MAGHERAFELT DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Road, Magherafelt on Tuesday, 9 December 2014. The meeting commenced at 7.30 pm.

Presiding: Mrs K A McEldowney

Other Members Present: J Campbell T J Catherwood Mrs E A Forde M G Kearney B McGuigan P McLean J J McPeake Mrs C M O’Neill G C Shiels Mrs P L Smith D O Totten S Bateson

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

Representatives from Other Bodies in Attendance:

DoE Planning Service - Ms Karen Doyle – Planning Officer

In the absence of the Chief Executive, Mrs A M Campbell, Director of Policy and Development acted-up.

1 Apologies

Councillors J Crawford, Mrs C Elattar, and G T McFalone.

2 Co-option of New Member

The Chairperson, Councillor Mrs K A McEldowney welcomed a new Member, Sean Bateson to the Chamber. Mr Bateson had been co-opted onto the Council to replace Councillor Peter J Bateson, who had recently resigned.

3 Sympathy

The Chairperson, Councillor Mrs K A McEldowney extended sympathy to Councillor J Campbell on the recent death of his brother.

4 Minutes

4.1 Councillor J J McPeake referred to Page 19 of the Minutes. Mrs Campbell advised that this item had been taken “In Committee” and consideration of the matter should be deferred and only considered when the Council was “In Committee”.

4.2 It was

Proposed by Councillor B McGuigan Seconded by Councillor Mrs C M O’Neill, and

Resolved: that the Minutes of the Meeting of the Council held on Tuesday, 11 November 2014 (copy previously circulated to each Member), with the exception of items taken “In Committee“, be taken as read and signed as correct.

5 Matters Arising Out of the Minutes

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

6 Declarations of Interest

There were no Declarations of Interest.

7 Planning 185/12/2014

7.1 New Planning Applications:

H/2014/0159/F – Tesco Store Ltd, 1 Bridge Street, Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were three letters of objection to this application.

H/2014/0239/F – D O’Neill Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were two letters of objection to this application.

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H/2014/0254/F – Special Joinery Group, The Planning Officer advised that this application had been withdrawn from the schedule to allow time for consultation with Environmental Health on additional information regarding noise. The Planning Officer advised that there was one letter of objection to this application.

H/2014/0282/F – Aircore Ballynacross Road Ltd The Planning Officer advised that this application had been withdrawn from the schedule to allow time for consultation with Environmental Health on additional information regarding noise. The Planning Officer advised that there were two letters of objection to this application.

H/2014/0313/F – Beam Vacuum Systems Ltd Approval. The Council agreed to the issue of the approval.

H/2014/0320/F – Ms Emma Nicholls Deferred for an Office Meeting on the request of Councillor P McLean. A letter of submission was handed to the Planning Officer – Criterion 5; Councillor P McLean to attend the meeting. The Planning Officer advised that there was one letter of objection to this application.

H/2014/0329/O – S Conway Refusal. The Council agreed to issue the decision.

7.1.1 Applications Deferred from Previous Meeting:

H/2013/0174/F – Mr Norman Leslie Approval. The Council agreed to the issue of the approval.

H/2013/0398/O – Mr C Gribben Approval. The Council agreed to the issue of the approval.

H/2013/0450/O – Mr Justin McCarthy Approval. The Council agreed to the issue of the approval.

H/2014/0022/F – Tamlaght O’Crilly Parish – Canon Raymond Stewart Approval. The Council agreed to the issue of the approval.

H/2014/0063/F – Mr Gerard McGuigan Approval. The Council agreed to the issue of the approval.

H/2014/0089/F – Ms Dagmare Michalska Refusal. The Council agreed to issue the decision.

H/2014/0103/O – Paul Irvine Approval. The Council agreed to the issue of the approval. 3

H/2014/0105/O – Roland Caldwell Approval. The Council agreed to the issue of the approval.

H/2014/0108/O – Mr Seamus Dougan Approval. The Council agreed to the issue of the approval.

H/2014/0127/O – Mr M Convery Refusal. The Council agreed to issue the decision. The Planning Officer advised that there was one letter of objection to this application.

H/2014/0152/F – Mr Devlin The Planning Officer advised that this application had been withdrawn from the schedule to allow for time to consider further information from the applicant and to prove that a business had been established. The Planning Officer also pointed out that there were five letters of objection to this application.

H/2014/0209/O – Robert Niblock Deferred for one month on the request of Councillor Mrs E A Forde to allow for an office meeting between the local MLA and the Area Planning Manager.

H/2014/0248/O – Gerry Murphy & Mary Dowling Refusal. The Council agreed to is sue the decision.

7.1.2 It was

Proposed by Councillor B McGuigan Seconded by Councillor P McLean, and

Resolved: to adopt the Planning Schedule dated 9 December 2014 subject to the above conditions and amendments.

7.2 Submitted schedule of Streamlined Planning Application decisions issued from 1 October to 31 October 2014 (copy previously circulated to each Member).

Noted.

7.3 Planning Application H/2009/0270/F Consideration was given to a consultation response to Planning Application H/2009/0270/F – Former William Clark & Sons Ltd, , Maghera for works to listed buildings to include the extension and conversion of the former Art Deco Building into a new factory and change of use, etc (details circulated to each Member).

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7.3.1 Following discussion, it was

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

Resolved: that the Council’s response to the planning application should be that the Council was sympathetic to the application and supported it as long as it did not take away from the location.

The Planning Officer retired from the meeting at 7.50 pm.

8 Building Control Department 210/12/2014

The Director of Building Control presented the Department’s report for the period 1 November to 30 November 2014 (copy previously circulated to each Member).

7.1 During this period 1 November 2014 to 30 November 2014 twenty-two applications had been recommended for approval. A total of eighty-nine applications required amending by Architects and Agents before granting approval.

7.2 Ap plications for Notices and Regularisations During the period from 1 November 2014 to 30 November 2014 there was 1 Regularisation and nineteen Notices issued. Notices were mainly for replacement boilers. There were fourteen Notices cancelled on request.

7.3 Building Regulations Inspections During the period from 1 October 2014 to 31 October 2014 one hundred and nine applications commenced on site and seventy applications were found to be complete in accordance with Building Regulations. The department carried out three hundred and thirty-five inspections during this month.

7.4 Annual Re-Licensing Applications During the period of this report five re-licensing inspections have been carried out.

7.5 Entertainment Licensing During the period of this report three entertainment licensing inspections were carried out.

7.6 Property Certificates There were forty-one Property Certificates issued for this period.

5 7.7 Naming and numbering of Streets During the period from 1 October 2014 to 31 October 2014 eight new postal numbers and postcodes were issued for private dwellings.

7.7.1 Mr Glendinning sought permission to raise an additional item in relation to the naming of industrial development units at Grange Road, Magherafelt. The Chairperson agreed.

7.7.2 Consideration was given to the naming of industrial units at 5 Grange Road, Magherafelt for Mr David Hutchinson. The names suggested by the developer were:

1 Drumrainey Business Park 2 Drumrainey Business Centre 3 Grange Road Business Park

7.7.3 Following discussion it was

Proposed by Councillor P McLean Seconded by Councillor B McGuigan, and

Resolved: that the industrial units at 5 Grange Road, Magherafelt be named ‘Drumrainey Business Park’.

7.8 It was

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

Resolved: to adopt the report as submitted.

9 Licences and Registrations

9.1 Entertainment Licences

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

EL/01/15 The Terrace Hotel, 42-48 Church Street, Magherafelt BT45 6AV – Patrick McCloy, E Strathern & B McCloy EL/04/15 The Shepherd’s Rest, 220 Sixtowns Road, BT45 7BH Mr Michael Patrick Doyle EL/05/15 McKenna’s Bar, 37 Main Street, BT45 8HT - Mr Bernard McKenna EL/09/15 Regan’s Bar, 17a Hall Street, Maghera BT46 5DA – Mrs Karen Regan EL/18/15 The Coachman, 58 Rainey Street, Magherafelt BT45 5AH – Mr Mark Stewart 6

EL/21/15 Moyola Park Golf Club, 15 Curran Road, Castledawson BT45 8DG – Mr Noel McMullan EL/22/15 The Market Tavern Bar, 62 Rainey Street, Magherafelt BT45 5AH Mr Malachy Doris EL/29/15 The Corner House, 6-9 St Patrick’s Street, Draperstown BT45 7AL Mr Hugh McAlary EL/30/15 The Market Inn, 25-27 St Patrick’s Street, Draperstown BT45 7AJ Mr Maurice Regan EL/32/15 The Oakleaf Restaurant , 31 Glenshane Road, Maghera BT46 5JZ Mr James Molloy EL/36/15 The Cosy Corner Bar, 68 Road, Magherafelt BT45 8NT Mr Seamus Boyle EL/49/15 Walsh’s Hotel, 53 Main Street, Maghera BT45 6AA – Mr Kieran Bradley EL/50/15 The Old Thatch Inn, 116 Hillhead Road, Castledawson – BT45 8ET – Messrs Colm & Alacoque Diamond EL/56/15 McAllister’s Bar & Lounge, 76 Sixtowns Road, Draperstown BT45 7BB Mr Peter McAllister EL/57/15 The Dugout Bar, 94 Main Street, Maghera BT46 5AF – Mr Michael Bradley EL/59/15 The Flax Inn, 27 King Street, Magherafelt BT45 6AR – Mrs Rosemary O’Kane EL/61/15 Kearney’s Bar, 79-81 Main Street, Maghera BT46 5AB – Mr James Kearney EL/88/15 McMasters Bar, 27 Main Street, Maghera BT46 5AA – Messrs Mary O’Kane & Anne Marie Crawford EL/126/15 The Elk, 38-40 Hillhead Road, Toomebridge BT41 3SF – Creagh Concrete Products Ltd

9.1.1 It was

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

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

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9.2 Petroleum Licences

Submitted the following application for a Petroleum Licence which was in order and recommended for approval:

L/60/2015 Bradley Service Station, 19 Road, Maghera BT46 5BN – Mr Joseph Bradley

9.2.1 It was

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

Resolved: to grant the Petroleum Licence as submitted.

9.3 Street Trading Licences

Submitted the following applications for Street Trading Licences which were in order and recommended for approval:

MTL/03/15 Mr Sid Bruce – Selected Towns in District 12 noon – 7.00 pm on Mondays 12 noon – 7.00 pm on Tuesdays 12 noon – 7.00 pm on Wednesdays 12 noon – 7.00 pm on Thursdays 12 noon – 7.00 pm on Fridays 12 noon – 7.00 pm on Saturdays 12 noon – 7.00 pm on Sundays

STL/03/15 Mr Jeffrey Robert Parks Market Square, Magherafelt 8.30 am – 6.00 pm on Mondays 8.30 am – 6.00 pm on Tuesdays 8.30 am – 6.00 pm on Wednesdays 8.30 am – 6.00 pm on Thursdays – Central Reservation 8.30 am – 6.00 pm on Fridays 8.30 am – 6.00 pm on Saturdays

STL/15/15 Mr Seamus Dillon Carpark adjacent to Gulladuff Road, Gulladuff 8.30 am – 6.30 pm on Mondays 8.30 am – 6.30 pm on Tuesdays 8.30 am – 6.30 pm on Wednesdays 8.30 am – 6.30 pm on Thursdays 8.30 am – 6.30 pm on Fridays 8.30 am – 6.30 pm on Saturdays

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STL/35/15 Mr Roland McKelvey Lay-by / Road, Desertmartin 8.30 am – 6.00 pm on Mondays 8.30 am – 6.00 pm on Tuesdays 8.30 am – 6.00 pm on Wednesdays 8.30 am – 6.00 pm on Thursdays 8.30 am – 6.00 pm on Fridays 8.30 am – 6.00 pm on Saturdays 8.30 am – 6.00 pm on Sundays

STL/41/15 Mr Donald Robert Davidson Central Reservation, Market Square, Magherafelt 8.00 am – 6.00 pm on Thursdays

STL/54/15 Mr Brendan Higgins North side of St Patrick’s Street, Draperstown 9.00 am – 6.00 pm on Fridays

STL/95/15 Mr James Armstrong Lay-by on Maghera side of Grillagh Bridge, Maghera 9.00 am – 5.00 pm on Mondays 9.00 am – 5.00 pm on Tuesdays 9.00 am – 5.00 pm on Wednesdays 9.00 am – 5.00 pm on Thursdays 9.00 am – 5.00 pm on Fridays 9.00 am – 5.00 pm on Saturdays

9.3.1 It was

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

Resolved: to grant the Street Trading Licences as submitted.

9.4 Amusement Licences

Submitted two applications for the renewal of Amusement Licences under the Betting, Gaming, Lotteries and Amusement (NI) Order 1985 for the following premises:-

AL/04/201 McMullin’s Amusement Arcade, 67 Road, Upperlands BT46 5RU – Mrs Kathleen Elizabeth McMullin Grant of permit Under 18

AL/07/2015 Stoneyfall, 19 Queen Street, Magherafelt BT45 6AA – Mrs Teresa McGlone Renewal of permit Over 18

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9.4.1 It was

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

Resolved: that the applications for renewals as submitted be granted.

9.5 Licensing Order 1996

9.5.1 Notice for Application for an Occasional Licence

Submitted Notice of Applications for an Occasional Licence under the Licensing Northern Ireland Order 1996 for information:-

Mr Joe Gormley, Main Street, Maghera – St Martin’s GAC, Desertmartin for a function on 27 December 2014

Mr Vincent Hurl, 100 Ballynease Road, Portglenone – St John Bosco Community Association for a function on 31 December 2014

Noted.

9.6 Notice for Application for a Protection Order

Jeneen Ltd, 1-2 Bond Hill for Ardtara Country House, 8 Gorteade Road, Upperlands

Noted.

10 Environmental Health Department 196/12/2014

Mr M Young, Director of Environmental Health submitted the report for the month of November 2014 (copy previously circulated to each Member).

10.1 Regulation (EC) No 853/2004

After due consideration, it was

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

Resolved: that full approval under (EC) No 853/2004 be granted to Fisherman’s Co-op, 4 Bannside Tooombridge BT41 3SB for the preparation of fishery products and that the Food Standards Agency be informed accordingly.

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10.2 Appointment of Public Analyst

It was

Proposed by Councillor P McLean Seconded by Councillor T J Catherwood, and

Resolved: that Council appoint the following persons as public analyst under Section 27(1) of the Food safety (Northern Ireland) Order 1991. The listing to replace that previously approved May 2014

Susanne Brookes ; B.Sc., M.Sc., M.Chem.A, FRSC., MAPA. Registered Analytical Chemist Paul William Hancock ; B.Sc., M.Chem.A., MRSC., AAPA. Alastair David Low; B.Sc., M.Sc., M.Chem.A., C.Chem., MRSC., AAPA. Rachael Ann New B.Sc., M.Chem.A., C.Sci, C.Chem., MRSC. John Antony Robinson ; B.Sc., M.Sc., M.Chem.A., C.Sci., C.Chem., FRSC., MIFST., MAPA. Registered Analytical Chemist Registered Expert Witness

10.3 The Poisons (NI) Order 1976 The Poisons Regulations (NI) 1983

In accordance with the above legislation the following persons had applied to have their premises retained in the register of persons entitled to sell poisons:

It was

Proposed by Councillor T J Catherwood Seconded by Councillor B McGuigan, and

Resolved: that the following premises are retained in the register of poisons.

Swatragh Filling Station, 17 Moneysharvin Road,

10.4 Award of Fellowship

Members extended their congratulations to Mrs Catriona Davis on the award of the Fellowship of the Institute of Environmental Health.

10.5 It was

Proposed by Councillor B McGuigan Seconded by Councillor M G Kearney, and

Resolved: that Council adopts the remainder of the report which was for information. 11

11 Operational Services Department

In the absence of Mr Cassells, Director of Operations, Mrs Campbell presented his departmental report for the month of November 2014 (copy previously circulated to each Member).

11.1 Leisure Services

Members noted the comparative performance information for Maghera Leisure Centre, Meadowbank Sports Arena and Tobermore Golf Driving Range and the summary of events during November 2014.

11.2 Technical Services

Members noted details of the acts of vandalism, the on-going maintenance works, the environmental projects and the Love Food Hate Waste cookery demonstration.

11.3 It was

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

Resolved: to adopt the report which was the information of Members.

12 Policy and Development Department

Mrs Anne-Marie Campbell, Director of Policy and Development submitted the Policy and Development report for December 2014(copy previously circulated to each member).

12.1 Seamus Heaney Centre

Memorandum of Understanding with the Queen’s University

Following discussion it was

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

Resolved: that Magherafelt District Council agrees to form a Memorandum of Understanding with the Seamus Heaney Centre for Poetry at Queen’s University Belfast.

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12.2 Town Centre Regeneration

Rainey Street Revitalisation Programme

Following discussion it was

Proposed by Councillor P McLean Seconded by Councillor J J McPeake, and

Resolved: that Magherafelt District Council seek assurances from the Department of Social Development that if projects could not be delivered by 31 March 2015 that DSD provide the funding in 2015/2016 for any slippage. It was further agreed that Council approve acceptance of the £100,000 funding from DSD and progress with the Rainey Street Revitalisation Programme on receipt of the above assurances.

12.3 Funding of Magherafelt Advice Services 2015/16

Following discussion it was

Proposed by Councillor J Campbell Seconded by Councillor P McLean, and

Resolved: that the issue of funding for Magherafelt Advice Services from 1 April 2015 be referred to the next suitable committee of District Council for its consideration.

12.4 Following discussion it was

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

Resolved: that the report for the Policy and Development Department as presented be approved.

13 Payment of Accounts 12/2014

13.1 Submitted Statement of Expenditure setting out payments to be authorised (copy circulated to each Member). The statement made provision for £1,024,611.46 out of the Revenue Account and £nil out of the Capital Account.

13.2 It was

Proposed by Councillor T J Catherwood Seconded by Councillor B McGuigan, and

Resolved: to approve the Statement of Accounts as submitted.

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14 Conferences and Courses

Consideration was given to the nomination of delegates to attend –

14.1 APSE Seminar entitled ‘Performance Improvement – are you ready?’ to be held in on Thursday, 30 January 2015 (details previously circulated to each Member).

14.1.2 It was agreed not to nominate.

14.2 ‘Creative Service Delivery’ Events hosted by NILGA & NAC with support from the LGTG for Council Elected Members, Chief Executives, Directors, etc. to be held in the La Mon Hotel & Country Club, Castlereagh on 14 January 2015 and Lough Neagh Discovery Centre, Craigavon on 15 January 2015 (details previously circulated to each Member).

14.2.1 It was agreed that each Party Grouping would nominate delegates to attend.

14.3 ‘Guidance on the Code of Conduct’ Events to be held in December 2014/January 2015 hosted by NILGA & NAC and supported by LGTG (copies of Guidance flyer, NILGA Code of Conduct for Councillors, Code of Conduct for Councillors – NI Ombudsman; and NILGA draft response Code of Conduct Planning Guidance – October 2014 previously circulated to each Member)

14.3.1 It was agreed that each Party Grouping would nominate delegates to attend.

15 Consultation Documents

Consideration was given to the following documents –

15.1 Letter and Consultation from the Northern Health and Social Care Trust arising from the temporary closure of Intermediate Care Services and Multiple Sclerosis (MS) Respite Centre at Dalriada Hospital seeking comments by 27 January 2015 (copies previously circulated to each Member).

15.2 Consultation document on the Proposal to make Updated and Consolidation of the Habitats Regulations published by the Department of the Environment seeking comments by 30 January 2015 (copy previously circulated to each Member).

15.3 The Consumer Council’s Business Plan seeking comments by Friday, 13 February 2015 (copy previously circulated to each Member).

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15.4 Draft NILGA response to the consultation on Phase 2 Planning Subordinate legislation consultation ‘Planning Reform and Transfer to Local Government: Proposals for Subordinate Legislation Phase 2’. Any changes to the document should be lodged with NILGA ahead of 31 December 2014 (copy previously circulated to each Member).

15.5 Draft Budget 2015/16 on spending and savings proposal by Government Departments seeking responses by 29 December 2014 -

1 Department of Regional Development 2 Department of Enterprise, Trade and Investment 3 Department of Health, social Services and Public Safety 4 Department of Agriculture and Rural Development

(copies previously circulated to each Member).

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

15.7 Councillor J J McPeake enquired if a consultation on the future of Bus Provision in Magherafelt had been received.

15.7.1 In reply Mrs Campbell stated that she was not aware of this but would have the matter investigated.

16 Transport NI

16.1 Submitted copy of letter, Notice of Intention, Abandonment Order, and map in connection with the abandonment of land at A54 Ballymacombs Roads, Smithtown Cross, Portglenone (copies previously circulated to each Member).

16.2 Members raised no objections to the abandonment of land.

Resolution to Proceed “In Committee”

It was

Proposed by Councillor T J Catherwood Seconded by Councillor Mrs C M O’Neill, and

Resolved: that the Council proceeds “In Committee”.

Council “In Committee”

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17 Staff Matters

This item was taken “In Committee”.

18 Legal Matters

Mrs Campbell advised that there were no legal matters.

Resolution to Proceed in “Open Council”

It was

Proposed by Councillor Mrs C M O’Neill Seconded by Councillor T J Catherwood, and

Resolved: that proceedings be resumed in “Open Council”

Proceedings in “Open Council”

It was

Proposed by Councillor Mrs C M O’Neill Seconded by Councillor T J Catherwood, and

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

19 Sealing of Documents

There were no items for sealing.

20 Memorial Stone

Submitted an application which had been received from Mr Robert Oliver Milne of 48 Ballydermott Road, Bellaghy BT45 8LF, grantee and husband of deceased – to erect a memorial stone at Plots K48 & K49 – Mrs Heather Ida Rhoda Milne (deceased).

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20.1 Following discussion it was

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

Resolved: that the Council authorise the erection of a memorial stone in accordance with the Rules and Regulations of Polepatrick Cemetery at Plots K48 and K49.

21 For the Information of Members

The following items were submitted for the information of Members:

(a) Copy of Minutes of North Eastern Group Building Control Service of 24 September 2014 (copy previously circulated to each Member) (b) NILGA Information Bulletin – October 2014 (copy previously circulated to each Member)

The meeting concluded at 8.15 pm

Director of Policy and Development

The foregoing Minutes are hereby Confirmed.

______(Chairperson)

______(Date)

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