DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Road, Magherafelt on Tuesday, 12 February 2008. The meeting commenced at 7.00 pm.

Presiding P McLean

Other Members Present P J Bateson J Campbell T J Catherwood J Crawford Mrs E A Forde P E Groogan O T Hughes Rev Dr R T Wm McCrea, MLA Mrs K A McEldowney J J McPeake I P Milne G C Shiels

Apologies: Mrs A C Gribbon J F Kerr Miss K A Lagan

Officers Present J A McLaughlin (Chief Executive) J J Tohill (Director of Finance and Administration) W J Glendinning (Director of Building Control) T J Johnston (Director of Operations) Mr M Young (Director of Environmental Health) Mrs A Junkin (Chief Executive’s Secretary)

Representatives from Other Bodies in Attendance Water: Marie White – Head of Customer Services Paul Davidson Robert O’Kane

DoE Planning Service: Ms Sandra Adams, Planning Officer

1 MINUTES

1.1 Councillor P J Bateson stated that his comments in connection with a public art work in Magherafelt town had been omitted from the Minutes. He went on to say that he had been informed at the meeting that at a previous meeting the Council had rejected the proposal which in fact was not the case. Councillor Bateson read the minute of the 14 November 2006 meeting which stated that the situation would be kept under review, and he wished this to be recorded in the Minutes.

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1.1.1 It was

PROPOSED by Councillor P J Bateson Seconded by Councillor T J Catherwood, and

RESOLVED: that the Minutes of the Council Meeting held on Tuesday, 15 January 2008 (copy previously circulated to each Member), subject to the above amendment, be taken as read and signed as correct.

1.2 It was

PROPOSED by Councillor J Crawford Seconded by Councillor P E Groogan, and

RESOLVED: that the Minutes of a Special Meeting of the Council held on Tuesday, 5 February 2008 (copy previously circulated to each Member) be taken as read and signed as correct.

2 MATTERS ARISING OUT OF THE MINUTES

2.1 The Chief Executive advised the Members that there were no matters arising with the exception of letters of thanks for contributions from the Northern Ireland Association for Mental Health, Market Street Beacon Centre, Magherafelt and the Multiple Sclerosis Trust.

Noted.

2.2 It was reported that Councillor Mrs A C Gribbon was in hospital. Members agreed that a basket of fruit or flowers be sent wishing her a speedy recovery.

3 NORTHERN IRELAND WATER – 280/02/2008 PRESENTATION OF CAPITAL WORKS PROGRAMME

The Chairman welcomed representatives from Northern Ireland Water to the meeting.

3.1 Ms Maria White thanked the Council for its invitation to present the District Council’s Capital Works Programme – April 2007 to March 2008 (copy previously circulated to each Member).

3.1.1 Ms White explained to the Members through a PowerPoint presentation, the background and work of Northern Ireland Water. She said that Northern Ireland Water had been formed by legislation through the Water and Sewerage Order (2006). It was 100% Government owned (the Department of Regional Development being the sole shareholder), and came into operation from 1 April 2007. Ms White outlined the objectives of the Strategic Business Plan which were to:

• Deliver an improved water and sewerage service • Safeguard public health and the environment • Reduce leakage levels • Be a customer focused organisation • Improve customer service • Achieve cost efficiencies

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• Develop a sustainable business.

3.1.2 Ms White further explained the 2009/10 investments of £667m on the Capital Works programme - £174m in water treatment, storage and improvements, £492m on improvements to water treatment and sewers and £30m on poorly performing small water treatment performance post 2009 subject to funding at the 2009 review. £232m would be spent on Public Private Partnerships - £110m in water treatment, storage and improvements and £122m in improvements to water treatment and collection schemes.

3.1.3 Ms White said that Northern Ireland Water aimed to complete their 18 year catch-up in less than half the time, have a £44m target operational expenditure efficiencies by 2009/10 and over £77m target on capital efficiencies by 2009/10. They also hoped to achieve £4.4m savings per year by 2010 by improving the way goods and services were bought and there would be a reduction of its workforce of 26% from 1,900 posts in 2007 to 1,400 posts by 2010. She went on to say that the Strategic Business Plan had been based on the outgoing Government policy regarding charging. The Northern Ireland Executive had deferred a decision on charging for domestic water and sewerage and this cost £75m which the Government subsidised in 2007-2008. Strands 1 and 2 of the comprehensive review to address the long-term approach had been completed.

3.2 Capital Works Programme Overview:

Mr Paul Davidson in his presentation said that Northern Ireland Water was investing £6,481,000 in projects already under construction or programmed to commence in the 2007/2008 financial year. £2,729,000 would be spent on construction, £2,563,000 would be spent on sub- complete projects, £940,000 would be spent on design complete projects and £249,000 would be spent on maintenance. NIW had allocated £19,715,000 for projects scheduled to commence in 2008-2010. £10,132,000 would be spent on feasibility and £9,585,000 on design. Mr Davidson mentioned key schemes in the District –

Construction • Wastewater Treatment Works Est. Cost Upgrading of wastewater treatment works to ensure compliance £2,729,000 with consent standards and cater for future development

Sub Complete • Wastewater Treatment Works Est. Cost Upgrading of wastewater treatment works to ensure compliance £2,563,000 with consent standards and cater for future development

• Design Complete Est. Cost Straw Village Sewer Upgrades Upgrade of sewage pumping station and the construction of new foul and storm sewers £476,000

Maghera Area Sewers Foul and storm sewer extensions to provide first time service and cater for new development at Brough Road £286,000

Maghera Area Sewers 845m of gravity sewer, pumping station and pumping main at Crew Road £178,000

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• Maintenance Est. Cost Fallagloon Road Replacement Water Main Replacement of existing 3 inch water main with 1030m of 125mm diameter HPPE pipe £121,000

Brookmount Road Replacement Water Main Replacement of existing water main with 1018m of 125mm diameter HPPE pipe £79,000

Pound Road Water Main Extension Provision of water main to cater for new development £26,000

Mr Davidson said that Capital Investment of £11.8 million would be spent to upgrade Moyola Water Treatment Works through the Alpha Project in order to supply up to 19 million litres per day of drinking water to Northern Ireland Water. It was planned that this scheme would come into service in June 2008.

3.3 In conclusion, Ms White said that one of the criticisms of the Water Service was lack of communication. Northern Ireland Water welcomed any input. In an effort to communicate better with the public and elected representatives the Annual Water Report, the Strategic Business Plan, the Water Quality Report and the Water Quality Report for Council areas would be made available for circulation. There was also a special contact telephone line for Councillors and MLA’s – 0845 300 6461 which was available twenty four hours per day, seven days per week.

3.4 The Chairman invited Members to ask any questions they might have on Northern Ireland Water or the Capital Works Programme.

3.5.1 Members’ Questions:

Councillor J Crawford enquired about a leakage of raw sewerage which had entered Lough Neagh and reported on the local news earlier in the day. He asked who would be prosecuted.

In reply, Mr O’Kane said that he personally was not aware of the details of this leakage.

Ms White said that the matter would be followed-up and investigated.

Councillor P E Groogan said that six months ago there had been a build-up of pressure at Sixtowns Road and it blew-off a manhole. He asked about the scheme for Straw village and if it linked in with three developments and take account for all of the area.

Mr Davison said that the scheme would include upgrading and enlarging the pipes in the village to the pumping station and the construction of new foul and storm sewers.

Councillor Mrs E A Forde enquired what had been done with regards to raw sewerage on Mill Park, .

Mr Davison said that NIW would have to come back on this matter.

Ms White said that some local negotiations had taken place. There was an issue with access to a manhole in order to carry out de-silting. It was now planned to carry out monthly de- silting and the matter would be considered as a long-term issue as well.

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Councillor O T Hughes asked how much asbestos piping was still used in Magherafelt District’s network.

Mr O’Kane replied stated that there was still several miles of asbestos piping in the District but this was being replaced

Councillor Hughes enquired about Mullaghboy Road, Bogashen and Scribe Road areas. He said that recently water had been off for a half-day at Mullaghboy Road, Bellaghy.

Mr O’Kane explained that replacement pipes had been requested. He would follow the matter up and come back to the Councillor.

Councillor Hughes requested that a letter of reply be sent and Mr O’Kane agreed.

Ms White advised Members that NIW had started the policy of replying to queries in writing.

Councillor T J Catherwood enquired about a public sewer at Moran’s Crossroads where Crossroads School was to be built. He said that private houses in this area required a public sewer.

Mr Davison replied by stating that he had no record of this but would check the matter out.

Councillor Catherwood further enquired about the pressure of water at fire hydrants and referred to an incident at Wallace’s, Main Street, Tobermore

In reply, Mr O’Kane said that there should be no problem with pressure in Tobermore. He suggested that it might be a flow problem and would have it checked out.

The Vice-Chairman, Councillor P J Bateson asked if there had been any progress regarding insufficient pumping capacity at Creagh/Blackpark Road to ‘The Elk’ and the number of above ground pipes.

Mr Davison explained that there was a scheme to upgrade pumps into Toome which was planned for January 2009 and there were quite a few pipes above ground sewage pipes.

Councillor Bateson also raised the issue of raw sewage from a manhole at Shore Road which had caused several health problems to a family and the sewage had not been cleaned.

Mr Davison said that the would come back on these matters.

Councillor J J McPeake requested an update on the waste treatment works in . He said that there had been a previous proposed scheme at Hall Lane but nothing had happened and this had an impact on housing growth.

Mr Davison said that he was unaware of the scheme but would come back on these issues.

Councillor I P Milne referred to a leakage of sewage at Road, Bellaghy. A mains sewer was required and he had raised this issue on several occasions but nothing had happened.

Mr Davison said that there was a new works in Bellaghy but was unaware of this particular issue.

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Councillor Milne also asked about the backlog of requests to have septic tanks emptied.

Ms White stated that this had caused real problems earlier in the year but the matter was now under control. NIW had experienced some access issues but if there were any specific details of problems she would have these investigated. All new requests were dealt with within twelve days unless in exceptional circumstances.

Councillor Milne asked if NIW had any plans to upgrade the pumping system at Broagh, .

Mr Davison explained that the contract for Castledawson to be pumped to Killynease was planned to be let early next year.

Councillor Mrs K A McEldowney referred to flooding at last year and enquired if there were any plans to upgrade the Swatragh waste treatment works.

Mr Davison said that NIW had no plans to upgrade in the immediate future but planned to re-look at Swatragh WTW after 2010.

Ms White commented that last year was an exceptional year for flooding.

Mr Davison agreed that there had been horrendous floods and a need for NIW to go back to its shareholder and negotiate more funding.

The Chief Executive asked if priority was not given to an environmental health issue.

The Chairman, Councillor P McLean raised the issue of sewage backing-up for six years at Westland Road, Magherafelt particularly at Stanley Campbell’s garden. This matter had been raised repeatedly not never was resolved. He said that Precision Cleaning arrived to clear the blockage but the capacity was not there.

Mr Davison said that there was a plan for Magherafelt town but there would be no funding until post 2010.

Councillor McLean also enquired about the ongoing problems at Maghera Leisure Centre’s football pitch. He said that the Council had reported and written to NIW but were very annoyed at the lack of response to these issues.

Ms White accepted and agreed with the comments. She gave her mobile number which could be used to report such incidents 07814 517365

The Chairman thanked the representatives from Northern Ireland Water for attending and congratulated them on the opening of Bellaghy Sewage Plant.

The Chief Executive drew NIW to an e-mail and photographs which had been sent to him from Mr Francis Kielt regarding flooding on the Ballymoughan Drain between Sandy Braes, Aughrim Road and Pound Road, Magherafelt where a development of 120 houses and apartments had received planning permission and sited on the flood plain (copy circulated to each Member, the Planning Officer and Northern Ireland Water representatives).

In reply, Mr Davison said that this was a matter for the Rivers Agency not NIW.

Noted.

Representatives from Northern Ireland Water retired from the meeting at 8.20 pm. 7

4 BUILDING CONTROL DEPARTMENT 210/02/2008

4.1 The Director of Building Control presented the Department’s report for the period 5 January to 4 February 2008 (copy previously circulated to each Member).

During the period from 5 th January 2008 to 4 th February 2008 forty-six applications have been recommended for approval.

During this period a total of one-hundred and forty-six applications required amending by Architects and Agents before granting approval.

Applications for Cancellation and Extension of Time

During this period there was one cancellation issued:

MA/2078/0293 – Mr & Mrs G Connell, 86 Drumbolg Road, . – Sun Lounge and Extension to Dwelling.

Application for Notices and Regularisations

During the period from 5 th January 2008 to 4 th February 2008 there were no Notices or Regularisations issued.

During this period thirty applications have commenced on site and twenty-three applications were found to be complete in accordance with Building Regulations.

There were eleven new Postal Numbers and Postcodes issued for private dwellings.

Property Certificates

There were forty-five Property Certificates issued for this period.

4.2 Dangerous Structure - 13-15 Main Street Bellaghy

Mr Glendinning, Director of Building Control advised that a Dangerous Structure Notice was issued on 8 th January 2008 in respect of the above premises. Work has been carried out, completed and the building made safe to the public.

Noted.

4.3 It was

PROPOSED by Councillor T J Catherwood, Seconded by Councillor J F Kerr, and

RESOLVED: to adopt the report as submitted.

5 LICENCES/REGISTRATIONS

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

E.22 The Market Tavern, 62 Rainey Street, Magherafelt – Mr Malachy Doris

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E.31 St Malachy’s GAC, 55 Brough Road, Castledawson - Mr Sean Cushley

E.48 Gracelands Bar & Steak House, 179 Shore Road, Ballyronan – Ms Sharon Smith

E.49 Walsh’s Hotel, 53 Main Street, Maghera – Mr Kieran Bradley

E.78 Magherafelt High School Assembly Hall, 20 Road, Magherafelt Mr Brian McCluskey

E.89 Maghera High School Assembly Hall, 30 Tobermore Road, Maghera – Mr P J McCausland

E.146 Slaughneil Community Hall, 18 Halfgain Road, Maghera – Mr Bernard Kearney

5.1.1 On consideration it was

PROPOSED by Councillor P E Groogan Seconded by Councillor J Campbell, and

RESOLVED: that the applications as submitted be renewed.

5.2 Petroleum Licence:

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

P.92 Mr Mervyn Gregg, 137 Aughrim Road, Magherafelt

5.2.1 On consideration it was

PROPOSED by Councillor P E Groogan Seconded by Councillor I P Milne, and

RESOLVED: that the application as submitted be renewed.

5.3 Street Trading Licence:

Submitted the following application for a Mobile Street Trading Licence which was in order and recommended:

T5 Ms Lynn Ferguson, 8a Aghaveagh Road, Cookstown St Patrick’s Street, Draperstown

5.3.1 On consideration it was

PROPOSED by Councillor P E Groogan Seconded by Councillor J Campbell, and

RESOLVED: that the application as submitted be approved.

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5.4 Registration of Clubs:

The following application was received for the Registration of Clubs under the Betting, Gaming, Lotteries and Amusement (NI) Order 1985:

SC.1 Draperstown Snooker Club

The following applications were received for the Registration of Clubs under the Registration of Clubs (NI) Order 1996:

Wolfe Tones GAC – Bellaghy Royal British Legion – Upperlands Michael Davitt GAC – Swatragh Watty Graham’s GAC – Maghera Erins Own GAC – Lavey O’Donovan Rossa GAC – Magherafelt Rainey Old Boys’ Rugby Football Club – Magherafelt Moyola Park Football Club – Castledawson Moyola Park Golf Club – Castledawson St Colm’s GAC – Ballinascreen

Noted.

6 PLANNING SERVICE 185/02/2008

6.1 New Planning Applications:

Submitted the Divisional Planning Manager’s report dated 12 February 2008 (copy previously circulated to each Member).

H/2006/0351/F – W Thompson Approval

H/2006/0934/F – NIHE Approval

H/2007/0032/F – Premier Electrics Deferred pending review of dPPS 14.

H/2007/0046/F – Mr J Kealey Approval

H/2007/0142/F – Community Association Deferred for an Office Meeting on the request of Councillor Mrs E A Forde and Rev Dr R T Wm McCrea – Criterion 5, letter of submission handed to the Planning Officer.

H/2007/0151/F – O’Kane & Devine Refusal

H/2007/0233/F – Mr A Mulholland Approval

H/2007/0440/RM – Mr J Mulholland Approval

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H/2007/0460/RM – A McAteer Approval.

H/2007/0476/F – Mr M Regan Approval.

H/2007/0495/F – Mr S McCorry Approval.

H/2007/0519/F – Mr & Mrs T Scullion Approval.

H/2007/0525/F – Mrs B Doherty Approval

H/2007/0534/F - Mr C Convery Approval. The Planning Officer advised that there had been one objection to this application.

H/2007/0605/F – Mr A Kelly Approval.

H/2007/0607/F – R Lee Approval

H/2007/0636/F – A Scullion Deferred pending review of dPPS 14.

H/2007/0642/F – Mr E Watterson Approval

H/2007/0657/F – M Bradley Approval

H/2007/0661/F – Mr J McGlinchey Deferred for an office meeting on the request of Councillor J Campbell – Criterion 5, letter of submission handed to the Planning Officer.

H/2007/0679/F – Mr D McKenna Approval

H/2007/0699/F – R McKinney Approval

H/2007/0721/RM – Mr & Mrs C Bryson Approval.

H/2007/0734/F – Mr E Shannon Deferred for an office meeting on the request of Councillors Mrs E A Forde and Rev Dr R T Wm McCrea – Criterion 5, letter of request handed to the Planning Officer.

The Planning Officer advised that letters submitted requesting office meetings should state why there was a need for an office meeting.

H/2007/0739/O – A McKee Deferred for an office meeting on the request of Councillors Mrs E A Forde and Rev Dr R T Wm McCrea – Criterion 5, letter of request handed to the Planning Officer. 11

H/2007/0746/F – Mr O O’Neill Approval

H/2007/0748/F – Mr D Fingleton Deferred for one month on the request of Councillor J Campbell for further information. The Planning Officer advised that there were two objections to this application.

H/2007/0764/RM – Mullaghboy Construction Co Ltd Deferred for an office meeting on the request of Councillors Mrs E A Forde and Rev Dr R T Wm McCrea – Criterion 5.

H/2007/0773/F – Mr D McAtamney Approval

H/2007/0777/F– Glasnevin Developments Deferred for an office meeting on the request of Councillor J Campbell – Criterion 5 to consider the design of the development.

H/2007/0685/F – M McNally Approval

H/2007/0831/F – Northern Ireland Electricity Approval. The Planning Officer advised that there was one objection to this application.

H/2007/0836/F – Mr P Hegarty Approval.

H/2007/0852/RM – Mr G Diamond Approval

H/2007/0854/F – Mervyn & Thelma Davidson Approval.

H/2007/0859/F – Mr G McKeever Approval

H/2007/0893/O – K Donnelly Refusal

H/2007/0894/F – Mr P Doyle Deferred for an office meeting on the request of Councillor J Campbell – Criterion 5, letter of submission handed to the Planning Officer.

H/2007/0901/F - Mr J Walshe Approval

H/2007/0910/O – F P McCann Developments Ltd Deferred for one month on the request of Councillor J Campbell for submission of additional information.

H/2007/0914/F – Mr & Mrs Burns Approval

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H/2007/0915/F – Mr L Young Approval. The Planning Officer advised that there was one objection to this application.

H/2007/0933/RM – T A Pollock Approval

H/2007/0938/F – Mr G Bodkin Approval.

H/2007/0939/F – Mr N McKillen Approval.

H/2007/0949/RM – Mr G Gordan Approval.

H/2007/0956/F – Mr & Mrs E McKenna Approval

H/2007/0960/F – NIHE Approval

H/2007/0962/F – Northern Ireland Electricity Approval

H/2007/0979/RM – Mr & Mrs Hutchinson Approval

H/2007/0981/F – Mr T McMaster Approval.

H/2007/0994/O – Fernhaven Developments Ltd Deferred for one month on the request of Councillor J Campbell for submission of further information.

H/2007/0997/F – Mr & Mrs T Phillips Approval

H/2007/0999/F – Northern Ireland Electricity Approval

H/2007/1005/RM – Mr & Mrs N McGuigan Approval

H/2007/1007/F – Mrs A Coyle Approval

H/2007/1009/F – Northern Ireland Electricity Approval

H/2007/1012/RM – M Duggan Approval

H/2007/1017/RM – P Watters Approval

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H/2007/1027/F – Northern Ireland Housing Executive Approval

H/2007/1053/F – Trustees of Ballymoghan Orange Hall Approval

Applications Deferred from Previous Meeting:

H/2004/1285/F – KBB Doors Ltd Deferred. On consideration it was

PROPOSED by Councillor J Campbell Seconded by Councillor I P Milne, and

RESOLVED: that this application be referred to the Planning Service Management Board.

H/2005/0589/O – Mr P Lavery The Planning Officer advised that the Planning Service had withdrawn its opinion in order to reconsider this application.

H/2005/1291/O – Mr McErlean Refusal

H/2005/0083/O – Mr & Mrs McDowell Refusal

H/2006/0265/F – Mr M Stewart Refusal. The Planning Officer advised that there were two objections to this application.

H/2006/0355/F – Mr P McGovern Deferred pending review of dPPS 14. Councillor I P Milne to check with the applicant if they wished the decision of Refusal to be issued.

H/2006/0685/F – Mrs M Smyth Approval. The Planning Officer advised that there were three objections to this application.

H/2006/0831/O – Mr & Mrs D Friel Approval

H/2006/0981/F – Mr W Drennan Approval

H/2007/0347/F – J Higgins Approval

H/2007/0628/F – Mr H Cassidy Approval

H/2007/0678/F – Mr D Trolan Deferred. Three weeks to withdraw or refusal issued on the request of Councillor P E Groogan.

6.1.1 It was

PROPOSED by Councillor O T Hughes Seconded by Councillor J Campbell, and

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RESOLVED: that the Planning Report dated 12 February 2008, subject to the above conditions and amendments, be adopted.

The Planning Officer retired from the meeting at 8.35 pm.

6.2 Submitted a letter from the Divisional Planning Office advising that with reference to the refusal reasons submitted to the Planning Appeals Commission by the Planning Service in connection with Application H/2005/1020/O in the name of Mr Martin Bradley, the Planning Service wished to amend refusal reason 3 (copy previously circulated to each Member).

Noted.

6.3 Submitted letter from Planning Service Headquarters dated 15 January 2008 stating that Mr T Stokes had indicated to the Department, under Regulation 7(1) of The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999, of his intent to submit an Environmental Statement supporting his application H/2008/0025/Q for a proposed wind farm to include eight wind turbines comprising four 3 megawatt turbines and four 2 megawatt turbines at Tirkane, Maghera (copy of letter and background information handed out to each Member). The letter further requested that any information or other comments passed by the Council to the developer would be copied to the Planning Service Headquarters.

Noted.

6.4 Submitted letter from the Planning Appeals Commission dated 6 February 2008 stating that the Commission had received an appeal against an Enforcement Notice issued on 10 January 2008 to Mr William Robert Ferguson regarding alleged unauthorised works to an abandoned ruin to create an unauthorised dwelling on land at the rear of 38 Carraloan Road, Magherafelt. Under Article 69(5) of the Planning (Northern Ireland) Order 1991, the Commission is required to notify the District Council of such appeals, and, in exercising its powers, to take account of any representations received by the Council.

Any representations which the Council wished to make must be submitted within 5 weeks of the date of the letter (copy of letter and application handed to each Member).

Noted.

7 ENVIRONMENTAL HEALTH DEPARTMENT 196/02/2007

Mr M Young, Director of Environmental Health submitted the report for the month of January 2008 (copy previously circulated to each member). The following matters were brought to the attention of the Council:-

7.1 Hairdressers Act (Northern Ireland) 1939 Mr Young reported that applications had been made by two businesses to have their premises registered for trade under the Hairdressers Act (NI) 1939. The premises had been inspected and were in compliance with the Council’s Bye-laws in relation to barbers/hairdressers and it was recommended that they be registered.

7.1.1 On consideration it was

PROPOSED by Councillor P E Groogan Seconded by Councillor I P Milne, and

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RESOLVED: that the following premises be registered under the Hairdressers Act (NI) 1939:

1 Henry and Bridget Kearney, 60A Main Street, Maghera 2 Natasha Quinn, 9A Queen Street, Magherafelt.

7.2 It was

PROPOSED by Councillor I P Milne Seconded by Councillor T J Catherwood, and

RESOLVED: to adopt the remainder of the report, which was for information.

8 OPERATIONAL SERVICES DEPARTMENT 322/02/2008

Submitted report by the Director of Operations for the month of January 2008 (copy previously circulated to each Member).

8.1 Mr Johnston 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.

8.2 Development:

8.2.1 Magherafelt Tendering Programme

It was

PROPOSED by Councillor P E Groogan Seconded by Councillor O T Hughes, and

RESOLVED: that the Council would support local enterprise by adopting the European Union Tendering Programme as outlined in the report.

8.2.2 Transfer of Community Festival Funding to Local Authorities

It was

PROPOSED by Councillor J J McPeake Seconded by Councillor O T Hughes, and

RESOLVED: that the Council would provide matching funding in support of the ‘Community Festival Funding’ allocated to the Council by the Department of Culture, Arts and Leisure.

8.3 Community Relations

8.3.1 Welcome Pack for Migrant Workers

It was

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PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor J J McPeake, and

RESOLVED: that in the event of the Community Relations Unit in Stormont failing to fund the project the Council agreed to make up the short-fall of £1,000 plus VAT.

8.4 Technical Services:

8.4.1 Ulster in Bloom

It was

PROPOSED by Councillor T J Catherwood Seconded by Councillor J Crawford, and

RESOLVED: that the Council would enter in the Ulster in Bloom 2008 competition.

8.4.2 Bi-Lingual Street/Road Nameplates

It was

PROPOSED by Councillor I P Milne Seconded by Councillor P E Groogan

That the Council would survey residents living on Ballymacpeake Road, Mullaghnamoyagh Road, Naval Lane, Ballynure Lane, Derrynoyd Road, Disert Road, Five Mile Straight, Pages Lane (off Derrynoyd Road), Slieve Gallion Drive, Slieve Gallion Park and Tonagh Heights regarding the erection of bi-lingual street/road nameplates in these areas.

On a vote being taken 7 Members voted for, 6 Members voted against, voting being by show of hands. The Chairman declared the motion carried.

At this point Mr Johnston asked the Chairman’s permission to raise an additional item regarding the erection of bi-lingual street/road nameplates.

The Chairman agreed to this request.

Mr Johnston stated that in accordance with Council’s instructions they had carried out a consultation exercise with the occupiers of premises living in Cavanreagh Road, Owenreagh Road, Clady Court, Lisheen Park, Longlands, Glenshane Road, Drumard Hill, Rocktown Road and Gulladuff Road regarding the erection of bi-lingual street/road nameplates in these areas. Mr Johnston advised that the returns showed a majority in favour of the erection of bi-lingual street/road nameplates in all these areas.

In reply to Councillor J J McPeake, Mr Johnston stated that the Council took a decision after a survey was carried out on whether or not to erect nameplates.

It was

PROPOSED by Councillor I P Milne Seconded by Councillor P E Groogan

That the Council would erect bi-lingual street/road nameplates in all these areas

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On a vote being taken, 7 Members voted for, 6 Members voted against, voting being by show of hands. The Chairman declared the motion carried.

8.4.3 Northern Ireland Landfill Allowance Scheme

It was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor T J Catherwood, and

RESOLVED: that Mr Johnston and Mr John Murtagh would attend the NILAS Seminar on Wednesday, 5 March 2008 at Belfast Castle.

8.4.4 Conservation/Environmental/Education Area for Tobermore Primary School

It was

PROPOSED by Councillor Mrs E A Forde Seconded by Councillor Rev Dr R T Wm McCrea, and

RESOLVED: that subject to Entrust approve the Council would provide £3,000 matching funding from their Landfill Tax Credits Scheme to allow Tobermore Primary School to construct a conservation area within the school grounds.

8.5 All other items were noted by the Council.

8.6 Mr Johnston asked the Chairman for permission to raise an additional item and the Chairman agreed to his request.

8.7 North West Regional Waste Management Group (NWRWMG) – Wheel Bin Tender Mr Johnston advised that with so many of the Councils within the NWRWMG now requiring to purchase and distribute brown wheel-bins, to allow them to meet the NILAS targets, it had been decided to do a group tender for the purchase of bins which all the Councils in the group could use. He advised that City Council had agreed to act as lead Council and to carry out the tendering procedure.

8.7.1 Mr Johnston stated that the tender submissions had now been evaluated and a copy of the report had been included in the member’s folder for this meeting. The report included a recommendation that the member Councils of the NWRWMG accept the lowest tender for the purchase of wheel-bins, and indicated that these prices would be applicable for a period of twelve months, commencing 1 March 2008

8.7.2 It was

PROPOSED by Councillor P E Groogan Seconded by Councillor J J McPeake, and

RESOLVED: that the Council would agree to purchase wheel-bins from the North West Region Waste Management Group’s tender during the twelve month specified period.

8.8 It was

PROPOSED by Councillor O T Hughes Seconded by Councillor P E Groogan, and

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RESOLVED: that the report as submitted be adopted.

9 ABSENTEEISM REPORT 523/02/2007

Submitted report of the Chief Local Government Auditor on Absenteeism in Northern Ireland Councils 2006-2007 (copy previously circulated to each Member).

9.1 The Chief Executive stated that the report revealed that Magherafelt District Council had the lowest average annual absenteeism rate for the 2004-2007 period compared to Northern Ireland Councils as a whole having an average absenteeism rate of 13.82 days.

9.2 Councillor Rev Dr R T Wm McCrea said that the report could not be passed over and many other Councils were jealous of Magherafelt’s achievement. He spoke of the co- operation between officers and staff and asked that all the employees be congratulated on the achievement.

9.3 Mr Johnston stated that the Council could have all the policies and rules in operation but if it wasn’t for the co-operation of the staff this could not have been achieved.

9.4 Councillor J Campbell also spoke of the tremendous positive response to the new Meadowbank Sports Arena.

9.5 The Chairman, Councillor P McLean said that the Absenteeism report was a “big coup” for the area. The achievement had been lead from the top, the Chief Executive and the Directors and he congratulated them.

9.6 The Chief Executive asked that it be noted his personal thanks to the Chairman for giving up his time to give press statement and interviews to the media on the Council’s absenteeism achievements.

10 SCALE OF CHARGES 2008/2009 693/02/2008

10.1 Submitted proposed revised Scale of Charges to take effect from 1 April 2008 for:

(a) Leisure Services (b) Technical Services (c) Room Hire (d) Wedding/Civil Partnerships (copies previously circulated to each Member).

The Chief Executive advised that increases was in line with inflation and rounded up to the nearest 5p with the exception of those relating to Landfill Tax which was due to the substantial cost increase.

10.2 On consideration it was

PROPOSED by Councillor J Campbell Seconded by Councillor T J Catherwood, and

RESOLVED: that the Council adopt the proposed scale of charges for Leisure Services, Technical Services, Room Hire and Wedding/Civil Partnerships for the financial year 2008/2009. 19

11 2008/2009 RATE ESTIMATES 209/02/2008

The Chief Executive explained that there had been a Party Group Leaders meeting held to discuss the estimates prior to the Council meeting. He submitted the estimates for the 2008/2009 financial year together with group estimates (copies circulated to each Member).

11.1 The Chief Executive outlined the main changes:

Net Landfill Tax movements 80,000 1.34% Wage inflation (3%) 140.000 2.35% Increases in Superannuation (2% pts) 60,000 1.02% Increase in expenses 121,000 2.03% 401,000

Expenditure savings/Income increases (229,030) (3.85%) 171,970

This gave rise to a District Rate of 0.2278p, an increase of 0.0064p or 2.89%.

11.2 Councillor Rev Dr R T Wm McCrea congratulated the Chief Executive and Director of Finance on their excellent stewardship and said it was a very good reason with RPA for Magherafelt to stay in existence. He said that an increase of 2.89% acknowledged inflation and was also a moderate increase for a modern service.

11.3 On consideration it was

PROPOSED by Councillor R T Wm McCrea Seconded by Councillor O T Hughes, and

RESOLVED: that the Council:

(a) Approve the Estimates for 2008/2009 including the Northern Group Systems (Environmental Health) and the North Eastern Group of Councils Building Control Service Group’s Estimates; (b) Authorise the Expenditure; and (c) Strike a Domestic Rate of 0.2278p and a Non-Domestic Rate of 18.0474p

11.4 The Chairman, Councillor P McLean concurred with the excellent report and also the fact that there was no outstanding debt which was a credit to the officers.

11.5 Councillor J J McPeake agreed and said that there were reports at the NILGA conference of Councils having percentage increases in the teens.

11.6 The Chief Executive thanked the Members on behalf of the officers for their comments and turned their attention to an article which was published in the local Northern Constitution which indicated that Magherafelt was the second lowest for rate increases on the league table from 1996/97 to 2006/07.

11.7 The Chairman stated that the Council had also provided an excellent service.

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12 PAYMENT OF ACCOUNTS 02/2008

12.1 Submitted Statement of Expenditure setting out payments to be made during the month of February 2008 (copy circulated to each Member).

The schedule provided for £631,929.65 out of the Revenue Account. There were no payments from the Capital Account.

12.2 On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor T J Catherwood, and

RESOLVED: to approve the Statement of Accounts as submitted for February 2008.

13 FINANCIAL CONTRIBUTION 56/02/2008

Consideration was given to the following applications:

13.1 Big Breakfast, Maghera for Cancer Research: Submitted letter dated 1 February, 2008 addressed to the Chairman from Violet Phillips seeking a contribution towards the event to take place on Friday, 7 March 2008 in Walsh’s Hotel, Maghera from 7.00 am to 2.00 pm (copy previously circulated to each Member).

13.1.1 On consideration it

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor Mrs E A Forde, and

RESOLVED: that £300 be granted to the Big Breakfast for Cancer Research. 14 CONFERENCES AND COURSES

Consideration was given to the nomination of delegates to attend the following:

14.1 ‘Championing Women’ – Women Senior Executives’ Network Conference: to be held in the Stormont Hotel, Belfast on Friday, 25 January 2008 from 9.45 am – 4.15 pm (details circulated to each Member). Delegate’s conference fee £50 plus VAT per person.

14.1.2 On consideration it was

PROPOSED by Councillor J F Kerr Seconded by Councillor I P Milne, and

RESOLVED: that the four female Members of the Council be nominated to attend.

15 LOCAL ECONOMIC DEVELOPMENT:

15.1 The Chief Executive briefly outlined the main elements of the Local Economic Development Plan 2007-2009 (copy previously circulated to each Member), which had been previously approved in principle at the Council’s meeting held in October 2007.

On consideration it was 21

PROPOSED by Councillor O T Hughes Seconded by Councillor P E Groogan, and

RESOLVED: that the Council approve the Local Economic Development Plan 2007- 2009.

Councillor Rev Dr R T Wm McCrea advised the meeting that he had been approached by a number of local business people who had suggested that Magherafelt would benefit from the appointment of a Town Manager. He suggested that perhaps the Council Officers could investigate this matter and report back to Council.

The Chief Executive replied that the current Towns Partnerships in Magherafelt and Maghera undertook many of the roles that a Town Manager would otherwise perform. However, he suggested that Magherafelt Area Partnership Ltd as the Local Strategic Partnership should be asked to consider the possible benefits of appointing a Town Manager and report its findings back to Council.

Councillor J J McPeake said that it was important to have a proper structure for a Town Manager to work within and he therefore requested that Magherafelt Area Partnership Ltd also provide the Council with an update on the recent activities of the Towns Partnerships.

The Chief Executive advised the Members that he would arrange for Magherafelt Area Partnership Ltd to submit a report to the Council at a future meeting.

The Chairman, Councillor P McLean stated that the Magherafelt Market Trustees had approached him asking for speaking rights to explain to the Council their future intention to build a working relationship with the Council.

The Chief Executive said that if it was the mind of the Council the Market Trustees could be invited to a future meeting of the Council.

It was

PROPOSED by the Chairman, Councillor P McLean Seconded by Councillor Rev Dr R T Wm McCrea, and

RESOLVED: that the Magherafelt Market Trustees be invited to address the Council at a future meeting.

15.2 Submitted Summary of Technical Assistance grant applications scoring under Local Economic Development (copy previously circulated to each Member).

The Chief Executive explained that four applications had been received for small grants to enable organisations to undertake work on various projects prior to a full application for funding under the Business and Enterprise Programme within the Council’s LED Action Plan 2007-2009. He advised that the following applications were scored at a meeting on 4 February 2008:

• Rethink – requested funding of £3,000 • Think BIG – requested funding of £3,000 • Furniture Innovation Network (Interiors) – requested funding of £2,000 • Mid-Ulster Chapter Business Networking International – requested funding of £2,000 22

The Chief Executive advised the Members that the scoring panel recommended that the following awards of Technical Assistance Grants be made:

• Rethink - £2,550 • Think BIG – £2,550 • Furniture Innovation Network (Interiors) – £1,700 • Mid-Ulster Chapter Business Networking International – £1,700

On consideration it was

PROPOSED by Councillor O T Hughes Seconded by Councillor P E Groogan, and

RESOLVED: that the Council accept the recommendation of the Scoring Panel.

Adjournment of Meeting

The Chairman adjourned the meeting for a comforts break at 9.35 pm.

The meeting resumed at 9.42 pm.

16 RURAL DEVELOPMENT AND PEACE III

16.1 The Chief Executive referred Members to the Council’s consideration of the Peace III and Rural Development Strategies at its Special Meeting on Tuesday, 5 February 2008. He stated that the following the Council’s previous discussions it was now necessary to nominate four Members to the new Local Action Group (LAG) that had to be formed to take forward to take forward the Rural Development Programme He advised the Members that it was recommended that the LAG should be representative but “representative” had not been defined.

Therefore the Council had to decide whether it would interpret “representative” as meaning one Member from each Party Grouping or meaning that members of the LAG should be selected using D’Hondt. If the Council decided that “representative” meant one Member from each Party Grouping this would cause problems because there were five party groupings within the Council and four positions available on the LAG.

Councillor O T Hughes said that in the interests of allowing the Council to move forward with the Rural Development Strategy he would suggest that his party, the Independent Republican Party, would stand aside so that four Members could easily be nominated to the LAG. He went on to say that it this was acceptable to the Council his party would similarly stand aside to allow four Members to be nominated to the Peace III Partnership.

On consideration it was

PROPOSED by Councillor O T Hughes Seconded by Councillor P E Groogan, and

RESOLVED: that the Independent Republican Party would stand aside to allow the four members of the LAG and the Peace III Partnership to be selected on the basis of one Member from each of the other four party groupings within the Council.

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The following nominations were made:

Local Action Group (Rural Development Strategy)

Councillor Mrs E A Forde Councillor G Shiels Councillor Mrs K A McEldowney Councillor Miss K A Lagan

Peace III Partnership

Councillor Mrs E A Forde Councillor J Crawford Councillor I P Milne Councillor J Campbell

16.2 The Chief Executive stated that following the Council’s Special Meeting on Tuesday, 5 February 2008 it was necessary for the Council to confirm Cookstown District Council and Dungannon District Council as the Lead Councils for Rural Development and Peace III respectively.

On consideration it was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillor P E Groogan, and

RESOLVED: that the Council confirm Cookstown District Council and Dungannon District Council as the Lead Councils for Rural Development and Peace III respectively.

16.3 The Chief Executive advised the Members that it was necessary to approve the Draft Memorandum of Understanding for Northern Ireland’s Rural Development Programme 2007-2013 (copy previously circulated to each Member).

It was

PROPOSED by Councillor J Campbell Seconded by Councillor T J Catherwood, and

RESOLVED: that the Council approve the Draft Memorandum of Understanding for Northern Ireland’s Rural Development Programme 2007-2013.

17 DISABILITY AND EQUALITY MONITORING GROUP

The Chief Executive referred the Members to their consideration of the Council’s Equality Impact Assessments at its Special Meeting on Tuesday, 5 February 2008 at which it was decided that the Disability Action Plan Monitoring Group would also act as the Equality Monitoring Group and that nominations to this joint group would be considered at the current meeting.

Following discussion it was agreed that the group would consist of eight members who would be selected using D’Hondt as follows:

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Sinn Fein Representatives: Councillors P J Bateson, J F Kerr, and I P Milne DUP Representatives: Councillors T J Catherwood and Mrs E A Forde SDLP Representative: Councillor Miss K A Lagan IRP Representative: Councillor P E Groogan UUP Representative: Councillor G C Shiels

18 CONSULTATION DOCUMENTS

Consideration was given to the following documents:

(a) Letter from the Department of the Environment in connection with the Consultation Paper on Options for Implementing the Batteries and Accumulators Directive (2006/66/EC) seeking comments by 31 March 2008.

(b) Letter from the Department of Education in connection with a policy paper for consultation entitled “Every School a Good School” seeking comments by 31 March 2008.

(c) Letter from the Environment & Heritage Service enclosing a Views About Management statement relating to Area of Special Scientific Interest (ASSI) seeking any comments on or before 5 May 2008, enclosed.

(d) Letter from the Electoral Office for Northern Ireland advising that the Electoral Office had recently development a ‘Guidance on Dealing with Unacceptable Customer Behaviour’ policy and was now seeking responses by Friday, 7 March 2008 on the outcome of the equality screening exercise.

It was further agreed that if any Member or party grouping wished to make comments on these documents they should forward them to the Chief Executive who would then arrange to have them sent to the appropriate body.

19 ROADS SERVICE 279/02/2008

Submitted letter dated 16 January 2008 enclosing a map and copy of the Statutory Rule in connection with the Roshure Road, (Abandonment) Order (Northern Ireland) 2008 (copies previously circulated to each Member).

Noted.

20 PRESENTATIONS TO COUNCIL

Consideration was given to the following letters of application for Speaking Rights as District Council Meetings:

20.1 NIPSA – John McKeegan, NIPSA Facilities Officer NEELB: Submitted letter dated 31 January 2008 from Mr John McKeegan seeking speaking rights at the next Council Meeting on the Classroom Assistants Strike. The letter intimated that the NIPSA Classroom Assistants wished to raise the public profile of the injustice of a forced collective agreement and sought the support of Councillors in every District Council (copy previously circulated to each Member).

The Chief Executive explained that there were four Unions involved, NIPSA, GMB, Unison and United, and three out of the four Unions had collectively agreed with the new facilities agreement for Classroom Assistants. Whilst the vote was binding on all 25

concerned, NIPSA had cried foul and was stating that 60% of Classroom Assistants were unhappy and were trying to renegotiate the agreement. They hoped through addressing Councils, to obtain declarations of support on behalf of the Classroom Assistants and demand that the Minister, Ms C Ruane intervenes and freezes this undemocratic agreement.

Councillor P J Bateson said that NIPSA had negotiated the mechanism but he had nothing against John McKeegan coming to the Council. He said that Mr McKeegan was paid as a facilitator for the NEELB and that a representative from the NEELB should also be invited.

The Chairman, Councillor P McLean pointed out that he initially had facilitated a public meeting for the Classroom Assistants when many issues were discussed. Personally, he felt that there was nothing to be gained by such a meeting and Members would only get one side of the situation. He suggested that the request be marked “read”.

20.1.1 After a lengthy discussion it was

PROPOSED by Councillor Rev Dr R T Wm McCrea Seconded by Councillors Mrs E A Forde

That the Council invite Mr McKeegan from NIPSA to address that Council for 15 minutes.

20.1.2 Amendment

It was

PROPOSED by Councillor J J McPeake Seconded by Councillor I P Milne

That the Chief Executive writes to the North Eastern Education and Library Board inviting a representative to attend the meeting.

20.1.3 On a vote being taken, 6 Members voted for Mr McKeegan from NIPSA only to address the Council, and 7 Members voted for both Mr McKeegan and a representative from NEELB to address the meeting, voting being by show of hands.

20.1.4 The Chairman declared that representatives from both NIPSA and NEELB be invited to attend the Council meeting.

20.2 Northern Health and Social Care Trust – Chief Executive: Submitted letter dated 29 January 2008 from Ms Norma Evans, Chief Executive, Northern Health and Social Care Trust stating that meetings were being arranged with stakeholders to brief them on developments in Health and Social Care in the Northern Trust area (copy previously circulated to each Member). The letter further intimated that Ms Evans wished to visit the Council and make a short presentation on the work the Trust was doing and discuss any issues.

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20.2.1 Members agreed that Ms Evans be invited to a future meeting to address the Council.

20.3 The Chief Executive suggested that the Council hold a Special Meeting to hear presentations from Magherafelt Market Trustees; Mr McKeegan, NIPSA; a representative from NEELB and Ms Evans, Northern health and Social Care Trust.

20.4 It was

PROPOSED by Councillor J Crawford Seconded by Councillor I P Milne, and

RESOLVED: that a Special Meeting of the Council be held on Tuesday, 4 March 2008 at 7.30 pm to hear these presentations.

21 RESOLUTION TO PROCEED “IN COMMITTEE”

It was

PROPOSED by Councillor Mrs E A Forde Seconded by Councillor I P Milne, and

RESOLVED: that the Council proceed “In Committee”.

Council “In Committee”

22 STAFF MATTERS

This item was taken “In Committee”. 23 LEGAL MATTERS

This item was taken “In Committee”.

Councillor Rev Dr R T Wm McCrea retired from the meeting during this item at 10.35pm.

24 RESOLUTION TO PROCEED IN “OPEN COUNCIL”

It was

PROPOSED by Councillor T J Catherwood Seconded by Councillor J Crawford, and

RESOLVED: that proceedings be resumed in “Open Council”.

Proceedings in “Open Council”

It was

PROPOSED by Councillor T J Catherwood Seconded by Councillor J Crawford, and

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

25 SEALING OF DOCUMENTS

The Chief Executive advised that there were no items for sealing.

26 ERECTION OF MEMORIAL STONES

Mr Tohill submitted an application for the erection of a Memorial Stone in Polepatrick Cemetery as follows:

Plots A88 & A89 – grantee is Mr Jonathan Finn of 19 Parkmore, Magherafelt – Mr William John Finn (deceased)

It was

PROPOSED by Councillor T J Catherwood Seconded by Councillor J Crawford, and

RESOLVED: to approve the application as submitted.

27 FOR THE INFORMATION OF MEMBERS

The following items were submitted for the information of Members:-

(a) Copy of Minutes of a NILGA Full Members Meeting held on 23 November 2007 in the Silver Birch Hotel, Omagh. (b) Minutes of Joint Meeting with Cookstown District Council held on Tuesday, 29 January 2008 together with copies of PowerPoint presentations (copies circulated to each Member) (c) Copy of Summary of Monitoring Returns 2006 prepared by the Equality Commission for Northern Ireland. (d) Copy of Strand Two Report of the Independent Water Review Panel ‘Management, Governance and Delivery2. (e) Copy of the Annual Report of the Inter-Departmental Group on Fuel Poverty 2007.

The meeting concluded at 11.15 pm.

CHIEF EXECUTIVE

The foregoing Minutes are hereby Confirmed

______(Chairman)

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______(Date)

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