MAGHERAFELT DISTRICT COUNCIL
Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 8 December 2009. The meeting commenced at 7.30 pm.
Presiding: P McLean
Other Members Present: P McLean P J Bateson J Campbell T J Catherwood J Crawford Mrs E A Forde P E Groogan O T Hughes Miss K A Lagan Mrs K A McEldowney I P Milne
Apologies:
Rev Dr R T Wm McCrea J J McPeake G C Shiels
Officers Present: J A McLaughlin (Chief Executive) J J Tohill (Director of Finance and Administration) W J Glendinning (Director of Building Control) A Cassells (Director of Operations) M Young (Director of Environmental Health) Mrs Anne-Marie Campbell (Head of Policy/Implementation) Mrs Audrey Junkin (Chief Executive’s Secretary)
Representatives from Other Bodies in Attendance:
DRD Roads Service – Western Division
Des McFarlane – Network Development Manager Gerry Hackett – Section Engineer - Forward Planning Gary Quinn – Local Section Engineer
DoE Planning Service: Mrs Sandra Adams – Planning Officer
1 Co-option of Councillor to Fill Vacancy
The Chief Executive advised that the first item for consideration was co- opting a member to fill the vacancy caused by the resignation of Councillor Mrs Anne C Gribbon. He said that in accordance with a previous resolution of the Council that in the event of a vacancy occurring for a Councillor, the Party to which that Councillor belonged had the right to co-opt unopposed an individual to fill that vacancy.
1.1 It was
Proposed by Councillor J F Kerr Seconded by Councillor I P Milne, and
Resolved: That the vacancy be filled by the co-option of Miss Bronagh A Scullion.
As Miss Scullion was present at the meeting, she was invited to join the meeting and on signing the Declaration Against Terrorism (Form LE28) she took her seat.
1.2 Councillor J F Kerr said that Mrs Gribbon resigned as a Councillor for health reasons and felt that as a result she could not give the time or commitment required to continue as an elected representative. He asked that her thanks to Councillors and staff be recorded.
1.3 Councillor Miss K A Lagan said that it was with regretted the resignation of Councillor Mrs Gribbon. She welcomed Miss Scullion on board as a new female Councillor.
2 Minutes
2.1 Councillor Miss K A Lagan referred to “In Committee” Minutes which had been deferred at the previous meeting.
The Chief Executive advised that as this item had been taken “In Committee” it would be considered later on in the meeting when the Council was “In Committee”.
2.2 It was therefore
Proposed by Councillor J F Kerr Seconded by Councillor T J Catherwood, and
Resolved: that the Minutes of the Council Meeting held on Tuesday, 10 November 2009, (excluding the items taken “In Committee), be taken as read and signed as correct (copy previously circulated to each Member).
3 Matters Arising Out of the Minutes
3.1 Item 9.2 and 9.3 – Community Safety and Economic Development
The Chief Executive advised that the following Members’ names had been nominated to serve on –
3.1.1 The Community Safety Partnership:
Councillor Mrs E A Forde Councillor G C Shiels Councillor J F Kerr Councillor J Campbell
It was
Proposed by Councillor T J Catherwood Seconded by Councillor P J Bateson, and
Resolved: that the Members listed above be appointed to serve on the Community Safety Partnership.
3.1.2 The Town Centre Forum:
Councillor P McLean Councillor G C Shiels Councillor J J McPeake Councillor J Campbell
It was
Proposed by Councillor T J Catherwood Seconded by Councillor P J Bateson, and
Resolved: that the Members listed above be appointed to serve on the Town Centre Forum.
3.2 Castle Tower School, Ballymena:
Submitted a letter dated 9 November 2009 from the Chief Executive of Ballymena Borough Council inviting the Council to join Ballymena Borough Council along with other Councils in the North Eastern Education Board in a lobby campaign to the Minister of Education for the new Castle Tower School to be built; and seeking immediate action in respect of bringing the condition of the present three campuses up to a reasonable standard, until a new building is complete (copy circulated to each Member).
3.2.1 Members discussed issues surrounding the request regarding the future provision for these special needs children.
3.2.2 It was
Proposed by Councillor J F Kerr Seconded by Councillor Miss K A Lagan, and
Resolved: that the Chief Executive seek clarity on the following issues and report back to Council at a forthcoming meeting:
• How did this problem arise in the first place? • Where are the three sites located? • How far are they apart? • Do teachers and/or pupils move between sites? • What are the disadvantages of the present situation and the advantages to which the Principal is aspiring to?
4 Presentation – Roads Service
4.1 The Chairperson, Councillor J J McPeake welcomed Des McFarlane, Gerry Hackett and Gary Quinn from Roads Service to the meeting and asked that they present the Roads Service Local Transport and Safety Measures Draft Programme for 2010-2012 for the Magherafelt District Council area (copy previously circulated to each Member).
4.2 Mr McFarlane referred to the Department’s £3.1 million investment in the Magherafelt Council area this year. He said that one of Road Service’s key schemes was the A6 Randalstown to Castledawson Dualling Scheme. Statements had been published by Roads Service setting out its decision on the Inspector’s reports on the public inquiries held in November 2007 to examine the Environmental Statements, etc prepared for the scheme. Exhibitions had been held in Toome and Castledawson explaining the revised junction proposals associated with the decision and it was expected that the revised junction improvements would be completed in late 2010. However, it depended on the availability of finance as to when the scheme would be built.
4.3 Mr McFarlane said that the development of the proposed A31 Magherafelt Bypass continued to progress. Roads Service had received the Inspector’s Report from the Public Inquiry held in April/May 2009 and his recommendations were currently being considered. It was anticipated that the Department’s decision would be published in April/May 2010. He said that the Inspector’s Report could not be released into the public domain in advance of this publication.
4.4 Mr McFarlane also spoke of the commencement of the park and share site at Castledawson Roundabout. He said that this scheme involved the expansion of the existing facility and the relocation of the bus stops from the A6 Glenshane Road to within the car-park. It was hoped that this scheme would be completed early in 2010.
4.5 Reference was also made to the commencement of resurfacing schemes at Main Street, Bellaghy; Desertmartin Road, Magherafelt; sections of the A29 Moneymore Road, Desertmartin; A31 Moneymore Road, Magherafelt; Mayogall Road, Clady; Ballyronan Road, Magherafelt; Mulderg Road, Loup; Lurganagoose Road, Curran; Quarry Road, Gulladuff and Ballyheifer Road, Magherafelt.
4.6 Mr Hackett listed schemes which had been completed including the footway at Craigadick Road, Maghera; and the footway at Coolshinney Road, Magherafelt; a pelican crossing at Main Street, Castledawson; and a collision remedial scheme at Aughrim Road/Creagh Road. He said that sight-line improvements had commenced at Ballyscullion/Ballynease Road junction and the sight-line improvements at Crew/Ballymacilcurr Road was scheduled to be completed by the end of the financial year. The safer routes to school measures had been completed around St John Bosco School, Ballynease, Portglenone.
4.7 In conclusion, Mr Hackett said that the finances available to Roads Service depended on the decisions taken by the Northern Ireland Executive, however improvement schemes were still being planned and he referred to the new cycle path at Castledawson Road, Magherafelt, a right-turn lane at Ballyronan/Ballymulligan Road crossroads and sight- line improvements at Aughrim Road/Gracefield Road junction.
4.8 The Chairperson then requested Members to bring forward any comments or questions they wished to make on the report.
4.9 Individual Members thanked Roads Service for the completion of schemes and raised many questions on schemes scheduled for the future. Mr McFarlane gave replies where possible and in instances when he could not, he promised to follow the issues up and reply to the Councillor/s in writing.
4.10 The Chairperson thanked the representatives from Roads Service for attending and answering Members questions.
Representatives from Roads Service retired from the meeting at 8.45 pm.
5 Building Control Department 210/12/2009
The Director of Building Control presented the Department’s reports for the period 1 November to 30 November 2009 (copy previously circulated to each Member).
5.1 During this period thirty-eight applications had been recommended for approval and one hundred and seventy-five applications required amending by Architects and Agents before granting approval.
5.2 During this period there had been five extensions of time. There had been four cancellations which had gone beyond the four years expiry date and had not commenced on site.
5.3 Application for Notices and Regularisations
During the period from 1 November 2009 to 30 November 2009 there were two Regularisations issued.
During the period from 1 October 2009 to 31 October 2009 forty-seven applications had commenced on site and thirty applications were found to be complete in accordance with Building Regulations.
During the period from 1 October 2009 to 31 October 2009 twenty-four new Postal Numbers and Postcodes were issued for private dwellings.
5.4 Property Certificates
There were twenty-nine Property Certificates issued for this period.
5.5 It was
Proposed by Councillor T J Catherwood Seconded by Councillor O T Hughes, and
Resolved: to adopt the report as submitted.
6 Naming and Numbering of Streets PN 173/156
Consideration was given to the naming of the following:
6.1 Twenty units at Castledawson Road, Magherafelt for Bellshill Development Limited. The name suggested was ‘Milltown Business Park’.
6.1.1 It was
Proposed by Councillor P J Bateson Seconded by Councillor J Campbell, and
Resolved: that the twenty units at Castledawson Road, Magherafelt be named ‘Milltown Business Park’.
6.2 A private dwelling at No.11 Desertmartin Road, Tobermore in the name of Mr William J Henry and a site adjacent to No.11 in the name of Mr Tyrone Henry. Both applicants requested that this section of the road be changed to ‘Lower Calmore Road, Tobermore’.
6.2.1 The Director of Building Control and the Chief Executive advised Members that the Council had no authority to change the name of a road.
6.2.2 Following discussion the Council instructed The Director of Building Control to advise both Mr William Henry and Mr Tyrone Henry of the Council’s inability to change the name of the road.
7 Licenses and Registrations
7.1 Entertainments Licences:
Submitted the following application for an Entertainments Licence which was recommended for renewal:
E.4 The Shepherd’s Rest, 220 Sixtowns Road, Draperstown – Mr Michael Doyle
E.5 McKenna’s Bar, 35 Main Street, Bellaghy – Mr Bernard McKenna
E.6 The Hogan Stand, 32 Moneyneany Road, Draperstown – Mr Charlie McNally
E.9 Regan’s Bar, 19 Hall Street, Maghera – Mrs Karen Regan
E.19 Royal British Legion Club, 67 Kilrea Road, Upperlands – Mr Robert Jamieson
E.21 Moyola Park Golf Club, 15 Curran Road, Castledawson – Mr S McKenna
E..22 The Market Tavern, 62 Rainey Street, Magherafelt – Mr Malachy Doris
E.29 The Corner House, 6-8 St Patrick’s Street, Draperstown – Mr Hugh McAlary
E.30 The Market Inn, 25 St Patrick’s Street, Draperstown – Mr Maurice Regan
E.36 Cosy Corner Bar, 68 Gulladuff Road, Magherafelt – Mr Seamus Boyle
E.40 Dorman’s & The Opera, 17 Queen Street, Magherafelt – Mr Henry & Mrs Teresa McGlone
E.43 Downey’s Bar, 26-28 Queen Street, Magherafelt – Mr Henry Downey
E.57 The Dugout, 94 Main Street, Maghera – Mr Micahel Bradley
E.59 The Flax Inn, 27 King Street, Magherafelt – Mrs Rosemary O’Kane
E.62 Magherafelt Masonic Hall, Hospital Road, Magherafelt – Mr R L Cummings
E.65 Woods Parish hall, Caraloon Road, Magherafelt – The Select Vestry, Woods Parish Church
E.70 The Inn at Castledawson, 47 Main Street, Castledawson – Mrs Paula Sturges
E.120 Friels’ Bar, 2-4 Kilrea Road, Swatragh – Mr Dermot Friel
E.122 The Parish Centre, 153a Aughrim Road, Toomebridge – Rev John Fox
E.148 Rainey Old Boys’ Rugby Football Club, Meadowbank Road, Magherafelt – Mr Charles Henderson
7.1.1 It was
Proposed by Councillor J F Kerr econded by Councillor P J Bateson, and
Resolved: to approve the applications as submitted.
7.2 Street Trading Licences
Submitted the following applications for Street Trading Licences which were in order and recommended for renewal:
ST15 Mr Seamus Dillon, 53 Craigadick Park, Maghera – Car-park adjacent to Gulladuff Road, Gulladuff
ST32 Mr Will Megaw, 323 Mountjoy Road, Stewartstown – Car-park and Lay-by adjacent to the Coleraine Road, Maghera
ST.2 Pastor Hugh D Creelman 186a Portglenone Road, Randalstown Central Reservation, Market Square, Magherafelt
ST.3 Mr Jeffrey Robert Parks, 135 Ardmore Road, Lurgan Central Reservation, Market Square, Magherafelt
ST41 Mr Donald Davidson, Ballinahone Nurseries, 42 Hamiltonsbawn Road, Central Reservation, Market Square, Magherafelt
ST.93 Mr Thomas Winters, 7 Oakland Avenue, Dungannon – Central Reservation, Market Square, Magherafelt
ST.12 Mr Samuel Kirkpatrick, 14 Rosegarron Road, Magherafelt – Lay-by adjacent to Moyola Bridge, Maghera Road, Tobermore
ST.35 Mr Roland McKelvey, 36 Longfield Road, Desertmartin – Lay-by Desertmartin/Tobermore Road, Desertmartin
ST.54 Mr Brendan Higgins, 42 Inniscarn Road, Moneymore – North-side of St Patrick’s Street, Draperstown
ST.95 Mr James Armstrong, 58 Drumbolg Road, Upperlands – Lay-by on Maghera side of Grillagh Bridge, Moneysharvin Road, Swatragh
7.2.1 It was
PROPOSED by Councillor J F Kerr Seconded by Councillor I P Milne, and
Resolved: to grant the renewal of Street Trading Licences as submitted.
7.3 Amusement Permit
Submitted an application for the granting of an Amusement Permit under the Betting, Gaming, Lotteries and Amusement (NI) Order 1985 for the following premise which was previously provisionally approved with conditions at the 13 October 2009 Council meeting:
A.7 Casino Royale – 15-25 Queen Street, Magherafelt – Ms Teresa McGlone
7.3.1 It was
Proposed by Councillor P J Bateson Seconded by Councillor I P Milne, and
Resolved: that the application as submitted be granted.
8 Planning Service 185/12/2009
8.1 New Planning Applications:
H/2006/0764/F – Mr A Speers Approval. The Planning Officer advised that there was one objection to this application.
H/2007/0716/F – Mrs M K Tohill Approval
H/2007/0798/O – Mr J O’Hagan Approval
H/2007/0978/F – Mr T Glass Approval. The Planning Officer advised that there was still one objection to this application.
H/2009/0279/F – Mr G Breslin Deferred for one month for additional information on the request of Councillor O T Hughes. The Planning Officer advised that there was one objection to this application.
H/2009/0298/F – Mr P McCullagh Approval
H/2009/0394/O – Mr S McCloskey Approval
H/2009/0446/F – Ms A Brown Approval
H/2009/0486/O – Mr J Crawford Approval
H/2009/0508/F – Mr S O’Kane Approval
H/2009/0513/O – Racs Properties Ltd Approval
H/2009/0515/F – Mr P Ryan Approval
H/2009/0525/F – Mr S Thomspon Approval
H/2009/0526/F – D O’Hagan Approval
H/2009/0559/F – Mr R Hegarty Approval
H/2009/0565/F – Mr G McCabe Deferred for an Office Meeting on the request of Councillor J Campbell. Councillor Campbell handed a letter of submission to the Planning Officer.
H/2009/0568/O – Heron Property Ltd Approval
H/2009/0575/O – Mr M Murray Deferred for an Office Meeting on the request of Councillor P E Groogan. Councillor Groogan handed a letter of submission to the Planning Officer.
H/2009/0576/O – Mr H Gribbin Approval. The Planning Officer advised that late objections had been received and had been considered. The Planning opinion was still to approve this application.
On the request of Councillor P J Bateson it was agreed that the application be deferred in order to allow for an office meeting with the objectors.
H/2009/0577/O – Mr M O’Kane Approval
H/2009/0578/F – Mr A McGuckin Approval
H/2009/0581/F – Mr E Bradley Approval
H/2009/0584/O – Mr M Fulton Approval
H/2009/0587/F – Mr & Mrs Nelson Approval
H/2009/0599/O – U Carmichael Approval
H/2009/0600/O – Mr D Moore Deferred for an Office Meeting on the request of Councillor P E Groogan. Councillor Groogan handed a letter of submission to the Planning Officer.
H/2009/0604/F – Mr H Turner Deferred for an Office Meeting on the request of Councillor O T Hughes. Councillor Hughes handed a letter of submission to the Planning Officer.
H/2009/0608/O – Mr & Mrs H J Kearney Approval
H/2009/0609/F – Ms C Dougan Deferred for an Office Meeting on the request of Councillors J J McPeake and I P Milne. Councillor McPeake handed a letter of submission to the Planning Officer.
H/2009/0610/O – Mr S Lavery Deferred for an Office Meeting on the request of Councillor J Campbell. Councillor Campbell handed a letter of submission to the Planning Officer.
H/2009/06/2/F – Ms Kelly Approval
H/2009/0616/F – S Higgins Deferred for an Office Meeting on the request of Councillors J J McPeake and I P Milne. Councillor J J McPeake handed a letter of submission to the Planning Officer.
H/2009/0619/F – Mr M Corey Deferred for an Office Meeting on the request of Councillor Miss K A Lagan. Councillor Miss Lagan handed a letter of submission to the Planning Officer.
H/2009/0620/O – T Johnston Deferred for an Office Meeting on the request of Councillor P McLean. Councillor McLean handed a letter of submission to the Planning Officer. The Planning Officer advised that there was one objection to this application.
H/2009/0628/O – Mr D McGrogan Approval
8.1.1 Applications Deferred from Previous Meeting:
H/2007/0350/F – Mr K Darragh Approval
H/2007/0770/O – Mr A Dougan Approval.
H/2007/0846/O – W McErlane Approval. The Planning Officer advised that there were two objections to this application.
H/2008/0465/F – Mr J Gallagher Approval. Several Members sought assurances from the Planning Officer regarding the structure of this application. The Planning Officer advised that there were twelve objections to this application.
H/2008/0623/F – Mr D McCloskey Approval
H/2009/0012/O – Mr & Mrs J White Approval
H/2009/0190/O – Mr S Cassidy Approval. The Planning Officer advised that there was five objections to this application.
H/2009/0312/F – Mr M McBride Approval
H/2009/0351/F – Magherafelt Sky Blues FC Deferred to facilitate Mr Patsy McGlone, MLA’s meeting with the Divisional Planning Manager.
H/2009/0370/O – Mr M Bradley Approval
H/2009/0471/O – Mr S Corr Approval
8.1.2 It was
Proposed by Councillor P McLean Seconded by Councillor I P Milne, and
Resolved: to adopt the Planning Schedule dated 8 December 2009 subject to the above conditions and amendments.
8.2 Submitted schedule of Streamlined Consultation Decisions issued for October 2009 (copy previously circulated to each Member).
Noted.
8.3 Submitted letter dated 18 November 2009 from the Planning Service Headquarters seeking comments on an application for a proposed northerly extension to the existing sand and gravel quarry at Brackagh with restoration to a variety of conservation habitats at Brackagh Sand and Gravel Pit, Disert Road, Draperstown (details previously circulated to each Member).
8.3.1 Councillor Miss K A Lagan requested that the Council defer making any comments on this application. She said that she could not support the application without further investigation and consultation with the Environmental Heritage Service.
8.3.2 Following discussion Members agreed to defer commenting on this application until the January Council meeting.
8.4 Submitted letter and Draft Addendum to Planning Policy Statement 7 – Safeguarding the Character of Established Residential Areas, seeking comments on or before 5 March 2010 (copy previously circulated to each Member).
8.4.1 It was agreed that any Member of Party grouping wishing to make comments should do so before the January Council meeting in order that a draft reply would be available at the January meeting of the Council.
8.5 Streamlined Consultation Scheme
It was agreed to defer making any decision on the proposals to extend the Streamlined Consultation Scheme until the January meeting of the Council.
8.6 Application H/2000/0567/F:
Councillor I P Milne submitted reasons why Planning Application H/2000/0567/F in the name of F P McCann Ltd should be forwarded to the Planning Service Special Studies Management Board.
8.6.1 Accordingly it was
Proposed by Councillor I P Milne Seconded by the Chairperson, Councillor J J McPeake, and
Resolved: that this application be referred to the Planning Service Special Studies Management Board.
9 Planning Appeals Commission 218/12/2009
Submitted letter and an Appeal Against Enforcement Notice issued on 5 November 2009 to Mr Gary Gibson in connection with an alleged unauthorised wall, pillars and gates on land at 26 Clooney Road, Tobermore requesting any representations received by the Council to be forwarded to the Planning Appeals Commission by 30 December 2009 (details previously circulated to each Member).
9.1 Following discussion it was
Proposed by Councillor Miss K A Lagan Seconded by Councillor Mrs E A Forde, and
Resolved: that the Council issue a letter of support in favour of the applicant, Mr Gibson to The Planning Appeals Commission.
10 Environmental Health Department 196/12/2009
Mr M. Young, Director of Environmental Health submitted the report for the month of November 2009 (copy previously circulated to each Member).
10.1 The Poisons (NI) Order 1976 The Poisons Regulations (NI) 1983
In accordance with the above legislation a total of eight persons had applied to have their premises retained in the register of persons entitled to sell poisons.
10.1.1 It was
Proposed by Councillor J F Kerr Seconded by Councillor Mrs E A Forde, and
Resolved: that the following premises are retained in the Register of Poisons.
Joseph Drennan, 41 Main Street, Tobermore NCCE Ltd, Garvagh Road, Swatragh Scott, 2-4 Main Street, Maghera £1 Shop, 6 Coleraine Road, Maghera Toners Supermarket, 18 Coleraine Road, Maghera Toners Supermarket, 21-23 Main street, Castledawson Toners Supermarket, 24-28 High Street, Draperstown Toners Supermarket, The Diamond Shopping Centre, Magherafelt.
10.2 Public Health (Ireland) Act 1978 Pollution Control and Local Government (NI) Order 1978
Following consideration of conditions prejudicial to health at 19 Piney Hill, Magherafelt, it was
Proposed by Councillor P J Bateson Seconded by Councillor J Campbell, and
Resolved: that, having considered the need to expedite procedures, a notice be served under Article 65 of the Pollution Control and Local Government (N.I.) Order 1978 on the owner of property at 19 Piney Hill, Magherafelt requiring the owner to abate the nuisance within nine days.
10.3 It was
Proposed by Councillor J F Kerr Seconded by Councillor T J Catherwood, and
Resolved: that Council adopt the remainder of the report, which was for information.
11 Operational Services Department 322/12/2009
Submitted report by the Director of Operations for the month of November 2009 (copy circulated to each Member)
11.1 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.
11.2 Operational Services
11.2.1 Items for Information
It was
Proposed by Councillor J F Kerr Seconded by Councillor J Crawford, and
Resolved: that the contents of the Directors report in relation to ‘Items for Information’ for Technical and Leisure Services were duly noted.
12 Development Department
Mrs Anne-Marie Campbell, Head of Policy/Implementation submitted the Development report for the month of November 2009 (copy previously circulated to each member)
12.1 Good Relations
12.1.1 Sports Revenue Grants
Following discussion it was-
Proposed by Councillor I Milne Seconded by Councillor S Kerr; and
Resolved: that grant funding is awarded to the following applicants at the amount listed:
Sporting Event Grant
Name of Group Recommended grant award Newbridge Camogie Club £172.50 Wolfe Tone GAC, Bellaghy £1,000
Sports Club Seeding Grant
Name of Group Recommended grant award Spires Cycling Club £800
Sports Club Coaching Grant
Name of Group Recommended grant award Tobermore Youth Football £234 Academy
12.1.2 Community development grants
Following discussion it was-
Proposed by Councillor I Milne Seconded by Councillor A Forde; and
Resolved: that grant funding is awarded to the following applicants at the amount listed: Name of Group Recommended grant award St Patrick’s Snooker Club, Magherafelt £1,000 King William III Crescent Community, £1,000 Maghera
12.2 Community Safety
Following discussion it was-
Proposed by Councillor K Lagan Seconded by Councillor I Milne; and
Resolved: that Magherafelt District Council is a partner on the Big Lottery funded Live and learn project.
12.3 Economic Development
Following discussion it was-
Proposed by Councillor S Kerr Seconded by Councillor P Bateson; and
Resolved: that Terms of Reference be issued to appoint a competent organisation to undertake research into the needs of local businesses with a budget up to £18,000.
12.4 It was
Proposed by Councillor Miss K A Lagan Seconded by Councillor T J Catherwood; and
Resolved: the report as submitted be adopted.
13 Area of Special Scientific Interest – Sruhanleanantawey Burn Area
Submitted letter from the Northern Ireland Environment Agency dated 16 November 2009 notifying the Council that the Department of the Environment it has made a declaration that the area delineated and described on the associated map is an Area of Special Scientific Interest and asking the Council if it wished to make any representations before 16 March 2010 (copies previously circulated to each Member).
Following discussion it was resolved that the Council would not make any comments on the declaration.
14 Payment of Accounts 12/2009
Submitted Statement of Expenditure setting out payments to be made during the month of December 2009 (copy circulated to each Member).
14.1 The statement made provision for £876,667.29 out of the Revenue Account and £3,858.72 out of the Capital Account.
14.2 It was
Proposed by Councillor J F Kerr Seconded by Councillor O T Hughes, and
Resolved: to approve the Statement of Accounts as submitted for December 2009.
15 Financial Contributions 56/12/2009
Submitted the following letters of application for financial assistance from:
15.1 Magherafelt & District Road Safety Committee:
Submitted letter from the Secretary dated 20 November 2009 seeking a financial donation for purchasing trophies for Road Safety events (copy previously circulated to each Member).
15.1.1 Following discussion, it was
Proposed by Councillor J F Kerr Seconded by Councillor P McLean, and
Resolved: that the Council make a donation £600 to Magherafelt & District Road Safety Committee.
15.2 Home-Start – support and friendship for families:
Submitted letter from the Senior Scheme Manager addressed to the Chairperson seeking support for the work of Home-Start in providing volunteers to support families in the home where problems exists. The letter intimated that Home-Start had been working in the Bellaghy, Castledawson and Magherafelt area for 2½ years (copy circulated to each Member).
15.2.1Following discussion it was
Proposed by Councillor I P Milne Seconded by Councillor J F Kerr, and
Resolved: that the Council makes a financial contribution of £200 to Home-Start.
15.3 Race Against Multiple Sclerosis:
Submitted letter from the Centre Manager/Secretary seeking financial support for the Annual Ploughing Match to take place on Saturday, 28 November 2009 at Drumsamney, Tobermore (copy circulated to each Member).
15.3.1 Following discussion it was
Proposed by Councillor P McLean Seconded by Councillor O T Hughes, and
Resolved: that the Council make a contribution of £200.
15.4 Magherafelt High School/St Mary’s Grammar School – Charity Organisation:
Submitted a letter explaining how the two schools had chosen Habitat for Humanity as their charity for this year and how in June 2010 senior students and teachers would travel to Guatemala in South America to help build houses in the local community. The costs per volunteer is estimated at £1,800 to £2,000 (copy of letter circulated to each Member).
15.4.1 The Chief Executive explained that any community funding could only be allocated if the project took place in Northern Ireland, which it did not on this occasion.
15.4.2 In the circumstances it was agreed by the Chairperson and Vice- Chairperson that they would consider making a donation from their allowance.
16 Conferences and Courses
Consideration was given to the nomination of delegates to attend the following:
16.1 Traveller Focus Week: to be held in the Council Chamber, Cookstown District Council on Tuesday, 1 December 2009. This event was for elected Members (details previously circulated to each Member).
16.1.1 Following discussion it was noted that the event had already taken place.
16.2 Policy Making Seminar: for those involved in policy-making and delivery to be held in The Mount Conference Centre, Belfast on Thursday, 10 December 2009 (details previously circulated to each Member)
16.2.1 Following discussion it was agreed not to nominate.
16.3 Antrim Tourism Conference: Entitled “Tourism in the 21st Century – A Challenge for All” to be held in the Dunadry Hotel, Antrim on Friday, 29 and Saturday, 30 January 2010 (details previously circulated to each Member).
16.3.1 Following discussion it was agreed not to nominate.
16.4 NI Building Control Convention 2009: entitled “Navigating through the Doldrums” to be held in the Hilton Hotel, Belfast on Thursday, 12 and Friday, 13 November 2009. The Chief Executive advised the Members that Mr Glendinning Director of Building Control had attended this Convention on behalf of the Council and was now seeking retrospective approval for his attendance.
16.4.1 Following discussion it was
Proposed by Councillor P McLean Seconded by Councillor O T Hughes, and
Resolved: that the Council retrospectively authorise the attendance of the Director of Building Control, Mr Ian Glendinning at the Northern Ireland Building Control Convention on the 12 and 13 November 2009.
16.5 Association of Municipal Authorities of Ireland – Spring Seminar 2010: entitled “Perspectives on National Recovery” to be held in the Sligo Park Hotel Sligo on Friday, 12 and Saturday, 13 February 2010.
16.5.1 Following discussion it was agreed not to nominate.
16.6 Public Transport Reform Workshop: To consider a review of the Public Transport Reform process and the implications arising therefrom, to be held in Craigavon Civic Centre on Thursday 17 December 2009.
16.6.1 Following discussion it was agreed that any Member wishing to attend should contact the Chief Executive so that the necessary arrangements could be made.
16.7 Local Government HR and Leadership Conference: entitled “People making change happen” to be held on Thursday 10 and Friday 11 December 2009 in Lough Erne Golf Resort Enniskillen.
16.7.1Following discussion it was agreed that the Chief Executive be authorised to nominate an Officer to attend.
16.8 The 21st Colmcille Winter School 2010 Conference: entitled “The role of small enterprises in overcoming the recession” to be held in The Colmcille Heritage Centre, Gartan, Letterkenny from Friday 26 – Sunday 28 February 2010.
16.8.1 Following discussion it was
Proposed by Councillor I Milne Seconded by Councillor P Bateson, and
Resolved: that Councillor J F Kerr attend.
On further consideration it was
Proposed by Councillor J Crawford Seconded by Councillor J F Kerr, and
Resolved: that Councillor Miss K A Lagan also attend.
17 Consultation Documents
Submitted the following consultation documents:
17.1 Consultation on proposals for changes to dog control legislation prepared by the Department of Agriculture and Rural Development seeking responses by 1 February 2010.
17.2 Consultation Exercise on Public Transport Reform prepared by the Department for Regional Development seeking comments by 5 February 2009.
17.3 Summary Document regarding Belfast Rapid Transit Consultation proposed by the Department of Regional Development seeking comments by Friday, 19 February 2010.
17.4 Draft Local Government Pension Scheme (Amendment) Regulations which the Department of the Environment proposes to make for Classroom Assistants employed by Education and Library Boards and seeking a response by 19 February 2010.
17.5 Consultations on the Regulation of the Sunbed Industry in Northern Ireland prepared by the Department of Health, Social Services and Public Safety seeking comments by 19 February 2010.
17.6 Copy of the Transition Committee’s response to the PWC Report on Local Government Service Delivery, (copy of letter previously circulated to each Member).
The Chief Executive advised the Members that the Transition Committee’s response included two documents i.e. a detailed response and a covering letter. Although the covering letter intimated that it included an overview of the Transition Committee’s concerns about the financial analysis set out in the PWC Report (the concerns being outlined in the detailed response), the relevant section of the covering letter did not in fact provide a summary of the main elements of the detailed response.
Following discussion it was
Proposed by Councillor J F Kerr Seconded by Councillor Miss K A Lagan, and
Resolved: that the Council endorse the Transition Committee’s response to the PWC Report as outlined in the detailed response to the Report.
18 Notice of Motion 212/12/2009
18.1 In accordance with her Notice of Motion, Councillor Miss K A Lagan proposed:
“That this Council acknowledges the anxiety among parents and teachers of children with special educational needs regarding the future policy outlined in ‘Every School a Good School – the Way Forward for Special Educational Needs’ and calls on the Minister of Education to ensure that the policy brings: clarity around the use of the term “inclusion”; no diminution of the present statutory rights of children with special educational needs; early expert diagnosis and effective intervention; a fair balance of responsibility between schools and statutory agencies; and ring-fencing of resources to ensure that children with special educational needs benefit from delegated SEN.”
18.1.1 Councillor Miss Lagan said that she very concerned that the future policy did not currently address the needs of children with special educational needs and requested that the Council support her motion and forward it to the Minister of Education.
18.2 Councillor J Campbell seconded the motion.
18.3 Members unanimously supported the motion.
19 Presentations to Council
Consideration was given to the following requests:
19.1 NILGA - to discuss the NILGA Annual Plan at the Council Meeting to be held on Tuesday, 12 January 2009.
19.2 CCN – The Life Channel (details previously circulated to each Member)
19.3 Turley Associates – in connection with a planning application at the former Clark’s site at Upperlands (details previously circulated to each Member).
19.4 Following discussion it was agreed that all three presentations should be made at a Special Meeting of the Council to be held on Tuesday 19 January 2010 at 7.00 p.m.
20 Roads Service
Consideration was given to the following:
20.1 Letter and details on the North Western Key Transport Corridor – T8 (A6) Toome to Castledawson Dualling Scheme and T8/M22 (A6) Randalstown to Toome Dualling Scheme (copies previously circulated to each Member)
Noted.
20.2 Letter and revised drawing showing a number of changes to traffic calming proposals for Queens Avenue, Magherafelt (copies circulated under separate cover each Member). Members noted that if they wished to comment on the proposals they could contact Traffic Management Section directly.
20.3 Letter and drawing showing proposed ‘No Waiting’ Restriction on Coleraine Road, Maghera (copies previously circulated to each Member).
20.3.1 Councillor Miss K A Lagan stated that she had reservations about the restrictions and about the location of the taxi terminal which was now located in front of Hyndman’s Bakery and some distance from the centre of town. Councillor J F Kerr concurred with Councillor Lagan’s remarks.
20.4 Letter and drawing showing the proposed 40mph speed limit at Crew Road, Maghera (copies previously circulated to each Member).
Noted.
20.5 Private Streets (NI) Order 1980
Letter and details of adoption of works at –
(a) Ballyheifer Road, Magherafelt (Stage 0 & 1) (b) Clady Road, Clady, Portglenone (Stage 0 & 1)
Noted.
21 Resolution to Proceed “In Committee”
It was
Proposed by Councillor J F Kerr Seconded by Councillor T J Catherwood, and
Resolved: that the Council proceeds “In Committee”.
Council “In Committee”
22 North West Region Waste Management Group
This item was taken “In Committee”.
23 Staff Matters
This item was taken “In Committee”.
24 Legal Matters
This item was taken “In Committee”.
25 Resolution to Proceed in “Open Council”
It was
Proposed by Councillor J F Kerr Seconded by Councillor P J Bateson, and
Resolved: that proceedings be resumed in “Open Council”
Proceedings in “Open Council”
It was
Proposed by Councillor J F Kerr Seconded by Councillor P J Bateson; and
Resolved: that the foregoing proceedings of the Council “In Committee” be and they are hereby approved and adopted.
26 Sealing of Documents
The seal of the Council is hereby affixed to the following documents:
The Catering Franchise Agreement for Meadowbank Sports Arena between the Council and Vea Jane’s Limited, 4 Killans Road, Ballymoney BT53 7NP for a term of three years from 13 April 2009 for consideration of the sum of £2,600 (plus VAT (if applicable)) per annum together with “a Royalty Rent” calculated at 8% of the amount by which the caterers annual turnover shall exceed £200,000 (exclusive of VAT) such amount plus VAT (if applicable) to be invoiced by the Council.
Grant of Right of Burial to Mrs Anna Helen Speers of 2 The Oasis, Magherafelt BT45 6FD – Plot A103, wife of Albert James Speers (deceased).
27 Congratulations
27.1 Councillor Miss K A Lagan noted that St Patrick’s College, Maghera had been recently crowned the Ulster School’s Senior and Junior Camogie Champions and requested that the Council send a letter of congratulations to the School.
Members agreed.
28 For the Information of Members
28.1 The following items were submitted for the information of Members:-
(a) Minutes of Meeting of the North Eastern Education and Library Board held on Tuesday, 27 October 2009 (b) Annual Review of NI Groundwork (c) Lower Bann Management Strategy 2009-2014 (d) Sperrins Tourism Newsletter – Winter 2009 (copy previously circulated to each Member) (e) Annual Reports:
1 Northern Ireland Water
The meeting concluded at 11.10 pm.
CHIEF EXECUTIVE
The foregoing Minutes are hereby Confirmed.
______(Chairperson)
______(Date)