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MAGHERAFELT DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of District Council held in the Council Chamber, 50 Road, Magherafelt on Tuesday, 12 August 2014. The meeting commenced at 7.30 pm.

Presiding: Mrs K A McEldowney

Other Members Present: J Campbell P J Bateson T J Catherwood J Crawford Mrs C Elattar (joined the meeting at 7.35 pm) Mrs E A Forde M G Kearney G T McFalone J J McPeake Mrs C M O’Neill G C Shiels Mrs P L Smith D O Totten

Officers Present: J A McLaughlin (Chief Executive) W J Glendinning (Director of Building Control) M Young (Director of Environmental Health) A Cassells (Director of Operations) Mrs Anne-Marie Campbell (Director of Policy and Development) Mrs A Junkin (Chief Executive’s Secretary)

Representatives from Other Bodies in Attendance:

Ms E Armour – Item 8 Mrs G Beattie – Item 8 Mr R A Montgomery – Item 8 Mr E Hassan – Item 8

DoE Planning Service - Ms Karen Doyle – Planning Officer

1 Apologies

B McGuigan and P McLean

2 Minutes

2.1 It was

Proposed by Councillor Mrs E A Forde Seconded by Councillor Mrs P L Smith, and

Resolved: that the Minutes of the Annual Meeting of the Council held on Tuesday, 10 June 2014 (copy previously circulated to each Member) be taken as read and signed as correct.

2.2 It was

Proposed by Councillor T J Catherwood Seconded by Councillor M G Kearney, and

Resolved: that the Minutes of Meeting of the Council held on Tuesday, 10 June 2014 (copy previously circulated to each Member) be taken as read and signed as correct.

3 Matters Arising Out of the Minutes

3.1 The Chief Executive advised that there were no matters arising.

3.2 Appointment of Councillor Member to the North Eastern Education and Library Board The Chief Executive advised that Councillor Mrs Patricia Smith had been appointed to the North Eastern Education and Library Board with effect from 28 June 2014 until 31 March 2015.

Noted.

3.3 Letters of thanks were received from Cancer Research Committee for the Council’s donation to their ‘Big Breakfast’ event; Children with Cancer UK for the Council’s contribution towards their work sent in response to Philip Schofield’s Summer Grand Draw 2014; and Rescue for the Council’s 2013/14 annual contribution.

Noted.

3.4 Submitted a letter of thanks from Hannah Ferguson, family and friends for the Civic Reception to mark her success of All-Ireland Scόr Sinsir Solo Singing Champion 2014.

Noted.

4 Suspension of Standing Orders

4.1 Councillor Mrs E A Forde requested that Standing Orders be set aside in order to consider the recent flooding in Magherafelt and the alerting of the emergency services.

4.1.1 It was

Proposed by Councillor Mrs E A Forde Seconded by Councillor G C Shiels, and

Resolved: that Standing Orders be set aside.

5 Recent Flooding in Magherafelt

5.1 Councillor Mrs E A Forde said that there had been problems with the emergency plan in that all the Emergency Agencies had not responded to the recent flooding in Magherafelt. She went on to state that homes in Sandy Braes had been severely flooded and whilst they had no complaints about either the service provided by the Council or the Fire Service they wanted to know about the Rivers Agency and Roads Service and why they had not been notified. She asked what were the Council’s views on the implementation of the plan.

5.2 The Director of Operations explained that Mr Patsy McGlone MLA had contacted him regarding the flooding at Sandy Braes. He then travelled to Magherafelt where he liaised with relevant agencies ensuring that sandbags were issued as required to those affected.

5.3 The Director of Environmental Health advised that his department were out early the next morning visiting homes affected and helping them to complete claim payments of £1,000 for hardship payments under the scheme of Emergency Financial Assistance and by Thursday the first of the payments had been made.

5.4 It was further pointed out that there were no PSNI on site.

5.5 Mr Cassells stated that what happened was, there had been a sudden downpour of rain and that the drainage system could not cope with the heavy deluge of water. However the volume of water had reduced within a couple of hours and the situation changed quickly. He stated that Rivers Agency had removed a culvert behind the bus station which had brought down the water levels.

5.6 Councillor Mrs Forde further enquired where the responsibility lay with the emergency plan and the protocol relating to the notifying of agencies.

5.7 Mr Young explained that there was a flooding incident emergency line and referrals were made to the appropriate drainage agency. The Council’s role would be to liaise with the Drainage Agency and support if requested, possibility set-up an emergency support centre if appropriate, assess the hardship payments, advise on hygiene issues and refer to other agencies as necessary.

5.8 Councillor G C Shiels congratulated the Council staff involved.

5.9 Councillor M G Kearney also commended the staff on their very quick response and the follow-up action.

5.10 Councillor Mrs Forde stated that whilst there were no problems with the Council or Fire Service’s response there were issues with Rivers Agency and the emergency measures for flooding needed to be looked at.

5.11 The Chief Executive advised that no blame could be directed at the Rivers Agency. All of the agencies had reacted quickly to the situation and the fact was that the drainage system could not cope with the sheer volume of water which fell within a very short time. The Rivers Agency was not to blame as the gullies had not been blocked.

6 Resumption under Standing Orders

It was

Proposed by Councillor Mrs E A Forde Seconded by Councillor D O Totten, and

Resolved: that the meeting resume under Standing Orders.

7 Declarations of Interest

Councillor Mrs P L Smith declared an interest in The Poetry House, .

Noted.

8 Application for the Renewal of an Entertainment Licence – McKinney Memorial Hall,

8.1 Resolution to Proceed “In Committee”

It was

Proposed by Councillor G T McFalone Seconded by Councillor Mrs C M O’Neill, and

Resolved: that this item be taken “In Committee”

Council “In Committee”

This item was taken “In Committee”.

Proceedings to Proceed in “Open Council”

It was

Proposed by Councillor J J McPeake Seconded by Councillor Mrs E A Forde, and

Resolved: that proceedings be resumed in “Open Council”

Proceedings in “Open Council”

It was

Proposed by Councillor J J McPeake Seconded by Councillor Mrs E A Forde, and

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

9 Planning 185/08/2014

9.1 The Planning Officer advised that Planning NI were having problems with the internet at present and as such the acceptance of any letters of submission regarding current applications would be extended until Friday, 15 August 2014.

Noted.

9.2 New Planning Applications:

H/2010/0489/F – DMD Developments Ltd Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were nine letters of objection to this application.

H/2013/0243/F – DRD Roads Service (Northern Division) Deferred for an office meeting for objectors on the request of Councillor Mrs E A Forde. Councillor Mrs Forde to attend the meeting. The Planning Officer advised that there were thirteen letters of objection to this application.

H/2013/0454/F – Mr G Powles Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there was one letter of objection to this application.

H/2014/0034/F – Mr John Donnelly Deferred for an office meeting for objectors on the request of Councillor Mrs E A Forde. Councillor Mrs Forde to attend the meeting. Councillor J J McPeake requested that if there was no new material brought forward at this office meeting and the decision remained unchanged that the opinion to approve be issued without coming back to Council.

This was agreed by Council. The Planning Officer advised that there were four letters of objection to this application.

H/2014/0042/F – Magherafelt District Council Approval. The Council agreed to the issued of the approval. The Planning Officer advised that there was one letter of objection to this application.

H/2014/0060/F – P McIlvor Ltd Approval. The Council agreed to the issue of the approval.

H/2014/0086/F – Mr Stephen Duffin Deferred for an office meeting on the request of Councillor J J McPeake. Councillor McPeake handed a letter of submission to the Planning Officer – Criterion 5. Councillors J J McPeake to attend the meeting. The Planning Officer advised that there were four letters of objection.

H/2014/0099/F – SDC Trailers Ltd Approval. The Council agreed to the issue of the approval.

H/2014/0118/O – Mrs Jean Steele Deferred for an office meeting on the request of Councillor M G Kearney. Councillor Kearney handed a letter of submission to the Planning Officer – Criterion 5; Councillor Kearney to attend the meeting.

H/2014/0151/O – Mr Brendan McCullagh Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there was one letter of objection to this application.

H/2014/0152/F – Mr Devlin Deferred for an office meeting on the request of Councillor P J Bateson. Councillor Bateson handed a letter of submission to the Planning Officer – Criterion 5; Councillor Bateson to attend the meeting.

H/2014/0155/F – Mr Tom Scullion Deferred for an office meeting on the request of Councillor G C Shiels. Councillor Shiels handed a letter of submission to the Planning Officer – Criterion 5; Councillors Shiels and J Crawford to attend the meeting.

H/2014/0157/F – Board of Governors of Rainey Endowed Grammar School Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there was one letter of objection and one letter of support for this application.

H/2014/0158/O – Mr & Mrs M Doyle Deferred for an office meeting on the request of Councillor J J McPeake. Councillor McPeake handed a letter of submission to the Planning Officer – Criterion 5 Councillor McPeake to attend the meeting.

H/2014/0171/O – Mr Deaglan O’Reilly Deferred for an office meeting on the request of Councillor Mrs P L Smith. Councillor Mrs Smith handed a letter of submission to the Planning Officer – Criterion 5. Councillor Mrs Smith to attend the meeting.

H/2014/0174/O – Mr Robert Graham Deferred for an office meeting on the request of Councillor G T McFalone. A letter of submission was handed to the Planning Officer – Criterion 5; Councillor McFalone to attend the meeting.

H/2014/0234/F – Naiscol Mhachaire Ratha Approval. The Council agreed to the issue of the approval.

9.2.1 Applications Deferred from Previous Meeting:

H/2013/0090/F – Danske Bank Refusal. The Council agreed to the issue of the refusal.

H/2013/0238/O – Malachy Scullion Refusal. The Council agreed to the issue of the refusal.

H/2013/0393/F – Mr & Mrs M McEldowney Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there was one letter of objection to this application.

H/2013/0417/F – Mr John Donnelly Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were two letters of objection to this application.

H/2013/0459/O – Frances Taylor Refusal. The Council agreed to the issue of the refusal The Planning Officer advised that there were eight letters of objection to this application.

H/2013/0460/O– Frances Taylor Refusal. The Council agreed to the issue of the refusal.

H/2013/0483/F – Mr & Mrs Duffy Deferred to allow for a meeting to take place with an MLA and the Planning Area Manager.

H/2014/0015/F – Mr & Mrs D Beattie Approval. The Council agreed to the issue of the approval.

9.2.2 It was

Proposed by Councillor G C Shiels Seconded by Councillor J J McPeake, and

Resolved: to adopt the Planning Schedule dated 12 August 2014 subject to the above conditions and amendments and the schedule circulated in July 2014.

9.3 Submitted schedules of Streamlined Planning Application decisions issued from 1 May to 30 June 2014 (copies previously circulated to each Member).

Noted.

9.4 Extension of Scope of Streamlined Process

9.4.1 The Planning Officer advised that the Department of Enterprise, Trade and Investment would be submitting planning applications for telecommunications apparatus across in areas where existing mobile coverage was not available called “not spots”. The infrastructure would be to cover identified “not spots” throughout Northern Ireland, mainly in sparsely populated rural areas and adjacent to the trunk roads network. They would be future proofed to provide 3g/4g mobile internet.

9.4.2 The Department of the Environment Planning Service had been asked to deal with these applications as quickly as possible and as such sought the Council’s agreement to include these applications within the streamlined process.

9.4.3 Ms Doyle reminded the Council that the streamlined process allowed the Department of the Environment to consult with the Council at an early stage with certain types of development. Provided that no objections were received and the proposal was recommended as an approval, then a decision would be issued following a consultation period. If any objections were received or a Councillor made representations to have the application removed from the streamlined list, or the application was recommended as a refusal, the application would be removed from the streamlined process and would be presented to the Council on the monthly schedule, prior to any decision being issued.

9.4.4 The Department now requested that the Council consider extending the scope of the streamlined process and its views were sought on agreeing to this matter.

9.4.5 Councillor Mrs C Elattar said that by streamlining mobile coverage applications there would be no provision for consultation with the Council or the local community.

9.4.6 Councillor J J McPeake referred to applications for wind turbines which were quite contentious in some parts of the district and felt that the current process should continue and that such applications should not be streamlined.

9.4.7 Councillor J Campbell pointed out that if there were objections to an application on the streamlined list then it would come of that list and appear on the Council’s schedule for consultation.

9.4.8 Councillor Mrs Elattar spoke of some contentious issues and stated that whilst funding came from Europe of masts, “not spots” and hubs identified, Newry and Mourne District Council had found this all a huge issue and had its own ideas of involving the community and not a ‘carte blanche’ approach.

9.4.9 Councillor G C Shiels said that he was always concerned about to the streamlining process and he was opposed to the broadening of it as it did not fulfil the consultation process.

9.4.10 It was

Proposed by Councillor J J McPeake Seconded by Councillor Mrs C Elattar, and

Resolved: that Council does not agree to extend the cope of the streamlining process for planning applications for telecommunications apparatus in the Magherafelt District Council area.

9.5 Planning Application H/2009/0264/O William Clark & Sons Ltd,

9.5.1 Submitted details of Planning Application H/2009/0264/O in the name of William Clark & Sons Ltd, Upperlands, Maghera for the demolition of unlisted buildings to facilitate the heritage led regeneration (restoration and retention of listed mill buildings) of the former William Clark and Sons Linen Mill complex incorporating: residential development, leisure and recreational uses, community facilities including museum/exhibition space and other associated site works (amended proposal description, new and revised drawings and other supporting information).

9.5.2 The Chief Executive advised that the Council as a Consultee, was being asked to respond to the planning application, and any comments made would be taken into account by the Planning Officer and the Development Management Group in forming an opinion on the application (copy of application, drawings, etc previously circulated to each Member).

9.5.3 Following discussion it was agreed that the Council’s response would be that the Council had no views to offer and trusted that the Planning Officer would take this on board.

The Planning Officer retired from the meeting at 8.30 pm.

10 Building Control Department 210/08/2014

The Director of Building Control presented the Department’s report for the period 1 June to 31 July 2014 (copy previously circulated to each Member).

10.1 During this period 1 June to 31 July 2014 forty-nine applications had been recommended for approval. A total of seventy-two applications required amending by Architects and Agents before granting approval.

10.2 Applications for Notices and Regularisations

During the period from 1 June to 31 July 2014 there were five Regularisations and fifty-one Notices issues. The notices were mainly for replacement boilers.

10.3 Building Regulations Inspections

During the period from 1 May 2014 to 30 June 2014 twenty-five new postal number and postcodes were issued for private dwellings.

10.4 Granting of Extension of Time and Cancellation of Time Lapsed Approvals

During the period from 1 June 2014 to 31 July 2014 nine applications were cancelled having gone beyond the four year expiry date and not having commenced on site.

There were no extensions of time applied for during this period.

10.5 Annual Re-Licensing Applications

During the period of this report thirteen re-licensing inspections had been carried out.

10.6 Entertainment Licensing

Mr Glendinning reported that during the period of this report nine Entertainment Licensing inspections had been carried out.

10.7 Property Certificates

There were one hundred Property Certificates issued during this period.

10.8 It was

Proposed by Councillor T J Catherwood Seconded by Councillor J J McPeake, and

Resolved: that the report as submitted be adopted.

11 Naming and Numbering of Streets

Consideration was given to the naming and numbering of a housing development at Sixtowns Road, for Michael Boyle. The names suggested by the developer were –

• Crockmore • The Paddock • Moyheeland

11.1 Following discussion, it was

Proposed by Councillor Mrs C Elattar Seconded by Councillor J J McPeake, and

Resolved: that the housing development at Sixtowns Road, Draperstown be named “Crockmore”.

12 Licences and Registrations

12.1 Entertainment Licences

Submitted the following applications for Entertainments Licences which were in order and recommended for renewal:-

EL37/14 Ardtara Country House, 8 Gorteade Road, Upperlands BT46 5SA – Mrs Valerie Ferson

EL53/14 An Coire, 132 Tirkane Road, Maghera BT46 5NH – Carntogher Community Association

EL64/14 The Bridewell, 6 Church Street, Magherafelt BT45 6AN – Magherafelt District Council

EL70/14 The INN, 47 Main Street, Magherafelt BT45 8AA – Mr John Henry Atkinson

EL95/14 The Cornstore, Cornstore Youth Centre, 20A High Street, Draperstown BT45 7AB –

EL134/14 Bryson’s Bar and Restaurant, 28 Union Road, Magherafelt BT45 5DF – Mr Niall Peter Bryson

EL141/14 Meadowbank Recreation Centre, 45 Ballyronan Road, Magherafelt BT45 6EH – Magherafelt District Council

EL144/14 Greenvale Leisure Centre, Greenvale Park, Magherafelt BT45 6DR – Magherafelt District Council

EL149/14 House, 61 Ballysculliion Road, Bellaghy BT45 8NA

12.1.1 It was

Proposed by Councillor J J McPeake Seconded by Councillor Mrs C Elattar, and

Resolved: to grant the renewal of the Entertainments Licences, as submitted.

12.2 Petroleum Licences

12.2.1 Submitted the following applications for Petroleum Licences which were in order and recommended for renewal:

PL03/14 McNicholls Service Station, 40 Ballyronan Road, Magherafelt BT45 6EH – Mr Brian McNicholl

PL06/14 Highfield Service Station, 55 Road, Magherafelt BT45 6HF – Mr Kenny Bradley

PL11/14 F P Bradley, 57 Tobermore Road, BT45 5LE – Mr Hugh Bradley

PL37/14 Heron Bros Ltd., 2 St Patrick’s Street, Draperstown BT45 7AL – Heron Bros Ltd

PL45/14 Weir’s Filling Station, 71 Clady Road, BT44 8LA – Mr Jarvis Weir

PL74/14 Diamond Service Station, 14 The Square, Draperstown BT45 7AE – Mr Aidan McAuley

PL75/14 H Stockman & Sons, 10 Maghera Road, Tobermore BT45 5QB – Mr Hugh Marshall

PL93/14 Magherafelt PSNI Station, 45=47 Meeting Street, Magherafelt BT45 6BW – Transport Services Branch PSNI

PL100/14 The Oakleaf Restaurant, 31 Glenshane Road, Maghera BT46 5JZ – Mr James Molloy

12.2.2 It was

Proposed by Councillor G T McFalone Seconded by Councillor Mrs E A Forde, and

Resolved: to grant the Petroleum Licences as submitted.

12.3 Temporary Place for Marriages – Marriage (NI) Order 2003

Submitted a place approval application from

CM0002/14 Ardtara Country House, 8 Gorteade Road, Upperlands BT46 5SA – Mrs Valerie Ferson/Nicola Campbell

to be approved as a venue for Civil Marriage Ceremonies.

The Chief Executive stated that the appropriate documentation and fee had been received and the premises were considered to be satisfactory. 12.3.1 It was

Proposed by Councillor Mrs P L Smith Seconded by Councillor G T McFalone, and

Resolved: that Ardtara Country House be approved as a temporary place used for the solemnisation of Marriages under the Provision of Marriage (NI) Order 2003 up to the 30 November 2014.

12.4 Licensing Northern Ireland Order 1996

12.4.1 Notice for Application for an Occasional Licence

Submitted Notices of Applications for Occasional Licences under the Licensing Northern Ireland Order 1996 for information:-

1 McAuley’s Bar, 51 St Patrick’s Street, Draperstown – Tirgan Community Association, Tirgan Community hall, 36 Tirgan Road, Moneymore for a function on 23 August 2014 2 Joe Gormley, Main Street, Maghera – Fallaghloon AOH Hall, Glenshane Road, Maghera for functions on 22 August 2014 and 17 October 2014 3 Kevin McLaughlin, 46 Road, Portglenone – Greenlough GAA, 232 Mayogall Road, Clady for a function on 24 August 2014

Noted

12.4.2 Notice of Application for the Transfer of a Licence

Submitted Notice of Application for the Transfer of a Licence under the Licensing Northern Ireland Order 1996 for information

1 The Premier Bar, 11 Main Street, Maghera owned by Robert J Jamieson, 51 Macknagh Road, Upperlands to be transferred to William J Campbell, 10 Rowan Glynn, Maghera

Noted.

12.4.3 Notice of Application for Additional Permitted Hours

Dormans, 17 Queen Street, Magherafelt – H & T McGlone

Noted.

12.4.4 Notice of Grant of Liquor Licence

The Inn, 47 Main Street, – John H Atkinson

Noted.

13 Environmental Health Department 196/08/2014

Mr M Young, Director of Environmental Health submitted the report for the months of June and July 2014 (copy previously circulated to each Member).

13.1 Clean Neighbourhoods and Environment Act (N.I.) 2011

It was

Proposed by Councillor J J McPeake Seconded by Councillor G T McFalone, and

Resolved: that Council endorse the service of a notice, under Article 65(1) of the Clean Neighbourhoods and Environment Act (N.I.) 2011, on the occupier of 22 Tulach Way, Magherafelt in respect of noise nuisance at 20 Tulach Way, Magherafelt.

13.1.1 It was

Proposed by Councillor J Crawford Seconded by Councillor Mrs E A Forde, and

Resolved: that Council adopt the remainder of the report which was for information.

13.2 Affordable Warmth Scheme – Service Level Agreement

Mr Young outlined the provisions of a Service Level Agreement with the Department of Social Development regarding the operation of the affordable warmth scheme from 1 September 2014 to 31 March 2017 (copy previously circulated to each Member).

13.2.1 It was

Proposed by Councillor J J McPeake Seconded by Councillor G T McFalone, and

Resolved: That Council adopt the Service Level Agreement regarding the affordable warmth scheme.

14 Policy and Development Department

Mrs Anne-Marie Campbell, Director of Policy and Development submitted the Policy and Development report (copy previously circulated to each member).

14.1 Good Relations

14.1.1 International Dance and Music Festival

It was

Proposed by Councillor M G Kearney Seconded by Councillor D O Totten, and

Resolved: that Council award Maghera Community Forum financial assistance towards the International Dance and Music Festival of £3,025.00.

14.1.2 Race Against Multiple Sclerosis (R.A.M.S.)

It was

Proposed by Councillor J J McPeake Seconded by Councillor G T McFalone, and

Resolved: that Council award R.A.M.S. £1,000 towards the work carried out by the charity for the year 2014/15.

14.1.3 Marie Curie Cancer Care

It was

Proposed by Councillor G T McFalone Seconded by Councillor Mrs P L Smith, and

Resolved: that Council award Marie Curie Cancer Care £200.

14.1.4 Crohns and Colitis Society

It was

Proposed by Councillor D O Totten Seconded by Councillor Mrs C M O’Neill, and

Resolved: that Council award the Crohns and Colitis Society £200.

14.1.5 Saint Pius X College

Following discussion, it was

Proposed by Councillor J J McPeake Seconded by Councillor D O Totten, and

Resolved: that Council reject the request to support eighty of St Pius’ students stage the musical ‘Joseph and the Amazing Technicolor Dreamcoat’ in recognition of the college’s 50 th Anniversary, as it did not fall within the remit of the Council’s policy.

14.1.6 Colin Thom

Proposed by Councillor J J McPeake Seconded by Councillor G T McFalone, and

Resolved: that Council reject the request for support from Colm Thom, Tobermore towards travel costs to East Scotland to participate in the home international Celtic Challenge Horse Riding event on 13 August 2014, as the grant programme had closed.

14.2 : An Anniversary Celebration

Following discussion, it was

Proposed by Councillor Mrs C M O’Neill Seconded by Councillor G T McFalone, and

Resolved: that Council supports the Seamus Heaney: An Anniversary Celebration in Bellaghy at an estimated cost of £4,500.

14.3 Ballinascreen Group

It was

Proposed by Councillor J J McPeake Seconded by Councillor B McGuigan, and

Resolved : that Council provide funding of £5,000 to the Glόr na Speίrίnί Family Resource Centre for the items listed in their letter (copy circulated to each Member). It was agreed that the funding would be provided from the Irish Language budget.

14.4 It was

Proposed by Councillor Mrs E A Forde Seconded by Councillor J Campbell, and

Resolved: to adopt the report as submitted.

15 Payment of Accounts 08/2014

15.1 Submitted Statement of Expenditure setting out payments to be authorised (copy circulated to each Member). The statement made provision for £969,389.78 out of the Revenue Account and £nil out of the Capital Account.

15.1.1 Submitted Statement of Expenditure setting out payments made in July 2014 (copy circulated to each Member) requesting authorisation. The Statement made provision for £1,548,050.54 out of the Revenue Account and £nil out of the Capital Account.

15.1.2 It was

Proposed by Councillor J J McPeake Seconded by Councillor Mrs P L Smith, and

Resolved: to approve the Statement of Accounts as submitted.

15.2 Bank Mandates

15.2.1 The Chief Executive advised that the signatories on the following accounts required to be changed from Mr JJ Tohill (now employed by the District Council) to Mrs Florence Wilson:

Capital Account Revenue Account Petty Disbursements Account Wages & Salaries Account Election Account Oil Stamps Account

15.2.2 It was

Proposed by Councillor J J McPeake Seconded by Councillor J Crawford, and

Resolved: to approve the change in signatories to the above accounts to any two of the following – Mr John A McLaughlin, Mr Albert Hogg, or Mrs Florence Wilson with immediate effect.

15.2.3 Chairperson’s Account

It was

Proposed by Councillor J J McPeake Seconded by Councillor J Crawford, and

Resolved: to approve the change in signatures to the Chairperson’s Account to any one of the following – Mr John A McLaughlin, Mr Albert Hogg, Mrs Florence Wilson and the Chairperson, Councillor Mrs K A McEldowney with immediate effect.

15.2.4 Vice-Chairperson’s Account

It was

Proposed by Councillor J J McPeake Seconded by Councillor J Crawford, and

Resolved: to approve the change in signatures to the Vice Chairperson’s Account to any one of the following – Mr John A McLaughlin, Mr Albert Hogg, Mrs Florence Wilson and the Vice- Chairperson, Councillor J Campbell with immediate effect.

15.2.5 Credit Card and On Line Banking

It was

Proposed by Councillor J J McPeake Seconded by Councillor J Crawford, and

Resolved: to approve that Mr J J Tohill’s name be removed from the Council’s Credit Card and the Bank of Ireland Business on Line Banking and be replaced by Mrs Florence Wilson’s name with immediate effect.

16 Tenders

16.1 Maghera Community Walled Garden

The Chief Executive requested that this matter be deferred until the next Meeting of Council to be held on Tuesday, 26 August 2014 as a result of further information being required from the tenderers.

Members agreed.

16.2 Wicksteed Playscapes, Kettering, Northamptonshire

The Chief Executive sought approval in retrospect for the provision of play equipment and the installation of play areas in Magherafelt District Council - Tobermore, Bellaghy and Maghera, purchased in July 2014. He explained that the tender had been discussed and agreed at a Group Party Leaders’ Meeting held on 29 April, 2014. However, as the Council was in recess from the beginning of April to the end of May because of the Mid Ulster Council elections, officers had omitted to bring the matter to Council for approval.

Following discussion, it was

16.2.1 Proposed by Councillor Mrs E A Forde Seconded by Councillor G T McFalone, and

Resolved: to approve the tender from Wicksteed Playscopes, Digby Street, Kettering, Northamptonshire NN16 8YJ for the provision of play equipment and the installation of play areas in Tobermore, Maghera and Bellaghy in the sum of £128,000.

17 Conferences and Courses

Consideration was given to the nomination of delegates to attend –

17.1 Annual Northern Ireland Economic Conference 2014

to be held at the Culloden Hotel, on Tuesday, 7 October 2014 (details previously circulated to each Member).

17.1.1 It was agreed to leave nominations open.

18 Consultation Documents

Consideration was given to the following documents –

18.1 Letter and consultation on Proposals for New Water Legislation prepared by the Department of Regional Development seeking comments by 29 August 2014 (copies previously circulated to each Member).

18.2 Letter and consultation on The Marine Conservation (Fixed Monetary Penalties) Order (Northern Ireland) 2014 issued by the Department of the Environment Marine Division seeking comments by 5 September 2014 (copies previously circulated to each Member).

18.3 Letter and consultation on the Draft Environmental Liability (Prevention and Remediation) (Amendment) Regulations (Northern Ireland) 2015 published by the Department of the Environment, Environmental Policy Division seeking comments by 23 September 2014 (copies previously circulated to each Member).

18.4 Letter and consultation on the draft Water Framework Directive (Priority Substances and Classification) (Amendment) Regulations (Northern Ireland) 2014 issued by the Department of the Environment seeking comments by 29 September 2014 (copies previously circulated to each Member).

18.5 Letter and consultation on the Introduction of Statutory Registration Scheme for all Providers of Publicity funded Legal Services in Northern Ireland issued by the Department of Justice and seeking comments by 24 October 2014 (copies previously circulated to each Member).

18.6 Draft NILGA response to the DFP Consultation on Review of Public Administration – Managing Convergence of District Rates (copy previously circulated to each Member).

It was

Proposed by Councillor J J McPeake Seconded by Councillor Mrs C M O’Neill, and

Resolved: to endorse NILGA’s response to the DFP Consultation on Review of Public Administration – Managing Convergence of District Rates.

18.7 Proposed Council response to the current Consultation on PEACE IV Programmes (copy previously circulated to each Member).

It was

Proposed by Councillor J J McPeake Seconded by Councillor Mrs P L Smith, and

Resolved: to adopt the response as submitted to the Consultation on PEACE IV Programmes.

18.8 It was agreed that if any Member or Party Grouping wished to comment on any of the other documents they should submit their comments to the Chief Executive who would arrange to have them sent to the Government Department concerned.

Resolution to Proceed “In Committee”

It was

Proposed by Councillor Mrs E A Forde Seconded by Councillor T J Catherwood, and

Resolved: that the Council proceeds “In Committee”.

Council “In Committee”

19 Land at Draperstown

This item was taken “In Committee”.

20 Staff Matters

This item was taken “In Committee”.

21 Legal Matters

This item was taken “In Committee”.

Resolution to Proceed in “Open Council”

It was

Proposed by Councillor T J Catherwood Seconded by Councillor Mrs E A Forde, and

Resolved: that proceedings be resumed in “Open Council”

Proceedings in “Open Council”

It was

Proposed by Councillor T J Catherwood Seconded by Councillor Mrs E A Forde, and

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

22 Sealing of Documents

There were no items for sealing.

23 Irish Language Implementation Group

It was agreed that the next meeting of the Irish Language Implementation Group would be held on Tuesday, 19 August 2014 at 7.00 pm.

Noted.

24 For the Information of Members

The following items were submitted for the information of Members:

(a) Copy of CARDI News – July 2014 (copy previously circulated to each Member) (b) Copy of Drinking Water Quality Report for Northern Ireland 2013 – Magherafelt District Council issued by Northern Ireland Water (copy previously circulated to each Member) (c) Copy of NILGA Reform Bulletin – 22 July 2014 (copy previously circulated to each Member). (d) Copy of Reform Inform – Issue 20 (copy previously circulated to each Member) (e) Copy of ‘On the Move’ – Summer 2014 – The Department of Regional Development’s magazine (copy previously circulated to each Member) (f) Copy of The Commissioner for Public Appointments Northern Ireland Annual Report 2013/14 (copy previously circulated to each Member) (g) Copy of The Consumer Council’s Enquiries and Complaints Report 2013/14 (copy previously circulated to each Member) (h) Copy of the Annual Report of the Assembly Ombudsman for Northern Ireland and the Northern Ireland Commissioner for Complaints 2013/14 (copy previously circulated to each Member).

The meeting concluded at 9.25 pm

Chief Executive

The foregoing Minutes are hereby Confirmed.

______(Chairperson)

______