MAGHERAFELT DISTRICT COUNCIL
Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 26 March 2013. The meeting commenced at 7.30 pm.
Presiding: P McLean
Other Members Present: Mrs C Elattar J Campbell T J Catherwood J Crawford Mrs E A Forde J F Kerr (joined the meeting at 7.52 pm) Miss K A Lagan Mrs K A McEldowney B McGuigan J J McPeake I P Milne Ms D Nί Shiadhail Miss C M Scullion G C Shiels
Officers Present: J A McLaughlin (Chief Executive) A Cassells (Director of Operations) Mrs A M Campbell (Director of Policy and Development) W J Glendinning (Director of Building Control) M Young (Director of Environmental Health) Mrs A Junkin (Chief Executive’s Secretary)
Representatives from Other Bodies:
CWSAN Mr Gerry Lynch Mr Conor Corr
1 Apologies
There were no apologies.
2 Minutes
2.1 It was
Proposed by Councillor J Campbell Seconded by Councillor B McGuigan, and
Resolved: that the Minutes of Meeting of the Council held on Tuesday, 26 February 2013 (copy previously circulated to each Member) be taken as read and signed as correct.
2.2 It was
Proposed by Councillor Mrs E A Forde Seconded by Councillor J J McPeake, and
Resolved: that the Minutes of a Special Meeting of the Council held on Tuesday, 26 February 2013 (copy previously circulated to each Member) be taken as read and signed as correct.
2.3 It was
Proposed by Councillor Mrs E A Forde Seconded by Councillor I P Milne, and
Resolved: that the Minutes of a Special Meeting of the Council held on Tuesday, 29 January 2013 (copy previously circulated to each Member) be taken as read and signed as correct.
3 Matters Arising from Previous Meeting
There were no matters arising.
3.1 The Chief Executive advised Members that they had all been invited to a Foster Care Information Evening in Magherafelt Parish Centre (copy of invitation circulated to each Member).
Noted.
3.2 The Chief Executive advised Members that he had received a letter from Mr Gerry Hogg, Western Area Planning Manager advising that he was retiring from the Department of the Environment on 31 March 2013. His successor would be Dr Chris Boomer (copy circulated to each Member).
Noted.
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4 Declarations of Interest
There were no declarations of interest.
4.1 Councillor J J McPeake referred to a funding request from Cookstown Western Shores which would be considered later in the meeting and requested that someone from CWSAN attend this meeting to answer the officers’ queries and discuss the matters raised on pages 56 and 57 of the Council pack.
Accordingly it was
Proposed by Councillor J J McPeake Seconded by Councillor B McGuigan, and
Resolved: that CWSAN be contacted immediately requesting a representative to attend the meeting to discuss the matters outlined in the Policy and Development Department’s report.
5 Operational Services Department
Mr Andrew Cassells, Director of Operations submitted the Operations Report for the months of February 2013 (copy previously circulated to each Member).
5.1 Mr Cassells gave a detailed presentation of his report, and where appropriate sought the Council’s opinion/approval/permission regarding a number of specific proposals/recommendations contained in the report. In respect of these items the following resolutions were agreed by Council.
5.2 Operational Services: Items for Information
5.2.1 Car Parking at Greenvale Leisure Centre
A short discussion took place in relation to the issue of car parking in and around the Greenvale Leisure Centre following which it was agreed that on-street parking was a matter for the PSNI in terms of enforcement particular where traffic regulations were being breached and where vehicles were causing an obstruction. Internally, particularly with regards to the front cart park the Council had reduced the incidents of in considerate parking through the placing of concrete flower planters to protect pedestrian crossing points and vulnerable paved areas. It was further agree that the matter would be referred to the next Police and Community Safety Partnership meeting.
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5.3 Adoption of the Report
It was
Proposed by Councillor Miss K A Lagan Seconded by Councillor J Crawford, and
Resolved : That, in addition to the above items, the section of the Director’s report marked “Items for Information” was noted.
5.4 Items for Decision
5.4.1 Technical Services: Ulster in Bloom
It was
Proposed by Councillor Mrs E A Forde Seconded by Councillor T J Catherwood, and
Resolved : That, the Council would enter Tobermore in the forthcoming Ulster in Bloom competition.
The Director of Operations sought the Chairman’s permission to introduce an additional item.
The Chairman granted the permission sought.
5.4.2 Technical Services: Bi-Lingual Street/Road Nameplates: Request for Survey
It was
Proposed by Councillor B McGuigan Seconded by Councillor Mrs C Elattar, and
Resolved : That the Council would carry out a survey of the residents living in Moorside Villas and Longfield Lane near Desertmartin with respect to the erection of bilingual street/road nameplates at these locations.
6 Policy and Development Department
Mrs Anne-Marie Campbell, Director of Policy and Development submitted the Policy and Development report for the month of March 2013 (copy previously circulated to each member).
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6.1 Development Services
6.1.1 Events and Festivals Grants Program 2013 - 14
Following discussion it was
Proposed by Councillor J F Kerr Seconded by Councillor I P Milne, and
Resolved: that applications for events and festivals grants would be considered eligible from charities. However, the objectives for running the event must still be scored against the normal criteria. The grant must not be used as funds for the charity, but a grant that enables them to run an event. It was also agreed that the funding requested in each grant application would make up no more than 50% of the overall event budget.
6.1.2 Lease between Department of Culture, Arts and Leisure and Magherafelt District Council for boat house and garages at Traad
Following discussion it was
Proposed by Councillor Ms D Nί Shaidhail Seconded by Councillor Mrs E A Forde, and
Resolved: that Council lease the boat house and garages at Traad to DCAL for 10 years at a cost of £1,000 per year.
6.2 Economic Development
6.2.1 Magherafelt Town Centre Public Realm Strategy
Following discussion it was
Proposed by Councillor J J McPeake Seconded by Councillor J Campbell, and
Resolved: that the consultants who developed the economic appraisal and public realm strategy be asked to make a presentation to Council on the Economic appraisal and its recommendations.
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6.3 Community Engagement
6.3.1 Agewell
Following discussion it was
Proposed by Councillor J F Kerr Seconded by Councillor Miss K A Lagan, and
Resolved: that the Chief Executive ask the Chief Executives of the Cookstown and Dungannon Councils about the request made to Council from Agewell about financial contributions to the Agewell project.
6.4 Good Relations
6.4.1 Castledawson Primary Schools request £1000 funding
Following discussion it was
Proposed by Councillor J J McPeake Seconded by Councillor J F Kerr, and
Resolved: that Council provide £1,000 funding for the Castledawson Primary Schools to hire the Moyola Park Golf Course for a huge fundraising day for Good Relations projects.
6.4.2 Capital Sports Grants
Following discussion it was
Proposed by Councillor J J McPeake Seconded by Councillor I P Milne, and
Resolved: that the maximum that can be applied for per capital sports grant is increased to £6,500.
6.5 Policy
Suspension of Standing Orders
It was
Proposed by Councillor J J McPeake Seconded by Councillor I P Milne, and
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Resolved: that Standing Orders be set aside in order to allow representatives from CSWAN to address the Council and respond to questions raised on its request for funding.
Resumption under Standing Orders
It was
Proposed by Councillor J J McPeake Seconded by Councillor I P Milne, and
Resolved: that proceedings resume under Standing Orders.
6.5.1 Request for funding – Cookstown Western Shores
It was
Proposed by Councillor Seconded by Councillor
Resolved: that this item was taken “In Committee.
6.5.2 Maghera Community Forum
Following discussion it was
Proposed by Councillor J Campbell Seconded by Councillor Mrs E A Forde, and
Resolved: that Council officers provide support to the Maghera Community Forum in taking forward the development of Maghera.
6.5.3 Rural Development Programme
Following discussion it was
Proposed by Councillor J Campbell Seconded by Councillor J F Kerr, and
Resolved: that each of the parties further consider if SWARD should over commit by 10% on the new strategic projects and issue letters of offer to these three projects. It was agreed that the Chief Executive would contact the party leaders next week to agree the way forward.
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6.6 Following discussion it was
Proposed by Councillor J F Kerr Seconded by Councillor Mrs E A Forde, and
Resolved: that the report for the Policy and Development Department as presented be approved.
7 New Dog Breeding Establishments Regulations and New Guard Dog Regulations
Submitted letter from the Department of Agriculture and Rural Development advising that from 1 April 2013 two new pieces of subordinate legislation would come into force. The Welfare of Animals (Dog Breeding Establishments and Miscellaneous Amendments) Regulations (NI) 2013 would apply to commercial dog breeding establishments. The minimum fee that can be charged is £150 for up to and including ten bitches. The second piece of legislation was the Dogs (Guard Dog Kennels) Regulations (NI) 2013 which the Department was required to remake separately under the Dogs (NI) Order 1983 because it was not legislatively acceptable. There was no change in the existing requirements pertaining to their registration and operation (copy previously circulated to each Member).
Noted.
8 Abolition of the Northern Ireland Housing Executive (NIHE)
Submitted a letter from the Northern Ireland Public Service Alliance (NIPSA) wishing to engage with the Council on the announcement by Nelson McCausland MLA, Minister for Social Development, proposing to abolish the NIHE and replace it with a Regional Housing Body and a separate landlord function(s) outside of the public sector. The Minister had also proposed the abolition of the Housing Council (copy previously circulated to each Member).
Following discussion it was agreed on the proposal of Councillor J J McPeake that NIPSA be invited to make a presentation to Council.
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9 Introduction of the Tenancy Deposit Schemes in Northern Ireland and the Impact on Councils
Submitted letter from the Department of Social Development stating that The Tenancy Deposits Schemes Regulations came into operation on 1 November 2012 and advising of the tenancy deposit schemes being introduced in Northern Ireland form 1 April 2013 (copy circulated to each Member).
Mr Morris Young, Director of Environmental Health stated that he would be reporting on this matter at the next Council meeting.
10. Planning
Consideration was given to the following letters from the Department of the Environment.
10.1 Letter advising the Council that the Department had received additional information on an amended proposal for the erection of a single 500KW Wind Turbine with an overall height of 60m approximately at Mountain Road, Owenreagh, approximately 800m South South-East of 144 Sixtowns Road, Draperstown and seeking comments by 29 March 2013 (details previously circulated to each Member).
10.1.1 Following discussion it was agreed that the Council’s comments should be that the application be refused.
10.2 Submitted an amended planting plan received in connection with the demolition of the existing filling station at 40 Ballyronan Road, Magherafelt seeking comments by 26 February 2013 (copy previously circulated to each Member).
10.2.1 The Department suggested if the Council had concerns the Members might find it helpful to discuss the proposal directly with the applicant.
10.2.2 Members referred to a recent letter of request from CORBO Properties to make a second presentation to Council, and felt this should be organised as soon as possible.
11 Special Council Meetings
Following discussion it was agreed that a Special Council Meeting be arranged for Thursday, 11 April 2013 at 6.00 pm to receive presentations from CORBO Properties, City Industrial Waste and the North West Region Waste Management Group on the North West Waste Infrastructure Project – Appointment Business Plan and Final Tender Report.
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11.1 It was further agreed that a hot buffet meal would be made available to Members prior to the commencement of the meeting.
12 Payment of Accounts
12.1 Submitted Statement of Expenditure setting out payments to be authorised by the Council on the fourth Tuesday in March 2013 (copy circulated to each Member). The statement made provision for £242,272.46 out of the Revenue Account and £nil out of the Capital Account.
12.2 It was
Proposed by Councillor B McGuigan Seconded by Councillor T J Catherwood
Resolved: to approve the Statement of Accounts as submitted for the fourth Tuesday in March 2013.
13 Subscriptions
13.1 Fort Centre Riding for the Disabled
Submitted letter of application from Fort Centre Riding for the Disabled, Maghera seeking a contribution towards the running costs of the centre (copy previously circulated to each Member).
13.1.1 Following discussion it was agreed that an application for funding be forwarded to Fort Riding Centre requesting its completion before consideration of a contribution.
13.2 Submitted a further request from Northern Ireland Blood Transfusion Service requesting that the Council continues to subsidise the use of Maghera Leisure Centre for blood donation sessions by a donation of £1,500 (copy circulated to each Member).
13.3 Following consideration it was
Proposed by Councillor J F Kerr Seconded by Councillor Mrs E A Forde, and
Resolved: that the Council make a contribution of £1,500 to Northern Ireland Blood Transfusion Service to subsidize the use of Maghera Leisure Centre for blood donation sessions.
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14 Conferences and Courses
Submitted an Advanced Notice of the Cancer Focus ManAlive Conference to be held on Wednesday, 5 June 2013 in the Adair Suite, Glenavon Hotel, Cookstown. The conference would focus on the Male Journey through the Cancer Experience (copy circulated to each Member).
Noted.
15 Consultation Documents
Consideration was given to the following documents –
15.1 Consultation on Safeguards to Protect Individual Decisions on the Granting of Civil Legal Aid published by the Department of Justice seeking comments by Wednesday, 22 May 2013.
15.2 Public Consultation on Proposals for a Justice Bill (Northern Ireland) 2013 published by the Department of Justice seeking comments by 31 May 2013.
15.3 Consultation on Proposals for the Use of Live Links in weekend Courts published by the Department of Justice and seeking comments by Monday, 3 June 2013.
15.4 It was agreed that if any Member or Party Grouping wished to comment on any of the documents they should forward their comments to the Chief Executive who would arrange to have them forwarded to the Government Department or body concerned.
16 Roads Service
Submitted a letter from Roads Service proposing to carry out an Abandonment at A6 Glenshane Road, off Ranaghan lay-by seeking Council comments (copy previously circulated to each Member).
16.1 Members agreed not to comment.
16.2 Prohibition or Restriction of Use of Public Roads – Special Events
Submitted an e-mail form the Head of Engineering, Policy and Parking Services, Department of Rural Development confirming, that in response to a request from SOLACE, the Department intended to defer the commencement of those parts of the Roads (Miscellaneous Provisions) Act (Northern Ireland) 2010 relevant to the holding of special events on roads.
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The Council would be advised in due course of the revised date.
Noted.
Resolution to Proceed “In Committee”
It was
Proposed by Councillor J F Kerr Seconded by Councillor J Crawford, and
Resolved: that the Council proceeds “In Committee”.
Council “In Committee”
17 Staff Matters
The Chief Executive advised that there were no staff matters.
18 Legal Matters
This item was taken “In Committee”.
Proceedings to Proceed in “Open Council”
It was
Proposed by Councillor J F Kerr Seconded by Councillor J Crawford, and
Resolved: that proceedings be resumed in “Open Council”
Proceedings in “Open Council”
It was
Proposed by Councillor J F Kerr Seconded by Councillor J Crawford; and
Resolved: that the foregoing proceedings of the Council “In Committee” be and they are hereby approved and adopted.
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19 Sealing of Documents
The Seal of the Council is hereby affixed to the following documents -
19.1 Grant of Right of Burial to Mr David Hodgen of 6 Mount Royal, Magherafelt BT45 5TR , son of Mrs Mary Doreen Hodgen (deceased) – Plot A144.
19.2 Grant of Right of Burial to Mr Mervyn Wilson of 46c Glenmaquill Road, Magherafelt BT45 8RA, son of Mrs Harriet Wilson (deceased) – Plots A145 & A146.
20 Congratulations
The Council congratulated Mrs Melissa O’Boyle (Receptionist) on the birth of a baby daughter and agreed that a message of congratulations be sent to her.
21 Items for Information
Minutes of the Sixty-sixth and Sixty-seventh meetings of the Northern Health and Social Care Trust Board held on Thursday 20 December 2012 and Thursday, 24 January 2013.
The meeting concluded at 9.40 pm.
Chief Executive
The foregoing Minutes are hereby Confirmed.
______(Chairperson)
______(Date)
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