MAGHERAFELT DISTRICT COUNCIL 1 Minutes

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MAGHERAFELT DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 12 May 2009. The meeting commenced at 7.30 pm.

Presiding: Mrs K A McEldowney

Other Members Present: Mrs E A Forde J Campbell T J Catherwood J Crawford P E Groogan O T Hughes J F Kerr Miss K A Lagan Rev Dr R T Wm McCrea, MP, MLA P McLean J J McPeake I P Milne G C Shiels

Apology: Mrs A C Gribbon

Officers Present: J A McLaughlin (Chief Executive) J J Tohill (Director of Finance and Administration) W J Glendinning (Director of Building Control) A Cassells (Director of Operations) M Young (Director of Environmental Health) Mrs Anne-Marie Campbell (Head of Policy/Implementation) Mrs Audrey Junkin (Chief Executive’s Secretary)

Representatives from Other Bodies in Attendance:

DRD Roads Service: P Doherty - Divisional Roads Manager G Quinn – Section Engineer

DoE Planning Service: Mrs Sandra Adams – Planning Officer

1 Minutes

1.1 Councillor F J Kerr referred to Page 17, item 11 – Peace III Programme and pointed out that he had declared an interest and had left the Chamber during the discussion but it had not been recorded in the Minutes and requested that the Minutes be amended.

2 1.2 It was

Proposed by Councillor P McLean Seconded by Councillor Mrs E A Forde, and

Resolved: that the Minutes of the Council Meeting held on Tuesday, 7 April 2009 (copy previously circulated to each Member), subject to the above amendment, be taken as read and signed as correct.

2 Matters Arising Out of the Minutes

The Chief Executive submitted the following:

2.1 Letter of thanks from Magherafelt Macmillan Cancer Support Fundraising Committee for the Council’s donation towards their Charity Golf Day on 14 August 2009 fundraising for the palliative care unit at Antrim Area Hospital.

Noted.

2.2 Letter of thanks The Fort Riding for the Disabled (Maghera) for the Council’s support and donation towards the work being carried out at the Centre.

Noted.

2.3 Letter of acknowledgement from the Northern Health and Social Care Trust and thanking the Council for making comments on the Trust’s Proposed Service Changes. A detailed consultation feedback report was available on their website www.northerntrust.hscni.net .

Noted.

2.4 Invitation for Councillors to attend a free regional one day conference and wind farm visit organised by BWEA, the UK’s leading renewable energy association, on Tuesday, 16 June 2009 from 10.30 am to 4.00 pm. at Slieve Divena wind farm, near Sixmilecross, Co Tyrone. Any Member wishing to attend should contact the Chief Executive’s Department.

Noted.

2.5 Presentation:

The Chief Executive submitted a letter from Mr Sean Dorrity, Branch Secretary, North Eastern Education Branch of Unison seeking speaking rights on behalf of UNISON at the next Council Meeting.

UNISON wished to address the issue of 0.5% pay offer to Local Government Staff and would be seeking the Council’s support to obtain a reasonable pay offer.

2.5.1 The Chief Executive advised that the Council employed a negotiating mechanism for such issues and he felt that such a presentation was unnecessary.

2.5.2 Some Members felt that as UNISON had requested speaking rights, they had a right to be heard by the Council and it was up to the Council to give support or otherwise.

2.5.3 Following some discussion it was

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

Resolved: that the Chief Executive explain the situation to UNISON and advise them that in his opinion there would be no productive outcome to any such presentation. In the event that UNISON insisted with their request the Chief Executive would endeavour to arrange a presentation to be made at a future date.

2.6 Councillor Rev Dr R T Wm McCrea said that he wished to recognise and thank the Council for sending him a basket of fruit when he was recovering from his operation recently.

Noted.

3 Receptions

3.1 Councillor J F Kerr referred to the achievement of ‘Happy Days Nursery’, Magherafelt on receiving a Centre of Excellence Award, and recommended that this achievement be recognised by the Council hosting a reception.

3.2 Councillor P McLean requested a reception for McGlaughlin’s Pharmacy, Magherafelt on winning the Pharmacy in Focus Awards Customer Service Award and also Eilish Cunningham on winning the Pharmacist of the Year Award

3.3 After discussion, it was agreed that Receptions be given to ‘Happy Days Nursery’ and McGlaughlin’s Pharmacy to mark their achievements.

4 Presentation - Divisional Roads Manager’s Report

The Chairperson welcomed representatives from Roads Service – Western Division to the meeting Mr Pat Doherty, Divisional Roads Manager and Mr Gary Quinn, Local Section Engineer for the Magherafelt District.

4.1 Mr Doherty in his report (copy previously circulated to each Member) referred to the continued investment of £3.1 for the Magherafelt Council area announced by the Regional Development Minister. He referred to work on the A6 dualling between Toomebridge (A22) to Castledawson Roundabout which continued to make significant progress and given the completion of statutory orders and funding construction on this project would commence in 2011.

4.2 Progress on the A31 Magherafelt By-pass was advancing. A Public Inquiry into the proposed By-pass had been held in the Council Offices, Magherafelt in April 2009 and Mr Doherty said that it was expected that the Inspector would issue his report within the next four months.

4.3 Mr Doherty also mentioned other schemes carried out in the past year and in particular the A29 Moneymore Road, Desertmartin, the A42 Mayogall Road, Clady, A31 Moneymore Road, Magherafelt, all of which had all be resurfaced; and the car-park extension at Castledawson Roundabout which would provide room for buses to pick-up and set down passengers. He also referred to the realignment of the A54 Ballymacombs Road at Smithtown Cross and vertical realignment and footway at Hall Lane, Gulladuff; the extension of the park and share parking at the A6 Craigadick, Maghera; and traffic calming at Leckagh and Killowen Drive Magherafelt.

4.4 The Divisional Roads Manager outlined the programmes to be undertaken as set out in his report, which included sight line improvements at Ballysullion Lane, Bellaghy, Ballynease Road, Bellaghy, Crew Road, Maghera, and Ballymacilcurr Road, Culnady. He also mentioned the completion of the footpath between Milltown Bridge at Craigadick Road, Maghera and traffic calming at Queen’s Avenue, Kirk Avenue and Princess Avenue in Magherafelt.

4.5 Finally, Mr Doherty referred to the Review of Public Administration (RPA) and said that Roads Service had consulted with local government regarding functions to be transferred in 2011 to local government and the arrangements to allow the next new Councils to influence roads programmes.

4.6 The Chairperson then requested Members to bring forward any comments or questions they wished to make on the report.

4.7 Members raised many questions and Mr Doherty gave replies where possible and in instances when he could not, he promised to follow the issues up and reply to the Councillor/s in writing.

4.8 The Chairperson thanked the representatives from Roads Service for attending and answering Members questions.

Representatives from Roads Service retired from the meeting at 8.50 pm.

5 Building Control Department 210/5/2009

The Director of Building Control presented the Department’s report for the period 28 March 2009 to 30 April 2009 (copy previously circulated to each Member).

5.1 During this period twenty-seven applications had been recommended for approval and one hundred and sixty-seven applications required amending by Architects and Agents before granting approval.

5.2 During this period there were no extensions and no cancellations.

5.3 Application for Notices and Regularisations

During the period from 28 March to 30 April 2009 there was one Notice issued and no Regularisations issued.

During this period one hundred and twenty-eight applications have commenced on site and one hundred and five applications were found to be complete in accordance with Building Regulations.

5.4 Property Certificates

There were twenty-four Property Certificates issued for this period.

5.5 It was

Proposed by Councillor Rev Dr R T Wm McCrea Seconded by Councillor P McLean, and

Resolved: to adopt the report as submitted.

6 Naming and Numbering of Streets

Consideration was given to the naming of a new housing development at Ballyronan Road, Magherafelt for JFM Construction Ltd. The names suggested were:

• Piney Ways • Piney Mews • Piney Avenue.

6.1 Following discussion it was

Proposed by Councillor Rev Dr R T Wm McCrea Seconded by Councillor Miss K A Lagan, and

Resolved: that the new housing development at Ballyronan Road, Magherafelt be named ‘Piney Mews’

7 Licenses and Registrations

7.1 Approved Place of Marriages – Marriage (NI) Order 2003

Submitted a place approval application from Ardtara Country House, 8 Gorteade Road, Upperlands BT46 5SA to be approved as a venue for Civil Marriage Ceremonies.

The Chief Executive stated that the appropriate documentation and fee had been received and the premises were considered to be satisfactory.

7.1.1 Following discussion it was

Proposed by Councillor J F Kerr Seconded by Councillor O T Hughes, and

Resolved: that Ardtara County House be approved as a place used for the solemnisation of Marriages under the Provision of Marriage (NI) Order 2003 for the period of one year.

7.2 Entertainment Licences :

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

E. 8 Old Clubhouse, Fortwilliam Park, Maghera Road, Tobermore – Mr Tom Cassidy

E.97 Mary’s Bar & Lounge, 10 Market Street, Magherafelt – Henry & Teresa McGlone

E.134 Bryson’s Bar, 24-28 Union Road, Magherafelt – Mr Niall Peter Bryson

7.2.1 It was

Proposed by Councillor J F Kerr Seconded by Councillor J J McPeake, and

Resolved: to renew the applications as submitted

7.3 Petroleum Licences:

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

P. 34 Caldwells’ Filling Station, 191 Hillhead Road, Castledawson – R & J Caldwell

P. 35 Cathcart Retail Ltd (Texaco), 36 Castledawson Road, Magherafelt – Mr Ryan Cathcart

P. 74 Diamond Service Station, 14 The Square, Draperstown – Mr E McAuley

P. 97 Swatragh Filling Station, 17 Moneysharvin Road, Swatragh – Mr N McGrath

P.100 Glenshane Tourist Services, 31 Glenshane Road, Maghera – Mr J Molloy

7.3.1 It was

Proposed by Councillor Rev Dr R T Wm McCrea Seconded by Councillor J F Kerr, and

Resolved: to approve the applications as submitted.

8 Planning Service 185/5/2009

8.1 New Planning Applications:

H/2006/0494/F – Boyle Approval. The Planning Officer advised that there were three objections to this application. Councillor Miss K A Lagan requested that this application be deferred for one month in order to allow the objectors to seek further clarification on road safety issues. Councillors J J McPeake, P McLean, O T Hughes and I P Milne supported the Planning Opinion to approve the application stating that the applicant had been frustrated by the number of delays up to this point and requested no further delay

Members agreed that the application be approved without further delay.

H/2007/0140/F – Henry Brothers Deferred for one month on the request of Councillors P McLean and Miss K A Lagan.

H/2007/0493/O - O’Kane & Devine Ltd Refusal

H/2007/0792/O – Mr J Bradley Approval

H/2007/0873/O – Mr A Clerkin Approval

H/2007/0948/O – Mrs P Hackett Deferred for an Office Meeting on the request of Councillor Miss K A Lagan. Councillor Miss Lagan handed a letter of submission to the Planning Officer.

H/2007/0964/RM – Mr E Regan Approval

H/2007/1015/F – Drumderg Developments Ltd The Planning Officer advised that refusal reason 3 had been withdrawn by the Planning Service. Deferred for an Office Meeting on the request of Councillor Miss K A Lagan in order to discuss additional information.

H/2008/0084/F – Mr J Johnston Approval

H/2008/0247/RM – Mr G Rea Approval

H/2008/0335/RM – Mr F Smyth Approval

H/2008/0390/RM – Miss A Duggan Approval

H/2008/0508/F – Glenlea Developments Deferred for an Office Meeting on the request of Councillor Miss K A Lagan to allow the applicants to present amendments.

H/2008/05552/O – C & C Smyth Deferred for an Office Meeting on the request of Councillor G C Shiels. Councillor Shiels handed a letter of submission to the Planning Officer

H/2008/0586/F – Mr R Roddy Approval. The Planning Officer advised that there had been one objection to this application and not two as stated on the Planning schedule.

H/2008/0597/F – Ms R Morrow Deferred for an Office Meeting on the request of Councillor P McLean. Councillor McLean handed a letter of submission to the Planning Officer.

H/2008/0618/F – Mr M McManus Deferred for an Office Meeting on the request of Councillor Miss K A Lagan to discuss disability adaptation beside the farm siting.

H/2008/0675/F – Heron Property Limited Approval

H/2008/0681/O – Mr M McWilliams Deferred pending review of draft PPS 21.

H/2008/0682/RM – Mr G McAllister Approval. The Planning Officer advised that there had been one objection to this application.

H/2008/0684/F – SWS Natural Resources Ltd Approval

H/2008/0693/F – Mr J Crilly Approval

H/2008/0698/RM – Mr B Lagan Approval

H/2008/0699/RM – Mr M Cassidy Approval

H/2008/0719/F – Mr A McKee Approval

H/2008/0720/RM – Mr S O’Kane Approval.

H/2008/0724/F – BIH Housing Association – Merit Homes & Telereal Approval

H/2009/0014/RM – Mr J Gardiner Approval

H/2009/0015/F – J McCloskey Approval

H/2009/0018/F – Emma Mulholland/Eugene McCullagh Approval

H/2009/0022/O – Mr M McCullagh Deferred for an Office Meeting on the request of Councillor P E Groogan in order to discuss new information.

H/2009/0029/O – Mr B Molloy Deferred for an Office Meeting on the request of Councillor O T Hughes. Councillor Hughes handed a letter of submission to the Planning Officer.

H/2009/0043/O – Mr R Campbell Deferred for an Office Meeting on the request of Councillors Mrs E A Forde and G C Shiels. Councillor Mrs Forde handed a letter of submission to the Planning Officer.

H/2009/0049/RM – Mr S McGuigan Approval

H/2009/0055/O – Mr McIvor Deferred for an Office Meeting on the request of Councillor Miss K A Lagan. Councillor Miss Lagan handed a letter of submission to the Planning Officer.

H/2009/0056/F – Mr E McCann Approval

H/2009/0060/RM – Mr S McLaughlin Approval

H/2009/0062/F – Northern Ireland Electricity Approval

H/2009/0063/O – Mr P Murray Deferred for an Office Meeting on the request of Councillor Miss K A Lagan. Councillor Miss Lagan handed a letter of submission to the Planning Officer.

H/2009/0069/F – Northern Health and Social Care Trust The Planning Officer advised that there had been one late objection to this application stating that the proposed work was outside the lease area and further stated that the ownership certificate appeared to be incorrect. Deferred for one month on the request of Councillor P McLean.

H/2009/0074/F – Ms B Young Approval

H/2009/0080/F – Mr D McAlary Deferred. The Planning Officer advised that Planning Service had withdrawn its opinion to Approve in order to consider a Tree Preservation Order on this site.

H/2009/0085/RM – Mr G McGill Approval

H/2009/0092/O – Mr H McManus Deferred for an Office Meeting on the request of Councillor I P Milne. Councillor Milne handed a letter of submission to the Planning officer.

H/2009/0094/O – Mr M McErlean Approval

H/2009/0096/O – Mr T McErlean Deferred for an Office Meeting on the request of Councillor O T Hughes. Councillor Hughes handed a letter of submission to the Planning Officer.

H/2009/0097/O – A Selfridge Approval

H/2009/0101/O – Mr P McGuigan Deferred for an Office Meeting on the request of Councillors J Campbell and Miss K A Lagan. Councillor Campbell handed a letter of submission to the Planning Officer.

H/2009/0108/F – Workspace (Draperstown) Ltd Approval

H/2009/0109/F – Mrs K Scullion Approval

H/2009/0110/F – Mr & Mrs T Patterson Approval

H/2009/0111/F – Mr S Garvin Approval

H/2009/0112/F – Mr J P Conway Approval

H/2009/0113/F – Mr D Bradley Approval

H/2009/0114/O – Mr J Hancock Deferred for an Office Meeting on the request of Councillor J J McPeake. Councillor McPeake said that a submission would be sent to the Planning Officer the following day.

H/2009/0120/RM – Mr J McKay Approval

H/2009/0122/F – Mr E Watterson Approval

H/2009/0133/O – Mr T Catherwood Approval

H/2009/0136/F – Ms M Corey Approval. The Planning Officer advised that there was one objection to this application.

H/2009/0143/O – Mr A Speers Deferred for an Office Meeting on the request of Councillor G C Shiels. Councillor Shiels handed the Planning Officer a letter of submission.

H/2009/0145/F – Magherafelt District Council Approval

H/2009/0147/F – L & G Devlin Deferred pending Review of draft PPS 21.

H/2009/0150/O – Mr H J Walls Deferred for an Office Meeting on the request of Councillor O T Hughes. Councillor Hughes handed a letter of submission to the Planning Officer.

H/2009/0156/O – Mr M Convery Approval

H/2009/0159/F – Mr N Lynn Approval

H/2009/0160/F – Mr J Overend Approval

H/2009/0162/F – Mr I Gilligan Approval

H/2009/0170/O – Mr J Groogan Deferred for an Office Meeting on the request of Councillor P E Groogan to discuss further information.

H/2009/0178/O – Mr & Mrs J McKenna Deferred for an Office Meeting on the request of Councillor P E Groogan. Councillor Groogan handed a letter of submission to the Planning Officer.

8.1.1 Applications Deferred from Previous Meeting:

H/2006/0949/F – S Elliott Approval (dPPS 21)

H/2007/0179/O – Mr J Conway Approval (dPPS 21)

H/2007/0614/F – Mr J McKeagney Approval (dPPS 21)

H/2007/0632/F – Henry Brothers Deferred in order to consider any new issues raised when considering Application H/2007/0140/F

H/2007/0723/O – Mr J Devlin Approval.

H/2007/0724/RM – Mr & Mrs B McCloskey Approval

H/2007/0844/O – P O’Hagan Approval

H/2007/0882/O – Mr E O’Neill Approval

H/2007/0958/F – Younger Homes Ltd Approval

H/2007/0992/O – Mr J Kelly Approval

H/2007/1107/F – SIB Developments Approval

H/2008/0032/F – P McAllister Approval

H/2008/0092/F – Mrs R Kilgore Approval

H/2008/0150/F – P Young & Sons Ltd Refusal. The Planning Officer advised that there had been one objection to this application.

H/2008/0204/O – Mr L Mitchell Approval

H/2008/0233/F – Mr F Lennox Approval (DPPS 21)

H/2008/0269/F – Mr N McKillen Approval

H/2008/0306/O – Mr W Higgins Approval

H/2008/0326/RM – Miss T Rankin Approval

H/2008/0416/F – Mr I Lawrence Approval

H/2008/0389/RM – Mr D Wallace Approval

H/2008/494/F – Mr P Donnelly Approval

H/2008/0507/F – Mr & Mrs T & A Scott Approval (amended scheme)

H/2008/0517/F – Mr T McNamee Approval

H/2008/0522/F – S Woulahan On the request of Councillor O T Hughes the Planning Officer was instructed to hold the decision notice of refusal for two weeks to allow the applicant’s agent to amend the gate pillars only.

H/2008/0610/A – The Cellar Bar Consent

H/2008/0662/F – Mr J Wallace Refusal H/2008/0665/F – Mr J Steele Approval

H/2008/0686/F – Mr & Mrs J Badger Approval

Councillor Rev Dr R T Wm McCrea retired from the meeting during the Planning Officer’s report.

8.1.2 Submitted Schedule of Planning Decisions issued for the period between 29 March and 28 April 2009 (copy previously circulated to each Member).

Noted.

8.2 Wind Turbine – Owenreagh

Submitted letter and additional information from Mr Pat McEldowney, 160 Sixtowns Road, Draperstown regarding application H/2007/0954 in the names of Carntogher and Kilcronaghan Community Groups - siting of a proposed wind turbine at Lough Patrick, Sixtowns (copy previously circulated to each Member). The letter intimated that it was a good project but the siting was of concern to the people of Sixtowns.

8.2.1 The Planning Officer submitted a copy of the Environmental Impact Statement for the proposed Wind Turbine at Owenreagh which would be available to Members by contacting the Chief Executive’s department.

8.2.2 Members noted Mr McEldowney’s assertion that the application impacted on an area frequented by people on religious pilgrimage and his request that it be deferred until a comprehensive management plan was developed for the Sperrins. Members also debated the potential for the Council to inadvertently establish a precedent of deferring applications indefinitely prior to the Planning Service issuing a recommendation.

8.2.3 The Chief Executive suggested that Members in support of the application should ensure that a copy of the letter be forwarded to the Planning Service and that it be taken into consideration when the application was assessed.

8.2.4 Following discussion Members requested that two presentations be made by both Carntogher and Kilcronaghan Community Groups and the objectors to the Council at the earliest convenience and before the consultation period ended.

The Planning Officer retired from the meeting at 9.25 pm.

8.3 Submitted letters from the Divisional Planning manager, Ballymena Division advising that the Department wished to amend refusal reasons contained in the decision notices in connection with the following appeals:

1 Application H/2004/1343/O for a dwelling and garage 100 metres South of 25 Inishrush Road, Portglenone (copy previously circulated to each Member)

2 Application H/2005/0747/F for a dwelling and garage approximately 90 metres South of 117A Ballyronan Road, Magherafelt (copy previously circulated to each Member).

Noted.

8.4 Submitted letters from the Divisional Planning Manager, Ballymena Division advising that it wished to withdraw refusal reasons contained within the decision notices issued in connection with:

1 Application H/2005/0544 for a dwelling and garage 40 metres North West of 7 Brackaghreilly Road, Maghera (copy previously circulated to each Member).

2 Application H/2005/1026/O for a dwelling to replace existing sheds adjacent to 46 Disert Road, Draperstown (copy previously circulated to each Member).

Noted.

8.5 Following discussion, it was

Proposed by Councillor J F Kerr Seconded by Councillor Miss K A Lagan, and

Resolved: to adopt the Planning Schedule dated 12 May 2009, subject to the above conditions and amendments.

Adjournment of Meeting:

The Chairperson adjourned the meeting for a comfort break at 9.30 pm.

The meeting reconvened at 9.45 pm.

Councillor O T Hughes retired from the meeting at 9.30 pm.

9 Environmental Health Department 196/5/2009

Mr M. Young, Director of Environmental Health submitted the report for the month of April 2009 (copy previously circulated to each Member).

9.1 Food service plan 2009 /2010 Food service plan review 2008 /2009

It was

Proposed by Councillor J F Kerr Seconded by Councillor J J McPeake, and

Resolved: that Council approve the Food service plan 2009/2010 and the Food service plan review 2008 /2009 as detailed in the report.

9.2 Health and Safety service plan 2009 /2010

It was

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

Resolved: that Council approve the Health and Safety Service Plan 2009 /2010 as detailed in the report.

9.3 Health and Safety Executive Northern Ireland

It was

Proposed by Councillor J F Kerr Seconded by Councillor P McLean, and

Resolved: that Council adopt the statement of intent regarding working relations with HSENI and District Councils.

9.4 Food Safety (N.I.) Order 1991

It was

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

Resolved: that Council noted and approved actions of the Environmental health department in relation to food complaint received 17 September 2008.

9.5 Positive Steps 2009

It was

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

Resolved: that a letter of congratulations be sent to St Patrick’s College regarding the successful organisation of the Positive Steps 2009 day.

9.6 It was

Proposed by Councillor I P Milne Seconded by Councillor P McLean, and

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

10 Operational Services Department 322/5/2009

Submitted report by the Director of Operations for the month of April 2009 (copy circulated to each Member)

10.1 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.

10.2 Leisure Services

10.2.1 Items for Information

It was

Proposed by Councillor S Kerr Seconded by Councillor Mrs E A Forde, and

Resolved: that the contents of the report in relation to Leisure Services were noted.

10.3 Technical Services

10.3.1 Items for Information

It was

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

Resolved: that the contents of the report, with the exception of the following resolutions, in relation to Technical Services were noted.

10.3.2 Environmental Youth Speak

It was

Proposed by Councillor J F Kerr Seconded by Councillor Mrs E A Forde, and

Resolved: that both Gillian Blair, Bellaghy Primary School and Susan Haveron, St Mary’s College, Clady be invited to the June meeting of the Council to deliver their ‘Environmental Youth Speak’ talks.

10.3.3 Bi-Lingual Street/Road Nameplates

It was

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

Resolved: that the Council would survey residents living at Ballymaguigan Road Magherafelt, Ballyronan Road Toomebridge, Barrack Road Ballymaguigan, Lough Road Ballymaguigan, Moss Road Ballymaguigan, Oaklea Road Magherafelt, Point Road Magherafelt, Riverside (Gracefield Road) Magherafelt, Shore Road Magherafelt, Waterfoot Road Ballymaguigan, Garden Street Magherafelt and Derramore Drive Magherafelt, regarding the erection of bi-lingual street/road nameplates in these areas.

10.3.4 Bi-Lingual Street/Road Nameplates Translations

It was

Proposed by Councillor J J McPeake Seconded by Councillor J F Kerr, and

Resolved: to approve the translations attached as Appendix 1 to the Directors Report.

10.3.5 Increased Charges for City Waste

It was

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

Resolved: to accept the increase in charges from City Waste as detailed in the Director’s Report.

10.3.6 Play Areas

It was

Proposed by Councillor Miss K A Lagan Seconded by Councillor I P Milne, and

Resolved: to approve the installation of two items of play equipment at the Lisnamuck Play Area at an approximate cost of £9,750.

10.4 It was

Proposed by Councillor J F Kerr Seconded by Councillor J J McPeake, and

Resolved: that the report as submitted be adopted.

11 Development Department

Mrs Anne-Marie Campbell, Head of Policy and Implementation submitted the Development report for the month of April 2009 (copy previously circulated to each Member).

11.1 Community Services

Brown Directional Signs for Bellaghy Bawn

Following discussion it was-

Proposed by Councillor I P Milne Seconded by Councillor G C Shiels, and

Resolved: that Council:

• Submit the recommendation to erect two brown signs for the Bellaghy Bawn to both the Northern Ireland Tourist Board and DRD Roads Service for their approval; and • Write to the Roads Service requesting greater flexibility on the erection of directional signs.

11.2 Policy

Procurement of Services – Stage Payments

Following discussion it was

Proposed by Councillor J F Kerr Seconded by Councillor J J McPeake, and

Resolved: that Council adopt a policy of paying first stage payments of up to 35% of the full contract price for service based contract

11.3 Submitted a further report on Town Centre Regeneration and PEACE III (copy circulated to each Member).

11.4 PEACE III

Appointment of a Managing Agent to Implement the PEACE III Programme on behalf of Magherafelt District Council & The South West Cluster

Following discussion it was

Proposed by Councillor J J McPeake Seconded by Councillor Miss K A Lagan, and

Resolved: that Council

• makes no appointment from this procurement exercise and that letters of rejection are issued to the parties who had made submissions. • Council officers proceed with the recruitment of a PEACE III Programme Manager, Programme Officer and Administrative Officer to manage and implement the PEACE III programme

11.5 It was

Proposed by Councillor J F Kerr Seconded by Councillor Miss K A Lagan, and

Resolved: that the reports as submitted be adopted.

12 Payment of Accounts

Submitted Statement of Expenditure setting out payments to be made during the month of May 2009 (copy circulated to each Member).

The statement made provision for £896,264.80 out of the Revenue Account and £nil out of the Capital Account.

12.1 It was

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

Resolved: to approve the Statement of Accounts as submitted for May 2009.

13 Financial Contributions

Submitted the following letters of application for financial assistance from:

13.1 County Londonderry Football Association

Submitted letter from the Committee of the Football Association seeking a financial contribution towards the costs of running the Premier and Junior teams to compete in the 2009 Northern Ireland International Milk Cup Football Tournament (copy previously circulated to each Member).

13.1.1 Following discussion it was

Proposed by Councillor P McLean Seconded by Councillor G C Shiels, and

Resolved: to make a contribution of £200.

13.1.2 Councillor I P Milne referred to a footballer from Clady not being able to participate, after being selected, because it was presumed that the candidate lived in County Antrim when in actual fact he lived in County Derry although he had a Ballymena postcode. He requested that the Chief Executive speak to the Association to confirm that the player lived in the County and was a resident of Magherafelt Council area and should be allowed to participate in the Tournament. 13.1.3 The Chief Executive requested Councillor Milne to furnish him with the details the footballer before he could contact the Football Association.

13.2 Robert Watt:

Submitted letter from Robert Watt, World Champion Solo Piper from Maghera seeking a contribution towards his costs in participating the World Championship competition and requesting that any contribution be made to Tamlaght O’Crilly Pipe Band (copy of letter circulated to each Member).

13.2.1 Following discussion it was

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

Resolved: that the Council make the normal contribution of £200 which would be paid to Tamlaght O’Crilly Pipe Band.

13.3 Emergency Medical Care:

Submitted letter from Mr Timothy Anderson – Co-ordinator for Emergency Medical Care seeking financial support towards the service provided by EMC and in particular their wheelchair loan service and the upkeep of their two ambulances (copy circulated to each Member).

13.3.1 Following discussion it was

Proposed by Councillor Miss K A Lagan Seconded by Councillor P McLean, and

Resolved: that the Council make a contribution of £1,000 towards EMC’s work in the community.

13.4 Pádraig Ó Baoighill :

Submitted letter seeking a donation of £300 to cover some costs in launching a 120,000 word book on the native speakers of Tyrone and Derry (Ballinascreen Area) in June (copy of letter circulated to each Member).

13.4.1 Following discussion it was

Proposed by Councillor Miss K A Lagan Seconded by Councillor Mrs E A Forde, and

Resolved: that the Council instead of donating to the costs of the launch of the book, purchase a number of copies for use in The Bridewell Tourist Information Centre which was traditionally how the Council dealt with such applications.

13.5 County Derry Fleadh:

Submitted letter from the County Derry Fleadh Organising Committee seeking a contribution towards the expense of organising the yearly Fleadh to be held on 6/7 June 2009 in Draperstown (copy of letter circulated to each Member).

13.5.1 Following discussion it was agreed that the letter of application which was for a cultural event be forwarded to the Magherafelt and District Arts Trust and the Goods Relations Officer for consideration.

14 Conferences and Courses

Consideration was given to the nomination of delegates to attend “Planters in the Valley Conference” which would take place in The Valley Hotel, Fivemiletown on Friday, 22 and Saturday, 23 May 2009 (details previously circulated to each Member). The cost for the full conference was £25 per delegate including lunch and £10 for a tour of plantation sites on Saturday, 23 per delegate.

14.1 On consideration it was agreed to leave nominations open.

15 Consultation Documents

Submitted the following consultation documents:

15.1 The Council’s draft response to the consultation document on Local Partnership Working on Policing and Community Safety: A Way Forward (copy previously circulated to each Member).

15.1.1 Following discussion it was agreed that if any Members wished to change the draft response they should contact the Head of Policy/Implementation – Mrs Anne-Marie Campbell before 4.00 pm on Friday, 15 May 2009.

15.2 Consultation on Equality Impact Assessment on Rural Anti-Poverty and Social Inclusion Framework undertaken by the Department of Agriculture and Rural Development seeking comments by 5 June 2009.

15.3 Consultation on Accessible Transport Strategy Draft Action Plan 2009-2012 seeking a response by 7 July 2009.

15.4 Consultation on the Lough Neagh Levels Scheme 2009 prepared by the Rivers Agency seeking comments by 20 July 2009.

15.5 It was agreed that if any member of party grouping wished to make comments on any of these documents they should contact the Chief Executive.

16 Future of our Public Library Service

16.1 Submitted letter and enclosure from UNISON requesting that the Council embrace its five point plan to safeguard and improve library services (copies previously circulated to Members).

Following discussion it was agreed that the Chief Executive write to UNISON advising of the Council’s support in principle for their campaign to safeguard and improve library services.

17 Roads Service 279/5/2009

Consideration was given to the following:

17.1 Copy of letter and amended Departmental Statement relation to the T8 (A31) Magherafelt By-pass (paragraphs 5.1.1 and 5.1.2) (copy previously circulated to each Member).

Noted.

17.2 Copies of letters, adoption certificates, etc in connection with:

a. Stages 1 & 2 – Development at Magherafelt Road, Castledawson (copy previously circulated to each Member).

b. Stage 1 – Development at Stoney Park, Swatragh (copy previously circulated to each Member).

Noted.

18 Dates and Times of Meetings

18.1 Annual Meeting:

Following discussion it was agreed that the Annual Meeting would be held on Tuesday, 9 June 2009 at 6.00 pm and that the monthly Council meeting should follow at 7.00 pm.

18.2 Council Meetings in July and August:

Following discussion it was agreed that the Council would follow the usual arrangement of not holding a Council Meeting in July and that the monthly meeting in August would be on the second Tuesday as usual, that is, Tuesday, 11 August 2009 at 7.30 pm.

18.3 D’Hondt System:

Discussion took place on the system to be used at the Annual Meeting and whether the Council would operate D’Hondt on the basis that positions for the next two years would be allocated as at the start of a normal four-year Council term, that is, the next two years would be treated as Years 1 and 2 or alternatively that the D’Hondt mechanism would be continued over the two years immediately following the end of a normal four-year Council term, that is, Years 5 and 6.

It was

Proposed by Councillor J F Kerr Seconded by Councillor I P Milne

That the Council operates D’Hondt as Years 1 and 2.

Councillor Miss K A Lagan suggested that the Council operate D’Hondt as Years 5 and 6.

On a vote being taken 7 Members voted for the motion, 2 Members voted against, 3 Members abstained, voting by show of hands.

The Chairperson, Councillor Mrs K A McEldowney declared the motion carried.

19 Resolution to Proceed “In Committee”

It was

Proposed by Councillor P McLean Seconded by Councillor Mrs E A Forde, and

Resolved: that the Council proceeds “In Committee”.

Council “In Committee”

20 North West Region Waste Management Group