MAGHERAFELT DISTRICT COUNCIL
Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 25 June 2013. The meeting commenced at 7.30 pm.
Presiding: Mrs C Elattar
Other Members Present: Mrs E A Forde P J Bateson J Campbell T J Catherwood J Crawford Mrs K A McEldowney B McGuigan P McLean J J McPeake Mrs D Ní Shiadhail Miss C M Scullion G C Shiels
Officers Present: J A McLaughlin (Chief Executive) A Cassells (Director of Operations) Mrs A M Campbell (Director of Policy and Development) W J Glendinning (Director of Building Control) M Young (Director of Environmental Health) Mrs Audrey Junkin (Chief Executive’s Secretary)
1 Apologies
Councillors J F Kerr and Miss K A Lagan.
2 Co-option of Councillor to Fill Vacancy
The Chief Executive advised that the Council required to co-opt a member to fill the vacancy caused by the resignation of Councillor Ian P Milne, MLA. He said 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. Mrs Patricia Louise Smith had signed the Declaration Against Terrorism (Form LE28).
2.1 Accordingly, it was
Proposed by Councillor J J McPeake Seconded by Councillor Mrs D Nί Shiadhail, and
Resolved: That the vacancy be filled by the co-option of Mrs Patricia Louise Smith.
3 Minutes
3.1 Members referred to Page 14 of the Minutes, Item 11 – Notice of Motion and requested that the following amendment be made – paragraph 4 should follow paragraph 2 and that Councillor McPeake’s name be changed to the Chairperson’s, Councillor Mrs C Elattar in paragraph 3.
3.2 Following discussion it was
Proposed by Councillor Mrs K A McEldowney Seconded by Councillor P J Bateson, and
Resolved: that the Minutes of Meeting of the Council held on Tuesday, 25 June 2013 (copy previously circulated to each Member), subject to the above amendment be taken as read and signed as correct.
4 Matters Arising Out of the Minutes
4.1 The Chief Executive advised that there were no matters arising out of the Minutes.
5 Declarations of Interest
5.1 There were no Declarations of Interest
6 Operational Services Department 322/06/2013
Submitted report by the Director of Operations for the month of May 2013 (copy previously circulated to each Member).
6.1 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.
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6.2 Operational Services: Items for Information
6.2.1 Meadowbank Sports Arena
The Director of Operations informed the Members that work had now commenced (17 June 2013) on the ‘3G Plus’ Pitch at Meadowbank Sports Arena.
6.2.2 Draperstown Library
Councillor P McLean enquired if the property was being actively marketed. Mr Cassells responded that it was not and reminded Council that the Library had occupied the ground floor whilst the ‘Little Wombles’ Cross Community Play Group still occupied the first floor.
The Director of Operations went on to remind the Members that the Ground Floor would require improvement works carried out in order for it to be brought up to the current requirements for disabled access and ion relation to some Building Regulations issues. It was noted that the front of the building was unsuitable for disabled access but that the rear provided ample disabled parking space and was suitable for disabled access.
6.2.3 Big Spring Clean/ Eco Schools
It was
Proposed by Councillor B McGuigan, and Seconded by the Chairperson, Councillor Mrs C Elattar, and
Resolved : that the Council’s congratulations are passed on to the Council’s Environmental Projects Officer, Mr John Murtagh in respect of his hard work in relation to the recent ‘Big Spring Clean’ campaign and in the support he has offered to local schools in respect of supporting the Eco Schools programme.
6.2.4 Moneymore Road Floral Display
Councillor J Campbell congratulated the Department on the floral display of summer bedding plants that had recently been planted at the entrance to the town on the Moneymore Road/Coolshinney Road junction. However, he noted that the turning actions of some Ulsterbus drivers when collecting/dropping pupils off at St Pius X was damaging the surrounding grassed area. Councillor Campbell requested that the Department use their contacts to see if they could prevail upon Ulsterbus to desist from this practice.
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6.2.5 St Mary’s Primary School, Draperstown
It was
Proposed by Councillor B McGuigan Seconded by Councillor P McLean, and
Resolved : that a letter of congratulations be sent to St Mary’s Primary School, Draperstown in respect of the school winning the Best Kept School for the North Eastern Education and Library Board area at all levels.
6.2.6 O’Neill Park
Following a discussion in relation to the use of O’Neill Park, it was
Proposed by Councillor P J Bateson Seconded by Councillor Ms D Nί Shiadhail, and
Resolved : that a review of the strategy on Play Areas be carried out and a report brought to a future meeting of Council.
6.3 Adoption of the Report
It was
Proposed by Councillor P J Bateson Seconded by Councillor Ms D Nί Shiadhail, and
Resolved : that, in addition to the above items, the section of the Director’s Report marked “Items for Information” was noted.
6.4 Items for Decision
6.4.1 Environmental projects: Moykeeran Update
Following a discussion regarding former anti-social behaviour in Moykeeran and the funding applications for the location of art works in Draperstown, it was
Proposed by Councillor B McGuigan Seconded by Councillor Miss C Scullion, and
Resolved : that the Council approves the conversion of the ‘kick-about’ pitch at Moykeeran into a wildflower meadow. It was further resolved that an entrance feature should be developed for Moykeeran in conjunction with the PEACE III project for Art in Draperstown.
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6.4.2 Lease of the Fairhill, Draperstown
Following a discussion regarding the Fairhill area of Draperstown, it was
Proposed by Councillor B McGuigan Seconded by Councillor Ms D Nί Shiadhail, and
Resolved : that the Council write to the Manor of Drapers Charity with a view to leasing the area known as the Fairhill, Draperstown.
7 Policy and Development Department
Mrs Anne-Marie Campbell, Director of Policy and Development submitted the Policy and Development report for the month of June 2013 (copy previously circulated to each member).
7.1 Development Services
7.1.1 Events and Festivals Grants
Small Community grants
Following discussion it was
Proposed by Councillor B McGuigan Seconded by Councillor J J McPeake, and
Resolved: that the following groups be awarded grant funding as listed:
Name of Group Reason for Fail Tobermore Girls’ £500.00 Brigade King William III £500.00 Community Group Ballinacross LOL £500.00 Culnady Girls’ £500.00 Brigade
It was further resolved that the following application be rejected.
Name of Group Reason for Fail Carn Wheelers Failed to score over 60 Cycling Club
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Large Community grants
Following discussion it was
Proposed by Councillor B McGuigan Seconded by Councillor J J McPeake, and
Resolved: that: • £2,327.01 is reallocated from Small Community into Large Community Grants. • Approve the grant awards as detailed below. • The Large Community Grants fund is closed.
Name of Group Reason for Fail Megargy Cultural and £1,000.00 Community Group Tobermore Village Hall £1,000.00 Development Association Church Street £1,000.00 Community Association Upperlands Community £705.00 Development Ltd. AFA £622.99 Magherafelt and £1,000.00 District Cage Birds Society Watty Grahams GAC £1,000.00 Carntogher Community £1,000.00 Association CampaChormaicDhoire £1,000.00
Tourism event grants
Following discussion it was
Proposed by Councillor B McGuigan Seconded by Councillor P McLean, and
Resolved: that: • £2,500 is reallocated from Sporting Events into Tourism Events. • The grant awards as detailed below are approved.
6 • The Tourism Events Grant fund is closed.
Name of Group Reason for Fail Glasgowbury £2,500 Draperstown Traders £2,500 Magherafelt Arts Society CIC £2,500
7.1.2 Village and Towns Christmas Lighting Funding
Following discussion it was
Proposed by Councillor J J McPeake Seconded by Councillor Mrs E A Forde, and
Resolved: that a letter be sent to the groups who have received funding for village and towns Christmas lighting before and ask them to confirm if they can fulfil the requirements as set out in the letter from the Road Service. A reply would be required before October.
7.1.3 Duntibryan Fort
Following discussion it was
Proposed by Councillor P McLean Seconded by Councillor B McGuigan, and
Resolved: that Council approve to assert the access path to the above fort under the Permissive Path Agreement.
7.1.4 Rainey Street Revitalisation Project
Following discussion it was
Proposed by Councillor P McLean Seconded by Councillor Ms D Nί Shiadhail, and
Resolved: that a project proposal is prepared and submitted for the Rainey Street Revitalisation Project.
7.1.5 Queen Street Revitalisation Project
Following discussion it was
Proposed by Councillor Ms D Nί Shiadhail Seconded by Councillor Miss C M Scullion, and
Resolved: to approve grant funding of £5,000 to the Fashion House as requested. 7
7.2 Good Relations
7.2.1 Revenue Sports Grants
Following discussion it was
Proposed by Councillor J J McPeake Seconded by Councillor P J Bateson, and
Resolved: that Council approve the sports revenue grants as follows:
Name of Group Recommended Award
Michael Davitt GAC Camogie Club £500.00 (Swatragh) St Colms GAC Ballinascreen £500.00 (Hurling Team) Network Northern Ireland £500.00 Mid Ulster Amateur Swimming Club £500.00 Magherafelt Junior Netball £350.00 Derry GAA Owenbeg Centre of £7,652.00 Excellence, Dungiven
7.3 Peace III
7.3.1 Resource Allocations
Following discussion it was
Proposed by Councillor J J McPeake Seconded by Councillor P J Bateson, and
Resolved: that Council approve the above applications be submitted for consideration by the PEACE III Partnership and JCC
Magherafelt A two week Integration Summer Scheme Extravaganza
Magherafelt Partnership Proposal for Delivery of Peace Legacy Programme – Programme D
8 Magherafelt Lough Fea & Boleybrack – Upland Habitat Management for Grouse
Magherafelt Elderly Groups in Magherafelt & Monaghan
Magherafelt Ethnic Integration across Magherafelt District (revised proposal)
7.4 Cross Border
7.4.1 Decade of Commemorations
Following discussion it was
Proposed by Councillor J J McPeake Seconded by Councillor Mrs E A Forde, and
Resolved: that Council approve the of plan activities in Magherafelt District for the Decade of Commemorations as presented in the report.
7.5 Following discussion it was
Proposed by Councillor Mrs E A Forde Seconded by Councillor P J Bateson, and
Resolved: that the Policy and Development report be approved as submitted.
8 Statutory Transition Committees
8.1 Submitted the draft regulations that would establish Statutory Transition Committees, once adopted by the Assembly (copy circulated to each Member).
Noted.
8.2 Nominations to the new Statutory Transition Committee
The Chief Executive advised Members that the Council required to make five nominations. There would be fifteen members in total, five from each of the three Councils.
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8.2.1 During discussion Councillor J Campbell enquired if the STC would have the same obligations as the VTC regarding RPA and enquired about those who had been elected in connection with RPA at the 2011 Annual Meeting. He further enquired about the usage of d’Hondt and if the Council would be continuing from where they had left off in June 2011.
8.2.2 The Chief Executive stated that his list indicated that Members had been elected to positions since 2011 and the list now showed that the Council would be starting from position 109 on the list.
8.2.3 Following further discussion, Councillor J J McPeake stated that the Council should start at the beginning at Places 1 to 5 which meant that there would be four Sinn Fein nominations a 1 DUP nomination and that the appointments to Statutory Transitions Committees had to be by the d’Hondt system.
8.2.4 It was pointed out that perhaps there were anomalies which Sinn Fein had not fully agreed with.
8.2.5 Councillor P McLean stated that Sinn Fein had changed the rules to make positions stack-up. He requested that such a decision be checked out and he wanted a legal opinion. He said that he could not agree with the decision to nominate four Sinn Fein Members and 1 DUP Member to the Voluntary Transition Committee.
8.2.6 Councillor McPeake detailed the position regarding the nominations to the Statutory Transition Committee and said that that body had been restructured and the onus was on Councils to select members to local Statutory Transition Committees and they were some six to eight months overdue. The Voluntary Transition Committees had stood down and the new STCs had been delegated powers to make decisions. Councils were required to nominate Members to STCs by the d’Hondt system and he suggested that the Council start at number one.
8.2.7 Councillor McLean stated that the whole nomination situation stank. He was very unhappy with the situation.
8.2.8 It was
Proposed by Councillor J J McPeake Seconded by Councillor P J Bateson
That the Council nominate its five representatives to the Statutory Transition Committee by d’Hondt starting at the beginning (No.1) and that would be four members from the Sinn Fein grouping and one Member from the DUP grouping – positions 1-3 – Sinn Fein, position 4 – DUP and position 5 – Sinn Fein.
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Amendment
8.2.9 It was
Proposed by Councillor J Campbell Seconded by Councillor P McLean
That the five positions to the Statutory Transition Committee be allocated from Position 109.
8.2.10 On a vote being taken 6 Members voted for 8 Members voted against (voting being by show of hands). The Chairperson declared the Amendment lost.
8.2.11 Councillor P McLean requested a recorded vote on the original motion.
Councillors P J Bateson, Mrs C Elattar, Mrs K A McEldowney, B McGuigan, J J McPeake, Mrs D Nί Shiadhail, Miss C Scullion and Mrs P Smith (8 votes).
Councillors T J Catherwood, J Crawford, Mrs E A Forde, P McLean and G C Shiels voted against (5 votes).
Councillor J Campbell abstained.
The Chairperson declared the motion carried.
8.2.12 Councillor P McLean requested that the Chief Executive obtain a legal opinion regarding the resetting of the d’Hondt voting mechanism.
Noted.
9 International Appalachian Trail
Further consideration was given to the letter from the Northern Ireland Environment Agency seeking the Council’s agreement to a number of issues in order that the IAT could be launched by the Department of the Environment and promoted in Northern Ireland (copy of letter previously circulated to each Member).
The Chief Executive advised that there were three issues –
1. Route to be re-branded 2. Application for funding 3. Nominate one representative from Magherafelt District Council on to the Northern Ireland International Appalachian Trail Working Group
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Following discussion Members agreed that they had no issues with the route being renamed. However, the Council was not willing to act as lead applicant and administrator on behalf of one or more Councils on the route if any projects associated with the route were proposed to be developed.
The Council could not agree to nominate a delegate to serve on the NI IAT Working Group until the difficulty with the Council’s Hondt voting list was resolved.
10 Payment of Accounts
10.1 Submitted Statement of Expenditure setting out payments to be authorised by the Council (on the fourth Tuesday in June 2013) (copy circulated to each Member). The statement made provision for £167,390.28 out of the Revenue Account and £nil out of the Capital Account.
10.2 It was
Proposed by Councillor Miss C M Scullion Seconded by Councillor B McGuigan, and
Resolved: to approve the Statement of Accounts as submitted for the fourth Tuesday in June 2013.
11 Licences/Registrations
11.1 Outdoor Entertainment Licences Submitted the following applications for Outdoor Entertainment Licences which were in order and recommended for granting pending favourable reports being received before the event date.
OE1 The Pit, Feeny Road, Moneyneany, Draperstown – Glasgowbury Music Group
OE4 Outdoor Entertainment, adjacent to 116 Hillhead Road, Castledawson – Colm & Alocoque Diamond
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11.1.1 It was
Proposed by Councillor Ms D Nί Shiadhail Seconded by Councillor Mrs K A McEldowney, and
Resolved: to grant the applications for Outdoor Entertainment Licences as submitted pending favourable reports being received before the event date.
11.2 Entertainment Licence - Marquee
Submitted the following application for an Entertainment Licence:
OE5 Marquee adjacent to Brysons’ Bar & Restaurant 24-28 Union Road, Magherafelt - Mr Niall Peter Bryson
The Chief Executive advised that the application depended on favourable reports being received from the Fire Authority and receiving all required documentation and Council approval before the event to take place from 2–4 August 2013. Police objections had been received regarding this application.
11.2.1 After discussion, it was
Proposed by Councillor Ms D Nί Shiadhail Seconded by Councillor Mrs K A McEldowney, and
Resolved: to grant the application for an Entertainment Licences as submitted pending favourable reports being received from the Fire Authority and receiving all required documentation before the 2 August 2013.
11.3 Street Trading Licences
Submitted the following application for the renewal of a Street Trading Licence:
ST.22 Mr David Lindsay, 66 Grove Road, Garvagh Grillagh Picnic Area, Moneysharvin Road, Maghera
11.3.1 It was
Proposed by Councillor P J Bateson Seconded by Councillor B McGuigan, and
Resolved: to grant renewal for a Street Trading Licence, as submitted. 13
11.4 Submitted the following application for a Street Trading Licence:
M5 Mr Robert Attlas, 78 Sunningdale Park, Ballymena Glenone, Clady, Maghera, Bellaghy, Castledawson
11.4.1 It was
Proposed by Councillor P J Bateson Seconded by Councillor B McGuigan, and
Resolved: to grant a Street Trading Licence, as submitted.
11.5 Licensing Northern Ireland Order 1996
Notice for Application for an Occasional Licence
Submitted Notice of Application for an Occasional Licence under the Licensing Northern Ireland Order 1996 for information:-
Joe Gormley, Main Street, Maghera for St Martin’s GAC, Desertmartin for a function on 29 June 2013.
Noted.
12 Tenders
Consideration was given to the following tender reports (copies previously circulated to each Member).
12.1 Tender Report: Reconstruction of Depot Access Road
It was
Proposed by Councillor P McLean Seconded by Councillor P J Bateson, and
Resolved : that Council approves the award of the tender for the Reconstruction of the Depot Access Road as received from F P McCann Ltd in the sum of £43,433.11 (forty three thousand four hundred and thirty three pounds and eleven pence excluding VAT).
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12.2 Tender Report: Drainage Works: Cahore Road Soccer Pitch, Draperstown
It was
Proposed by Councillor P McLean Seconded by Councillor B McGuigan, and
Resolved : that Council endorses the award of the tender for the Drainage Works at No.1 Soccer Pitch, Cahore Road, Draperstown as received from Irwin Ground Works in the sum of £22,659.80 (twenty two thousand six hundred and fifty nine pounds and eighty pence excluding VAT).
13 Consultation Documents
Submitted the following consultation documents:
13.1 Proposals for an Environmental Better Regulation Bill prepared by the Department of the Environment seeking comments by 24 July 2013.
13.2 Proposed updates to Northern Ireland Credit Unions and Industrial and Provident Societies Legislation prepared by the Department of Enterprise, Trade and Investment seeking comments by 6 September 2013.
13.3 It was agreed that if any Member or Party Grouping wished to comment on the document they should forward their comments to the Chief Executive who would arrange to have them forwarded to the appropriate body.
14 Roads Service
Consideration was given to the following letters:
14.1 Proposed disabled persons’ parking bay at Bridge Street, Castledawson (details previously circulated to each Member).
Noted.
14.2 Traffic calming proposals for William Court, Bellaghy (details previously circulated to each Member).
14.2.1 Members raised no issues.
15 14.3 Letter from the Private Secretary to Danny Kennedy MLA addressed to Magherafelt Chamber of Commerce regarding a request for a reduction in car parking charges for Magherafelt (copy circulated to each Member).
14.3.1 The letter intimated that since the meeting in Magherafelt on 28 February 2013, officials had undertaken a preliminary consultation exercise on the proposed extended duration for on-street parking to which no objections were received, and were now in the process of making the necessary legislative changes in the form of a new on-street parking order. It was hoped that the new arrangements would be in operation by October 2013.
14.3.2 The survey revealed:
• Central car par – 40% occupied • Union Road car park – 85% occupied; and • Rainey Street car park – 70% occupied
which showed that occupancy levels were above 70% and shoppers did find it increasingly difficult to find short duration parking space. Therefore the Minister intended to reduce the tariff in Central car park to 40p for three hours, but the tariffs at Union Road and Rainey Street would remain at the current levels.
14.3.3 The content of the letter was noted.
15 Water (Northern Ireland) Order 1999
Consideration was given to an application received by the Department for Northern Ireland Water to review the existing consent for Upperlands Collection System (previously circulated to each Member).
Noted.
Resolution to Proceed “In Committee”
It was
Proposed by Councillor Ms D Nί Shiadhail Seconded by Councillor P J Bateson, and
Resolved: that the Council proceed “In Committee”.
Council “In Committee”
16 16 Minutes of Special Meetings
This item was taken “In Committee”.
17 North West Region Waste Management Group
This item was taken “In Committee”.
18 Irish Language Policy
This item was taken “In Committee”.
19 Staff Matters
The Chief Executive advised that there were no staff matters.
20 Legal Matters
This item was taken “In Committee”.
Resolution to Proceed in “Open Council”
It was
Proposed by Councillor B McGuigan Seconded by Councillor Ms D Nί Shiadhail, and
Resolved: that proceedings be resumed in “Open Council”
Proceedings in “Open Council”
It was
Proposed by Councillor B McGuigan Seconded by Councillor Ms D Nί Shiadhail, and
Resolved: that the foregoing proceedings of the Council “In Committee” be and they are hereby approved and adopted.
17 21 Sealing of Documents
There were no items for sealing.
22 Items for Information
Copy of Reform Inform (copy circulated to each Member).
23 Congratulations
23.1 The Chairperson, Councillor Mrs C Elattar congratulated Councillor Miss C M Scullion on her forthcoming wedding in July and wished her, on behalf of the Council, all the very best for her future.
23.2 Mrs Claire McAllister, District Environmental Health Officer and her husband Vincent were also congratulated on the birth of a son.
24 Members’ Room
Councillor P McLean raised the issue of the furnished Members’ Room not having been vacated by the Sinn Fein grouping after the Council’s Annual Meeting.
He said that it was understood that when a Sinn Fein Chairperson had been elected, the Sinn Fein members would use the Chairperson’s office. The DUP would vacate the Chairperson’s office and then they and other members would use the Member’s room. Councillor McLean pointed out that this had not happened and Sinn Fein members were still using the newly furnished room on the first floor. This meant that two rooms were now being manned by the one party and the DUP and other groupings had no place to meet in the Council Offices, particularly prior to or after Council meetings. He further stated that all parties were not being treated with the same equality.
Councillor J J McPeake suggested that a second room be set aside for members to use but emphasised that no party had priority regarding the occupancy of either room.
The meeting concluded at 9.45 pm.
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Chief Executive
The foregoing Minutes are hereby confirmed.
______(Chairperson)
______(Date)
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