MAGHERAFELT DISTRICT COUNCIL
Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 15 June 2010. The meeting commenced at 7.30 pm.
Presiding: Mrs E A Forde
Other Members Present: P J Bateson J Campbell T J Catherwood P E Groogan O T Hughes J F Kerr Miss K A Lagan Mrs K A McEldowney P McLean J J McPeake I P Milne G C Shiels
Apologies: J Crawford Rev Dr R T Wm McCrea MP Miss B Scullion
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) M Dale (Deputising for Chief Executive’s Secretary)
Representatives from Other Bodies in Attendance
Environmental Youth Speak: Emir McElwee - St Pius X Faoiltiarna Burke – St Bridget’s Primary School, Tirkane
DoE Planning Service: Mr Melvin Bowman – Planning Officer
1 Minutes
2 1.1 Minutes of Meeting of the Council held on Tuesday, 11 May 2010
1.1.1 It was
Proposed by Councillor I P Milne Seconded by Councillor J Campbell, and
Resolved: that the Minutes of the Council Meeting held on Tuesday, 11 May 2010 (copy previously circulated to each Member) be taken as read and signed as correct.
1.2 Minutes of Special Meeting of the Council held on Thursday, 3 June 2010
1.2.1 It was
Proposed by Councillor P McLean Seconded by Councillor T J Catherwood, and
Resolved: that the Minutes of the Special Council Meeting held on Thursday 3 June 2010 (copy previously circulated to each Member) be taken as read and signed as correct.
2 Matters Arising Out of the Minutes
2.1 There were no matters arising.
3 Message of Sympathy
3.1 Councillor P McLean requested that a message of sympathy be extended from the Council Members to Mr Stanley Campbell, Journalist at The Mid-Ulster Mail, on the recent death of his mother.
Unanimously agreed.
4 Environmental Youth Speak
Emir McElwee from St Pius X School and Faoiltiarna Burke of St Bridget PS Tirkane individually addressed the Council, giving the presentations with which they had each won while participating in their respective categories during the recent NI Environmental Youth Speak Competition.
The Chairperson congratulated both participants on their individual achievement and presented each with a gift in recognition of their success. 3
5. Building Control Department
5.1 The Director of Building Control presented the Department’s report for the period 1 May 2010 to 31 May 2010 (copy previously circulated to each Member)
5.2 During this period twenty-seven applications have been recommended for approval and one hundred and forty-four applications required amending by Architects and Agents before granting approval.
5.3 Rejections
During the period of this report the department recommended 4 Rejections to be issued.
5.4 Applications for Notices and Regularisations
During the period from 1 May 2010 to 3l May 2010 there were two Regularisations and one Notice issued.
5.5 Building Regulations Inspections
During the period from 1 April 2010 to 30 April 2010 fifty-nine applications commenced on site and thirty-seven applications were found to be complete in accordance with Building Regulations.
The department carried out 301 inspections this month.
5.6 Petroleum Legislation
Annual Re-Licensing Applications
During the period of this report eleven re-licensing inspections have been carried out.
5.7 Naming and numbering of Streets
During the period from 1 April 2010 to 30 April 2010 thirty new Postal Numbers and Postcodes were issued for private dwellings.
5.8 Property Certificates
There were thirty-seven Property Certificates issued for this period.
On consideration
It was 4
Proposed by Councillor T J Catherwood Seconded by Councillor P McLean, and
Resolved: to adopt the report as submitted.
6. Licenses and Registrations
6.1 Entertainments Licences :
Submitted the following applications for an Entertainments Licence which were recommended for renewal:
E.37/10 Ardtara Country House 8 Gorteade Road, Upperlands Dr A Hanna
E.115/11 Diamond Bar 9 Main Street, Tobermore Mr Walter L Richardson
E.8/10 Tobermore Football Club, Maghera Road, Tobermore Mr T Cassidy
6.1.1 It was
Proposed by Councillor Miss K A Lagan Seconded by Councillor P E Groogan, and
Resolved: to approve the applications as submitted.
6.2 Outdoor Entertainments Licence :
Submitted the following applications for an Outdoor Entertainments Licence which was recommended for approval:
O.E./1/10 The Pit, Feeney Road, Draperstown Glasgowbury Music Group
6.2.1 It was
Proposed by Councillor O T Hughes Seconded by Councillor Miss K A Lagan, and
Resolved: to approve the application subject to satisfactory reports from all departments being received.
6.3 Petroleum Licences:
5 Submitted the following applications for Petroleum Licences which were in order and recommended for Renewal:
P.11/10 Bradleys Filling Station 57, Tobermore Road, Desertmartin Mr F P Bradley
P.60/10 Bradleys Service Station, 19 Coleraine Road Maghera Mr Kieran Bradley
P.03/10 Centra Filling Station, 40 Ballyronan Road, Magherafelt Mr Brian McNicholl
P.82/10 Ecotech Services, 62 Church St, Magherafelt Mr Darren Gass
P.50/10 Glen Road Service Station, 48 Glen Road, Maghera Mr M G Laverty
P.100/10 Glenshane Tourist Services, 31 Glenshane Road, Maghera Mr J Molloy
P.12/09 Henry Bros Magherafelt, 108-114 Moneymore Road, Magherafelt – Ms Hazel Young
P.37/10 Heron Bros, 2 St Patricks Street Draperstown Messrs Heron Bros
P.06/10 Highfield Service Station, 55 Moneymore Road, Magherafelt Mr Kenny Bradley
P.30/10 Hillside Filling Station, 16-18 William St Bellaghy Mr Dermot O’Kane
P.57/10 McCann Service Station, 34 Clady Road, Portglenone Mr Laurence O’Kane
P.58/10 McSorley Bros, 8 Tobermore Road, Draperstown Mr Thomas J McKenna
P.28/10 O’Kane Cars Ltd, 150 Hillhead Road, Castledawson Mr J O’Kane
P.93/10 PSNI Magherafelt, C/o Transport Services, 151 Belfast Road, Ms Jennifer Junkin
P.75/10 Stockmans Filling Station, 10 Maghera Road, Tobermore Mr H Marshall
6.3.1 On consideration it was
PROPOSED by Councillor P McLean 6 Seconded by Councillor T J Catherwood, and
RESOLVED: that the applications as submitted be renewed.
6.4 Approval of a Place for Marriage
Submitted the following applications for an Approval for a Place of Marriage which was in order and recommended for approval:
‘Millbrook’ 51Castledawson Road, Magherafelt Ardtara Country House 8 Gorteade Road, Upperlands
6.4.1 On consideration it was
Proposed by Councillor J J McPeake Seconded by Councillor O T Hughes, and
Resolved: to approve the applications as submitted.
7 Planning Service 185/06/2010
7.1 New Planning Applications:
H/2007/0380/F – Kamack Development Ltd Deferred - no decision would be issued until a meeting was held with NI Water on 29 June. If no further comments made by 29 th it was agreed to issue decision of Approval.
H/2008/0379/F – Mr K Taylor Approval.
H/2009/0075/F – Creagh Concrete Products Approval.
H/2009/0736/F – Mr H McGlone Approval
H/2010/0065/F – Mr S Elliott Deferred to allow applicant to consider alternative means of sewage disposal.
H/2010/0099/O – F O’Loughlin Esq Deferred for an Office Meeting on the request of Councillor Miss K A Lagan, who handed a letter of submission to the Planning Officer.
H/2010/00117/F – Mr P Toner Deferred for an Objector’s Meeting on the request of Councillor J J McPeake. 7
H/2010/0120/A – Mr P Forbes Deferred for an Office Meeting on the request of Councillor J Campbell who handed a letter of submission to the Planning Officer.
H/2010/0128/F – J Toner Deferred for an Office Meeting on the request of Councillor Miss K A Lagan, who handed a letter of submission to the Planning Officer.
H/2010/0129/LB – Mr G O’Brien Approval
H/2010/0141/O – Ms K McIvor Approval
H/2010/0142/F – G O’Brien Approval
H/2009/0145/F – Mr J Scullion Deferred for an Office Meeting on the request of Councillor P E Groogan. Councillor Miss K A Lagan asked to be included in the Meeting.
H/2010/0148/O – Mr M McKenna Deferred for an Office Meeting on the request of Councillor P E Groogan, who handed a letter of submission to the Planning Officer.
H/2010/0158/O – Mr M McCullagh Deferred for an Office Meeting on the request of Councillor O T Hughes, who handed a letter of submission to the Planning Officer.
H/2010/0174/O – Mr B McCusker Deferred for an Office Meeting on the request of Councillor Miss K A Lagan, who handed a letter of submission to the Planning Officer.
H/2010/0179/F – Mr L Richardson Approval
H/2010/0183/O – Mr D McEldowney Deferred for an Office Meeting on the request of Councillor O T Hughes, who handed a letter of submission to the Planning Officer.
H/2010/0193/F – Mr C Molloy Deferred for an Office Meeting on the request of Councillor J J McPeake, who had previously emailed a letter of submission to the Planning Officer.
7.1.1 Applications Deferred from Previous Meeting:
H/2007/1013/F – K Burns 8 Approval
H/2008/0183/F - G McFadden Automatic deferral with no office meeting to allow reassessment under PPS21.
H/2008/0186/O – Mr D Fulton Refusal
H/2008/0626/F – Mr P McKaigue Approval
H/2009/0299/F – Ballymac Properties Approval
H/2009/0300/F – M Kearney Approval
H/2009/0650/F – Mr Michael & Mrs Celine McLarnon Approval
H/2009/0710/O – Mr I Hopper Automatic deferral with no office meeting to allow reassessment under PPS21.
H/2009/0720/F – Mr M & E McNamee Deferred for Office Meeting requested by Councillor P E Groogan under PPS21. Councillor Groogan stated that Ward Design would be in contact with the Planning Officer.
H/2010/0014/O – Mr J Kennedy Deferred for an Office Meeting on the request of Councillor Miss K A Lagan.
H/2010/0049/F – Mr R Fullerton Deferred for an Office Meeting on the request of Councillor Mrs A E Forde. Councillor J J McPeake requested to be included at the meeting.
H/2010/0059/F – Mr J Agnew Deferred for an Office Meeting on the request of Councillor J J McPeake.
7.1.2 It was
Proposed by Councillor P E Groogan Seconded by Councillor K A Lagan, and
Resolved: to adopt the Planning Schedule dated 15 June 2010 subject to the above conditions and amendments.
7.2 Addendum to the main Council Schedule - late item received from the Planning Office. 9
H/2009/0662F – Creagh Concrete
Following a short discussion:
7.2.1 It was
Proposed by Councillor O T Hughes Seconded by Councillor P McLean, and
Resolved: that the Council accept the Planning Service’s recommendation that the application be approved.
7.3 Streamlined Consultation Decisions
Submitted schedule of Streamlined Consultation Decisions issued for January 2010 (copy previously circulated to each Member).
Noted.
7.4 Opposition to development plans for 13 acres at Moneymore Road, Magherafelt, by Merit Investments & Properties
Submitted letter and petition from concerned residents in Morgans Close, Sherbourne and Lester Gardens, requesting the opportunity to make representation at the next Council Meeting re the proposed development plans for 13 acres at Moneymore Road, Magherafelt by Merit Investments and properties.
The Chief Executive stated that he had replied to some of the petitions and had advised the signatories that the Council would not in all likelihood make a decision on the application without giving the objectors the opportunity to make a presentation to the Council. He further stated that all the material required for the Planning application had not yet been submitted to the Planning Service, i.e. traffic impact assessments, etc and consequently, the objectors would be better informed and their presentation would be more relevant if it was left to a time closer to when the planners would submit their recommendation to Council.
7.4.1 It was
Proposed by Councillor J J McPeake Seconded by Councillor P McLean, and
Resolved: that the objectors be given an opportunity to make a presentation closer to the time when the Planning Service is expected to make a recommendation regarding the above application.
7.5 Planning Applications processed under PPS 21 “Sustainable Development in the Countryside.” 10
Submitted letter from the Planning Service re Planning Applications processed under PPS21 “Sustainable Development in the Countryside”.
Members noted that this was the methodology by which any applications which had been deferred under PPS 21 would be processed.
7.6 Herbal Restaurants Ltd – Application Ref H/2010/0012/A Appeal Ref H/2010/0012/APP
Submitted a letter from Planning Service Headquarters advising Council that Herbal Restaurants Ltd had lodged an appeal with the Planning Appeals Commission under Article 33 of the Planning (Northern Ireland) Order.
Noted
7.7 The Chief Executive advised there would be no Council Meeting in July.
Following a short discussion:
7.8.1 It was
Proposed by Councillor P McLean Seconded by Councillor Miss K A Lagan, and
Resolved: that the Council would accept a non-contentious list of approvals in July and gave authority for the Planning Service to issue same.
The Planning Officer retired from the meeting at 8.15p.m.
8 Environmental Health Department 196/06/2010
8.1 Mr M. Young, Director of Environmental Health submitted the report for the month of May 2010 (copy previously circulated to each Member).
8.2 PUBLIC HEALTH (IRELAND) ACT 1878 PRIVATE TENANCIES (NORTHERN IRELAND) ORDER 2006
It was reported that following an inspection of a property at 41 Ballyscullion Road, Bellaghy it had been ascertained that the property failed to meet the fitness standard and that service of notices under the Public Health (Ireland) Act 1878 and the Private Tenancies (Northern Ireland) Order 2006 was considered the most satisfactory method to remedy the situation.
11 8.2.1 It was:
Proposed by Councillor T J Catherwood Seconded by Councillor I P Milne, and
Resolved: that, a Public health notice under the Public Health (Ireland) Act 1878 and an unfitness notice under the Private Tenancies (Northern Ireland) Order 2006 be served on the owner of property located at 41 Ballyscullion Road, Bellaghy to remedy defects giving rise to conditions prejudicial to health and to ensure the property meets the fitness standard.
8.3 FOOD SERVICE PLAN REVIEW 2009/2010
8.3.1 It was:
Proposed by Councillor P E Groogan Seconded by Councillor I P Milne, and
Resolved that the Food service plan review for 2009/2010 be noted and approved
FOOD SERVICE PLAN 2010/2011
8.3.2 It was:
Proposed by Councillor P E Groogan Seconded by Councillor I P Milne, and
Resolved that the Food service plan for 2010/2011 be noted and approved
Councillor Miss K A Lagan referred to a meeting of the fuel poverty working group and the continuing work of that group. She advised Members of the high level of sales of oil stamps under the Council scheme since it’s inception and praised the work of the Environmental Health department and in particular Mrs J. Loughry-Robinson for maintaining the scheme. Councillor Miss Lagan also referred to the need for continued raising of public awareness of grant schemes and information provision, and proposed that Council make £500 available specifically for publicity and awareness raising including the printing of material
After due discussion
8.3.3 It was:
Proposed by Councillor J F Kerr 12 Seconded by Councillor Mrs K A McEldowney, and
Resolved: that Council, having considered that
1 The expenditure would bring direct benefit to the Council, or its District or the inhabitants of its District or any part of its District, and 2 Under Section 115 (3) (b) the direct benefit accruing to its District or to the inhabitants of its District or any part of its District would be commensurate with the payments to be made and also that the total payments made by the Council under Section 115 (2) in one financial year would not exceed the amount allowable under that Section,
would approve that £500 be allocated for the specific purpose of Fuel Poverty publicity and awareness raising activities under Section 115 of the Local Government Act (NI) 1972 in the financial year 2010/11.
8.4 It was:
Proposed by Councillor P McLean Seconded by Councillor T J Catherwood, and
Resolved: that Council adopt the report, which was for information
9 Operational Services Department 322/06/2010
9 OPERATIONAL SERVICES DEPARTMENT
Submitted report by the Director of Operations for the month of May 2010 (copy circulated to each Member)
9.1 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.
9.2 Operational Services: Items for Information
9.2.1 Newferry Picnic Area
During the presentation of the Director’s Report the Director detailed the issue of recent anti-social behaviour including vehicles carrying out power circles at the Council’s Newferry Picnic Area.
Following a discussion it was
PROPOSED by Councillor J Campbell Seconded by Councillor I P Milne, and
Resolved : That a meeting be convened by the and the Chair of the District Policing Partnership Director of Operations, to which any 13 Councillor may attend, with the PSNI in respect of what actions can be taken to prevent a continuation of the practices, including power circles, as detailed in the Directors Report and as discussed.
9.2.2 Northern Ireland Landfill Allowance Scheme
Following the presentation of the item in the Director’s report regarding the Council’s improved performance in relation to landfill allowances and recycling rates a discussion took place regarding the issue of cross- subsidisation between Councils in relation to Landfill Allowances. Whilst it is the individual Council’s who should be held to account for poor performance in relation to the achievement of NILAS targets the figures are ‘rolled up’ into waste management group totals and a Northern Ireland total. As a consequence the Council’s who failed to meet their individual targets in 2009/2010 were effectively being ‘bailed out’ by those Councils who had performed well and exceeded their targets. The issue of Landfill Permits and the Trading of such surplus Permits was discussed. In this respect it was noted Northern Ireland was out of sync with other jurisdictions within the United Kingdom.
It was
PROPOSED by Councillor J J McPeake Seconded by Councillor J F Kerr, and
Resolved : That the Chief Executive draft a letter to the Chief Executive of NILGA raising the concerns of the Council in relation to the lack of landfill permit trading and as a consequence what effectively amounts to the cross subsidisation of the poorer performing Council’s by the better performing ones.
9.2.3 Following the presentation of this section of the Directors Report
It was
PROPOSED by Councillor J J McPeake Seconded by Councillor P J Bateson, and
Resolved : That, in addition to the above items, the section of the Directors Report “Items for Information” be noted.
9.3 Technical Services: Items for Decision
9.3.1 Bi-Lingual Street/Road Nameplates: Request for Survey
It was
PROPOSED by Councillor P J Bateson, Seconded by Councillor J F Kerr and
14 Resolved: That the Council would survey the residents living on Manor Place, Manor Park, Derramore Heights and Meadowbank Drive, all Magherafelt with regards to the erection of a bi-lingual street/road nameplates on those roads/streets.
9.3.2 Northern Ireland Rethink Waste Fund 2010-2011
It was
PROPOSED by Councillor J J McPeake Seconded by Councillor P E Groogan and
Resolved: That the Director of Operations should develop and submit bids in relation to the recently launched Northern Ireland Rethink Waste Fund in line with the approach outlined in the Director’s Report.
10 Development department
10.1 Mrs Anne-Marie Campbell, Head of Policy/Implementation submitted the Development report for the month of May 2010 (copy previously circulated to each member)
10.2 Community Services
10.2.1 Events and festivals grants
Councillor G C Shiels declared an interest in this item.
Following discussion it was-
Proposed by Councillor P McLean Seconded by Councillor Mrs E A Forde; and
Resolved: that • £7,310.62 is reallocated from the Tourism events grant programme to the Community events, festivals and initiatives grants programme. • Grant funding is awarded to the following applicants at the amount listed below. • The community events, festivals and initiatives grant fund is now closed.
Name of Group Award Desertmartin GAC £1,500 Methodist Youth Project £1,500 Dunamoney Community £1,498 Group Newbridge GAC £1,500 15 Name of Group Award Greenlough GAC £925 Ballinascreen GAC £1,500 Magherafelt Cage Birds £1,430 Society O'Donovan Rossa GAC £1,500 St Malachy's GAC £1,500 Loughinsolin Cultural Music £1,200 Group Cranny Cultural& £1,400 Community Group Michael Davitt Gaelic £1,500 Athletic Club Curragh Hall Development £1,500
10.3 Requests for Letters of Support for proposed new accommodation
Following discussion it was-
Proposed by Councillor P McLean Seconded by Councillor T J Catherwood; and
Resolved : that Council issue a letter of support for two proposals as follows: • 2 self catering units which are farm building conversions in an ‘Old Irish Style’ by a Mr. Robert Hugh Watterson, 30 Mulderg Road, Magherafelt and • Conversion of old farm buildings to accommodate self catering visitors from Sandra Hyndman of 16 Curragh Road, Maghera, Co. Londonderry
10.4 Good Relations
10.4.1 Sports Capital Grants
Councillor J J McPeake and Councillor O T Hughes declared an interest in this item.
Following discussion it was-
Proposed by Councillor P J Bateson Seconded by Councillor P E Groogan; and
Resolved: that Grant funding is awarded to the following applicants at the amount listed below. 16
Name of Club Award (£) Watty Graham’s GAC, Maghera 9,133 St Oliver Plunkett’s GAC, Greenlough 9,133 St Malachy’s GAC, Castledawson 9,133 Wolfe Tones GAC, Bellaghy 9,133 O’Donovan Rossa GAC, Magherafelt 9,133 St Martins GAC, Desertmartin 9,133 Michael Davitt GAC, Swatragh 9,133 Erins Own GAC, Lavey 6,930 Emmets GAC, Slaughtneil 9,133
10.4.2 Sports Revenue Grants
Following discussion it was-
Proposed by Councillor O T Hughes Seconded by Councillor P McLean; and
Resolved: that Grant funding is awarded to the following applicants at the amounts listed.
10.4.2.1 Sportsperson / Team Representative Grant
Name of club Award (£) Emmet’s GAC Slaughtneil 1,000 Ballinascreen Camogie Club 1,000 Michael Davitt GAC Swatragh 1,000
10.4.2.2 Sporting Event Grant
Name of club Award (£) Moyola Park Football Club (youth) 500 Newbridge Camogie Club 496
10.4.2.3 Revenue Sports Grants
Name of club Award (£) 17 Rainey Rugby Football Hockey Club 1,000 St John’s Amateur Boxing Club, 976 Swatragh
10.4.2.4 Sports Club Competitive Grant
Name of club Award (£) Moyola Park Football Club (youth) 1,000
10.4.2.5 Sports Club Elite Coaching Grant
Name of club Award (£) Derry County Board 13,374
10.5 Policy
10.5.1 It was
Proposed by Councillor O T Hughes Seconded by Councillor J J McPeake; and
Resolved: that the Council’s annual review of the Corporate Plan for 2009/10 and the review of the Council’s risk register are approved.
10.6 PEACE III
10.6.1 It was
Proposed by Councillor J J McPeake Seconded by Councillor P McLean; and
Resolved : that the contract to assist with the consultation, research and drafting of the SW Cluster PEACE III Phase II Action Plan is awarded to Blu Zebra at a cost of £11,825.
10.7 It was
Proposed by Councillor O T Hughes Seconded by Councillor J J McPeake; and
Resolved: that the report for the development department as submitted be adopted.
11 Payment of Accounts 06/2010
18 Submitted Statement of Expenditure setting out payments to be made during the month of June 2010 (copy circulated to each Member).
11.1 The statement made provision for £952,260.21 out of the Revenue Account and £299,856.25 out of the Capital Account.
11.2 It was
Proposed by Councillor J F Kerr Seconded by Councillor P McLean, and
Resolved : to approve the Statement of Accounts as submitted for June 2010.
11.3 The Chief Executive advised there would be no Council Meeting in July and asked for permission to issue the July payments.
On consideration:
It was
Proposed by Councillor J J McPeake Seconded by Councillor P McLean, and
Resolved : that the Chief Executive be authorised to approve Payment of Accounts for July 2010.
12.1 Bank Mandates:
Consideration was given to the change in signatories on the Chairman’s and Vice-Chairman’s Accounts:
12.1.1 Chairperson’s Account:
It was
Proposed by Councillor P E Groogan Seconded by Councillor O T Hughes, and
Resolved: to approve the change in signatories to the Chairperson’s Account to any of the following – Mr John A McLaughlin, Mr J J Tohill and the Chairperson, Councillor Mrs E A Forde with immediate effect .
12.1.2 Vice-Chairperson’s Account: 19
It was
Proposed by Councillor P E Groogan Seconded by Councillor O T Hughes, and
Resolved: to approve the change in signatories to the Vice- Chairperson’s Account to any of the following – Mr John A McLaughlin, Mr J J Tohill and the Vice-Chairperson, Councillor J F Kerr with immediate effect.
13 TENDERS
13.1 Purchase of one 7.5 tonne Refuse Collection Vehicle
Following discussion
It was
PROPOSED by Councillor P J Bateson, Seconded by Councillor J F Kerr and
Resolved : That the Council approves the selection and purchase of one 7.5 tonne Refuse Collection Vehicle (a MacPak body on a Daf Chassis) from Stewart Commercials Ltd in the sum of £57,240.00 (fifty seven thousand, two hundred and forty pounds only) as tendered.
The Director of Operations sought the approval of the Chairperson in relation to two further Tender Reports.
Following consideration the Chairperson granted the approval sought.
13.2 Treatment & Co-Disposal of Residual Municipal Waste Following agreement at the Party Leaders meeting of 17 May 2010 an ‘Expression of Interest’ advert was placed in the Belfast Telegraph on Friday 21 May 2010.
By the time of the closing date for responses (4pm on Friday 4 June 2010)
Six Expressions of Interest had been received:
1. City Waste, 60 Mobouy Road, Campsie, L’Derry 2. Grogan Quarries Ltd, 154 Termon Road, Carrickmore, Co. Tyrone 3. McKinstry Skip Hire Ltd, 81-83 Belfast Road, Nutts Corner, BT29 4TL 4. Natural World Products Ltd, 91 Moy Road Portadown 5. Re-Gen Waste Ltd, Shepherds Drive, Carnbane, Industrial Estate, Newry 6. Wastebeater Recycling, Blackstaff Road, Kennedy Way Industrial Estate, Belfast 20
As a result a Company Questionnaire has now been issued to the six interested parties to ensure that they have the capability and capacity to handle 10,000 tonnes per annum of residual waste and to delivery a waste diversion figure of 50% with a minimum of 25% recycling.
Further checks, including financial viability checks, will now be carried out on the above companies prior to a request for them to submit their scale of charges.
A closing date of 2 July 2010 has been set for the companies to return the completed Company Questionnaire: failure to submit or to satisfactorily complete the Company Questionnaire would constitute grounds for exclusion from the tender exercise.
The Department will also make available to the organisations Invited to Tender sample loads of our black bin/residual waste in order to allow them to form a view on whether they can achieve the required diversion figures.
Given that the Council will not meet in July and that we would like to progress to ‘Invitation to Tender’ stage and then bring a recommendation to the Council meeting in August the purpose of this report is to seek delegation for the Chair, Vice Chair and Party Leaders in consultation with the Chief Executive to approve the shortlist of companies to be invited to Tender.
Following discussion
It was
PROPOSED by Councillor T J Catherwood, Seconded by Councillor O T Hughes and
Resolved: To approve delegating to the Chair, Vice Chair and Party Leaders in consultation with the Chief Executive, the power to agree the companies to be Invited to Tender in relation to the Treatment & Co- Disposal of Residual Municipal Waste Initiative. This selection will be based on the outcome of the Company Questionnaires to be submitted by any or all of the six interested parties.
13.3 Ballymacombs Landfill Site: Bund Lining
13.3.1 Description of the Works
This project is concerned with the development of significant additional void space for Ballymacombs Landfill Site.
Ballymacombs is currently being filled with waste in Phase E, a composite lined landfill cell. Phases A, B, C and D are not lined with a 21 composite lining system, however Phases A, B and C have been capped and restored.
The proposed contract will include the extension of Phase E by lining an existing bund. The contract works will extend approximately 8,000m 2 of bund lining.
The Bund Lining works are summarised below:
‹ Localised regarding
‹ GCL Lining
‹ HDPE Lining
‹ Leachate Stone
‹ Ancillary works
13.3.2 Tender Process
This Contract is to be let under the “ICE Conditions of Contract 7 th Edition (September 1999) for use in connection with Works of Civil Engineering Construction” Third Edition 1980.
The project was tendered to a list of tenderers selected from a restricted list process. Four tenderers were short listed in this process. The tender award criteria are based on the most economically advantageous tender. However, as tenderers have been short listed on Quality the tender measurement is undertaken on Price.
The four tenderers short listed were;
1. FP McCann Ltd Knockloughrim Quarry, 3 Drumard Road, Magherafelt, BT45 8QA 2. Gibson (Banbridge) Ltd, Magherally, Banbridge, BT32 4EL 3. TAL Ltd Lissue Industrial Estate East, Lissue Road, Lisburn, Co Antrim, BT28 2RB 4. Priority Construction Ltd, 162 Clontarf Road, Dublin 3
The project was tendered on the 23 rd April 2010 to the restricted list. Tenders were received on the 21 st May 2010 and opened by the Chair and the Director of Operations .
Submitted Tender Totals are as follows;
Table 1: Submitted Tender Totals
Contractor Submitted Tender Total F.P McCann Ltd £159,410.57 Gibson Bros £163,711.89 Priority Construction Ltd £206,000.00 22 TAL Civil Engineering Ltd £196,625.35
Tender Totals exclude a General Contingency allowance to be spent at the Engineers discretion.
13.3.3 Checked Tender Totals
All four short listed Tenderers returned bona-fide tenders by the due date and time. The tenders were checked for arithmetical errors. No changes to the Tender Totals was required. The arithmetically checked tender totals are summarised below.
Table 2: Corrected Tender Totals
Contractor Corrected Tender Total F.P McCann Ltd £159,410.57 Gibson Bros £163,711.89 TAL Civil Engineering Ltd £206,000.00 Priority Construction Ltd £196,625.35
13.3.4 Review of Bills of Quantity
Table 3: Bills of Quantity Review
BILL PART TAL Civil PRIORITY F.P. MC GIBSON Engineering Ltd Construction CANN Ltd BROS Ltd General Items 55,833.00 40,305.00 18,990.00 32,811.00 Lining 129,770.05 149,823.00 114,968.37 131,992.29 Drainage 18,213.30 14,537.00 13,439.20 7,178.50 Ancillaries 7,809.00 8,965.00 12,013.00 11,730.00 Adjustment Item -15,000.00 -7,630.00 - -20,000.00 Total 196,625.35 206,000.00 159,410.57 163,711.79 Method Related Charges 30,600.00 8,500.00 - 20,000.00 (included above)
All Bill totals generally reflect the overall tender sum for each tenderer. Method Related charges where applied are below 5% of the Tendered Sum. The general Items, Bill 1 of the lowest tenderer do not appear to be unduly high in comparison to the remaining Bill Parts indicating that the Tender has not been adjusted to achieve initial high payments unreflective of the progress of the works.
Significant items were also reviewed to ensure that abnormally high or low rates have not been included in the tender. A number of queries were raised in respect of the lowest Tender and a breakdown of some rates was requested to provide back up for the basis of the rates. The rate breakdown provided proved satisfactory.
13.3.5 Conclusion 23
Tenders were sought from four Contractors and assessed on the basis of the Most Economically Advantageous Tender. The lowest Tender was submitted by F. P. McCann Ltd. No abnormally low or high rates were in evidence.
The tender by F. P. McCann Ltd. in the sum of One Hundred and Fifty Nine Thousand, Four Hundred and Ten Thousand pounds and Fifty Seven pence (£ 159,410.57 ) plus VAT is considered to be in line with current rates and costs for the works required.
It is recommended that a 10 day standstill period is allowed whereby an opportunity for queries is given to the unsuccessful tenderers prior to the award of contract or issue of a letter of intent.
Following discussion
It was
PROPOSED by Councillor P J Bateson, Seconded by Councillor P McLean and
Resolved: that the tender submitted by F. P. McCann Ltd. in the sum of One Hundred and Fifty Nine Thousand, Four Hundred and Ten Thousand pounds and Fifty Seven pence (£ 159,410.57 ) plus VAT is found to be in line with current rates and costs for the works required and as a consequence following a 10 day standstill period that the said F P McCann be appointed.
14 Financial Contributions 56/06/2010
Submitted the following letters of application for financial assistance from:
14.1 Magherafelt Child Contact Centre:
Submitted letter Magherafelt Child Contact Centre dated 2 June 2010 seeking a financial contribution towards their ongoing training of volunteers. (copy previously circulated to each Member).
14.1.1Following discussion, it was
Proposed by Councillor Miss K A Lagan Seconded by Councillor J F Kerr, and
Resolved: that the Council make a contribution of £200 to the Magherafelt Child Contact Centre.
14.2 Traithlon Ireland – Mrs B Gribben:
Submitted letter dated 21 st May 2010 from a Mrs B Gribben seeking financial assistance towards the costs in taking part in the Standard 24 Distance Triathlon European Championships in Athlone, Ireland 2010. Mrs B Gribben had also been selected to represent Ireland at the World Championships in Budapest in September. (copy previously circulated to each Member).
14.2.1Following discussion it was
Proposed by Councillor J F Kerr Seconded by Councillor P E Groogan, and
Resolved: that the Council make a contribution of £200 towards the cost of participation and that the Council officers should liaise with Traithlon Ireland in order to ensure that the funds were appropriately discharged.
14.3 NI Hospice – B P McKeefrey Limited and Crossland tankers Limited:
Submitted letter from representatives of B P McKeefry Limited and Crossland Tankers Limited dated 20 May 2010 explaining that they were hiring Council facilities to raise funds for the NI Hospice and requesting that the Council contribute to the charity by donating the use of the facilities (copy previously circulated to each Member).
14.3.1Following discussion it was
Proposed by Councillor K A Lagan Seconded by Councillor P J Bateson, and
Resolved: that the Council make a financial contribution of £200 to the NI Hospice.
14.4 Charis:
The Director of Finance and Administration advised the Council that at the Party Group Leaders meeting on the morning of Monday, 17 th May 2010, consideration had been given to providing financial assistance to “Charis” a Cancer Care Centre benefiting many people in the District of Magherafelt and the Districts of Cookstown and Dungannon. The Party Group Leaders Meeting had recommended that a contribution of £15,000 be made to this charity.
It was;
Proposed by Councillor P McLean Seconded by Councillor P E Groogan, and
Resolved: that the Council accept the Party Group Leaders’ recommendation and make a contribution of £15,000 to “Charis”
15 Conferences and Courses
25 Consideration was given to the nomination of delegates to attend the following:
15.1 Northern Ireland Policing and Justice Conference:
Submitted details of a Conference entitled Northern Ireland Policing & Justice – Shaping the justice system of the future, taking place at the Stormont Hotel, Belfast on Tuesday 22 June 2010, (copy previously circulated to each Member).
Noted
15.2 Public Health Agency – Invitation to attend EPODE Workshop – Lough Neagh Discovery Centre:
Submitted details of an invitation to attend EPODE Workshop entitled – Together let’s prevent childhood obesity taking place at Lough Neagh Discovery Centre on Wednesday 16 June 2010 (copy previously circulated to each Member).
Noted
15.3 CIPFA Northern Ireland Conference 2010:
Submitted details of the CIPFA Northern Ireland Annual Conference 2010 entitled – Public Services taking the lead, taking place at the Slieve Donard Hotel, Belfast to be held on 23 & 24 September 2010, (copy previously circulated to each Member).
It was
Proposed by Councillor Mrs E A Forde Seconded by Councillor Miss K A Lagan, and
Resolved: that Mr J J Tohill, Director of Finance and Administration (if available) and Mr Albert Hogg, Head of Finance should attend the CIPFA Northern Ireland Annual Conference at the Slieve Donard Hotel on the 23 & 24 September 2010.
15.4 Ards Tourism Conference
Submitted details of a Food Tourism Conference, held by Ards Borough Council entitled, taking place at Portaferry on Friday 18 to Sunday 20 June 2010 (copy previously circulated to each Member).
Noted
15.5 APSE Annual Seminar 2010:
26 Submitted details of a Seminar entitled Armageddon or managed transformation: Where to next for Local Government’s front line? This Seminar was taking place at the Millennium Forum, Londonderry, Northern Ireland on Wednesday 8 September to Thursday 9 September 2010, (copy previously circulated to each Member).
Noted
15.6 Professional Development Conference for Councillors:
Submitted details of a Conference entitled Professional Development Conference for Councillors – Developing Vibrant Communities through Creativity and Innovation: A Business Perspective, taking place at the Holyrood Hotel, Bundoran, Co Donegal on Friday 2 to Sunday 4 July, 2010, (copy previously circulated to each Member).
Noted
16 Age NI
16.1 Submitted email from Age N.I. requesting Council to nominate Forum Members. Aged NI required volunteers, province wide, to become part of the Age NI Consultative Forum. (copy previously circulated to each Member).
16.1.1 It was
Proposed by Councillor T J Catherwood, Seconded by Councillor Miss K A Lagan , and
Resolved: that Councillor G C Shiels serve as a Forum Member, of Aged N.I.
17. General Register Office
17.1 Submitted letter dated 24 May 2010 from the General Register Office requesting that the Council review the Registration Service’s estimated expenditure to identify if there is scope for reduction in light of the financial challenges facing the government and subsequent reduction in the Departmental budget. GRO also took the opportunity to inform Council that the Purchase Approval Scheme had been suspended with immediate effect and that uniforms for registration staff would no longer be funded by GRO. (copy previously circulated to each Member).
Noted
18 Consultation Documents
27 Submitted the following consultation documents:
18.1 Northern Regional College Business Improvement Plan seeking comments before 23 July 2010. This document can be accessed on the following website: www.nrc.ac.uk.
18.2 High Hedges Bill seeking comments by 30 July 2010. This document can be accessed on the following website: [email protected]
18.3 Consultation on Improving Dementia Services in Northern Ireland – A Regional Strategy seeking comments by 31 st August 2010. This document can be accessed on the following website:www.dhsspsni.gov.uk/currentconsultation.
18.4 Northern Ireland Law Commission Consultation Paper “Business Tenancies” seeking comments before 30 September 2010. This document can be accessed on the following website: www.nilawcommission.gov.uk
18.5 Consultation paper on Nitrates Action Programme Regulations (NI) 2010 seeking comments before 13 August 2010. This document can be accessed on the following website:www.doeni/gov.uk.
19 Roads Service Consideration was given to the following:
19.1 Submitted letter re the proposed disposal of lands at 52a Disert Road, Draperstown, (copy previously circulated to each Member.)
Noted
20 Water (Northern Ireland) Order 1999
20.1 Submitted letter from the Northern Ireland Environmental Agency re an application from Mr Sean Lagan for consent to discharge effluent to a waterway under the Northern Ireland Water Order 1999. The proposed discharge would arise from 91 Filemilestraight, Maghera BT46 5LQ.
Noted
20.2 Submitted letter from the Northern Ireland Environment Agency giving notice confirming the declaration of Sruhanleanantawey Burn Area of Special under Scientific Interest Article 28 (6) of the Environment (Northern Ireland) Order 2002. The above Area of Special Scientific Interest (ASSI) has been afforded legal protection against specified operations or activities that may damage its scientific features. (copy previously circulated to each Member)
Noted
28 20.3 Submitted letter from the Department of the Environment - Consent to discharge of Effluent re an application in respect of a discharge of site drainage arising from a construction site for a pumping station at Toome WWTW situated at Main Street, Toome, Co Antrim. (copy previously circulated to each Member)
Noted
21 Resolution to Proceed “In Committee”
It was
Proposed by Councillor P McLean Seconded by Councillor T J Catherwood, and
Resolved: that the Council proceeds “In Committee”.
Council “In Committee”
22 Staff Matters
This item was taken “In Committee”.
23 Legal Matters
This item was taken “In Committee
24 Resolution to Proceed in “Open Council”
It was
Proposed by Councillor J F Kerr Seconded by Councillor P McLean, 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 McLean; and
Resolved: that the foregoing proceedings of the Council “In Committee” be and they are hereby approved and adopted.
29
25 Sealing of Documents
The Seal of the Council is hereby affixed to the following document as agreed at the Council’s meeting held on Tuesday, 13 April 2010
25.1 Right Grant of Right of Burial to Mr William James Booth of 33 Killyneese Road, Magherafelt BT45 8DS – Plot A105, husband of Isobel Booth (deceased).
26. Memorial Stone
The Director of Finance and Administration advised that an application had been received from:
1. Mr Thomas James McGuckin, (Grantee) 58 Shore Road, Ballyronan seeking permission to erect a Memorial Stone at Plot A101 (deceased are Harry and Daniel McGuckin).
Mr Tohill advised the Members that, the application satisfied the Council’s requirements and that the requisite fee had been paid.
26.1 Following discussion it was
Proposed by Councillor P McLean Seconded by Councillor T J Catherwood, and
Resolved: that, the Council authorise the erection of a Memorial Stone at Plot A101, in accordance with the application submitted.
27 For the Information of Members
27.1 The following items were submitted for the information of Members:-
(a) Response from the Minister re “lack of gritting and salting on rural roads (Copy previously circulated to each Member)
(b) Booklet entitled “Sport Matters” from the Northern Ireland Strategy for Sport and Physical Recreation 2009-2019
(c) DRD Magazine – “On the Move” (Copy previously circulated to each Member)
(d) The Local Government Staff Commission, Corporate Plan 2010/2011 and Business Plan 2010/11 (Copy previously circulated to each Member)
Annual Reports:- 30
(a) Tackling Fuel Poverty – the Inter-Departmental Group’s Fourth Annual Report 2009
The meeting concluded at 9.45 pm.
CHIEF EXECUTIVE
The foregoing Minutes are hereby Confirmed.
______(Chairperson)
______(Date)