member).

322/8/2004 Development Services:

16.1 Upgrading of Picnic Sites Mr Johnston advised that the officers had applied to Sperrin Tourism Limited under the NRRTI programme for funding to upgrade two of the Council’s existing picnic sites. The sites selected were Tirgan and Ruben’s Glen. Mr Johnston confirmed that they had been successful in their application and had been awarded £10,000 per site, and no matching funding was required from the Council.

16.1.1 Mr Johnston referred to the proposal submitted in his report and stated that in their opinion these proposals would greatly enhance both these picnic sites and therefore he was recommending that the Council authorise the officers to proceed with the development of Ruben’s Glen and Tirgan picnic sites on the basis of this report.

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16.1.2 On consideration it was

PROPOSED by Councillor R A Montgomery, Seconded by Councillor Rev Dr R T Wm McCrea, and

RESOLVED: that the Council authorised the officers to proceed with the development of Tirgan and Ruben’s Glen picnic sites on the basis of the Director of Operational Services report.

16.2 Lower Bann Partnership Mr Johnston confirmed that the Lower Bann Partnership had received a letter of rejection from DARD dated 14 July 2004 in reference to their application for Northern Ireland Programme of Building Sustainable Prosperity funding. He stated that the reasons for this rejection had been included in his report.

The Lower Bann Partnership had been given 14 days to make written representation to the Assessment Panel on its proposed decision. Mr Johnston confirmed that a meeting of the Board Members had been held on Tuesday, 27 July 2004 to prepare a response and a copy of the letter of response was attached to his report (Appendix 3).

Noted.

16.3 Refurbishment of Play Areas Mr Johnston stated that the Members would be aware that it was agreed that play areas would be refurbished on a rotating District Electoral Area (DEA) basis, that is, Moyola, Sperrin and Magherafelt Town, until a programme of play area refurbishment was completed. He pointed out that in his report he had listed the play areas refurbished to date. In normal circumstances play areas in the Sperrin District Electoral Area would be due for refurbishment during the financial year 2004/2005. Mr Johnston reminded the Members that in order to have a play facility installed at Maghera Leisure Centre to coincide with the official opening of the facility, the Council at its meeting of Tuesday, 13 August 2002 agreed to install a new play area on this site for November 2002. It was explained to this meeting that if this happened Sperrin DEA would have to miss out a turn on play area refurbishment, probably for two years as they would be ahead of schedule.

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Mr Johnston stated that in view of this development he was asking the Council’s opinion on how this matter should be progressed. To assist the Council he had listed the play areas that had yet to be considered for refurbishment. He suggested that before deciding on which play areas should be refurbished in 2004/2005 to allow for future planning budgets, tendering procedures, etc. He felt it would be appropriate for the Council to agree on which of the remaining play areas should in fact be refurbished or if any could be returned to a green field site.

16.3.1 Mr Johnston spoke of the success of the major play facility at Meadowbank, Magherafelt and asked if the budget (£100,000) was spent on the provision of a major play area at possibly Glenburn Park, the opposite side of town to Meadowbank, was there need for a minor play area in Sperrin Drive or Beechland. He enquired if a similar play area was provided at Moykeeran, Draperstown was there need for a minor play area at Glenelly Villas? Mr Johnston stated that in his opinion major play areas had a greater variety of equipment and therefore not only offered much better play value for children, but better value for money for the Council. He went on to suggest that in his opinion there was no need for any refurbishment of the play area at Carn View, Swatragh or Kilross, Tobermore. Mr Johnston suggested that the village of Swatragh was well served by its excellent mini-park and as far as he was aware there was little or no children living in Kilross.

16.3.2 Councillor R A Montgomery pointed out that of the play areas listed that had been refurbished; Desertmartin and Knockloughrim were not in the Sperrin District Electoral Area but in Magherafelt Town District Electoral Area.

16.3.3 Councillor Rev Dr R T Wm McCrea suggested that the officers should carry out a full survey of play areas to establish a case of need before the Council decided on which play areas should be refurbished.

16.3.4 There followed an extensive discussion between the Members on which play areas should be refurbished in the financial year 2004/05 and how the issue of further play area refurbishment should be addressed.

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16.3.5 The Chief Executive reminded Members that it was necessary for someone in the community to look after these play area sites.

16.3.6 It was

PROPOSED by Councillor R A Montgomery, Seconded by the Chairman, Councillor P E Groogan, and

RESOLVED: that the budget for the financial year 2004/2005 would be spent on the refurbishment of the play area at Moykeeran, Draperstown and that the officers would carry out a full survey of the remaining play areas to establish a case of need before those play areas would be refurbished.

Community Relations:

16.4 Mr Johnston stated that in his report he had updated the Members on developments regarding the Oakleaf Rural Community Network and the Rural Housing Estates Project.

16.5 CCTV Progress Report Mr Johnston advised the Council that the four town centre CCTV cameras in Magherafelt were now operational and being monitored by a civilian in town centre premises.

16.5.1 The five CCTV cameras for Maghera were being installed and should be operational by mid- September 2004.

16.5.2 Mr Johnston stated that the Community Safety Unit in Belfast had announced an additional £2 million funding for the installation of town centre CCTV cameras in Northern Ireland and that expression of interests forms from CCTV Partnerships had to be submitted to the Community Safety Unit by 24 September 2004. Mr Johnston stated that the Magherafelt and Maghera CCTV Partnerships had submitted an expression of interest and had identified the need for cameras at the following locations:

- 1 camera in front of Spar shop, opposite the Rainey School, Magherafelt - King Street, Magherafelt - 2 cameras in Union Road car-park, Magherafelt - 1 camera in car-park at back of Dorman’s, Magherafelt 42

- a second camera in Queen Street, Magherafelt - 1 camera on Glen Road, Maghera - 1 camera on Coleraine Road, Maghera

16.5.3 Mr Johnston stated that if any Member would wish any other sites to be considered, they should contact the Council’s officers.

Noted.

16.6 Proposed Extension to the Fishing Points on the Lower Bann River Mr Johnston stated that Members were aware that negotiations had been taking place with the farmers along the Lower Bann River for a number of years in an effort to extend the number of fishing points. These negotiations had however been dogged with setbacks, principally because one of the sixteen farmers involved wanted the Council to buy his land at an exorbitant price rather than lease it.

This was stalling the entire project as the willing farmers did not want the project to start unless all farmers were in agreement.

16.6.1 Councillor J Junkin said that he had been in favour of the extension of the fishing points for some time and commended the work of the staff and Councillor McErlean on their efforts.

16.6.2 Discussion took place on how this matter should be addressed.

16.6.3 It was

PROPOSED by Councillor P H McErlean, Seconded by Councillor J Junkin, and

RESOLVED: that the officers would invite all the landowners to a meeting to be held in Bellaghy Bawn or a suitable location in the Bellaghy area.

16.6.4 In concluding the Community Relations Section of the report Mr Johnston advised the Council of the sudden death of Mrs McErlean, wife of Mr William John McErlean from Culbane, the landowner from whom the Council leased land for the existing fishing points on the Lower Bann.

16.6.5 Members agreed that a letter of condolence be sent to Mr McErlean sympathising with him on the death of his wife. 43

Leisure Services:

16.7 Mr Johnston reported that the income for Leisure Services during the month of June 2004 showed a decrease of 5% when compared with the corresponding month of 2003. The decrease in the July 2004 income had been 10%. Mr Johnston stated that this was a continuation of the disappointing trend they had experienced in May and June. He stated that there did not seem to be any clear logistical reason for this trend other than the weather had been good during these months.

Noted.

16.8 Mr Johnston stated that the remainder of the Leisure Services report was for the information of Members but he felt that it was appropriate to refer to Paragraph 4 on Page 8 where he had reported that an alleged serious assault at Meadowbank Recreation Centre had taken place on Friday 31 July 2004 and was under Police investigation. He said that the complaint resulted in the Centre being closed until late afternoon on Saturday 31 July 2004. The investigation had now been completed and the officers had been advised that the Police would be taking no further action regarding this matter.

Noted.

Technical Services:

16.9 Vandalism Mr Johnston reported on the list of acts of vandalism and stated that he could comment on all of the issues listed, but he would specifically refer the Members to incidents regarding Maghera toilets. At this facility in one incident a hand-drier in the public toilet block had been destroyed beyond repair, the male toilet walls and doors were covered with graffiti. In another incident bottles were smashed inside the male block, the disabled toilet door was kicked in and damage was caused to two cubical door locks. As this vandalism occurred after 7.00 pm, the officers had decided that the toilet block should revert back to the 7.00 pm closing time.

16.9.1 Mr Johnston also stated that at the request of a local Councillor, Tobermore toilets had also reverted back to 7.00 pm closing.

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16.9.2 Councillor R A Montgomery stated that there had been a significant increase in vandalism since the toilet closing time had been changed to 9.00 pm and recommended a 5.00 pm or 6.00 pm closing time for all toilets.

16.9.3 Councillor P McLean pointed out that unfortunately the Council had no alternative but the general public was being penalised of a useful facility. He said that he had received complaints about the toilets in Magherafelt and suggested that the Council should have a refurbishment programme. He said that the way forward for the Council was to install vandal-proof toilets and charge for their use 20p or 30p each time. He referred to similar facilities used in Portadown.

16.9.4 Councillor Rev Dr R T Wm McCrea stated that 5.00 pm or 6 pm closing this would inconvenience a number of people travelling through the District such as Portrush and only toilets where there was a significant increase in vandalism should revert back to the 7.00 pm closing time.

16.9.5 It was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor Miss K A Lagan, and

RESOLVED: that owing to vandalism the closing time for the toilets at Tobermore and Maghera would revert back to 7.00 pm each evening. It was further resolved that the officers would investigate the cost and options for a programme of refurbishment of toilets and bring a further report back to Council.

16.10 Mr Johnston stated that his reports on bus shelters, illegal dumping, bonfires and bulky household collections were for the information of Members.

16.11 Objective and Scope for a Northern Ireland-wide BPEO Process (Waste Management Facilities for Northern Ireland)

Mr Johnston stated that he had enclosed as Appendix 6 to his report a copy of the guidelines issued by ERM who were the consultants for the Environment and Heritage Service) as to how they would conduct this process. 45

Mr Johnston said that this process would hopefully identify the technology that would be allowed for the treatment of waste that could not be recycled and asked the Members to note that it could possibly include incineration.

Noted.

16.12 Alcohol Free Zones Mr Johnston advised the Members that he had enclosed a new booklet of the Council’s Bye-laws prohibiting the consumption of intoxicating liquor in designated places. He asked the Members to note that the Bye-laws now contained all the areas covered by the old Bye-laws and all adopted streets and roads throughout the Magherafelt District Council Area where they fell within the 30 mph. speed limits. Mr Johnston confirmed that appropriate signs had now been ordered and should be erected in the near future. He stated that he had also enclosed for their information a letter (Appendix 7) from the Department of Social Development regarding the outcome of a consultation exercise they carried out as part of their current review of these Bye-laws. Mr Johnston pointed out that in this letter they stated that they would be grateful for any comments by 30 September 2004, however the Council would have a further opportunity to comment on the proposals when draft legislation was published.

Noted.

16.13 North West Region Waste Management Group (NWRWMG) 16.13.1 Agreement – Mr Johnston advised that the Officers’ Group was currently working with Derry City Council’s Solicitors to compile a draft formal agreement which if adopted by the participant Councils, would underpin the role and purpose of the North West Region Waste Management Group and establish the parameters within which the Group would function and operate. He stated that the officers believed that this form of legal agreement was necessary to protect the participant Councils. He confirmed that ARC21 and SWAMP, the other regional partnership, had or were in the process of formalising their partnership, a move that was seen as giving legal standing to the Regional Partnerships.

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Mr Johnston stated that he would advise the Council of further developments as this matter was progressed.

Noted.

16.13.2 Certificate of Competence - Mr Johnston advised that in order to comply with current legislation the Officers’ Group of the North West Region Waste Management Group instructed Kirk McClure Morton (Consultants) to issue a tender for the training and assessment of Council employees resulting in them obtaining a Certificate of Competence for the supervision and management of waste disposal facilities, that is, the Council’s waste disposal and civic amenity sites. Mr Johnston stated that this contract was necessary in order to meet new legislation that required these sites to be supervised and managed by a competent person. The legislation empowered the Department of the Environment to determine whether or not a person was a fit and proper person to hold a waste management licence and clearly prescribes the necessary qualifications and experience a person must achieve to obtain a certificate. Mr Johnston stated that this legislation did however state that a person was competent if he or she held a certificate of competence. He said that he had enclosed for the consideration of the Council a report compiled by Kirk McClure Morton on tenders received (Appendix 8). This report stated that the preferred tenderer was Practical Waste Solutions Ltd of Larne, Co Antrim and he was therefore recommending to Council that the contract be awarded to them. Mr Johnston advised the Members that following the release of Kirk McClure Morton’s tender report, on 4 June 2004; it had then to be approved by the Officers’ groups of the NWRWMG and SWAMP Regional Partnerships. These two groups had come together to issue a joint tender. This procedure was not completed in time to allow the report to be presented to the Council at its June meeting. He said that the matter was urgent as the Department required personnel to be registered with a competent contractor by 28 June 2004 and, therefore in order to comply with this deadline, the officers had taken the liberty of provisionally registering four of Magherafelt District Council’s employees with Practical Waste Solutions.

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Mr Johnston stated that the final issue regarding this matter was, that at least one of the two employees who holds the certificate of competence for the waste disposal site, must be full-time on site, basically the site manager. It would therefore be necessary for the Council, in order to comply with the legislation, to appoint a Waste Disposal Site Manager. Mr Johnston said that he hoped to achieve this objective by an internal trawl without any addition to the present workforce. The salary for this post would have to be determined by the Business Improvement Section of Belfast City Council.

Mr Johnston stated that in summary he was recommending that the Council award the contract to Practical Waste Solutions of Larne on the basis of Kirk McClure Morton’s report and that the Council appoints a Waste Disposal Site Manager in accordance with his report to Council.

It was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J Junkin, and

RESOLVED: that the Council awards the tender for the training and assessment of Council employees resulting in them obtaining a certificate of competence for the supervision and management of waste disposal facilities to Practical Waste Solutions Ltd, Larne in accordance with Kirk McClure Morton’s report and that the Council appoints a Waste Disposal Site Manager in accordance with Mr Johnston’s report to Council.

16.13.3 Recycling of Tyres – Mr Johnston reminded Members that recent legislation had banned the disposal of tyres at landfill sites. There was however, a recognised need for the provision of such a service and therefore to achieve this objective the officers of the North West Waste Management Group had instructed Kirk McClure Morton to seek tenders from competent contractors for the provision of a service for the collection and recycling of tyres. Mr Johnston stated that in his report he had enclosed for the Members’ consideration a report by Kirk McClure Morton on tenders received (Appendix 9).

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The preferred tenderer, based on this report, was R4 of Portadown, Co Armagh and the officers were recommending to Council that the contract be awarded to R4 of Portadown.

Mr Johnston went on to say that in his report he had advised that since January 2004 when tyres were banned from landfill, the Council had been unable to provide this service mainly due to a lack of suitable contractors, the unsuitability usually being cost related. He was now suggesting that with the above service provider in place at a reasonable cost, provided the Council approved the tender report, it would be appropriate for the Council to accept tyres at its waste disposal site and its manned civic community sites. In these circumstances, Mr Johnston believed that they would constitute municipal waste having been “corrected” by the Council and therefore in his opinion would be eligible for inclusion in the Council’s recycling figures. He pointed out that whilst tyres may be municipal waste they were not domestic waste and the Council was obliged to charge for the collection and disposal of any waste, other than domestic waste. In these circumstances he felt that the charge for accepting tyres should reflect the cost of providing the service. In summary Mr Johnston recommended that the Council award the contract for the recycling of tyres to R4 of Portadown on the basis of Kirk McClure Morton’s report and that the Council accept tyres at its waste disposal site and civic amenity sites and charge a rate that reflects a cost of providing the service.

It was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor P McLean, and

RESOLVED: that the contract for the recycling of tyres be awarded to R4, Portadown, Co Armagh on the basis of Kirk McClure Morton’s report and that the Council would now accept tyres at its waste disposal site and civic amenity sites at a charge that reflected the cost of providing the service.

16.13.4 Landfill Sites Selection - Mr Johnston advised that he had enclosed for the consideration of the Council a draft preliminary report regarding the landfill site selection process (Appendix 10). 49

Mr Johnston confirmed that the report would be an item for discussion at the next officers’ meeting of the North West Region Waste Management Group and that he would update the Council following this meeting.

Noted.

16.13.5 Dry Recyclables Contract - Mr Johnston stated that he had enclosed for the consideration of the Council a contract document that, in order to formalise the recent agreement with Glassdon Waste, must be signed by all the participant Councils of the North West Region Waste Management Group (circulated to each Member, under separate cover). He confirmed that the basis of this agreement was statements that were contained in the tender documents and that they had now been formalised into a legal document by Derry City Council’s solicitor. The contract would form a binding contract between Glassdon Waste and the member Councils of the North West Region Waste Management Group.

Mr Johnston recommended that the Council sign this document to form a binding contract between Glassdon Waste and the member Councils of the North West Region Waste Management Group.

It was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J P O’Neill, and

RESOLVED: that the Council would sign the Dry Recyclable Contract to form a binding contract between Glassdon Waste and the member Councils of the North West Region Waste Management Group.

16.14 The Drapers’ Town Partnership Ltd Mr Johnston reminded the Members that the Council had received funds from the Drapers’ Town Partnership organisation towards the refurbishment of the Court House and the erection of the bus shelter in Draperstown. These projects were also part-funded by the Department of Social Development. To recognise their assistance the Department of Social Development had requested the erection of commemorative plaques at the Court House and bus shelter, all costs of which would be met by the Department. 50

Mr Johnston stated that the plaques would be A4/A5 in size and read “Magherafelt District Council is pleased to acknowledge that the development of these buildings has been generously assisted by the European Regional Development Fund and the Department of Social Development” . Mr Johnston recommended that the Council agreed to this request.

16.14.1 On consideration it was

PROPOSED by Councillor R A Montgomery, Seconded by Councillor J P O’Neill, and

RESOLVED: to agree that in order to recognise the assistance given in the development of the Court House and bus shelter in Draperstown the Department of Social Development be allowed to erect commemorative plaques at both these properties in accordance with the size and wording reported by Mr Johnston.

16.15 Townland Names Mr Johnston advised the Council that at a recent meeting it had been agreed that townland names would be included in all new road nameplates erected throughout the District. He stated that a number of Councillors had contacted him to express concern that it could be years before existing road nameplates were replaced and therefore it could be years before townland names would appear on these roads or nameplates. He stated that a number of Councillors had suggested that the way to resolve this matter would be to bolt a small townland nameplate to the bottom left-hand corner of all existing nameplates. Mr Johnston stated that this procedure was not possible as there was not sufficient space on most, if not all, of the Council’s existing nameplates to accommodate this procedure. He suggested that it might be possible to bolt an additional townland nameplate to the frame below the existing road name but this could be unsightly and could as be as expensive as replacing the entire existing road nameplate.

16.15.1 Mr Johnston sought permission to be allowed to look at possibilities of resolving this matter and to find a cost effective way of achieving this objective without having to replace all of the existing road nameplates.

16.15.2 Councillor J F Kerr enquired about the Language Working Group’s report. 51

16.15.3 The Chief Executive advised that the decision of the Council was to seek legal opinion. The report had been submitted to the Council’s solicitor but the services of a barrister was required in order to give an opinion. The Chief Executive explained that presently Courts were not sitting and barristers were on leave. He said that barristers specialised in particular aspects of the law and that this presented problems of finding someone appropriate to take on the particular case. It could be the end of September or October before an opinion would be given.

16.15.4 Councillor Kerr said that aspects of this report particularly bilingual signs needed to be considered again as there was a group of people who wanted the signage changed.

16.15.5 Councillor Rev McCrea suggested that the Council contact its legal advisers about what different signage could be included in road and street nameplates in different parts of the District.

16.15.6 Councillor Kerr suggested that this matter be followed up as quickly as possible.

16.15.7 It was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J F Kerr, and

RESOLVED: that the officers would seek a cost effective way of including townland names on existing road and street nameplates and seek a legal opinion as to where bilingual signs could be erected throughout the District.

16.16 Council Visits to New Depot Mr Johnston reported that to date Ballymoney, Banbridge, Coleraine, Dungannon, Larne and Limavady Councils had all return guided tours of the new recycling facility at Magherafelt and again all had been extremely impressed.

Noted.

16.17 Animal By-Products Regulations and Commercial Refuse Collections Mr Johnston stated that under the Animal By- Products Regulations it was currently illegal to dispose of raw meat, bone and fish to landfill.

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The Council had therefore to consider the disposal of raw meat, bone and fish collected by its commercial wheel bin collection service. He advised that the Department had confirmed in writing that they would “turn a blind eye” to this practice because there was no other reasonable alternative available at present. Mr Johnston said that despite this statement the facts remained that in future raw meat, bone and fish, etc would have to go for treatment to an approved rendering plant incinerator, biogas or appropriate composting plant. He was aware that the Department was currently tendering for the provision of a fallen- stock scheme for farms and that it was hoped that the successful contractor would be able to provide a service for other forms of animal by-products such as boned meat from butchers, etc. Mr Johnston stated that his department would continue to monitor the situation and update the Council on the state of the fallen stock scheme, but he believed that the Council should give advanced warning to all relevant commercial premises that they may be required to make alternative arrangements for the disposal of Animal By-Products sometime in the near future.

16.17.1 On consideration it was

PROPOSED by Councillor R A Montgomery, Seconded by Councillor Rev Dr R T Wm McCrea, and

RESOLVED: that the officers would advise all relevant commercial premises of the Animal By- Products Regulations and how it would affect their future arrangements for the disposal of such waste.

16.18 Mr Johnston stated that Dog Control concluded his report.

16.19 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J Junkin, and

RESOLVED: that the report as submitted be adopted.

16.20 Mr Johnston said that due to the fact that there was no meeting in July he sought permission to raise some additional items. The Chairman agreed. 53

16.21 Request for erection of a bus shelter at Beechland Park, Clady Mr Johnston stated that he had received a request for a bus shelter at Beechland Park, Clady. He stated that the bus shelter would be used by 7-8 children attending schools in Magherafelt and in particular by a number of elderly people. He recommended that subject to approval from the landowner, Ulsterbus and the Department of Rural Development, the Council should erect a bus shelter at this site.

16.21.1 It was

PROPOSED by Councillor J P O’Neill, Seconded by Councillor P H McErlean, and

RESOLVED: that subject to approval from the landowner, Ulsterbus and the Department of Rural Development, the Council would erect a bus shelter at Beechland Park, Clady.

16.22 Public Holiday Working Mr Johnston stated that he felt that it was appropriate to commend the staff that had provided an excellent street cleansing and refuse collection service over both the July public holidays held in July. As far as he was aware no other Council’s employees had provided a refuse collection service on these days. He advised the Members that one refuse collection vehicle was in fact a loader short of a full squad and that crew had agreed to operate with just one loader.

16.22.1 It was unanimously resolved that the Officers would pass on the Councils thanks and appreciation to all the employees who had provided an excellent service to the public over the July holidays.

16.23 World Heart Day Mr Johnston advised that the Chest, Heart & Stroke Organisation had written asking for the Council’s help in an initiative aimed at helping families remember their loved ones, while at the same time protecting future generations from the curse of heart disease. The letter stated that the organisation had managed to have a new variety of rose named in honour of the campaign, a rose that families could plant in memory of those who had fallen victim of heart disease.

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All the monies raised would be channelled directly to the Women’s Heart Campaign to hopefully save lives through education and research. To publicise this fact the organisation was seeking permission to plant a rose and place beside it a small commemorative plaque on Council property in each Council area. They hoped to carry this out during the week beginning 27 September, as World Heart Day was on Sunday, 26 September. Mr Johnston stated that in order to do this the Heart, Chest and Stroke Association was seeking the Council’s permission to plant a rose at a site of the Council’s choosing and for the Chairman of the Council to honour them with his presence at this ceremony. He suggested that the small grass circular area beside the Robeing Room at Polepatrick Park Cemetery as a suitable location for this ceremony. This was a quiet area circled by a stone wall and had summer seats where the elderly, in particular, could sit and reflect. He recommended that the Council agreed to this request.

16.23.1 On consideration it was

PROPOSED by Councillor R A Montgomery, Seconded by Councillor J A McBride, and

RESOLVED: that to acknowledge World Heart Day on Sunday, 26 September 2004 the Council would allow the Chest, Heart and Stroke Association to plant a rose and erect a commemorative plaque in the circular area within Polepatrick Park/Cemetery and that the Chairman of the Council would attend this commemoration.

16.24 Sperrin Community Festival Mr Johnston said that a request had been received from the organisers of the Sperrin Community Festival 2004 which would be taking place from 21 to 29 August. He stated that the festival committee wished to use some of the Council’s facilities in relation to this festival:

16.24.1 On Tuesday, 24 August at 7.30 pm it was proposed to use the top pitch at Maghera for an “All Star” Charity Soccer Match featuring TV personalities. Mr Johnston stated that the pitch could be booked for this event.

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16.24.2 On Wednesday, 25 August at 8.00 pm it was proposed to hold a “Trial Star Motorbike Demonstration” in the Leisure Centre Car-park, Maghera. Mr Johnston stated that half of the Leisure Centre car-park could be booked for the trial motorbike demonstration. The other half of the car-park would however have to be left entirely free for the use of patrons visiting the Leisure Centre. The organisers would also required to provide proof that they held Public Liability Insurance cover and sign the Council’s standard Form of Indemnification.

16.24.3 On Thursday, 26 August at 7.00 pm it was proposed to use the main hall at the Leisure Centre for an “Adult 5-aside Soccer Competition” and also on 28 August at 11.00 am it was proposed to use the main hall for an “Under 12 Soccer Competition”. Mr Johnston stated that the main hall could be booked for both these events.

16.24.4 On Saturday, 28 August a proposed “Strong Man Challenge” would take place at either Tobermore Golf Driving Range or Maghera Leisure Centre. Mr Johnston stated that half of the Leisure Centre car-park or Tobermore Golf Driving Range could be booked for this event. However, if the event was held at Maghera Leisure Centre car-park the could only use half of the facility, the other half being left entirely free for patrons visiting the Leisure Centre. The issue of insurance that he had highlighted as being required for the Trial Motorbike event would also apply to this event.

16.24.5 On Sunday, 29 August at 2.00 pm. it was proposed to hold a Teddy Bear’s Picnic using both the indoor and outdoor facilities at Maghera Leisure Centre. Mr Johnston stated that the Leisure Facilities could be booked for this event.

16.24.6 Mr Johnston stated that the final request was for the use of the grass area at the Leisure Centre from 25 August – 29 August for a fun-fair. Mr Johnston stated that he was strongly opposed to a fun fair on this site. He stated that his experience of fun fairs in the past showed that their insurance was inadequate, that Health and Safety was poor, that the supervision of the site was lacking and it was impossible to get them to close their activities at a reasonable hour.

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In his opinion they would be bringing heavy vehicles and equipment unto the pitch which could potentially damage the grass area and hamper the Council’s efforts to get this pitch into operation to facilitate Maghera Strollers Football Club. In view of his experience with fun fairs, Mr Johnston recommended that the Council do not permit a fun fair on this site.

16.24.7 There followed a full discussion regarding payment for facilities and the issues surrounding the requests for a fun fair at the Leisure Centre site.

16.24.8 It was

PROPOSED by Councillor J F Kerr, Seconded by Councillor J J McPeake

RESOLVED: that the organisers of the Sperrin Community Festival could book the appropriate leisure facilities in accordance with Mr Johnston’s report. The Council would not allow the grass area at Maghera Leisure Centre to be used for the proposed fun fair.

16.24.9 It was further resolved that in order to avoid setting precedence that organisers would be required to pay the appropriate rate for booking the above facilities. It was agreed that the officers would investigate if Community Relations funding could be obtained to assist the organisers promote this event.

16.25 Recycling Seminars/Exhibitions Mr Johnston advised that a waste management seminar to discuss prevention, recycling, recovery and disposal of waste was being held in Croke Park Convention Centre, Dublin on 28 and 29 September 2004 and a recycling and waste management exhibition was being held at the N.E.C. in Birmingham from 14 to 16 September 2004. Mr Johnston stated that both events were major annual events on the recycling calendar and that the officers would be keen to attend these seminars and exhibitions.

16.25.1 Councillor J Junkin suggested that the Council’s representatives on the North West Group Waste Management Committee should attend the Birmingham event.

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16.25.2 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J J McPeake, and

RESOLVED: that officers would attend the Waste Management Seminar at Croke Park Convention Centre, Dublin on 28 and 29 September 2004 and that Councillors Miss K A Lagan and P E Groogan would attend along with officers the Recycling and Waste Management Exhibition at the N.E.C. Birmingham from 14 to 16 September 2004.

17. REVIEW OF LOUGH Submitted letters from the Department of NEAGH AND LOWER Culture, Arts and Leisure and the Department of BANN MANAGEMENT the Environment, Environment and Heritage STRUCTURES Service enclosing a copy of Capita’s Executive’s Summary making a number of recommendations 175/8/2004 regarding the membership of the Advisory Committees and seeking the Council’s nomination (copies circulated to each Member).

17.1 Councillor J Junkin suggested that since both he and Councillor P H McErlean had served on both Committees he suggested that membership be split between the two Advisory Committees.

17.2 It was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by the Chairman, Councillor P E Groogan, and

RESOLVED: that Councillor J Junkin be nominated to serve as the Council’s representative on the Lower Bann Advisory Committee and Councillor P H McErlean be nominated to serve as the Council’s representative on the Lough Neagh Advisory Committee.

18. REQUEST FOR USE Submitted an email received from a Mr Laurence OF COUNCIL’S Jones request the use of the Council’s Coat of COAT OF ARMS Arms in a book covering the armorial bearings of present local authorities in Republic and Northern 409/8/2004 Ireland. The provincial arms along with the extinct councils such as Dublin County Council and the six Counties in the North would also be included.

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18.1 Mr Jones explained in the email the arrangement for the book’s contents and the format of entries (copy circulated to each Member).

18.2 On consideration it was

PROPOSED by Councillor J Junkin Seconded by Councillor J F Kerr, and

RESOLVED: that provided Mr Tohill, Director of Finance and Administration received the correct information from Mr Jones, that the Council accede to his request to use the Council’s Coat of Arms in his publication of armorial bearings.

19. FUEL POVERTY Councillor Miss K A Lagan stated that the Chief Executive had received a copy of a draft business 665A/8/2004 plan for the Fuel Poverty initiative. A budget of £10,000 was being sought from the District Council for the first year towards the use of an office, administration support and photocopying arrangements, etc.

19.1 The Chief Executive explained that he had spoken to Councillor Miss Lagan regarding this request prior to the meeting. He had explained to her that the value that the Committee had placed on the accommodation rental was inadequate (in that it was much less than what the LSP was paying for similar accommodation). The real value of the request was approximately £15,000 per annum. The Chief Executive further explained to the meeting that there was a further problem in relation to this request, due to the fact that if the Council agreed to this application, then it would have to be funded out of Section 115 of the Local Government Act 1972. There was an annual limit of £17,000 which could be used under Section 115 for special interests and for the benefit of the District. He explained that later on in the meeting, Mr Chris McCarney, Magherafelt Local Strategic Partnership would be making a request for a similar amount, which if granted would also have to be paid out of Section 115. Thus if both applications were successful this Section 115 budget would be oversubscribed.

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19.2 The Chief Executive recommended that the Council would agree in principle to making a contribution towards the fuel poverty request, subject to all of the other funding being in place and there being adequate funding remaining within the Section 115 budget.

19.3 On consideration it was

PROPOSED by Councillor Miss K A Lagan, Seconded by Councillor R A Montgomery, and

RESOLVED: that the Council agree in principle to making a contribution towards the fuel poverty request, subject to all of the other funding being in place, and there being adequate funding remaining with the Section 115 budget.

20. PAYMENT OF Submitted Statement of Expenditure setting out ACCOUNTS payments to be made during the month of August 2004 (copy circulated to each Member). 8/2004 20.1 The schedule provided for £554,651.43 out of the Revenue Account and £21,781.74 out of the Capital Account.

20.1.1 It was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J Junkin, and

RESOLVED: that the Statement of Accounts as submitted for August 2004 be approved.

20.2 Submitted Statement of Expenditure for the month of July 2004 (copy circulated to each Member). The schedule provided for £670,678.91 out of the Revenue Account and £51,848.99 out of the Capital Account.

20.2.1 It was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J Junkin, and

RESOLVED: to approve in retrospect the Schedule of Accounts as submitted.

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21. TENDERS 21.1 Submitted a report prepared by the Director of Building Control on tenders received for the 928/8/2004 erection of jetties at Newferry (copy circulated to each Member).

21.1.1 Mr Glendinning stated that tenders were submitted to six contractors and four were returned. The lowest tender was from Brogan Construction in the sum of £84,582.00, but they had failed to complete certain forms contained within the tender and these had been returned for completion. An arithmetical check was carried out and an undercharge of £27 was discovered. The rates were checked and it was found that the Bills of Quantities had been keenly priced. Some rates were high, such as excavation and filling. Inconsistencies were brought to the contractor’s attention and he confirmed that he would adjust their tender to £84,609.00 taking into account the arithmetical error. This adjusted figure was still the lowest.

21.1.2 Mr Glendinning recommended that the tender from Brogan Construction for a fixed price contract sum of £84,609.00 be accepted, only upon completion of all tender documents and written confirmation of the offer.

21.1.3 Councillor J Junkin enquired about the length and height of the jetties and whether provision had been made for the “Maid of Antrim” vessel to dock at Newferry.

21.1.4 Mr Glendinning explained that there were two jetties and gave specification details to Councillor Junkin. He said that he had used the specification provided by the Waterways Ireland who had provided the jetty at Portna.

21.1.5 Councillor Junkin was not satisfied that the jetty was sufficiently high enough to allow for “The Maid of Antrim” or its passengers to embark or disembark at Newferry and requested that the officers give this matter some serious consideration before commencing.

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21.1.4 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor T J Catherwood, and

RESOLVED: to accept the tender from Brogan Construction for a fixed price contract sum of £84,609.00 but only upon completion of all tender documents and written confirmation of the offer and that the officers check out the jetties specification with Waterways Ireland.

924/8/2004 21.2 Mr Glendinning reported that he had contacted the group party leaders regarding the purchase of furnishings for the New Council Chamber, Chairman’s Office and Reception as follows:-

1 Chairs for new Council Chamber –

21 leather high backed swivel chairs 4 leather low backed swivel chairs 16 leather public and officers chairs to match were requested.

Four suppliers were asked to tender after a lengthy investigation of various designs:

DMS Office Furniture, Mallusk Dennis Smyth, Mallusk Workshop, Belfast Design Solutions, Fortwilliam, Belfast.

Two tenders were returned. DMS Office Furniture Michelin Road, Mallusk, Belfast BT39 4PT was the lowest. The tender price was £21,287.00.

2 Desk Furniture for new Council Chamber –

Four suppliers were asked to tender by the Council’s architects:

Essential Design, Portglenone Micran Ltd, Castledawson Specialist Joinery, Maghera D Patton, Ballymena.

The lowest tender received was from Micran Ltd, 55 Creagh Road, Castledawson in the sum of £25,150.00.

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3 Furniture for new Chairman’s Office –

Furniture was purchased directly from Bevan Funnell Ltd, Norton Road, Newhaven, East Sussex BN9 0BZ to add to and to match the existing furniture already existing in the Chairman’s Office.

Mr Glendinning said that an agreement had been reached with Bevan Funnell Ltd to buy furniture at trade costs, which was approximately 50% of the normal retail prices. The furniture cost £19,416.90 plus VAT. The quality was of a very high standard and was the equivalent of a modern Chippendale. It was made in polished mahogany in Regency/Georgian style and the Officers believed that it was very good value for money.

4 Reception Desk –

Mr Glendinning stated that Micran Ltd, 55 Creagh Road, Castledawson had been asked to make the reception desk as they were the lowest tenderer for the Chamber furniture in the sum of £10,814.00. He said that £8,000 had been allowed in the contract for the new office extension, for a reception desk. Mr Glendinning said that it was considered sensible that the same tenderer was used to make the reception desk as the Council Chamber furniture in order to maintain a constant uniformity between the reception and the Council Chamber furniture.

21.2.1 Mr Glendinning recommended that the Council accept the costs incurred for furniture for the new Council Chamber, Chairman’s Office and Reception.

21.2.2 On consideration it was

PROPOSED by Councillor R A Montgomery, Seconded by Councillor J F Kerr, and

RESOLVED: that the Council accepts the tender prices quoted for the purchase of furniture for the new Council Chamber, Chairman’s Office and Reception.

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22. FINANCIAL Submitted the following letters of request for CONTRIBUTIONS financial contributions:-

56/8/2004 22.1 Mr Keith Moore: Submitted a letter from Mr Keith Moore, Mill Crescent, Tobermore stating that he had been selected to represent Northern Ireland at the Clay Pigeon Shooting DTL International in Wales and seeking a donation towards costs incurred (copy circulated to each Member).

22.2 Mr Leslie Maneely: Submitted a similar letter from Mr Leslie Maneely, Grange Lane, Magherafelt stating that he too had been selected to represent Northern Ireland in the Clay Pigeon Shooting DTL International in Wales and seeking a donation towards costs incurred (copy circulated to each Member).

22.2.1 On consideration it was unanimously agreed that £200 be forwarded to the parent organisation, Ulster Clay Pigeon Shooting Association to be distributed between the participants in the DTL International in Wales.

22.3 Homefirst: Submitted letter from James Burnside, Day Care Worker at Maghera Day Centre writing on behalf of four clients who would be representing Northern Ireland in the Special Pool World Championships 2004 held in Bridlington, England from 29 July to 31 July 2004 seeking funding towards the event (copy circulated to each Member).

22.3.1 On consideration it was

PROPOSED by Councillor J F Kerr, Seconded by Councillor J P O’Neill, and

RESOLVED: to make a donation of £200 towards the expenses incurred by clients and staff of Maghera Day Centre in representing Northern Ireland in the Special Pool World Championship at Bridlington from 29 to 31 July 2004.

22.4 Rainey Endowed School: Submitted letter from Mr Seamus Kyne (Teacher in charge of golf) stating that a team of three pupils would be representing Northern Ireland in the United Kingdom final to be staged at the Belfry near Birmingham in September with 16 other schools across mainland UK.

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Mr Kyne was seeking financial support towards the young golfers’ expenses (copy circulated to each Member).

22.4.1 The Chief Executive that an event such as this could not be funded by the Council.

22.4.2 It was agreed that the letter be marked “read”.

22.4.3 Councillor Rev McCrea requested that a letter be written explaining to the school why the Council could not receive a subscription.

22.5 Childline Northern Ireland: Submitted letter from the Regional Fundraiser addressed to the Chairman seeking support for the work of Childline Northern Ireland (copy circulated to each Member).

22.5.1 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor Miss K A Lagan, and

RESOLVED: that the Council make a contribution of £200 towards the work of Childline Northern Ireland.

22.6 Meningitis Trust: Submitted letter addressed to the Chairman from the Corporate & Event Fundraiser seeking financial help towards the work carried out by Meningitis Trust (copy circulated to each Member).

22.6.1 On consideration it was

PROPOSED by Councillor J F Kerr Seconded by Councillor J A McBride, and

RESOLVED: to make a donation of £200 towards the work carried out by Meningitis Trust.

22.7 Action MS: Submitted letter received from the Projects Manager seeking the Council’s help in promoting the Ben Nevis fundraising Weekend (copy circulated to each Member).

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22.7.1 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J P O’Neill, and

RESOLVED: that the Council make a donation of £500 towards Action MS.

22.7.2 Councillor O T Hughes enquired if all the money would go to the charity. He said that it had recently been brought to his attention that 10% of all monies donated to charities did not go directly to the charity but for administration and other expenses.

22.7.3 In reply, the Chief Executive said that the Council could not guarantee this.

22.8 Maghera Power Lifting Club: Submitted an additional letter from Mr Samuel Porter, Maghera Power Lifting Club seeking sponsorship towards the Northern Ireland Bench Press Championships to be held in Maghera Leisure Centre (copy circulated to each Member).

22.8.1 On consideration it was

PROPOSED by Councillor R A Montgomery, Seconded by Councillor Rev Dr R T Wm McCrea, and

RESOLVED: that the Council make a contribution of £400 towards the Northern Ireland Bench Press Championships.

23. CONFERENCES AND Consideration was given to the nomination of COURSES delegation to attend:

268/8/2004 23.1 Community Planning Group Study Tour: Submitted letter from Magherafelt Area Partnership enquiring if the Council wished to nominate any Councillors, serving on the LSP, to attend a group study tour organised by Concordia on Community Planning, which would take place in September 2004 (copy circulated to each Member).

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23.1.1 On consideration it was

PROPOSED by Councillor J J McPeake, Seconded by Councillor J A McBride, and

RESOLVED: that Councillors Miss K A Lagan, R A Montgomery, T J Catherwood and J F Kerr should attend the study group, but officers should check to confirm with the Members whether they would be available or not to attend.

23.2 2004 La Touche Legacy Seminar: Submitted invitation from Greystones Town Council, Co Wicklow inviting Members to attend the 2004 La Touché Legacy Seminar to be held from Friday, 1 October to Sunday, 3 October 2004 in the ‘La Touché Hotel’ Greystones. The seminar entitled “Public Service Delivery versus Privatisation” would consider what were the challenges facing Local Authorities. The fee for the conference was €190 per person.

23.2.1 On consideration it was agreed to mark the invitation “read”.

23.3 Confederation of European Councillors: Submitted letter from the Partnership Manager enclosing information on a one-day Information/Training Seminar in the Hodson Bay Hotel on Saturday, 4 September 2004 (copy circulated to each Member). The seminar would focus on ‘The Powers and Functions of Local Government, North and South’. The conference fee was €100.00/STG£70.00 per delegate.

23.3.1 On consideration it was

PROPOSED by Councillor Miss K A Lagan, Seconded by Councillor G C Shiels, and

RESOLVED: that the Vice-Chairman, Councillor R A Montgomery attend the Information/Training Seminar to be held on Saturday, 4 September 2004 at the Hodson Bay Hotel, Athlone.

23.4 NAC - National Women’s Conference: Submitted details received from the National Association of Councillors on the National Women’s Conference to be held in the Ramada Jarvis Hotel, Belfast from 3 – 5 September 2004 (details circulated to each Member). The fee for delegates was £295 plus VAT.

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23.4.1 On consideration it was

PROPOSED by Councillor R A Montgomery, Seconded by Councillor J A McBride, and

RESOLVED: that Councillor Miss K A Lagan attend the National Women’s Conference to be held in the Ramada Jarvis Hotel, Belfast from 3 – 5 September 2004.

23.5 Consultation Seminars on a Single Equality Bill for Northern Ireland: Submitted letter from the Office of the First Minister and Deputy First Minister stating that two regional seminars, one in The Radisson SAS Hotel, Belfast and one in the City Hotel, Londonderry were being held in order to ensure that the consultation process was as inclusive as possible by giving people an opportunity to influence the future shape and content of the proposed single Equality Bill (copy circulated to each Member).

23.5.1 It was agreed not to nominate a delegate to attend either seminar.

23.6 Confederation of European Councillors - Annual Conference 2004: Submitted letter from the Partnership Manager enclosing information on the Annual Conference 2004 of the Confederation of European Councillors (LAMA/NAC) which would take place at the Caleta Hotel, Gibraltar from Thursday, 14 October until Sunday, 17 October 2004. The conference fee was €250.00/STG£175.00 per person (copy circulated to each Member).

23.6.1 On consideration it was

PROPOSED by Councillor G C Shiels, Seconded by Councillor Miss K A Lagan, and

RESOLVED: that the Councillors P H McErlean, R A Montgomery and S O’Brien attend the Confederation of European Councillors Annual Conference 2004 to be held in the Caleta Hotel, Gibraltar from Thursday, 14 October to Sunday, 17 October 2004.

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23.7 NILGA – Morning Seminar – Developing a Response to the Sustainable Development in the Countryside Consultation: Submitted correspondence from the Chief Executive of NILGA inviting the Council to nominate people from the Council to attend a morning seminar in the Craigavon Civic Centre on Thursday, 2 September 2004 on developing a Response to the Sustainable Development in the Countryside Consultation (details circulated to each Member).

23.7.1 On consideration it was

PROPOSED by Councillor J J McPeake, Seconded by Councillor P H McErlean, and

RESOLVED: that the Council’s representatives on NILGA attend the morning seminar to be held in the Craigavon Civic Centre on Thursday, 2 September 2004.

24. ECONOMIC Consideration was given to the following: DEVELOPMENT 24.1 Mr McCarney, Magherafelt Area 47/8/2004 Partnership gave a presentation on the progress of the Round Table Conference held in ‘The Elk’ in January 2001. He explained that the Community Plan was used as the core document for funding bids to Leader Plus, Peace II, etc. To date Magherafelt Area Partnership had secured over £4.5 million for the implementation of the plan. The Directors ring-fenced £75,000 of Peace funding to review and update the Community Plan and set themselves the challenge to make a real difference in a few key areas. The issues selected were:-

• the plight of farming families • engaging with young people • community and voluntary sector • women – quality childcare.

Moreover the Special European Union Programmes Body (SEUPB) had insisted that the Council was soon to take a key role in the task and the award of £75,000 was conditional on securing matching funding from Council.

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24.2 Information Paper on contribution of business start-ups to Magherafelt’s economy: Mr McCarney submitted a report (copy circulated to each Member) He stated that the Council agreed to part fund the current Business Start Programme in partnership with Invest NI. The target set for Magherafelt of 210 businesses over 5 years had been met in 3½ years.

24.2.1 He said that Invest NI requested that the Council give a commitment to a new five year programme with budgets agreed from September 2004 to December 2006. Mr McCarney explained that the New Business Start Programme included mentoring, training and grant assistance up to £1,000. The total cost including management costs was £2,000 per case, of which Invest NI paid £1,300 and the Council £700. The Council paid £700 per case to Invest NI and reclaimed 50% of the expenditure from the Department of Enterprise, Trade and Investment (DETI), so that the net cost to the Council was £350 per case.

24.2.2. Mr McCarney further stated that the Council initially approved a budget of £147,000 in January 2002 as part of the overall LED Action Plan. This budget was later revised to £226,800 and approved by DETI. Out of this budget two grants amounting to £199,500 had been approved by Council, leaving the budget remaining at £27,300.

24.2.3 Mr McCarney stated that Invest NI was asking for a financial commitment of £700 for 153 cases up until December 2006.

24.2.4 Mr McCarney recommended that the remaining £27,300 already approved in the LED budget be offered to the new programme for 39 cases:

39 cases x £700 = £27,300.

Thereafter Council would only contribute £350 per case.

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24.2.5 On consideration it was

PROPOSED by Councillor J F Kerr, Seconded by Councillor Miss K A Lagan, and

RESOLVED: that the Council gives a commitment in principle to Invest Northern Ireland to support the new Business Start Programme for a five year programme and a financial commitment of £67,200 up until March 2006, that is:

39 cases @ £700 per case = £27,300 114 cases @ £350 per case = £39,900 153 cases £67,200

24.3 Revision to Entrepreneur Support Programme: Mr Mc Carney submitted a report (copy circulated to each Member). He said that the Entrepreneur Support Programme was very important to the local economy of Magherafelt. At the Council Meeting held in December 2002 the Council agreed to take the lead in the North West Research Programme to gather information on individuals who expressed interest in starting a business but had not moved into self-employment. The Council approved project costs of £35,024.93 for the first year.

24.3.1 Mr McCarney gave an evaluation of the first year’s activity. He said that costs were apportioned based on population figures for Derry City Council, Coleraine Borough Council and Magherafelt District Council. However allowing for the variance the nett cost to Magherafelt District Council did not exceed £7,705 detailed in the original paper to Council based on three Councils participating. He noted that when compiling the original submission for Council, the budget of £1,758 requested for travel and expenses had not been included and that the actual cost of the Procurement Service was only £1,610 against the estimated cost of £2,000, giving a variance of £1,368.

24.3.2 Mr McCarney outlined the proposals for the second year of the Entrepreneur Support Programme and recommended that the current programme should be maintained at a minimum level for a six months period because the clients recruited were promised support for at least two years. He said that the new programme should be finalised within this period. 71

Mr McCarney gave details of the overall cost for maintenance of the programme as £3,195 plus VAT.

24.3.3 Mr McCarney said that the Area Partnership requested the Council’s permission to increase the overall project budget to £39,587.93 to complete the first year of the programme and maintain the support for existing entrepreneurs for an additional six months period. He said that the nett cost to the Council would not exceed £7,278.59 (completion of year 1) and £1,342.00 (six months extension), totalling £8,620.59.

24.3.4 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J F Kerr, and

RESOLVED: that the Council agree to increase the overall Entrepreneur Support Programme to £39,587.93 to complete year 1 and approve a budget of £3,195 for the six months extension.

24.3.5 Extension of Time

The Chief Executive reminded the Chairman of the lateness of the hour, that the meeting had lasted continuously for four hours and that the meeting would stand adjourned unless two-thirds of the Members present resolved to continue sitting.

It was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J F Kerr

That the meeting continue.

On a vote being taken all the Members present voted unanimously in favour of the meeting continuing. The Chairman declared that the meeting would continue for a further hour.

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25. CONSULTATION Consideration was given to the following: DOCUMENTS (a) Consultation Report prepared by the 195/8/2004 Department of the Environment, Environmental Policy Group on Transposition of Article 6 of the Waste Electrical and Electronic Equipment Directive (2002/96/EC) – Proposals for Regulations seeking comments by 8 October 2004

(b) Letter and Consultation Document prepared by the Department of Culture, Arts and Leisure entitled “Policy Proposal on New Legislation for Safety at Sports Grounds in Northern Ireland” seeking comments by Friday, 1 October 2004

(c) Letter and Consultation Paper on Party Political Broadcasting prepared by the Department of Culture, Media and Sport seeking responses by 14 October 2004

(d) Letter and Draft Youth Work Strategy Consultation Document prepared by the Department of Education Youth Services Branch seeking comments by 15 October 2004.

(e) Letter and Consultation on Draft Primary Legislation – Proposal for an Order in Council for The Financial Provisions (Northern Ireland) Order 2005 seeking responses up to 22 October 2004.

(f) Review of Pre-School Education in Northern Ireland prepared by the Department of Education seeking responses.

(g) Consultation Document promoting the social inclusion of older people – Ageing in an Inclusive Society prepared by the Office of the First Minister and Deputy First Minister seeking comments before 19 November 2004.

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(h) Letter and Consultation Paper prepared by the Rivers Agency, Department of Agriculture and Rural Development seeking comments on the Proposed Lough Neagh (Levels) Scheme 2004 by 19 October 2004 (copy circulated to each Member).

It was resolved that if any Member or a Party grouping wished to comment they should submit their views to the Chief Executive who would then pass them on to the appropriate body.

26. ROADS SERVICE Submitted the following for consideration:

279/8/2004 26.1 Letter, Statutory Rule, schedule and map in connection with Carlisle Bridge (Access Road), Toomebridge (Abandonment) Order (Northern Ireland) 2004 (copies circulated to each Member).

Noted.

26.2 Copy of “Road Safety – Briefing for Opinion Leaders” for information (copy circulated to each Member).

Noted.

27. WATER (NI) Submitted letters and copies of applications ORDER 1999 for consent to discharge effluent under the Water Northern Ireland) Order 199 as follows: 280/8/2004 (a) Heron Bros for consent to discharge effluent to a waterway from Crockandun Hills, Cullion Road, Draperstown (copies circulated to each Member). (b) Mr N McNally for consent to discharge effluent to an underground stratum from two dwellings at 50 Disert Road, Draperstown (copies circulated to each Member). (c) Rocktown Quarry for consent to discharge effluent to a waterway from Rocktown Quarry, 35 Rocktown Road, Magherafelt (copies circulated to each Member).

27.1 On consideration it was agreed to make no comments on any of these applications.

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28. NOTICES OF MOTION In accordance with their Notices of Motion –

212/8/2004 28.1 Councillor J F Kerr proposed

“That this Council believes that the establishment of a Wood Working Centre of Excellence within the Magherafelt Council Area would be of immense benefit to all of those businesses engaged in the Wood Working Industry both within the Magherafelt District Council area, as well as those areas adjacent to it. In pursuance of this goal we would urge that the existing primary school site or any benefit accruing from the sale of this site, be used for the establishment of the Centre of Excellence. The foregoing is subject to Magherafelt Business Forum through their best endeavours developing a viable business plan for the Woodworking Centre of Excellence and to have all necessary funding in place by December 2005.”

28.1.1 Councillor J J McPeake seconded the motion. He concurred with the motion and the comments made by Councillor Kerr in that the Centre of Excellence was a very good idea and that Magherafelt Business Forum were entitled to be given the opportunity to develop a viable business plan in order to make the proposal become a reality.

28.1.2 Councillor Rev Dr R T Wm McCrea noted that it was interesting that there were two motions on the Agenda similar and each had the exact same endings. He said that he had given backing to the wood working centre, but the motions before Council went further than ever the Council went. His recollection was that the Council decided to move forward and not sell the RIR site and that part of the ground would be for the three schools, the local Primary School, the nursery school and the after school facility. He said that the selling of the present Magherafelt Primary School site was not in the Council’s control and he would be campaigning for the development of the leisure facilities and appropriate entrances and car-parking facilities. He said that there was a community involvement in this too. The Council really did need the site. The motion was saying that that the Department of Education should sell the site. This he said was throwing away the Council’s goodwill.

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Councillor Rev McCrea totally agreed with the woodworking centre project but he could not agree to encouraging the Department to sell the site, in fact he would say the opposite to the Department. He said that the ratepayers would feel that the Council was playing games, especially the people living in the Greenvale area of Magherafelt.

28.1.3 Councillor Miss K A Lagan said that she was delighted that the facts would be told but regretted that no Minutes had been kept of the party group meetings which took place whenever the matter was discussed. She said that the integral part of the deal for the RIR base was the Centre of Excellence and the Business Plan prepared by Magherafelt Business Forum.

28.1.4 Councillor Rev McCrea said that the Business Plan presented by the Magherafelt Business Forum was not accepted.

28.1.5 Councillor Miss Lagan said that the Committee had agreed to put both the primary school and the woodworking centre on the same site in order to raise INTERREG funding, to replace the funding lost from part of the site not being sold.

28.1.6 Councillor Rev McCrea disagreed. He said that there had been no decision to apply for INTERREG funding.

28.1.7 Councillor Miss Lagan said that at the first meeting with Mr Pearson MP in the Chairman’s Office she had suggested selling half the site but it had been quickly dismissed by everyone except herself.

28.1.8 Councillor Rev McCrea said that this was not a decision of the grouping but that Councillor Miss Lagan had decided to go off on her own with her own decision and was playing her own game.

28.1.9 A heated discussion ensued between Councillors Miss Lagan, P McLean and Rev McCrea on who suggested that funding would be obtained from INTERREG.

28.1.10 Councillor Miss Lagan then stated that an application for INTERREG had been rejected because there was too much money involved and it was then decided to give the land to the school.

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Councillor Miss Lagan said that the responsibility for economic development was still the Councils and that the value of the old site would benefit the original proposal.

28.1.11 Councillor Rev McCrea emphasised that this had never once been decided by the Committee. Regarding the motion before the Council, he said that the Centre of Excellence was for the whole of the Province, never did anyone agree to sell ground, and he asked was the Council saying that it wanted to buy ground. He also believed that the business plan for the Centre of Excellence must stack-up.

28.1.12 Councillor J McPeake commented that it might be better if the Council sold the site.

28.1.13 Again, Councillor Rev McCrea stated that the site was not the Council’s to sell.

28.1.14 Councillor R A Montgomery suggested that the Council would not get the site in the first place if it were its intention to sell.

28.1.15 Councillor Rev McCrea said that the motion would sell the Council out.

28.1.16 Councillor P McLean stated that he understood the principles of the woodworking centre and the need for skills but he failed to see the logic in this motion. It seemed to him that those concerned were bent on getting the woodworking centre at any cost.

28.1.17 Councillor Montgomery felt that the motions had come far too early. The Council should have been looking for the site first before deciding what to do with it.

28.1.18 Councillor Rev McCrea said that Magherafelt Business Forum had been able to tell what officers and Members of the Council were alleged to have said and done and he wished to point out that the Council’s first priority was towards its own services. He understood that such statements had been made at a public meeting held in the Sperrins area.

28.1.19 Councillor G C Shiels asked if the Department would not be looking for unanimity from the Council.

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28.1.20 The Chief Executive responded by saying that the Department would prefer it.

28.1.21 Councillor Rev McCrea enquired why the Council would not want or need the ground.

28.1.22 Councillor J F Kerr said that he would like to see proposals what the site would be used for.

28.1.23 The Chief Executive said that there had been as suggestion that if extra ground became available that it would be used for new leisure facilities with access coming through the existing primary school site.

28.1.24 Councillor Kerr enquired if he could see any drawings or other suggestions considered or proposals made by the Council in past years. If he could see these he would withdraw his motion.

28.1.25 Councillor Rev McCrea said that the primary school site was prime ground for extra leisure services if it became available. The Council would never get the opportunity again. He said that plans had been made for a 1,000 seated hall, another swimming pool, etc.

28.1.26 The Chief Executive stated that the Council had seen the plans, but that was some time ago and before 2001, in fact before Councillors Kerr and McPeake became Councillors.

28.1.27 Councillor Rev McCrea commented that if the ground became available and was sold it would finish leisure development in the area.

28.1.28 Councillor Kerr commented that he was not a Councillor before 2001 and asked to see the plans.

28.1.29 Suspension of Standing Orders The Chief Executive advised that the meeting had lasted continuously for five hours and that the meeting could only continue if Standing Orders were suspended.

28.1.30 It was

PROPOSED by Councillor J Junkin Seconded by Councillor J F Kerr, and unanimously

RESOLVED: that Standing Orders be suspended in order that the meeting could continue. 78

28.1.31 Councillor J Junkin said that he had attended all the meetings of the group party leaders, bar one meeting. He was aware of the value of the school site to develop leisure facilities and in particular the value of a suitable entrance from an early stage in the developments.

28.1.32 The Chief Executive stated that if there was not a unanimous decision the Council would “fall between two stools”. He said that Mr William McKeown, Chairman of Magherafelt Business Forum had been seeking a meeting to discuss possible ways forward.

The Chief Executive said that it seemed to him that both motions were premature until a meeting had taken place in order to find out the Forum’s thoughts and whether they had a revised business plan. He did not think that any Member was opposed to Magherafelt Business Form or the woodworking centre. He doubted if the Council could help because of the amount of money involved in the project and he felt it would be sensible if both parties withdrew their motions in the meantime.

28.1.33 Councillor Kerr stated that he was willing to withdraw his motion as did Councillor McPeake.

28.1.34 Councillor P McLean asked that any plans or proposals the Council had for the development of leisure services, new hall, etc be made available and circulated to Members.

28.1.35 Councillor Miss K A Lagan stated that she was very reluctant to withdraw her motion. She believed that the Magherafelt Business Forum should be given time to see what could be developed and if they could not get the funding then the whole issue of the development of the site should be reconsidered. She wanted to know why the Council should further develop leisure services; they had already done so in providing Maghera with a new centre.

28.1.36 Councillor Rev McCrea said that he personally would not be supporting her motion as he felt it was not in the best interests of the Council to sell this site.

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28.1.37 Councillor Miss Lagan stated that the Forum required £2 million to set the project up and enquired where that money would come from.

28.1.38 Councillor Rev McCrea enquired where was it coming from in the first instance.

28.1.39 Councillor Miss Lagan replied that it was coming from INTERREG.

28.1.39 Councillor Rev McCrea disagreed.

29.1.40 Councillor Miss Lagan then proposed her motion as follows:

“Now that the need to rebuild Magherafelt Primary School has now been addressed through the Reinvestment and Reform Initiative (RRI) this Council affirms that any further benefit accruing from this initiative should, as priority, be utilised for the establishment of a Woodworking Centre of Excellence within the Magherafelt area, as proposed by Magherafelt Business Forum. The foregoing is subject to the provision of Magherafelt Business Forum, through their best endeavours, developing a viable business plan for the Woodworking Centre of Excellence and having all necessary funding in place in December 2005.”

29.1.41 Councillor J A McBride seconded the motion.

29.1.42 Councillor J Junkin proposed that there be an adjournment for five minutes and the Chairman agreed.

29.1.43 The meeting reconvened at 12.50 pm.

29.1.44 Councillor Miss K A Lagan then stated that she was withdrawing her motion on the one condition that a Special Meeting of the Council be held with representatives of Magherafelt Business Forum.

29.1.45 Councillor McBride agreed.

29.1.46 Councillor Junkin said that he said that whilst it was difficult, he appreciated what both party groupings had done.

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29.1.47 Councillor Montgomery said that he knew that Councillor Lagan was very passionate about this project.

29.1.48 Councillor Rev McCrea commented that so was he.

29.1.49 The Chief Executive agreed to arrange a Special Meeting of the Council with Mr McKeown of the Magherafelt Business Forum in the near future.

30. RESOLUTION TO It was PROCEED “IN COMMITTEE” PROPOSED by Councillor P McLean, Seconded by Councillor Rev Dr R T Wm McCrea, and

RESOLVED: that the Council proceed “In Committee”.

Council “In Committee”

31. COMMUNITY GROUPS Mr Johnston stated that because of the lateness of the meeting he would not discuss requests from a number of local Community Groups at this meeting but leave them to be considered at the September meeting of the Council.

Noted.

32. STAFF MATTERS This item was taken “In Committee”.

33. LEGAL MATTERS This item was taken “In Committee”.

34. RESOLUTION TO It was PROCEED IN “OPEN COUNCIL” PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J J McPeake, and

RESOLVED: that proceedings be resumed in “Open Council”.

Proceedings in “Open Council”

81

It was

PROPOSED by Councillor Rev Dr R T Wm McCrea, Seconded by Councillor J J McPeake, and

RESOLVED: that the foregoing proceedings of the Council “In Committee” be and they are hereby approved and adopted.

35. SEALING OF The seal of the Council is hereby affixed to the DOCUMENTS following document:-

SD43/8/2004 35.1 Release of Charge in connection with a loan under the Small Dwellings and Acquisitions Acts in the name of Mr Robert Gordon (Folio 7793 Co Londonderry).

36. ITEMS FOR The following items were submitted for the INFORMATION information of Members:-

a) Copy of Press Release – Northern Health and Social Services Board – June meeting 2004. b) Copy of the department of Regional Development’s Regional Transport Programme 2004-2005 (copy circulated to each Member). c) Copy of Northern Ireland’s Waste Management Strategy Review Report. d) Copy of the Drinking Water Quality Report 2003. e) Copy of a Guide to Emergency Planning Arrangements in Northern Ireland prepared by the Office of the First Minister and Deputy First Minister. f) Copies of the Policy Paper, Summary of the Policy Paper and the Final Equality Impact Assessment of the Reform of the Rating System in Northern Ireland. g) Copy of the Housing Executive’s Annual Review of its rural housing policy “Places for People”. h) Copy of the Second Report of the Justice Oversight Commissioner – June 2004. i) Copy of the Rivers Agency’s Corporate Plan 2004-2009 & Business Plan 2004-2005. j) Annual Reports:

1. Northern Ireland Ombudsman 2003-2004 2. Waterways Ireland Annual Report and Accounts 2001 and 2002 3. Statistics Commission 2003-2004 82

4. Staff Commission 2003/2004 5. Valuation and Lands Agency Annual Report and Accounts 2003-2004.

The meeting concluded at 1.15 a.m.

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed.

______(Chairman)

______(Date)