MAGHERAFELT DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of District Council held in the Council Chamber, 50 Road, Magherafelt on Tuesday, 14 March 2006. The meeting commenced at 7.30 pm.

Presiding J F Kerr

Other Members Present P McLean P J Bateson J Campbell T J Catherwood J Crawford Mrs E A Forde (joined the meeting at 8.20 pm) P E Groogan O T Hughes Miss K A Lagan Rev Dr R T Wm McCrea, MP Mrs K A McEldowney J J McPeake I P Milne J P O’Neill G C Shiels

Officers Present J A McLaughlin, (Chief Executive) J J Tohill (Director of Finance and Administration) R Beattie (Assistant Chief Environmental Health Officer) W J Glendinning (Director of Building Control) T J Johnston (Director of Operations) Mrs A Junkin (Chief Executive’s Secretary)

Representatives from Other Bodies in Attendance Mrs J Bryson – Senior Planning Technical Officer, DoE Planning Service Mr C McCarney – Magherafelt Area Partnership (Item 18)

1 MINUTES

1.1 It was

PROPOSED by Councillor J J McPeake Seconded by Councillor, and P J Bateson, and unanimously

RESOLVED: that the Minutes of the Council Meeting held on Tuesday, 14 February 2006 (copy circulated to each Member), be taken as read and signed as correct.

2 MATTERS ARISING OUT OF THE MINUTES

The Chief Executive stated that there were no matters as such arising out of the Minutes.

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2.1 Submitted a letter from the Rate Collection Agency dated 1 March 2006 thanking the Council for its response to the hardship relief scheme for the non-domestic sector. The letter intimated that the majority of Councils agreed with the 10-day turnaround time and consequently this is the timescale in which RCA will seek a reply. This would be monitored over a period of time and would be revised if necessary. When RCA decides to seek a view from a District Council, it will be asking for a view on:

• The exceptional circumstances as presented by the applicant • The local impact on the business or organisation (including its importance to the District Council area); and • The impact on the interests of ratepayers in the District Council area.

The letter also stated that a query had been raised about how the relief awarded would be collected from Councils. RAC in reply, stated that The Rates (Amendment) Regulations () 2005 which were introduced on 31 December 2005 indicated that any hardship relief awarded would be reduced from income raised from rates and treated as a ‘loss in collection’.

Noted.

2.2 Submitted a letter from Post Office Ltd dated 28 February 2006 advising that as a result of the resignation of Mrs Kathleen McKenna from Tirkane Post Office branch and the withdrawal of the premises at 5 Slaughtneill Road, Tirkane, for use as a Post Office branch, this branch closed on 27 February 2006.

2.2.1 The letter further stated that the Post Office was planning to relocate this branch a distance of one mile away from the former site to premises at the An Carn Centre, Tirkane on 2 March 2006 and details of the new branch were attached to the letter.

Noted.

2.3 Secretary of State’s Garden Party The Chief Executive advised that the Secretary of State for Northern Ireland would be hosting a Garden Party at Hillsborough Castle in May 2006. The theme for this year’s Garden Party would be “The Health Sector including the Complimentary Health Sector”. He stated that a total of 14 places (7x2) had been allocated to the Council and that the Chairman and himself (Chief Executive) of all the Councils would be automatically invited to attend along with their spouses/partners. The allocation of places should live or work within the Council area and have direct links with the theme. He further stated that his secretary would be in touch with the leaders of the various party groupings seeking nominations before 31 March 2006.

Noted.

2.4 Councillor T J Catherwood referred to Page 6 of the Minutes – Item 8.1 – application H/2005/0614/F – Mr M McLarnon. He stated that the objectors to the application had asked him to ensure that the Council was aware that they were totally opposed to the application being approved without the Council offering them the opportunity to voice their objections. He further stated that the Planning Service had appeared to have handled this particular application in a very curious fashion and had also behaved similarly with the other associated application at the same location. Councillor Catherwood stated that he was particularly concerned about the way in which the property at Portna Road was now being marketed by a particular estate agent in that the advertisement made no reference to the fact that planning permission had been granted for holiday homes specifically for disabled people.

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Noting that Mrs Joan Bryson, SPTO was present he enquired if planning permission had been issued in respect of both applications H/2003/1112/O and H/2005/0614/F, and whether an Article 40 Agreement, which would restrict the usage of the properties to short-term letting, will be required in respect of H/2005/0614/F. In closing Councillor Catherwood reiterated his view of the objectors’ current opinions and stated that Councillor Hughes’ comments at the last meeting were not representative of the objectors’ wishes.

Councillor O T Hughes in reply stated that this application had been outstanding since 2003 and that the objectors had had sufficient time to make their views known to the Planning Service. He referred back to the section of the previous month’s minute dealing with his comments on the matter and said that he was merely supporting the Planning Service’s recommendation to approve the application.

Councillor Rev Dr R T Wm McCrea , referring to a copy of the advertisement that had been placed in the press for the sale of the relevant land on which planning approval had allegedly been granted, noted that the advertisement quoted the reference H/2005/0614/F as being for three self-catering holiday homes without any reference to the fact that permission was in fact granted for self-catering facilities for the disabled. He requested that Mrs Bryson be allowed an opportunity to clarify which approvals, if any, and for what, had been issued.

Mrs Bryson stated that, although she had no prior knowledge that this matter would be discussed and had not therefore brought the relevant file with her, she was familiar with both applications. The Planning Officer explained that application H/2003/1112/O was for six semi-detached, self-catering holiday chalets and one laundry/shower building. She advised that planning permission had been granted on this application which was subject to an Article 40 agreement. She went on to say that the second application H/2005/0614/F was for the change of use of existing boarding kennels and a cattery to three self-catering holiday homes including alterations for the disabled. She said that as far as she was aware the relevant planning approval had not been issued as a separate Article 40 agreement had yet to be put in place. It was her opinion that any accommodation of this type would have to make provision for use by disabled persons but she confirmed that she would like an opportunity to review the advertisement even though the Department had no powers to prevent advertisements of properties for sale in advance of the relevant planning approvals being issued.

Councillor Catherwood replied that he had been advised by a Planning Officer that Mr McLarnon had already signed an Article 40 agreement for application H/2005/0614/F and that the approval had been issued.

Mrs Bryson said that she could not comment further until she had an opportunity to investigate the matter.

The Chairman brought the discussion to a conclusion by suggesting that any Councillor who wished to have further discussions on the matter should approach the Planning Service at a later date.

3 BUILDING CONTROL DEPARTMENT 210/3/2006

The Director of Building Control presented the Department’s report for the period from 8 February to 7 March 2006 (copy circulated to each Member).

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3.1 During the period of the report thirty-nine applications had been recommended for approval. A total of seventy-nine applications required amending by architects and agents before granting approval. There were two Notices issued.

3.2 During this period there was one cancellation - MA/0990/0205 – B Jordan, Curran Road, for a dwelling. There was one extension of time - MA/2023/0201 – Robert Johnston, Tullynagee Road, for a dwelling. There were no rejections.

3.3 There were fifty-five Property Certificates issued during this period.

3.4 Sixty-eight applications had commenced on site and thirty-nine applications were found to be complete in accordance with Building Regulations.

3.5 Fifteen new Postal Numbers and Postcodes were issued for private dwellings.

3.6 On consideration it was

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

RESOLVED: to adopt the report as submitted.

4 NAMING AND NUMBERING OF STREETS PN135/134/2/2006

Consideration was given to the naming and numbering of:

4.1 A new development at Mullaghboy, Magherafelt for FERMAC Properties. The name suggested by the developer was ‘Mullaghboy Park’.

4.1.1 On consideration it was

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

RESOLVED: that the new development at Mullaghboy, Magherafelt be named ‘Mullaghboy Park’.

4.2 A new development at Inishrush Road, Portglenone for D & A Developments Ltd. The names suggested by the developer were:

• The Coach • The Old Coach • Henry Court • Brea Court

4.2.1 On consideration it was

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

RESOLVED: that the new development at Inishrush Road, Portglenone be named ‘The Coach’.

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5 LICENCES/REGISTRATIONS

5.1 Street Trading Licences:

Submitted the following application for a Street Trading Licence which was in order and recommended for renewal:

ST86 Mr Shane Madden, 10 Killybearn Lane, Cookstown Car-park andLay-by adjacent to the Road, Maghera

5.2.1 On consideration it was

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

RESOLVED: that the application as submitted be renewed.

6 PLANNING SERVICE 185/3/2006

Submitted the Divisional Planning Manager’s report dated 14 March 2006 (copy circulated to each Member).

6.1 New Applications:

H/2003/0469/F – Mr T O’Kane Approval.

Councillor Miss K A Lagan requested one month in order that the objectors could have an office meeting.

Councillor J J McPeake stated that current situation was that once an application was deferred for whatever reason there was no knowing the length of time it would be deferred. He urged the Council to have this application approved.

The Planning Officer advised that there had been six objections received mainly in connection with ownership of the disability splay, provision of a right-turning lane, impact of the access and the ability of the access. She felt that these issues had all been satisfactorily resolved.

Councillor P E Groogan stated that he had personally been one of the objectors to the application but he was now satisfied that his concerns had been addressed.

Councillor Rev Dr R T Wm McCrea reminded Members that they should be declaring an interest in an application, whether to loose or gain by that application, or to gain satisfaction outside the Council Chamber and it was illegal not to do so.

The Chairman, Councillor J F Kerr ruled that Councillor Groogan had declared an interest in this application.

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It was

PROPOSED by Councillor J J McPeake Seconded by Councillor J P O’Neill

That this application be deferred for one month in order that a meeting could be arranged with the objectors on the understanding that if the meeting did not identify any new substantive issues of concern the application would be referred back to the Council with a recommendation to approve at the next Council meeting

Councillor O T Hughes stated that he was in favour of the Council accepting the Planning Service’s recommendation because of the potential for inordinate delay.

On a vote being taken, 7 Members voted fo r the motion, 1 Member voted against, 7 Members abstained, voting being by show of hands. The Chairman declared the motion carried.

H/2004/0213/F – Younger Homes Ltd Approval

H/2004/1319/O – K Hawe Approval

H/2004/1344/F – Mr P McKenna Refusal. Deferred for an office meeting on the request of Councillor O T Hughes – Criterion 5

H/2004/1356/F – (name not supplied) Approval

H/2004/1373/DCA – Sperrin Properties Approval

Councillor Mrs E A Forde joined the meeting at 8.20 pm.

The Chief Executive reported that to the present time there had been no resolution to the stand-off taken by the Planning Service to office meetings as a result of the Council charging for room rental.

Councillor J J McPeake felt that this matter should have been sorted out.

Councillor Rev Dr R T Wm McCrea suggested that the matter would be resolved if the Planning Service went back to site meetings as requested by the Council. Other organisations including the Planning Appeals Commission paid for the use of the Council’s accommodation and under the equality agenda the planners would have to do likewise.

The Planning Officer raised the possibility of holding the next round of meetings in County Hall, Ballymena if the Planning Service agreed, if the Council’s decision was that room rental had to be paid.

On consideration it was agreed that the next round of office meetings would be held in County Hall, Ballymena subject to rooms being available on the relevant dates.

H/2004/1434/O – P Cassidy Approval

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H/2005/0162/F – L O’Kane Approval

H/2005/0198/F – Mr T McKeown Deferred for an office meeting on the request of Councillor Miss K A Lagan – Criterion 5

H/2005/0228/F – Mr G McKenna Deferred for an office meeting on the request of the Chairman, Councillor J F Kerr and Councillor Miss K A Lagan – Criterion 5

H/2005/0274/O – Mr J Mulholland Deferred for an office meeting on the request of the Chairman, Councillor J F Kerr and Councillor Miss K A Lagan – Criterion 5

H/2005/0351/F – Mr T Seffen Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea – Criterion 5

H/2005/0408/F – Moyola Park FC Deferred for an office meeting on the request of Councillors T J Catherwood, Rev Dr R T Wm McCrea, G C Shiels, J Crawford and J Campbell – Criterion 5

H/2005/0552/RM – Mrs M Whitman Approval

H/2005/0553/O – Mr S Ward Approval

H/2005/0581/RM – Mr R Lee Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea – Criterion 5

H/2005/0583/O – R Ewing Approval

H/2005/0641/F – Mr G Brown Approval

H/2005/0643/F – Mr T McKay Deferred for an office meeting on the request of Councillor Miss K A Lagan – Criterion 5

H/2005/0652/F – Mr J McMullan Approval

H/2005/0688/O – Mr U Bradley Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea – Criterion 5

H/2005/0695/F – A Kearney Deferred for an office meeting on the request of the Chairman, Councillor J F Kerr and Councillor Mrs K A McEldowney – Criterion 5

H/2005/0713/O – Mr J Adams Approval

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H/2005/0721/O – Mr J Hurley Deferred for an office meeting on the request of the Chairman, Councillor J F Kerr – Criterion 5

H/2005/0730/F – E Scullion Approval

H/2005/0822/O – Mr D Badger Approval

H/2005/0845/F – Mr A McKee Approval

H/2005/0875/O – Mr P Henry Approval

H/2005/0899/O – Mr M Moore Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea – Criterion 5

H/2005/0931/O – R O’Neill Approval

H/2005/0933/RM – Mr O Bradley Approval

H/2005/0942/F – Mr S Devlin Approval

H/2005/0953/F – Mr B Connery Approval

H/2005/0973/F – G Ward Approval

H/2005/0974/O – G Barfoot Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea – Criterion 5

H/2005/0975/F – S H Watterson Engineering Ltd Approval

H/2005/0977/F – C Lynn & T McDonnell Approval

H/2005/0984/O – Mr M Scullion Deferred for an office meeting on the request of Councillor O T Hughes – Criterion 5

H/2005/0986/F – Cloneen Day Nursery Approval

H/2005/1012/F – Mr A Mawhinney Approval

H/2005/1019/F – Dalriada Water Approval

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H/2005/1037/RM – Mr A J Farrell Approval

H/2005/1043/RM – Heron Bros Approval

H/2005/1056/F – Northern Ireland Electricity Approval

H/2005/1068/F – Mrs N Steele Deferred for an office meeting on the request of Councillor O T Hughes – Criterion 5

H/2005/1073/O – C Keatley Approval

H/2005/1089/O – D McNeill Approval

H/2005/1096/F – Mrs M O’Neill Approval

H/2005/1099/RM – Mr J O’Hagan Approval

H/2005/1104/O – Mrs K Bradley Deferred on the request of Councillor P E Groogan for an office meeting – Criterion 5

H/2005/1115/F – Mr F Higgins Approval

H/2005/1121/O – Mr S McCorry Approval

H/2005/1132/A – W Hill Approval

H/2005/1136/O – Mrs M McNally Deferred for an office meeting on the request of Councillor J J McPeake – Criterion 5

H/2005/1144/F – Mr & Mrs N Bond Approval

H/2005/1145/RM – Mrs S Murray Approval

H/2005/1152/F – Mrs K Convery Approval

H/2005/1156/F – Mr & Mrs McMullan Approval

H/2005/1166/O – C Walls Refusal

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H/2005/1168/O – Mr M Hanna Deferred for an office meeting on the request of Councillor Rev Dr R T Wm McCrea – Criterion 5

H/2005/1178/O – Mr J Whyte Approval

H/2005/1180/F – Mr E Crozier Approval

H/2005/1186/F – Mr J Paul Approval

H/2005/1187/F – Mr & Mrs K Gilmour Approval

H/2005/1189/O – Mr S McSorley Deferred for an office meeting on the request of Councillor P E Groogan – Criteria 5

H/2005/1197/F – Eamon McNally & Eileen Scott Approval

H/2005/1202/RM – Mrs R Kelly Approval

H/2005/1203/F – C O’Conner Approval

H/2005/1205/RM – Mr P Toner Approval

H/2005/1211/F – Northern Ireland Electricity Approval

H/2005/1213/F – Mr W Boyd Approval

H/2005/1218/F – Mr K Doyle Approval

H/2005/1221/F – Mr G Rea Approval

H/2005/1226/RM – Mr W Paul Approval

H/2005/1227/RM – Mr & Mrs R Graffin Approval

H/2005/1228/RM – Mr W Paul Approval

H/2005/1234/O – Mr H Henry Approval

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H/2005/1235/O – Mr K McCann Deferred for an office meeting on the request of Councillor O T Hughes – Criterion 5

H/2005/1237/RM – Mr P Hampsey Approval

H/2005/1238/F – North Eastern Education and Library Board Approval

H/2005/1249/O – Mrs A McCloy Approval

H/2005/1252/F – Mr W Young Approval

H/2005/1255/RM – Mr Wallace Approval

H/2005/1258/O – Mr H Ferson Approval

H/2005/1265/F – Miss I Kielt Approval

H/2005/1272/O – Mr O Hughes Deferred for an office meeting on the request of Councillor J J McPeake – Criterion 5

H/2005/1277/F – Mr W Barnett Approval

H/2005/1283/F – Ms A McElwee Approval

H/2005/1284/F – Northern Ireland Electricity Approval

H/2005/1289/F – Mrs A Murray Approval

H/2005/1291/O – Mr McErlean Deferred for an office meeting on the request of Councillor O T Hughes – Criterion 5

H/2005/1297/F – Mr Crawford Approval

H/2005/1298/F – Mr Mawhinney Approval

H/2005/1300/F – Mr W Spiers Approval

H/2005/1301/F – Mr G Henry Approval

H/2005/1308/RM – Mr H Turner Approval.

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Councillor T J Catherwood enquired why the Planning Service was allowing three new dwellings on this section of the Timaconway Road, which he considered to be an open space and lacking in integration. The current system did not seem to be fair.

Councillor C G Shiels claimed that there was a lack of consistency with planning applications.

Councillor Rev Dr R T Wm McCrea added that the RPA would have more problems with planning proposals.

H/2006/0003/F – Mr J Molloy Approval

H/2006/0006/RM – Mrs B McCloskey Approval

H/2006/0014/C – Road Service Consultancy Approval

H/2006/0015/F – Mr & Mrs O Hughes Approval

H/2006/0020/F – Mrs D Leacock Approval

H/2006/0028/F – Mrs A McErlean Approval

H/2006/0031/F – Mr J Scott Approval

H/2006/0045/F – Mr & Mrs G Donnelly Approval

H/2006/0048/F – North-Eastern Education & Library Board Approval

H/2006/0050/F – Mrs I McFadden Approval

H/2006/0064/F – Mr P McAllister Approval

H/2006/0078/F – Mr J McKee Approval

Applications Deferred from Previous Meeting:

H/2003/0274/F – Mr W Garvin Refusal. The Council disagreed with the decision.

H/2003/1217/O – E Gallagher Refusal. The Council disagreed with the decision.

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H/2003/1306/O – Mr C Convery Refusal. The Council disagreed with the decision.

H/2003/1397/O – P McPeake Refusal. The Council disagreed with the decision.

H/2004/0077/F – S Murray Approval

H/2004/0201/O – S Kennedy Refusal. The Council disagreed with the decision

H/2004/0203/O – Mr P Kennedy Refusal. The Council disagreed with the decision

H/2004/0393/O – Mr M Hasson Approval

H/2004/0429/O – Mr R J Mawhinney Approval

H/2004/0437/O – Mr Elliott Refusal. The Council disagreed with the decision.

H/2004/0728/O – Ms P Scullion Approval

H/2004/0802/O – Mr T Wallace Refusal. The Council disagreed with the decision.

H/2004/0804/O – Marald Developments Refusal. The Council disagreed with the decision. Councillor O T Hughes said that the applicant was going to an appeal and sought the Council’s support.

H/2004/0911/O – Mr E Monaghan Refusal. The Council disagreed with the decision.

H/2004/1115/O – J Hegarty Three weeks to withdraw on the request of Councillor Mrs K A McEldowney

H/2004/1162/O – Miss F Murray Refusal. The Council disagreed with the decision.

H/2004/1228/O – Mr D Clarke Refusal. It was

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

RESOLVED: that the Council give this application its full support in the event of the applicant proceeding to a Planning Appeal.

H/2004/1507/O – Mr G Bolton Refusal. The Council disagreed with the decision.

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H/2004/1540/O – Mr W Henderson Refusal. It was

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

RESOLVED: that the Council give this application its full support in the event of the applicant proceeding to a Planning Appeal.

H/2004/1573/O – Mr T Kennedy Refusal. The Council disagreed with the decision

H/2004/1578/O – O Gilligan Refusal. The Council disagreed with the decision

H/2004/1579/O – Brenda O’Neill & Ryan Robb Refusal. The Council disagreed with the decision.

H/2004/1583/O – Mr L O’Kane Refusal. The Council disagreed with the decision.

H/2004/1593/O – Mr W McErlane Refusal. The Council disagreed with the decision.

H/2005/0014/O – Mr P Diamond Refusal. The Council disagreed with the decision.

H/2005/0035/O – M McKee Refusal. The Council disagreed with the decision.

H/2005/0038/O – Riverside Community Enterprise Ltd Approval

H/2005/0039/O – Mr Kyle Approval

H/2005/0052/O – Mr S Girvan Refusal. The Council disagreed with the decision.

H/2005/0055/O – J Crawford Refusal. It was

PROPOSED by Councillor G C Shiels Seconded by Councillor Rev Dr R T Wm McCrea, and

RESOLVED: that the Council give this application its full support in the event of the applicant proceeding to a Planning Appeal.

H/2005/0073/O – Mr & Mrs A & K White Refusal. The Council disagreed with the decision.

H/2005/0130/O – P Madden Refusal. The Council disagreed with the decision.

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H/2005/0133/O – Mr W Cunningham Refusal. It was

PROPOSED by Councillor G C Shiels Seconded by Councillor Rev Dr R T Wm McCrea, and

RESOLVED: that the Council give this application its full support in the event of the applicant proceeding to a Planning Appeal.

H/2005/0135/O – Mr G McErlain Refusal. The Council disagreed with the decision.

H/2005/0138/O – Mr W Cunningham Refusal. It was

PROPOSED by Councillor G C Shiels Seconded by Councillor Rev Dr R T Wm McCrea, and

RESOLVED: that the Council give this application its full support in the event of the applicant proceeding to a Planning Appeal.

H/2005/0145/O – Mr O Bradley Refusal. The Council disagreed with the decision.

H/2005/0173/O – Miss E Convery Refusal. The Council disagreed with the decision

H/2005/0174/O – Mr G Harkin Refusal. The Council disagreed with the decision

H/2005/0212/A – McNicholls Service Station Refusal. The Council disagreed with the decision

H/2005/0240/O – G O’Kane Refusal. The Council disagreed with the decision

H/2005/0299/O – Mr B McKenna Approval.

The Planning Officer retired from the meeting at 8.55 pm.

6.2 Submitted letter dated 13 February 2006 from the Divisional Planning Office advising that Mrs Helena O’Toole had taken a career break and that Neil Dunlop had been appointed the new Divisional Planning Manager and requesting that Councillors be informed of the change.

Noted.

7 ENVIRONMENTAL HEALTH DEPARTMENT 196/3/2006

Submitted report for the month of February 2006, (copy circulated to each member). The following matters were taken into consideration:

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7.1 Public Health (Ireland) Act 1878:

Mr Beattie stated that the Environmental Health Department had received two complaints concerning alleged smell arising from a pig production unit in the area. The investigation was outlined, that is, fifteen visits to the area during which time no strong smell was detected, scrutiny of information gained from specialists in pig production, scrutiny of documentation illustrating Quality Farm Assurance, and consideration of complaint record sheets.

Mr Beattie stated that the pig producer was at present adhering to standards which would amount to a defence of ‘Best Practicable Means’ under the legislation. In any event, a public health nuisance was not found and no further action is required by the EH Department.

Mr Beattie asked that the Council endorse the actions taken by the EH Department in this matter.

7.1.1 It was

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

RESOLVED: to endorse the Department’s actions to date in this matter.

7.1.2 Councillor J Crawford stated that when a two-storey house was built in close proximity to this pig unit and the planners were advised about smell, etc. they took no action.

7.2 Health and Safety

Improving Enforcement Officers Contacts with Employees:

Mr Beattie stated that a key strategy of the Health and Safety Commissions Strategy for Workplace Health and Safety is to promote greater involvement of workers in health and safety issues and to increase effectiveness of employer/employee consultation. Attached to the main report to Council was Appendix A – A Policy on Contact with Representatives and Employees during Visits and Disclosure of Information.

Mr Beattie recommended that the Council adopt this policy for use by staff within the EH Department in their enforcement duties.

7.2.1 It was

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

RESOLVED: to adopt this policy for use by staff within the Environmental Health Department in connection with enforcement duties on health and safety issues.

7.3 Home Accident Prevention:

Mr Beattie advised that according to the Regional Home Accident Prevention Strategy published in November 2004 over 40% of accidents occurred in the home. Under the Local Government (Miscellaneous Provisions) (NI) Order 1992 councils were empowered to promote safety in the home.

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Under the Investing for Health Group within the NHSSB area, a Home Accident Prevention Steering Group was set up which included representatives of Magherafelt District Council EH Department. The steering group recommended the provision of Home Accident Prevention Officers for a period of three years. Funding would be provided on the basis of 50% contributed by Investing for Health with the other 50% provided jointly by Magherafelt and Cookstown District Councils. This equated to £4,500 from Magherafelt District Council for each of the three years in question.

The role of the Home Accident Prevention Officer is to raise awareness of issues, support community organisations, make home visits and co-ordinate the work of local agencies.

Mr Beattie recommended that the Council adopt the proposal for the provision of a Home Accident Prevention Officer jointly with Cookstown District Council.

7.3.1 It was

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

RESOLVED: to adopt the proposal for the provision of a Home Accident Prevention Officer jointly with Cookstown District Council.

7.4 On consideration it was

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

RESOLVED: that the report as submitted be adopted.

8 OPERATIONAL SERVICES DEPARTMENT 210/3/2006

Submitted report by the Director of Operations for the month of February 2006 (copy circulated to each Member).

8.1 Development Services:

8.1.1 Bridewell Tourist Information Centre – Plantation Centre Exhibits

Mr Johnston advised that the officers had adhered to Council’s instructions regarding this matter and were now in a position to submit the enclosed report and floor plan from Morrow Communications for the consideration of the Council. He stated that this report indicated that it would cost approximately £45,000 to have a viable exhibition at the Bridewell Tourist Information Centre. This included the purchase of items from W orkspace, . Mr Johnston advised that the officers had already spoken to EHS regarding grant aid for this project and were informed that they could potentially provide 90% funding with the Council being responsible for the 10% shortfall. Mr Johnston confirmed that they had asked Morrow Communications to indicate a price for the Workspace items and were now seeking Council’s opinion as to how they would wish to progress this matter.

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It was

PROPOSED by Councillor O T Hughes Seconded by Councillor P E Groogan, and

RESOLVED: that the officers would submit an application for funding to the EHS regarding the provision of a viable exhibition Centre Exhibits at the Bridewell Tourist Information Centre, Magherafelt.

8.1.2 The Ulster Way

Mr Johnston advised that in accordance with Council’s instruction the officers had sought clarification from the EHS regarding proposals for the Council to maintain and insure the Ulster Way Route. He stated that as part of this clarification process the officers had met with Mr T Eakin from the EHS on Friday 3 March 2006, and confirmed that prior to this meeting Mr Browne, the Council’s Development Officer had walked this Council’s section of the proposed route. Mr Johnston highlighted issues in his report regarding the provision of styles, information signs, etc. and explained to the members the maintenance requirements the Council would be expected to undertake if the Council agreed to participate in the creation of this route. Mr Johnston confirmed that the officers had advised Mr Eakin that insurance was the major issue and should the Council agree to support this project, they would almost certainly require the EHS to indemnify the Council from any claims of any kind or howsoever arising. In summarising the report Mr Johnston stated that his Department were in a position to carry out the initial work and maintenance proposals associated with the route, and provided the EHS confirmed their insurance proposals in writing, as contained in the report, including the indemnification clause he recommend that the Council agree to participate in the creation of the Ulster Way.

It was

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

RESOLVED: that provided that the EHS confirmed their insurance proposals in writing including the indemnification clause the Council would agree to participate in the creation of the Ulster Way.

8.1.3 Community Plan

Mr Johnston stated that the officers had received an offer from the Department of Social Development of £4,950 to review and update the Council’s Community Support Plan. He recommended that the Council accept this offer of funding and employ consultants to update the Council’s current Community Support Plan

It was

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

RESOLVED: that the Council would accept an offer from the Department of Social Development of £4,950 to review and update the Council’s Community Support Plan, that the funding would be used to employ consultants to carry out this work.

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8.1.4 Western Region Tourism Strategy and Action Plan 2006-2010, Draft Final Report

Mr Johnston stated that he had enclosed for the consideration of the members a copy of the Western Region Tourism Strategy and Action Plan 2006-2010, Draft Final Report. He stated that this was a fairly extensive document but he felt that the relevant statements contained in this report were on page 12 of the document, where it highlighted the Regional Tourism Partnership Options and an income and expenditure summary for 2007/2008. Mr Johnston stated that in regard to options he felt that options 1 and 3 may be worthy of consideration, in his opinion option 2 involved an additional layer of bureaucracy that would establish and Fermanagh as lead Councils. He stated that all options however had a cost consideration and that whatever option was chosen the cost to the Council would be £35,000. He indicated that this figure was substantially less than the costs suggested for Derry and Fermanagh Councils, however he felt that it was an inflated figure when you consider that when in the past membership of Tourism Ltd had cost the Council £16,000 per annum.

It was

PROPOSED by Councillor G C Shiels Seconded by the Chairman, Councillor J F Kerr, and

RESOLVED: that the Western Region Tourism Strategy Action Plan 2006-2010, draft final report, would be marked “read”.

8.2 Community Relations:

8.2.1 Cancellation of Derek Mehaffey Concert

Mr Johnston stated that members would be aware that the Council had given the officers approval to hold a country music concert in the Greenvale Leisure Centre on Saturday 25 February 2006, at a cost of £2,000, with the artiste being Mr Derek Mehaffey. He advised that this concert was extensively advertised and promoted, however on Monday 20 February 2006 five days before the event was due to take place just 15 tickets had been sold for this concert. This was despite the fact that Mr Derek Mehaffey had performed a concert in the Greenvale Leisure Centre in June 2004 and the patrons that had attended that event had asked that he be brought back for a repeat concert. Mr Johnston stated that the officers had however to make a call regarding this event and therefore in view of the small number of tickets sold it was decided to cancel the concert.

Noted.

8.2.2 May Festival

Mr Johnston advised the members that the Magherafelt District May Festival would run from Friday 19 May 2006 until Sunday 28 May 2006, and that the enclosed programme was for the information of the members.

Noted.

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8.3 Leisure Services

8.3.1 General Information

Mr Johnston advised the members that the figures contained in the report were estimates due to the Head of Leisure Services being on annual leave. He stated that the estimated figures would suggest that total income for leisure services in February 2006 saw a decrease of 9% when compared with the corresponding month of last year, however the actual figures may indeed be better than estimates as membership sales seemed to have picked up significantly towards the end of the month.

8.3.2 Summer Schemes

Mr Johnston stated that the members would be aware that it had been agreed by Council that the officers would review the current summer scheme and submit proposals as to how this could be improved in light of current legislation regarding the control and supervision of children. The officers had therefore compiled the enclosed proposals, at appendix 4 to this report, for the consideration of the members.

Mr Johnston proceeded to give a detailed presentation regarding the proposals and concluded by stating that in his opinion the proposals were fair and balanced, were manageable and reflected the cost of providing the service. He therefore recommended that the Council adopt these proposals for future summer schemes.

There followed an extensive discussion regarding this matter with a number of Councillors expressing concerns regarding the proposed charges as contained in the report.

It was

PROPOSED by Councillor P E Groogan Seconded by Councillor P McLean, and

RESOLVED: that the Council would adopt the recommendation submitted by the officers as guidelines for future summer schemes to be held at Greenvale and Maghera Leisure Centres.

8.4 Technical Services:

8.4.1 Bi-Lingual Street/Road Nameplates

Mr Johnston advised the members that the department had received requests from a number of residents living in Sunnyside Drive, Maghera; Glen Road, Maghera; Mallon Villas, Draperstown; Moykeeran, Draperstown and Cahore Heights, Draperstown for the Council to erect street/road nameplates in these areas that expressed the name of the street/road in English and Irish. He stated that if Council agreed to these requests it would be necessary for the Officers to consult with all the residents who live on these street/roads.

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It was

PROPOSED by Councillor I P Milne Seconded by Councillor P E Groogan, and

RESOLVED: that the Council would consult with the residents living in Sunnyside Drive, Maghera; Glen Road, Maghera; Mallon Villas, Draperstown; Moykeeran, Draperstown and Cahore Heights, Draperstown regarding the erection of street/road nameplates in these areas that expressed the name of the street/road in English and Irish.

8.4.2 Castledawson Toilets

Mr Johnston advised that in accordance with Council’s instructions the toilets in Castledawson were re-opened to the public on Monday 25 February 2006.

Noted.

8.4.3 Best Kept Awards

Mr Johnston stated that at a recent launch of the 2006 Best Kept Awards at Oxford Island, Craigavon it was announced that Super Valu were supporting a new Welcome Award. The purpose of this award was to welcome back those Councils that had not participated in this competition for a period of 5 years. The announcement advised that entry forms for this award should be completed and returned before 24 February 2006, however, these entry forms could only be submitted after the Council had paid an annual subscription fee of £750 to the organisers of the event. Mr Johnston stated that he personally did not see where the Council had been disadvantaged over the years by not taking part in this competition, nor did he see any advantage in resuming the Council’s participation. He stated that the Council had in fact saved £8,000 or £9,000 in membership fees, which he felt had been put to better use. The decision of whether or not to rejoin the Best Kept Award competition was the Members decision and therefore he asked the Council how they wished to progress this matter.

On consideration it was unanimously agreed that the request to rejoin the Best Kept Awards competition be marked “read”.

8.4.4 Waste Management

North West Public Consultation Process

Mr Johnston stated that the members would be aware that Councils affiliated to the North West Region Waste Management Group were currently reviewing their existing Waste Management plans for the purpose of identifying the key measures required to meet statutory targets between now and 2020, and that central to this review was an extensive public consultation process. He report that this consultation process had commenced on Monday 6 March 2006 and would conclude on Tuesday 6 May 2006. Mr Johnston stated that the consultation process would take a number of forms, it would however concentrate solely on the draft modifications to the existing Waste Management Plan.

Mr Johnston proceeded to give a detailed presentation regarding the consultation process and concluded by stating that when all responses from each of the Council areas where received they would be passed to the consultants RPS Kirk McClure Morton for analysis and then on to an independent body for verification.

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There followed an extensive discussion regarding this matter with a number of Councillors expressing concern regarding the delay in starting the consultation process, the fact that posters and bin stickers had yet to be provided by the North West Region Waste Management Group (NWRWMG) and basically what seemed to be a lack of procedures to raise pubic awareness regarding the consultation process.

The Chairman, Councillor J F Kerr stated that the Council had agreed to enter into a consultation process regarding the modifications to the Council’s existing Waste Management Plan, that it was of the utmost importance and therefore he would not accept a procedure that seemed less than adequate to address this matter. He concluded by stating that his party would keep the matter under review and if necessary seek further action, including an extension of time, in order that the consultation process was addressed to his satisfaction.

Noted.

Waste Infracture Task Force

Mr Johnston stated that an invitation from the Department of the Environment and the Northern Ireland Local Government Association had been issued to members of the Waste Management Task Force to attend a meeting in Glenavon Hotel, Cookstown on Friday 10 March 2006. He advised that the objective of this meeting was to finalise task force outcomes and to agree proposals for a Local Government Consultation Conference to be held on 27 April 2006. Mr Johnston stated that it seemed each Council would be asked to send 8 representatives drawn from both members and officers to this meeting.

Noted.

All Ireland Recycling Officers’ Colloquium

Mr Johnston stated that for the past number of years the Environment and Service in Northern Ireland and their Counterparts in the Republic Of Ireland had come together to organise an All-Ireland Recycling Colloquium to examine best practice and develop good working relationships between Councils throughout the Island of Ireland. He stated that the conference was targeted specifically at officers involved in recycling and those who were charged with the delivery of education and awareness.

He stated that this year’s event was to be held in the Killashee House Hotel in Naas, Co Kildare on Tuesday and Wednesday 25 and 26 April 2006, that there were no registration fees for delegates, however the cost of accommodation would be approximately £85.00 per night. Mr Johnston recommended that the Council nominate two officers to attend this conference.

It was

PROPOSED by Councillor P E Groogan Seconded by Councillor O T Hughes, and

RESOLVED: that the Council would nominate two officers to attend an All-Ireland Recycling Colloquium to be held in Killashee House Hotel, Naas, Co Kildare on Tuesday and Wednesday 25 and 26 April 2006.

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Environmental Youth Speak

Mr Johnston stated that the Environmental Youth Speak was a public speaking competition for primary and secondary schools, a competition that had been running in parts of Northern Ireland for a number of years. He stated that this year it was hoped that the competition could be run throughout the whole of Northern Ireland with all regional groups and the 26 Councils taking part. Mr Johnston stated that it was proposed that each Council would hold their own local heat of the competition, with the winners of each Council heat going on to a regional final. The winners of the regional final would then go to a grand final, to represent the region. Mr Johnston stated that it was proposed that each Council should be responsible for funding their own regional heat, that the three Waste Management Groups would fund the regional finals, and the Environment and Heritage Service would fund the grand final. He stated that the cost to the Council for entering this competition would therefore be the cost of running their own heat and the Council’s percentage of the £2,500, which the North West Waste Management Group would pay for the regional final. Mr Johnston recommended that the Council should take part in this very worthwhile competition.

It was

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

RESOLVED: that the Council would support the Environmental Youth Speak proposal by organising and funding their own heat of the competition, and the percentage of the £2,500 which the North West Regional Waste Management Group would pay for the regional final.

Cookstown Textiles School Recycling Initiative

Mr Johnston advised the members that Cookstown Textile Recyclers (CTR), who currently recycle the majority of the textiles collected in the Magherafelt District Council area, were now proposing to collect textiles from schools throughout Northern Ireland, and were basically asking the Council for a letter of support to show to schools in the Magherafelt District Council area. In return they would notify the Council of all the textiles that they collect so that these figures could be included in the Council’s recycling figures.

Mr Johnston recommended that the Council support the Cookstown Textile Recyclers recycling initiative scheme by issuing a letter of support to show to schools.

It was

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

RESOLVED: that in order to allow Cookstown Textile Recyclers expand their collection of textiles throughout the district the Council would issue them with a letter of support to show to schools in the Magherafelt District Council area.

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B.P.E.O

Mr Johnston stated that the members would be aware of the importance of the B.P.E.O process regarding the review of the Council’s Waste Management Plan and therefore the officers of the North West Region Waste Management Group had asked the Environmental Policy Division of the Department of the Environment to respond to ‘rumours’ that it was their intention to review these guidelines. He confirmed that the ‘rumours’ suggested a weakening of the B.P.E.O process in respect of targets, infracture, etc. Mr Johnston stated that Mr I Maye, the Director of the Environmental Policy Division responded, on 2 March 2006, to this request for clarification by stating that he was pleased to confirm that there are no proposals to vary or remove the Northern Ireland B.P.E.O in advance of the three Waste Management Groups’ Plans being completed, and specifically stated that the B.P.E.O’s status as ‘a framework for identifying the future of infrastructure requirements for wastes would have to be reflected in the current review of Waste Management Plans by District Councils.

Mr Johnston stated that this response would seem to confirm that for a waste management plan to be accepted by the Department it would have to broadly reflect the conditions as set out in the current B.P.E.O guidelines.

Noted.

Yellow Woods Challenge

Mr Johnston reported that the annual Yellow Pages Recycling competition for local schools had once again been success. He stated that the winning schools that collected the most old yellow pages per pupil were Primary School, Drumard Primary School and Kilronan Primary School. The winner for the Largest Overall total per school was also Tobermore Primary School

Noted.

Mr Johnston stated that this concluded the report. He had however asked the Chairman’s permission to raise a number of additional items. The Chairman agreed to Mr Johnston’s request.

Collection of Organic Wastes from Commercial Customers

Mr Johnston stated that many of the Council’s existing commercial customers such as schools, cafes and restaurants, generated large amounts of organic wastes that were currently being lost to landfill. He stated that as this was commercial waste and therefore collection/disposal had to be paid for in full by the customer with no direct cost to the Council, however indirectly as it goes towards the Council’s landfill site. In a worst scenario if landfill targets were not met it could cost the Council £150 per tonne.

Mr Johnston stated that in the past there was no alternative but to landfill this material, but now with the installation of the Council’s VCU in-vessel composter, the Council were now in a position to divert this material away from landfill for composting.

Mr Johnston explained that currently the content of the material being collected for composting in the VCU was very seasonable, basically wet in the summer and dry in the winter due to the lack of grass cutting in the brown bins. This dryness in winter was actually reducing the energy in the material which made it slower to heat in the VCU and to get to the important threshold level of 60°.

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He advised that by adding separately collected organic waste from café, restaurants and schools they would increase the energy levels in the winter material to summer levels, thus maintaining a consistent heat level in the V.C.U throughout the year. He therefore proposed that the Council offer its commercial customers who produce substantial amounts of organic waste the opportunity to separate their organic waste for composting. This material would then be collected as part of the Council’s brown bin composting round and kept completely separate from the commercial round.

Mr Johnston advised that to make the service more attractive to the Council’s commercial customers the Council could collect this organic waste at a reduced rate, offering a 50% reduction on the normal cost of collection and disposal of commercial waste. In his opinion this arrangement would be beneficial to all parties as it would reduce waste to landfill, increase the Council’s recycling rate and save the local schools and businesses money.

It was

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

RESOLVED: that the Council would authorise the officers to introduce a service for the collection of organic waste from commercial customers such as schools, cafes and restaurants, at a 50% reduction on the normal cost for the collection and disposal of commercial waste.

8.4.3 Glenshane Chernobyl Children’s Appeal

Mr Johnston stated that the Glenshane Chernobyl Children’s Appeal organisation were bringing 13 children from Belarus in Chernobyl to the Glenshane area for three weeks in July 2006, and were asking the Council if these children could be allowed to use the facilities in Maghera and Greenvale Leisure Centres free of charge during this period.

It was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor Mrs E A Forde, and

RESOLVED: that the Council would allow the 13 children from Belarus in Chernobyl who were visiting the Glenshane area for 3 weeks in mid July 2006 free use of the leisure facilities at Maghera and Greenvale Leisure Centres.

8.4.4 Energy Saving Trust Advice Centre

Mr Johnston stated that the Energy Saving Trust Advice Centre had issued an invitation to officers and members of the Council to a free training seminar on the viability of wood pallet domestic boiler systems.

The seminars were scheduled to take place on 20 March 2006 at the La-mon Hotel, Belfast and on the 24 March 2006 at Glenavon House Hotel, Cookstown. Mr Johnston stated that the seminar would run from 10.00am to 3.00pm with a buffet lunch being provided.

Noted.

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8.4.5 Moyola Park / Tobermore United Grass Routes Development Centre

Mr Johnston stated that the ‘Grass Routes Development Centre’ was one of 14 across Northern Ireland which the Irish Football Association and the Sports Council for Northern Ireland had combined to put in place an order to develop the game at the grass routes level province wide. He advised that the local Grass Routes Development Centre were indicating that they would have much to offer the young people of the Magherafelt District Council area and with this in mind were requesting a meeting with Council officials to make a short presentation on their programme and its ethos and to discuss its potential to the local community.

It was

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

RESOLVED: that the Council would authorise the officers to meet with representatives of the Moyola Park/Tobermore United Grass Routes Development Centre to discuss its potential to the local community.

8.4.6 Tobermore United Football Club

Mr Johnston stated that he had received correspondence from Tobermore United Football Club which stated that the Council would be aware of the IFA’s intention to form a new premier Intermediate League and the ground criteria attached to this proposal. The correspondence stated that Fortwilliam Park, Tobermore was one of the few intermediate grounds in the Country which meets a number of the conditions of the ground criteria, that there were a number of funding streams available to upgrade grounds to comply with the new standards, with grant aid available up to 85% of the total spend. Mr Johnston advised that the Football Club were therefore requesting a meeting with officers of the Council to discuss the upgrade required to Fortwilliam Park, Tobermore and what funding would be available to carry out this work.

It was

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

RESOLVED: that the Council would authorise the officers to meet with representatives of Tobermore United Football Club to discuss what upgrades were necessary in order that Fortwilliam Park complied with the IFA’s new ground criteria, and what funding would be available to carry out this work.

8.4.7 Natural Resource Rural Tourism Initiative Funding

Mr Johnston advised the members that on 18 December 2004 the officers had submitted an application for funding to the Natural Resource Tourism Initiative to market walking in the Magherafelt area.

He stated that on 2 March 2006 he had received a response to this application which stated that the Department of Agriculture and Rural Development on the recommendation of Sperrin Tourism Ltd where pleased to inform the Council that they had approved its application for grant aid. The correspondence stated that the project was to be completed by 19 March 2006 and the claim submitted to Sperrin Tourism Ltd by 1 June 2006.

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Mr Johnston stated that the award of this funding, completed all outstanding issues regarding the Council’s applications for NRRTI funding.

Noted.

8.4.8 100 th Birthday Celebration

Mr Johnston advised the members that a resident of Ben Bradagh Nursing Home, , a Miss Kathleen McNamee, would celebrate her 100 th birthday on 30 March 2006 and that the organisers of the celebrations were asking about the possibility of a congratulations card from Magherafelt District Council.

It was

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

RESOLVED: that the Council would send an appropriately worded card to Miss Kathleen McNamee, in celebration of her 100 th birthday on 30 March 2006.

8.4.9 Report on tenders received for the supply and delivery of 4,000 240 litre wheeled-bins

Mr Johnston stated that tenders were invited for the supply and delivery of 4,000 240 litre wheeled-bins, 3,000 of which were required for the continued expansion of the Council’s brown bin recycling scheme. The remaining 1,000 wheeled-bins were to be black in colour and were required for stock. Mr Johnston stated that the lowest tender received was from SSI Schaefer at £13.95 per bin. He stated that the Council had used Schaefer bins for many years and that during this time they had proven durable and strong with many Schaefer bins issued in 1988 still in service. He would therefore recommend that the Council accept the lowest tender and award the contract to SSI Schaefer at a cost of £13.95 per bin.

It was

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

RESOLVED: that the Council would accept the lowest tender, from SSI Schaefer, at a cost of £13.95 per bin, for the supply and delivery of 4,000 240 litre wheeled bins.

8.4.10 Abandoned Vehicles

Mr Johnston reported that there had been a steady increase in the number of vehicles that were being abandoned in the Magherafelt District Council area. He stated that his main concern was that when the road fund licence expired on a number of vehicles they were being abandoned on public roads, however at this point they were not ‘abandoned vehicles’ in the Council’s definition of the legislation, i.e., they were not derelict and without value, and therefore were the responsibility of the D.V.L.N.I as un-licensed vehicles.

He stated that the members would be aware that adverts were constantly on television to warn owners of unlicensed vehicles that they would be fined, via the computer, that the Vehicle Licensing Authority did not have to identify the vehicle on the ground, and that this fine would be followed by clamping and removal to a Vehicle Licensing Authority compound.

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Mr Johnston stated that this was not happening, the vehicles were being left to sit until they became vandalised to the point of destruction, the P.S.N.I. then informed the Council that it was an abandoned vehicle and asked the Council remove it at the Council’s expense. Mr Johnston stated that the point he was trying to make was that if the Vehicle Licensing Authority and the P.S.N.I. were doing their job the vast majority of these vehicles would not become abandoned vehicles and therefore the responsibility of the Council to dispose of at a cost to the ratepayer. He therefore suggested it might be appropriate for the Council to express concerns regarding this matter to the D.V.L.N.I. and the P.S.N.I.

It was

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

RESOLVED: that the Officers would write to the D.V.L.N.I and the P.S.N.I to express the Council’s concerns that un-licensed vehicles were being allowed to remain parked on public roads, etc until they became ‘abandoned vehicles’ and therefore the responsibility of the Council.

Mr Johnston stated that this concluded the additional items.

Councillor Rev McCrea said that he had been contacted by a number of people regarding the logo being used by the North West Regional Waste Management Group, that this logo only named four of the eight member Councils. He stated that this logo clearly omitted the names of Coleraine, Ballymoney, Moyle and Magherafelt Councils. In his opinion this was unacceptable and asked that the officers take action to address this matter.

The Chairman, Councillor J F Kerr stated that he also had received complaints regarding this issue and asked that the matter be resolved as a matter of urgency.

Mr Johnston stated that he had been approached by a number of members who had expressed concerns that the North West Region Cross Border Group logo was being used to represent the North West Region Waste Management Group. The issue was that the North West Region Cross Border’s logo contained the names of Derry, , Strabane and Donegal Councils only. These members felt that this was unrepresentative as it ignored Coleraine, Ballymoney, Moyle and Magherafelt Councils who were equal members of the North West Region Waste Management Group. Mr Johnston stated that he had already expressed these Members’ concerns to the Co- ordinator of the North West Region Waste Management Group, and had been assured that this matter would be discussed at the next meeting of the Officers’ Group, in early April 2006.

Noted.

8.4.11 Councillor I P Milne asked if the soccer posts at pitch could be replaced with gaelic posts. He stated that in his opinion gaelic posts would allow both codes to use the pitch for recreational purposes.

It was

PROPOSED by Councillor I P Milne Seconded by Councillor J P O’Neill, and

RESOLVED: that the Council replace the soccer posts at Glenone with gaelic posts.

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8.5 It was

PROPOSED by Councillor O T Hughes Seconded by Councillor Miss K A Lagan, and

RESOLVED: that the report as submitted be adopted.

9 SCALE OF CHARGES

9.1 Submitted schedules of revised Scales of Charges for 2006/2007 in connection with:

(a) Greenvale Leisure Centre (b) Maghera Leisure Centre (c) Leisure Services (d) Miscellaneous Charges.

Mr Johnston reported that most charges had been increased in line with inflation, then rounded up to basically the next 5p/10p to arrive at a figure that assists with accountancy procedures and the giving of change etc. He stated that a few charges had however more than inflation increases. At concessionary rates Mr Johnston stated that the increases were 30% or 40% and were basically required to meet equality legislation. He stated that while they were high in percentage terms they amounted to only 10 pence or 25 pence in money terms. At Lifestyle Membership Mr Johnston advised that induction, senior citizens and disabled increases were again a result of equality legislation and while they showed an increase of 150% in percentage terms they were basically an increase of £3.00 per year. He stated that the summer scheme increases reflected the new policy and procedures, which had been agreed by Council. Mr Johnston concluded by stating that the coaching rates had been increased basically in line with inflation.

In the consideration of the proposed miscellaneous charges for 2006/07 Councillors Rev Dr R T Wm McCrea, T J Catherwood, Mrs E A Forde and P McLean asked to have their objection to the registration of Civil Partnerships noted.

Councillor Miss K A Lagan requested that she be recorded as opposed to the increase in Summer Scheme charges.

It was

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

RESOLVED: that the Council adopt the scale of charges for the year 2006-2007 for Greenvale Leisure Centre, Maghera Leisure Centre, Leisure Services and Miscellaneous Charges.

10 COMMUNITY SAFETY UNIT –ADDITIONAL CCTV CAMERAS

Submitted information advising that The Community Safety Unit was running a £2 million competition to create or enhance CCTV systems in town centres.

The CSU would employ a contractor to install cameras and would cover all the purchasing and installation costs for successful applicants, but they required, in the event of the Council being successful, the Council to cover operating costs.

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The operating costs would include fibre optic rental from BT and electricity costs.

Magherafelt Area Partnership had negotiated that the current monitoring costs paid by the Council would not increase, even if four additional cameras were installed.

The Chief Executive advised that Magherafelt and Maghera CCTV System currently operated nine cameras. If the Council was agreeable to applying to the competition and also the additional operating costs if successful. It was recommended that the application should be for four additional cameras in the following locations to which the Council’s share of the costs would be as follows:-

PRIORITY LOCATION COST CUMULATIVE COST 1 Car-park at the back of Dorman’s, £850 £850.00 Magherafelt 2 Coleraine Road, Maghera £750 + £500 £2,100.00 3 Glen Road, Maghera £750 £2,850.00 4 Union Road Car-park, Magherafelt £750 £3,600.00

It was explained that the costs were approximate and based on estimates from CSU.

Councillor J J McPeake sought clarification from the Chief Executive on this competition. He said that he had reservations of the PSNI’s involvement with the cameras not only here but in other towns.

The Chief Executive explained should the Council apply for additional cameras to CSU then that application would compete with all the other applications and accordingly a decision would be made as to whether to award none, one, two, three or four to the area. He emphasised that evidence had shown a reduction in the level of crime in the Magherafelt and Maghera towns and urged the Council to apply.

Councillor Rev Dr R T Wm McCrea enquired about the need for a camera covering McSwiggan’s shop.

The Chief Executive explained that there were problems in installing a camera at this location because of the houses behind these premises and the potential for the cameras to be trained on them.

Councillor P McLean said that vintners and other business people in Magherafelt had said that CCTV cameras were very beneficial to them and the advantages outweighed the disadvantages.

Councillor J J McPeake proposed that the Council take no action in relation to installing additional cameras.

It was

PROPOSED by Councillor P McLean Seconded by Councillor Miss K A Lagan,

That the Council applies to the Community Safety Unit’s competition for additional cameras and if successful, the Council covers the operating costs.

Councillor P J Bateson said that he was against monitoring and would not support any application for additional cameras. He felt to do so was the easy option.

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Councillor J Campbell said that unfortunately it was a fact of life that CCTV cameras were required and although they did not cover everything they acted as a deterrent.

The Chief Executive stated that he would be most disappointed if the Council did not support this request.

Councillor Rev Dr R T Wm McCrea referred to the comments made as a political propraganda stunt and he asked what signal these Members were sending out to the community.

Councillor I P Milne suggested that the community should be asked about the need for extra cameras. He said that many people did not respect the PSNI.

Councillor McPeake commented that there was a continuous debate in other areas such as South Armagh about the existence of cameras.

Councillor Miss K A Lagan interjected by stating that people living on the Coleraine Road, Maghera felt that cameras were necessary in that area to attempt to address disturbances and the rise of serious injuries to people.

Councillor P McLean suggested that Members of Sinn Fein who did not want CCTV cameras, should recognise the needs of others and for them to abstain rather than vote against the provision of additional cameras.

The Chairman adjourned the meeting for 5 minutes at 10.45 pm in order to give party groupings time to reflect and make a decision.

The meeting reconvened at 10.50 pm.

The Chairman ruled that a vote should be taken on Councillor McLean’s proposal that the Council apply to the competition for the funding for the purchase and installation of four additional cameras, and also for the operating costs, if successful.

On a vote being taken 8 Members voted for the motion, 0 Members voted against, 8 Members abstained, voting being by show of hands. The Chairman declared the proposal carried.

11 ABSENTEEISM REPORT 2004/05

Submitted a copy of the Local Government’s Audit Office’s report on absenteeism for the year 2004/05 (copy circulated to each Member).

The Chief Executive stated that once again the Council had returned the lowest level of absenteeism and had one of the best performances in all of the twenty-six Councils.

Members congratulated the staff on the good performance.

Noted.

12 PAYMENT OF ACCOUNTS 3/2006

Submitted Statement of Expenditure setting out payments to be made during the month of March 2006 (copy circulated to each Member).

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12.1 The schedule provided for £667,940.76 out of the Revenue Account and £82,415.17 out of the Capital Account.

12.1.1 On consideration it was

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

RESOLVED: that the Statement of Accounts as submitted for March 2006 be approved.

13 AUDIT REPORT

Submitted the Local Government Auditor’s report and accounts of the Council for the year ended 31 March 2005 (copy circulated to each Member).

Noted.

14 FINANCIAL CONTRIBUTIONS 56/3/2006

Submitted the following requests for financial help:

14.1 Helping Unite Generations (HUG) – Help the Aged:

Submitted letter dated 13 February 2006 from Ms Maeve Egerton, Corporate & Trusts Executive HUG, requesting the Council to make a donation of £300 towards Hug (Helping Unite Generations), their annual campaign to raise awareness and funds to fight the growing problem of isolation and loneliness of older people in our society (copy circulated to each Member).

14.1.1 Mr Tohill advised that Help the Aged had already received funding from the Council during the current financial year and therefore a second should not be considered at this time.

Noted.

14.2 William Keown Trust:

Submitted letter from the Treasurer of the William Keown Trust seeking the Council’s continued financial support towards the work being carried out by the Trust during 2005/2006 (copy circulated to each Member).

14.2.1 On consideration it was

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

RESOLVED: that the Council make a contribution of £200 to the work of the William Keown Trust.

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14.3 Special Olympics Ireland – TEAMULSTER 2006 – Athlete Support:

Submitted letter from the Regional Director on behalf of the Regional Committee dated 10 February 2006 seeking financial support for athletes from the Council area who were participating in the games in Belfast (copy circulated to each Member).

14.3.1 On consideration it was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor P McLean, and unanimously

RESOLVED: that the Council make a contribution of £200 towards athletes from the Council’s District participating in the Special Olympics Ireland.

14.4 Association of Talking Newspapers of Northern Ireland:

Submitted letter from Ms Beatrice Miller on behalf of the local Talking Newspaper requesting a contribution towards its work for the blind or partially sighted living in the Cookstown and Magherfelt District (copy circulated to each Member).

14.4.1 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor G C Shiels, and

RESOLVED: that the Council make a contribution of £200 towards the work of the local Talking Newspaper “Sound-Track”.

14.5 7th Down the Line, Clay Pigeon Shooting World Championship:

Submitted letter from Mr Maurice McKeown, 6 Queen’s Avenue, Magherafelt requesting financial assistance for himself and two other clay pigeon shooters who had been selected to represent Northern Ireland at the 7 th Down the Line, Clay Pigeon Shooting World Championship to be held in Wagga Wagga, New South Wales, Australia at the beginning of April (copy circulated to each Member). The other shooters were – Mr Darren Bell, 15 Carrydarragh Road, Moneymore and Mr William Armstrong, 299A Church Park, Tamlaght O’Crilly, Maghera.

14.5.1 On consideration it was agreed that as the Ulster Clay Pigeon Shooting Association had already been awarded funding during the financial year the Council would not make a further consideration at this time. Accordingly the letter was marked “read”.

14.6 ‘The Big Breakfast’, Maghera:

The Chief Executive stated that he had received the annual request for the Council to make a subscription towards ‘The Big Breakfast’ organised by the local Cancer group and held in Walsh’s Hotel, Maghera.

On consideration it was

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

RESOLVED: that the Council make a contribution of £300.

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15 CONFERENCES AND COURSES: 298/3/2006

Consideration was given to the nomination of delegates to attend:

15.1 Department of Social Development’s 10 year Advice and Information Strategy: Consultations Sessions for Council staff and elected representatives to be held at the Burnavon Arts and Cultural Centre, Cookstown on Wednesday, 29 March from 9.30 am – 1.00 pm, followed by lunch (details circulated to each Member)

15.1.1 On consideration it was unanimously agreed that nominations be left open.

15.2 Rural Community Network Conference: Conference entitled “A Shared Future” to be held in the Glenavon Hotel, Cookstown on Friday, 24 March 2006 from 9.30 am – 1.00 pm (details circulated to each Member).

15.2.1 On consideration it was unanimously agreed that nominations be left open.

16 THE SOMME ASSOCIATION

16.1 Submitted letter from the General Manager of The Somme Association enquiring if the Council wished to be represented on the 2006 Somme Pilgrimage for the 90 th Anniversary of the Battle of the Somme. The pilgrimage would depart on 28 June and return on 2 July 2006 (details circulated to each Member).

The price would be £470 per person (excluding personal insurance) included flights to Belfast to Heathrow/ Gatwick return, coach travel, Dover/Calais/Calais/Dover ferry crossings and accommodation and buffet breakfast in a 3 star hotel (double rooms). There was a single room supplement of £80.

16.1.1 It was

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

That Councillor Mrs E A Forde attends the 2006 Somme pilgrimage.

16.1.2 It was

PROPOSED by Councillor J Crawford Seconded by Councillor P McLean

That Councillor G C Shiels attends the 2006 Somme pilgrimage.

16.1.3 There being no further nominations, the Chairman declared that Councillors Mrs E A Forde and G C Shiels attend the 2006 Somme pilgrimage from Wednesday, 28 June to Sunday 2 July 2006.

17 LIVING OVER THE SHOP (LOTS) INITIATIVE

17.1 Submitted letter from the Chief Executive, Northern Ireland Housing Executive dated 28 February 2006 stating that the Housing Executive had recently piloted this initiative in Lisburn and Derry/Londonderry.

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17.2 Following an evaluation, they had secured approval for the mainstreaming of the concept to other settlements as Town Centre Living Initiative Areas (TCLIA), to promote private rented residential accommodation over commercial premises in town and city centres, as an added value contribution to town centre regeneration. The Housing Executive intended to declare up to five new settlements each year. The letter and enclosures set out the criteria and key points to the promotion and advises on how a Council could apply (copies circulated to each Member).

17.2 Councillor J J McPeake said (as the Council’s representative on the Northern Ireland Housing Council) that the Housing Council was keen to have this initiative promoted.

17.3 The Chief Executive suggested that Mr Chris McCarney of the Magherafelt Area Partnership give consideration to the LOTS Initiative, before the Council would make a decision.

17.4 Members agreed.

18 ECONOMIC DEVELOPMENT

Submitted reports on the following requests (copies circulated to each Member):

18.1 (a) Contract Furniture Cluster: The report set out the background to the Furniture Innovation Network (FIN) which facilitated businesses to identify opportunities for co-operative working. Some years ago the Council had considered a woodworking centre under such a scheme.

Mr McCarney joined the meeting and said that five businesses – three from Magherafelt and two from the Republic of Ireland had agreed to work together to develop a shop-fitting cluster. He said that contract furniture fitting was buoyant and in Ireland the market value had increased by 54% during the period 1999 – 2002 in comparison to the 2% in the UK as a whole. He explained that manufacturers of contract furniture worked closely with designers, architects and property developers to produce bespoke furniture for some high profile public buildings. Mr McCarney outlined the weaknesses of the current situation. He said that the Steering Group of FIN proposed to develop a small pilot project to develop a business model for a contract furniture cluster. The long term goal was to build a strength and capacity to win fit-out contracts in London in the run up to the Olympics in 2012 and Liverpool for 2008 when they had been designated European City of Culture.

Mr McCarney explained the parameters of the pilot project which were:

1 Build an identity for the cluster which is independent of the individual members 2 Test the long-term viability of such an initiative 3 Cross-Border Vision

Mr McCarney explained how during the first six months the cluster organisation would develop and pilot a menu of services for cluster members and the project costs. He said that the cost of service development would be £17,410, the cost of management and financial administration would be £6,500, giving a total of £23,910. The contribution required from the Council was £19,910 towards the pilot cluster business project. Mr McCarney added that when the project was scored by the Magherafelt Area Partnership it achieved an average of 74% which indicated that the project was eligible for LED funding.

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Members queried the business contribution – four main contractors at £500 each, five furniture manufacturers/designers at £300 each and ten tradesmen at £50 each. It was suggested that the business contributions should be increased.

The Chief Executive suggested that Mr McCarney should approach all those involved requesting them to increase their contributions by 50% and see what would happen.

It was

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

RESOLVED: to adopt the Chief Executive’s suggestion that Mr McCarney revisit all the businessmen involved with a view to having them increase their contribution by 50% so that business contributions totalled £6,000 and the Council’s grant is reduced to £17,910. It was further resolved that, if the business contributions could be increased to £6,000, the Council would approve a grant of £17,910 to the project, otherwise it would be referred back to Council for reconsideration.

18.2 Recruitment & Training Cluster:

Mr McCarney gave an overview of the success of the Magherafelt economy. He said that its success was largely driven by the construction sector and that Magherafelt Business Forum proposed to develop a twelve months pilot project to develop a business model to assist manufacturing and construction businesses to address recruitment and training issues and productivity of manufacturing operations. During the first twelve months of the project the cluster organisation of seven members would be formed, its recruitment and training needs profited and a formal economic appraisal completed. He explained that the project would assist business members to recruit from school leavers, women, farmers and migrant workers. He said that the business members would effectively own the cluster business. Whilst migrant workers had solved most of the immediate skill shortage problems there was a medium term problem in finding Production Managers, Contract Managers and Estimators with practical experience and who were able to take on management responsibility. Mr McCarney said that women from the District who had been made redundant from the clothing sector and also farmers who were seriously looking for off-farm employment could be utilised. He further stated that many businesses were concerned about insurance cover for migrant workers. He further stated that a resource manual would be made available for their migrant workers. Mr McCarney outlined the action plan for the recruitment of these people. He said that the project costs would be £50,500. Funding from seven cluster members of £1,000 each would raise £7,000 and it was proposed that the Council would fund £43,500.

Mr McCarney pointed out that the Partnership felt that the Business Forum required to recruit the seven cluster members and research their specific needs before the Council would award the full grant of £43,500. He said that the project could not be progressed any further by the Business Forum on a voluntary basis without some technical assistance funding. Magherafelt Area Partnership recommended funding the Project Manager for an initial sixteen days to meet and clarify the needs of the seven businesses to be involved in the pilot project and to bring the proposal back to Council for the April meeting. Mr McCarney said that the project had been scored by the Partnership and achieved an average 71% which meant that the project was eligible for LED funding.

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Magherafelt Area Partnership recommended that the Council approve an initial grant of £2,600 towards sixteen days work at £150 per day plus travelling and expenses (£200) to help the Forum recruit and profile the recruitment and training needs of the seven members and complete a formal economic appraisal for the project.

Councillor P McLean declared an interest.

On consideration it was

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

RESOLVED: that the Council approve an initial grant of £2,600 towards sixteen days work at £150 per day plus travelling and expenses (£200) to help the Forum recruit and profile the recruitment and training needs of the seven members and complete a formal economic appraisal for the project.

18.3 Local Partnership II:

Mr McCarney said that in September 2004 the Council awarded a grant of £56,206 to the Magherafelt Area Partnership for the implementation of the Community Plan. He outlined the approach taken and the four selected key issues which were to make an impact on the plight of farming families, sustainability of the community sector, young people and childcare infrastructure. He further outlined the results of the targets set out in the original Letter of Offer from the Council, as set out in his report. He also spoke of other targets achieved.

Mr McCarney went on to say that the project had achieved 80% of its core objectives and that the remaining goals would be achieved over the coming year. He said that the timing and conditions for international volunteering and business involvement in childcare vouchers was not quite in place yet. The core funding for the Farm Family Bureau (FFB) was proving difficult to secure and was a frustrating process. The Community Sector would progress much faster in 2006 if support from the Modernisation Fund could be secured.

He said that the results on many of the projects had far exceeded the original goals and in particular the range of activities for young people compares favourably with any other district in Northern Ireland. The plans for a creative youth centre and response to the new Post 16 Curriculum Project would be very innovative.

Mr McCarney stated that the total budget for Phase II (January 2006 – March 2007 – 15 months) was £79,690. He outlined the targets for 2006. Mr McCarney said that the project had been scored by Magherafelt Area Partnership and achieved an average of 81% which meant that the project was eligible for LED funding.

It was recommended that the Council approved a grant of £79,690 for the continuation of the Local Leadership Project.

Councillor Rev Dr R T Wm McCrea asked if Castledawson had been included in the Magherafelt Town Initiative.

Councillor P E Groogan also enquired about Draperstown being included with Maghera.

On consideration it was agreed that Mr McCarney investigate the potential for Castledawson and Draperstown to be included in the project.

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It was

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

RESOLVED: that the Council approve a grant of £79,690 for continuation of the Local Leadership Project including expenditure already incurred from January 2006 as necessary.

19 CONSULTATION DOCUMENTS 195/3/2006

Consideration was given to the following:

(a) A Consultation document on the draft EQIA on the Water Service Transformation Programme seeking comments. The consultation period runs from 20 February to 12 May 2006.

(b) Committee on Standards in Public Life Issues and Questions consultation paper for its 11 th Inquiry: Review of The Electoral Commission. The period of submission for written evidence runs until 16 May 2006.

(c) Letters and copy of the Northern Investing for Health Partnership Fuel Poverty Strategy seeking the Council as a key partner to endorse this strategy and action plan and to respond indicating the Council’s position.

(d) Preliminary Consultation on the A6 Castledawson to Londonderry Dualling – letter and copy of map showing route corridor options from Scott Wilson and Ferguson McIlveen (appointed by the Roads Service to provide consultancy services), wishing to establish any relevant constraints or factors that should be taken into account when considering the corridor options (copy circulated to each Member).

(e) Public Consultation on the Release of Date from the UK Vehicle Registers seeking responses by 31 March 2006

It was further agreed that if any Member of party grouping wished to make comments on this document they should forward them to the Chief Executive who would then arrange to have them sent on to the appropriate body.

18 ROADS SERVICE 280/3/2006

Submitted the following letters and enclosures:

18.1 Proposing the relocation of a disabled parking bay on Market Street, Magherafelt as a result of the Post Office being relocated to new premises on the opposite side (North East) of the street. The letter stated that the site of the existing bay would become subject to a 1 hour in any 2 hours waiting restriction (copy of letter and street map circulated to each Member).

18.2 The adoption of streets at a development at Road, Maghera – Stage 2 by P Young & Sons Ltd under the Private Streets (Northern Ireland) Order 1980 (copy of letter and plans circulated to each Member).

18.3 On consideration it was agreed to note the note both letters.

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19 NOTICES OF MOTION 212/3/2006

19.1 In accordance with her Notice of Motion, Councillor Miss K A Lagan proposed:

“That this Council condemns the ongoing attacks on our elderly citizens and those living alone and calls on everyone to keep a watchful eye on those neighbours that they believe are vulnerable to attack.

• Council calls on anyone with information to make it available to the Police Service where they believe it may be of assistance to help bring the criminals to justice.

• Council demands that the judicial system deals with such attacks in a manner that reflects the outrage of the general public

• Council calls on Government to offer a reward for information that leads to the apprehension and conviction of anyone involved in attacks on the elderly and those living alone.”

The motion was seconded by Councillor J Campbell

In support of her motion Councillor Miss Lagan noted that although there was a relatively low rate of attacks on the elderly in the Magherafelt District, elderly and vulnerable people could not help being afraid of potential attacks. She called on the Council to support her motion.

Councillor J J McPeake stated that he understood the sentiments around the motion and he too was thankful that there had been very few instances of attacks in the area. However, he said that he had an issue with the fact that the motion specifically required people to make information available to the PSNI which was an organisation with which his party had great concerns. Accordingly he wished to make an amendment to the motion as follows.

Amendment

“That this Council condemns the ongoing attacks on our elderly citizens and those living alone and calls on everyone to keep a watchful eye on those neighbours that they believe are vulnerable to attack.”

• Council calls for the maximum community effort to bring the criminals to justice and calls on anyone with information to bring it forward through a channel of their choice and in a way that can be used as evidence in a court of law.

• Council demands that the judicial system deals with such attacks in a manner that reflects the outrage of the general public.

• Council calls on Government to offer a reward for information that leads to the apprehension and conviction of anyone involved in attacks on the elderly and those living alone.”

The Amendment was seconded by Councillor I P Milne.

Councillor Miss Lagan queried the point of the amendment by suggesting that people would have to make contact with the PSNI if there was to be a prosecution.

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Councillor Rev Dr R T Wm McCrea stated that the amendment was “a cop out” in that if there was going to be a prosecution whoever the person reported the incident to would have to contact the PSNI as there was only one mechanism for taking a prosecution. He went on to say that he was surprised that given Sinn Fein’s previous comments in connection with the judicial system there was not a proposed amendment to that section of the motion.

Councillor G C Shiels suggested that the proposed amendment was hypocritical in that although Councillor McPeake was indicating that his party did not want anything to do with the PSNI he was able to confirm that there were occasions when Sinn Fein representatives were willing to attend functions at which the PSNI were present.

There followed some discussion on the specifics of Councillor Shiels’ remarks.

On the Amendment being put to a vote, 8 Members voted for, 8 Members voted against, voting being by show of hands. The Chairman exercised his casting vote and declared the Amendment carried.

On the Amendment becoming the substantive motion, 8 Members voted for, 8 Members voted against, voting being by show of hands. The Chairman exercised his casting vote and declared the motion carried.

Councillor P McLean retired from the meeting at 11.20 pm.

19.2 Councillor J J McPeake proposed on behalf of Councillor J P O’Neill:

“That this Council demands that Roads Service honours its commitment given at its presentations to the Council in December 2004 and September 2005 and realigns the junction of Hall Lane and Mayogall Road as stated at those presentations.”

The motion was seconded by Councillor I P Milne.

Councillor McPeake said that the motion was self-explanatory in that it had come about as a result of Roads Service having changed their mind on this scheme and he felt that it should have honoured its commitment.

On a vote being taken 9 Members voted for, 0 Members voted against, 6 Members abstained, voting being by show of hands. The Chairman declared the motion carried.

19.3 Councillor J J McPeake in accordance with his Notice of Motion proposed:

“That

• This Council welcomes the fact the Irish Unity is now the stated objective of all nationalist parties on the island of Ireland including the present Irish government administration.

• This Council therefore believes that An Taoiseach Bertie Ahern has a unique responsibility in giving practical expression to his administration’s and nationalist Ireland’s stated objective on the issue by immediately commissioning a Green Paper on Irish Unity: a paper focussing on the compelling logic of this outcome in political, social and economic terms as well as spelling out what pro-active strategy his government is going to undertake in pursuance of the stated objective of nationalist Ireland.

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• This Council further calls on An Taoiseach Bertie Ahern to initiate a holistic consultation process amongst all sectors of society north and south to assist in the formulation of a Green Paper.

• This Council further calls on An Taoiseach Bertie Ahern to give immediate effect to the Constitution’s recognition of the entitlement of every person born on the island of Ireland to be part of the Irish nation by legislating for: Northern representation in Dáil Éireann, the right of people in the six counties to vote in national referenda on articles of the Constitution and the right to vote in Presidential elections.

• This Council communicates the above requests in writing to An Taoiseach Bertie Ahern.”

The motion was seconded by Councillor I P Milne and supported by Councillors Mrs K A McEldowney, J P O’Neill, O T Hughes, P E Groogan, I P Milne, P J Bateson and the Chairman, Councillor J F Kerr.

Councillor McPeake in support of his motion, stated that he was simply calling for An Taoiseach Bertie Ahern to deliver upon his stated objectives on the issue of Irish unity.

Councillor Rev Dr R T Wm McCrea stated that it was his opinion that the motion was nonsense. He said that the notion of a united Ireland had been surpassed by the Republic of Ireland’s decision to join the European Union. He further stated that the implication of the Belfast Agreement was that the consent of the majority of the Unionist population would be required in order for Northern Ireland to be no longer part of the United Kingdom. This, he said, would never happen. Councillor Rev McCrea suggested that the motion was being proposed in an effort to appease some of Sinn Fein’s supporters. However the reality was the Republic of Ireland had relinquished its territorial claim over Northern Ireland.

Councillor G C Shiels stated that no one from his party was going to speak to the motion because the motion had no relevance to the business of Magherafelt District Council.

Councillors T J Catherwood, J Crawford, Mrs E A Forde, Rev Dr R T Wm McCrea and G C Shiels retired from the meeting at 11.25 pm.

Councillor J Campbell stated that he was disappointed that the Unionist Councillors had assumed that no one else wished to speak to the motion before leaving. He said that once again the SDLP grouping felt it necessary to suggest an amendment to the motion. It was his party grouping’s view that the motion as proposed would only serve to further divide society and contribute to the potential for the consequent negativity and tension that could arise. Councillor Campbell said that the SDLP continued to be one hundred percent behind a united Ireland based on equality and one-hundred percent behind the Good Friday Agreement. His party grouping did not believe that Councillor McPeake’s motion was the correct way to unite the people of Ireland. He felt that the institutions proposed under the Good Friday Agreement offered the best opportunity of achieving this objective by giving people the capacity to change their existing relationships.

Accordingly, Councillor Campbell proposed the following Amendment

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Amendment

“That

This Council notes the Sinn Fein proposal calling on the Irish Government to initiate a Green Paper on Reunification and the issue of voting rights on the island of Ireland and representation in Dail Eireann

That

This Council also notes the SDLP’s document “Uniting Ireland – The SDLP, The Agreement and Irish Unity”

That

This Council recognises the need for adequate preparation in advance of reunification. It condemns all violence through the years which caused death and destruction in Ireland, deepened division among the people of Ireland and has prevented the trust and reconciliation so necessary to create a unity of all our people. Furthermore it commits itself to the full implementation of the Good Friday Agreement as the foundation upon which that unity will be built and the framework within which national reconciliation of all our communities can be achieved.”

19.4 Lateness of Hour

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

19.4.1 On consideration it was

PROPOSED by Councillor O T Hughes Seconded by Councillor J P McPeake, and unanimously

RESOLVED: that the meeting continue.

Councillor McPeake replied to the amendment saying that it was unfortunate that a number of Councillors choose to remove themselves from the debate. He further stated that it was not the intention of his motion to force anyone into anything but rather to encourage An Taoiseach Bertie Ahern to advance the process of securing Irish unity.

The Chairman, Councillor J F Kerr noted Councillor Campbell’s suggestion that Irish unity could be pursued in a range of forms but said that this did not preclude it being advanced in the manner suggested by Councillor McPeake.

On a vote being taken on the Amendment, 2 Members voted for, 7 Members voted against, 1 Member abstained, voting being by show of hands. The Chairman declared the amendment lost.

On the motion being put to the meeting, 7 Members voted for, 1 Member voted against and 2 Members voted against, voting being by show of hands. The Chairman declared the motion carried.

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19.5 Councillor P J Bateson in accordance with his Notice of Motion proposed

“That this Council proposes –

• That in relation to the future of electoral registration in the North that there should be a carry forward from the autumn of 2005 canvass

• That this carry forward form the basis of the new arrangements to ensure a full and comprehensive register, and

• That there is no need for an annual registration scheme.” The motion was seconded by Councillor J J McPeake.

Councillor Bateson spoke briefly to the motion and outlined his understanding of the Electoral Fraud Act and its implications.

On consideration the motion was unanimously adopted.

20 RESOLUTION TO PROCEED “IN COMMITTEE”

It was

PROPOSED by Councillor Miss K A Lagan Seconded by Councillor P E Groogan, and

RESOLVED: that the Council proceed “In Committee”.

Council “In Committee”

21 STAFF MATTERS

This item was taken “In Committee”.

22 LEGAL MATTERS

This item was taken “In Committee”.

23 RESOLUTION TO PROCEED IN “OPEN COUNCIL”

It was

PROPOSED by Councillor P E Groogan Seconded by Councillor O T Hughes, and

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

Proceedings in “Open Council”

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It was

PROPOSED by Councillor P E Groogan Seconded by Councillor O T Hughes, and

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

24 SEALING OF DOCUMENTS

The Seal of the Council is hereby affixed to the following documents:

24.1 Plot K16 - Grant of Right of Burial to Mr David Bradshaw Sands, 42 Killyneese Road, Magherafelt BT45 5DS (deceased Mr Robert Hay Sands).

25 FOR THE INFORMATION OF MEMBERS

The following items were submitted for the information of Members:-

(a) Minutes of the 374 Meeting of the North-Eastern Education and Library Board held on Tuesday, 31 January 2006. (b) Minutes of Meetings of the Northern Health and Social Services Council held on 1 February 2006. (c) Minutes of the fortieth meeting of the Lough Neagh Advisory Committee held on Wednesday, 7 December 2005. (d) Minutes of the fortieth meeting of the Lower Bann Advisory Committee held on Thursday, 15 December 2005. (e) Minutes of Meetings of the Lough Neagh Partnership Board held on 6 October, 10 November and 15 December 2005. (f) Final Response by the Federation of the Retail Licensed Trade Northern Ireland to the Department of Social Development’s Consultation - Liquor Licensing: The Way Forward. (g) Discussion Paper prepared by the Northern Ireland Office “Devolving Policing and Justice in Northern Ireland”. (h) The William Keown Trust Newsletter – December 2005, enclosed.

The meeting concluded at 12 midnight.

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed

______(Chairman)

______(Date)