MAGHERAFELT DISTRICT COUNCIL
Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, 50 Ballyronan Road, Magherafelt on Tuesday, 09 February 2010. The meeting commenced at 7.30 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 J F Kerr Miss K A Lagan Mrs K A McEldowney I P Milne Miss B Scullion
Apologies:
J J McPeake Rev Dr R T Wm McCrea G C Shiels
Officers Present: J A McLaughlin (Chief Executive) J J Tohill (Director of Finance and Administration) W J Glendinning (Director of Building Control) A Cassells (Director of Operations) M Young (Director of Environmental Health) Mrs Anne-Marie Campbell (Head of Policy/Implementation) A Boyle (Deputising for Chief Executive’s Secretary)
Representatives from Other Bodies in Attendance
Northern Ireland Electoral Office: Ms Rae Kirk Ms Mandy Hassan
DoE Planning Service: Mrs Sandra Adams – Planning Officer
1 Minutes
1.1 Minutes of Meeting of the Council held on Tuesday, 12 January 2009
1.1.1 It was
Proposed by Councillor J F Kerr Seconded by Councillor P J Bateson, and
Resolved: that the Minutes of the Council Meeting held on Tuesday, 12 January 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 Tuesday, 19 January 2010
Councillor Mrs A E Forde stated that she had requested an apology on behalf of Councillor J Crawford, but the attendance of the Minute did not have Councillor Crawford’s apology recorded.
1.2.1. It was
Proposed by Councillor T J Catherwood Seconded by Councillor J F Kerr, and
Resolved: that the Minutes of the Special Meeting held on Tuesday, 19 January 2010 subject to the above amendment be taken as read and signed as correct (copy previously circulated to each Member).
2 Matters Arising Out of the Minutes
2.1 Submitted letter of thanks from Home Start for the Council’s donation towards their Christmas Appeal.
2.2 Submitted letter of thanks from Race Against Multiple Sclerosis for the Council’s donation of £200.
2.3 Submitted letter of reply from the Department of Regional Development in connection with the Chief Executive’s letter to Conor Murphy MP, MLA requesting an urgent review of legislation relating to the clearance of snow and salting of footpaths.
2.4 The Chief Executive reported that the reply consisted of three pages with only a couple of significant paragraphs. The letter stated that “in consultation with NILGA, Roads Service had drawn up a draft legal agreement and that one of the key elements of this agreement was that councils would indemnify the Roads Service against all losses and claims, which were not the responsibility of the Department”. The letter continued by saying that “this was mainly in relation to public or employers’ liability claims arising from negligence and/or breaches of health and safety by councils. That apart, Roads Service would continue to accept responsibility for other losses and claims arising from the duty on the Department under the Roads (NI) Order 1993”.
2.5 The letter also intimated that “The Minister was aware that during the recent prolonged cold spell many councils had voiced concern about the problems caused by ice and snow on town centre footways and pedestrian areas. As a result, he had asked the Chief Executive of Roads Service to revisit these proposed partnering arrangements with councils. In conclusion the letter stated “it was unlikely that an agreement would be in place before next winter”.
2.6 A short discussion took place on the letter of reply where some Councillors stated that more clarity was required on what liability entailed. The Chief Executive was of the opinion that it would be impossible to write a waterproof public liability indemnity claim like the Department wanted which would cover all eventualities. Councillors also said that there were a small number of councils who had signed up and wondered what way it was working for them. It was stated that Belfast City Council were one of the councils but they had assumed the insurance risk as part of their self insurance policy.
2.7 The Chief Executive was asked to get legal opinion on what the implications were for the Council of the two paragraphs highlighted in the letter of reply from the Department of Regional Development.
3 Good Wishes
3.1 Councillor J F Kerr informed Members that the Chairman, Councillor JJ McPeake had recently been in hospital and asked that a basket of fruit and a message of good wishes be sent to him. All Members agreed.
4 Suspension of Standing Orders
4.1 Councillor Miss K A Lagan requested that Standing Orders be suspended in order to bring forward an emergency motion regarding the cost incurred for the testing of soak aways from septic tanks
It was
Proposed by Councillor O. T Hughes Seconded by Councillor J Campbell, and
Resolved: that the Council suspend Standing Orders
5. Emergency Resolution
5.1 Councillor Miss K A Lagan proposed that the Council adopt the following resolution:
“That this Council expresses concern at the lack of consultation prior to designating Magherafelt District as a pilot area for testing soak aways from septic tanks incurring a cost of £110 per household”
5.2 Councillor Miss K A Lagan in support of her Motion explained that some of the constituents in the electoral area which she represented had received letters in November 2009 from the Northern Ireland Environment Agency (NIEA) stating that, although all effluent discharges which were not connected to the public sewer required the consent of the Department under the Water (NI) Order 1999, the Department had no record of a consent to discharge effluent for the properties in question. The letters also enclosed an application form for a consent to discharge and instructed the recipients of the letters to complete and submit the form to the Department together with a fee of £110. Subsequently in January 2010, the constituents received a further letter from the NIEA which advised the owner/occupier of the properties in question to make the application for consent to discharge within 28 days to prevent the Department initiating the issue of a formal notice under the Water Order which could result in a criminal conviction punishable by imprisonment and/or a fine not exceeding £20,000.
5.3 Councillor Lagan expressed her concern at how NIEA was handling the issue and asked that the Council seek an urgent meeting with Mr Gareth Parke, Water Quality Inspector with the Northern Ireland Environment Agency to discuss the issue and, in addition, request that NIEA take no further action in relation to this matter until after the meeting had taken place.
5.4 Discussion took place and some other Councillors said that they had been approached about the same problem and all were in agreement that the Council should express its outrage at how the matter was being handled, especially in the light of the NIEA’s previous apparent failure to address discharge issues at the pumping station at Maghera.
Following discussion, it was
Proposed by Councillor Miss K A Lagan Seconded by Councillor J Crawford, and
Resolved: that the Council write to Mr Gareth Parke, the Water Quality Inspector with the Northern Ireland Environment Agency requesting an urgent meeting with a delegation of Council Members (one from each party grouping) to discuss this matter and also request that the Department take no further action in relation to this matter until after this meeting had taken place.
6 Resumption under Standing Orders
It was
Proposed by Councillor J F Kerr Seconded by Councillor I P Milne, and
Resolved: that the Council resume under Standing Orders.
7 Electoral Office Presentation
7.1 The Vice Chairman, Councillor Paul McLean welcomed Ms Rae Kirk, Area Electoral Officer and Ms Mandy Hassan, Assistant Electoral Officer to the Meeting and asked them to proceed with their Presentation.
7.2 Ms Kirk thanked the Council for the opportunity to present their Presentation and explained that she would deliver the presentation before taking questions and comments from Members at the end.
7.3 Ms Kirk gave a brief outline of the upcoming electoral process and explained the process of continuous registration and the benefits of being registered. She also outlined the ID Documents which were acceptable to the Electoral Office and indicated that the Electoral Office could supply voters with an Electoral Identity Card. She said that Electoral ID Cards were free of charge, widely recognised for travel purposes, and were acceptable for proof of age as well as being an acceptable means of identification on Polling Day. She also explained the process for registering absent votes and confirmed that as the next anticipated election was a “General Election” votes would be cast by marking an “X” on the voting slip as opposed to marking “1, 2, 3, etc.”.
7.4 Members took the opportunity to ask questions and to clear up any queries that they had.
7.5 The Vice-Chairman thanked the Representatives from the Electoral Office for their informative presentation.
The Electoral Office representatives retired from the meeting at 8.05p.m.
8 Building Control Department 210/02/2010
The Director of Building Control presented the Department’s reports for the period 1 January to 31 January 2010 (copy previously circulated to each Member).
8.1 During this period forty-three applications had been recommended for approval and one hundred and seventy-nine applications required amending by Architects and Agents before granting approval.
8.2 Mr Glendinning explained that the Council could expect lists of rejected applications to reduce this backlog where architects and agents had neglected to provide sufficient information for a successful approval of their plans. He also explained that clarification of the process of rejecting plans meant that amendments could be made to a rejected file at a later date, therefore reopening the file to comply with the Regulations that were current at the time the application was first submitted.
8.2.1 This means that when a development has already been built then that building could comply with the regulations that applied at the time of plan submission and not have to comply with new regulations if a new application was required as previously was the case.
8.2.2 During the period from 1 December 2009 to 31 January 2010 there were four number extensions and twenty eight number cancellations which had gone beyond the four year expiry date and not having commenced on site.
8.3 Applications for Notices and Regularisations
During the period from 1 December 2009 to 31 January 2010 there were two Regularisations and two Notices issued.
During the period from 1 December 2009 to 31 December 2009 thirty- three applications have commenced on site and thirty-two applications were found to be complete in accordance with Building Regulations.
8.4 Property Certificates
There were twenty-four Property Certificates issued for this period.
8.5 It was
Proposed by Councillor Miss K A Lagan Seconded by Councillor T J Catherwood, and
Resolved: to adopt the report as submitted.
8.6 Discharge Consent Approval from Septic Tanks
Mr Glendinning asked for time to explain the responsibility of Building Control in relation to letters householders had received from N I Environment Agency asking for proof of their discharge consent approval from septic tanks.
Mr Glendinning explained that there were three approvals required from various departments when persons proposed to build or renovate a dwelling or a building where waste was discharged.
1 Planning Approval 2 Building Regulation Approval 3 NI Environment Agency (discharge consent)
He suggested that householders may have received the letters from the N I Environment Agency due to wrong addresses such as the original application being adjacent to neighbours property or that their agent had neglected to apply for discharge consent at the time of submitting plans to the other departments.
He pointed out that Building Control was responsible for the construction detailing of dwellings or buildings, the drainage to the septic tank and the construction or type of septic tank installed, but that Building Control had no legislative responsibility for the effluent discharge drainage from the septic tank.
He also explained that Building Control advises applicants of their need to apply for septic tank discharge consent in an informative leaflet included in the Building Control approval pack.
9 Naming and Numbering of Streets PN 175/156
9.1 During the period from 1 December 2009 to 31 December 2009 thirteen new Postal Numbers and Postcodes were issued for private dwellings.
9.2 Mr Glendinning explained that the address number of No 11 Desertmartin Road, Tobermore had now been requested to be changed to 37 Calmore Road Tobermore for the second time. The request came from the occupants’ son who was building a dwelling adjacent to his father’s dwelling and wanted the new house addressed onto the Calmore Road with the address number 35.
9.3 On consideration it was
Proposed by Councillor Miss K A Lagan Seconded by Councillor T J Catherwood and
Resolved: that No. 11 Desertmartin Road, Tobermore be addressed as 37 Calmore Road, Tobermore.
9.4 A new housing development at Longfield Road, Desertmartin for NK Construction. The name suggested was ‘Longfield Park’.
9.5 On consideration it was
Proposed by Councillor Miss K A Lagan Seconded by Councillor T J Catherwood, and
Resolved: that the new housing development at Longfield Road, Desertmartin be named “Longfield Park’.
9.6 It was further
Proposed by Councillor Miss K A Lagan Seconded by Councillor T J Catherwood, and
Resolved: to adopt the report as submitted.
10 Licenses and Registrations
10.1 Entertainments Licences:
Submitted the following applications for an Entertainments Licence which were recommended for renewal:
E.42 Assembly Hall, 25 Coleraine Road, Maghera – St Patrick’s College
E.54 Gardiners Restaurant, 7 Garden Street, Magherafelt – Mr Sean Owens
E.78 Assembly Hall, 20 Moneymore Road, Magherafelt – Magherafelt High School
E.44 Michael Davitts Hall, 30 Garvagh Road, Swatragh – Michael Davitts GAC
E.31 St Malachy’s GAC, 55 Brough Road, Castledawson – Mr Sean Cushley
E.95 The Fireside Inn, 1 Quarry Road, Knockloughrim – Mr Aubrey Shiels
E.11 The Cellar Bar, 37 St Patrick’s Street, Draperstown – Mr Ryan Lagan
E.33 The Johnston Hall, Rainey Street, Magherafelt – Rainey Endowed School
E.50 The Old Thatch Inn, 116 Hillhead Road, Castledawson – Mr Joseph McLarnon
E.15 Watty Graham’s Social Club, 62 Tirkane Road, Maghera – Ms Roisin Lagan
10.1.1 It was
Proposed by Councillor P J Bateson Seconded by Councillor I P Milne, and
Resolved: to approve the applications as submitted.
10.2 Amusement Permit
Submitted an application for the renewal of an Amusement Permit under the Betting, Gaming, Lotteries and Amusement (NI) Order 1985 for the following premise which was recommended for renewal:
A4 Kathleen McMullin, 69 Kilrea Road, Upperlands
10.2.1 On consideration it was
PROPOSED by Councillor J F Kerr Seconded by Councillor O T Hughes, and
RESOLVED: that the application as submitted be renewed.
10.3 Bingo Club Licence:
The following application was received for a Bingo Club Licence which was for the information of Members:
JPC Leisure Limited – Empire Bingo, 12 Union Road, Magherafelt.
10.4 Caravan Licence
Submitted the following application for a Caravan Licence which was in order and recommended for renewal:
CV1 Colin J Doyle, 220 Sixtowns Road, Draperstown
10.4.1 On consideration it was
Proposed by Councillor J F Kerr Seconded by Councillor O T Hughes, and
Resolved: to approve the application as submitted.
11 Planning Service 185/02/2010
11.1 New Planning Applications:
H/2007/0353/F – G Crawford Deferred for an Office Meeting on the request of Councillor J Crawford. Councillor Crawford stated that Councillor G C Shiels had requested that he be included in the Office Meeting.
H/2007/0805/RM – Mr H Graham Approval. The Planning Officer advised the Members that the proposal was for 48 houses and not 49 as stated.
H/2008/0599/F – Mr R Brown Deferred for an Office Meeting on the request of Councillor J Campbell. Councillor Campbell handed a letter of submission to the Planning Officer.
H/2008/0660/F – Sac Plumbing and Heating Deferred for one month for submission of additional information on the request of Councillor Miss K A Lagan.
H/2009/0021/F – Tobermore Concrete Approval
H/2009/0095/F – P & K McGaigue Approval
H/2009/0208/F – Mr N Bradley Approval
H/2009/0378/F – Mr S Hamilton Deferred for an Office Meeting on the request of Councillor I P. Milne. Councillor Milne stated that the Chairman, Councillor JJ McPeake had requested that he be included in the Office Meeting.
H/2009/0422/O – Mr W Kyle Approval
H/2009/0441/F – Mr N Coleman Deferred for one month for additional information on the request of Councillor P J Bateson. Councillor Bateson handed a letter of submission to the Planning Officer.
H/2009/0448/F – Traad Enterprises Deferred for one month for additional information on the request of Councillor P J Bateson. Councillor Bateson handed a letter of submission to the Planning Officer.
H/2009/0476/O – Mr H Shivers Deferred for an Office Meeting on the request of Councillor I P. Milne. Councillor Milne stated that the Chairman, Councillor JJ McPeake had requested that he be included in the Office Meeting.
H/2009/0481/O – Ms O’Connor Approval
H/2009/0499/F – J & T Hastings Approval
H/2009/0536/F – D McGuigan Approval
H/2009/0624/F – Mr G Hyndman Approval
H/2009/0633/F – Mr & Mrs S O’Neill Approval
H/2009/0641/O – B Breen Approval
H/2009/0653/RM – K & W Conway Approval
H/2009/0668/F – N & M Lennon Deferred for an Office Meeting on the request of Councillor J Campbell.
H/2009/0676/F – Mr J Higgins Deferred pending the outcome of PPS21
H/2009/0680/O – Mr J McLarnon 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/2009/0682/F – Mr & Mrs P and Mrs S Boyle Approval
H/2009/0687/F – Genmark Developments Ltd., Approval
H/2009/0690/F – Ms M O’Kane Approval
H/2009/0691/F – Mr P Clarke Approval
H/2009/0693/F – S Donnelly Deferred for an Office Meeting on the request of Councillor P E Groogan.
H/2009/0698/F – Mr D McCloy Deferred for an Office Meeting on the request of Councillor J Campbell.
H/2009/0699/F – Kiddies Castle Early Years Approval
H/2009/0704/F – Northern Ireland Water Ltd Approval
H/2009/0705/F – Mr P Quigg Approval
H/2009/0707/O – Mr P Wilson Approval
H/2009/0708/F – Mr C Trainor Approval
H/2009/0717/O – G Neely Approval
11.1.1 Applications Deferred from Previous Meeting:
H/2003/1446/F – Bellaghy GAC Approval
H/2006/0037/F – W McClelland Refusal.
H/2007/0190/O – Mr W C Agnew Approval
H/2007/0213/F – Mr K O’Kane Approval
H/2007/0250/F – F P McCann Approval
H/2007/0458/O – Mrs J Hegarty Approval
H/2007/0739/O – A McKee Approval
H/2007/0841/O – P Toner Approval
H/2007/0848/O – P Wilson Approval
H/2009/0066/F – Mr A Toner Approval
H/2009/0224/O – Mr C Hegarty Approval
H/2009/0234/O – Mr T McCann Approval
H/2009/0240/F – Heron Brothers Deferred pending the outcome of Draft PPS 21
H/2009/0308/F – D Donnelly Approval
H/2009/0347/F – Ms J Doyle Approval
H/2009/0423/F – Mr G Eakin Approval
H/2009/0425/F – Mary Catherine & Dermot Madden Approval
H/2009/0442/F – Mr A McGuckin Approval
H/2009/0443/O – Mr P Scullion Deferred pending the outcome of Draft PPS 21
H/2009/0456/O – Heron Property Limited Deferred pending the outcome of Draft PPS 21
H/2009/0507/O – M Convery Approval
11.1.2 It was
Proposed by Councillor O T Hughes Seconded by Councillor J F Kerr, and
Resolved: to adopt the Planning Schedule dated 9 February2010 subject to the above conditions and amendments.
11.2 Streamlined Consultation Decisions
The Planning Officer reported that she would like to give a current update on how the Streamlined Consultation Process was going and informed Members that the average processing time was 35 days.
Submitted schedule of Streamlined Consultation Decisions issued for December 2009 (copy previously circulated to each Member).
Noted.
11.3 Turley Associates
Submitted letter from Turley Associates requesting a “letter of support” from The Council (copy previously circulated to each Member) regarding Upperlands Regeneration Scheme.
11.3.1 Some Members expressed concerns about giving a letter of support to one Developer and not to others and that it could be seen as setting some sort of a precedent.
11.3.2 The Chief Executive advised the Members that it was not unusual for the Council to provide letters of support for certain developments. In fact, in not replying negatively to consultations by the Planning Service and the Planning Appeals Commission, the Council was probably viewed as lending its support. He further pointed out that, although it was in his opinion a unique development proposal, it would ultimately be the Members’ decision whether or not to issue a letter of support.
11.3.3 Following discussion, it was
Proposed by Councillor P McLean Seconded by Councillor O T Hughes,
That the Council give a letter of support to Turley Associates in relation to the Upperlands Regeneration Scheme.
11.3.4 On a vote being taken, 8 Members voted for the Motion, 4 voted against, voting being by show of hands. The Vice Chairman used declared the Motion carried.
The Planning Officer retired from the meeting at 8.15 p.m.
12 Planning Appeals Commission 218/01/2010
12.1 Submitted letter dated 13 January 2010 and an Appeal Against Enforcement Notice issued on 16 December 2009 to Mr Aidan Scullion in connection with an alleged unauthorised entrance pillars, walls, gates and access on lands at 85 Deerpark Road, Bellaghy requesting that any representations which the Council may wish to make be submitted before 16 February 2010 (5 weeks from 13 January 2010), (details previously circulated to each Member).
12.1.1 Noted
12.2 Submitted letter dated 18 January 2010 and an Appeal Against Enforcement Notice issued on 10 December 2009 to Mr John Wallace in connection with an alleged unauthorised walls, gates and pillars on lands at 38 Scribe Road, Ballymacpeake Upper, Bellaghy requesting that any representations which the Council may wish to make be submitted before 22 February 2010 (5 weeks from 18 January 2010), (details previously circulated to each Member).
12.2.1 Noted
13 Environmental Health Department 196/02/2010
13.1 The Vice-Chairman, Councillor Paul McLean asked that Members’ congratulations be passed on to Mrs Susan Martin and Mrs Clare McAllister on the birth of their new babies recently.
Mr M. Young, Director of Environmental Health submitted the report for the month of January 2010 (copy previously circulated to each Member).
13.2 Public Health (Ireland) Act 1878
After due consideration of a report relating to conditions prejudicial to health at 14 Killymuck Road, Kilrea
13.2.1 It was
Proposed by Councillor J F Kerr Seconded by Councillor T J Catherwood, and
Resolved: that, being satisfied that a nuisance exists, a notice be served under the Public Health (Ireland) Act 1878 on the owner of 14 Killymuck Road, Kilrea to abate the nuisance.
13.3 FOOD SAFETY (NORTHERN IRELAND) ORDER 1991
13.3.1 Mr M. Young informed Members of a complaint received on 15 January 2010 alleging a foreign body in a meal purchased in a local restaurant.
After due consideration of all the circumstances, it was
Proposed by Councillor J Crawford Seconded by Councillor J F Kerr, and
Resolved: that a warning letter be sent to the food business operator, which would include a number of recommendations to improve their food safety management system.
13.4 PRIVATE TENANCIES (N.I.) ORDER 2006
13.4.1 Mr M. Young provided information on the quarterly return to the Department of Social Development (DSD) for the period October 2009 to December 2009.
13.4.2 Councillor J F Kerr referred to a consultation paper from DSD and asked Mr Young if a more proactive approach may assist enforcement.
13.4.3 Mr Young referred to activities within the Environmental Health Department as regards the Order.
13.4.4 After discussion it was suggested by the Chief Executive that Magherafelt Advice Services could assist in increasing public awareness of the role District Councils take in enforcing statutory conditions associated with the private rented sector.
13.5 It was
Proposed by Councillor J F Kerr Seconded by Councillor Mrs A E Forde, and
Resolved: that Council adopt the remainder of the report, which was for information.
14 Operational Services Department 322/01/2010
Submitted report by the Director of Operations for the month of January 2010 (copy circulated to each Member)
14.1 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.
14.2 Operational Services
14.2.1 Items for Information
Following a short discussion during which the provision of Play Areas was raised it was:
Proposed by Councillor J F Kerr Seconded by Councillor O T Hughes, and
Resolved: That the contents of the Directors report in relation to ‘Items for Information’ for Technical and Leisure Services were duly noted and that the Director of Operations would prepare a report on the demands for the provision of Play Areas at a future meeting of the Council.
14.2.2 In relation to the Public Toilets at Derrynoid Road, Draperstown and following a discussion it was:
Proposed by Councillor P E Groogan Seconded by Councillor Miss K A Lagan, and
Resolved: that given the vandalism being reported in relation to this Council facility that the toilets would be closed at 5pm each day in order to establish any relationship between the damaged caused and opening beyond 5pm.
14.3 Leisure Services: Item for Decision
14.3.1 Client Support Agreement: Pulse Fitness
It was
Proposed by Councillor J Crawford Seconded by Councillor P Bateson, and
Resolved: That, the current arrangement with Pulse Fitness for the provision of marketing and sales support at the Bridewell Fitness Suite and Maghera Leisure Centre be extended until the end of March 2011 with an option to extend beyond this date on a month by month basis up to a maximum of a further 18 months.
14.4 Technical Services: Items for Decision
14.4.1 Production of a Blue and Brown Bin Film/DVD
It was Proposed by Councillor J F Kerr Seconded by Councillor P E Groogan, and
Resolved: That, in conjunction with NEELB-TV, a short, approximately 10minute, film be produced for circulation to schools in relation to the ‘life cycle’ of the material that the Council collects through its Blue and Brown Bin kerb-side collection service. The Council’s financial contribution to be production is to be in the order of £3,000.
14.4.2 Producer Responsibility for Waste Batteries
It was
Proposed by Councillor P E Groogan Seconded by Councillor I P Milne, and
Resolved: That the Council endorses the appointment of GRP-Geodis as the preferred provider in relation to the free collection of Waste Batteries from its Household Waste Recycling Centre’s as identified by the recent tender exercise carried out by the NWRWMG.
14.4.3 Bi-Lingual Street/Road Nameplates
It was
Proposed by Councillor J F Kerr Seconded by Councillor P Bateson, and
Resolved: That the Council would survey the residents living on Meeting Street and Ballyronan Road, Magherafelt with regards to the erection of a bi-lingual street/road nameplates on those roads/streets.
14.4.4 Technical Services Scale of Charges 2010/2011
The Director sought the Chairman’s permission to introduce an additional item. The Chairman granted permission for the item, which was contained in the Members packs, to be tabled.
Following a short discussion where it was noted that the vast majority of any increases were as a direct result of the £8/tonne increase in landfill tax
It was
Proposed by Councillor O T Hughes Seconded by Councillor J Campbell, and
Resolved: That the Council would adopt the proposed scale of charges for Technical Services as tabled by the Director of Operations.
15 Development Department
15.1 Mrs Anne-Marie Campbell, Head of Policy/Implementation submitted the Development report for the month of January 2010 (copy previously circulated to each member)
15.2 Community Services
15.2.1 Magherafelt Arts Trust – Celebration of the Arts
Following discussion it was-
Proposed by Councillor O T Hughes Seconded by Councillor Miss K A Lagan, and
Resolved: that Councillors will give their support to the preparation of and be involved in a Celebrations of the Arts evening in the autumn of 2010.
15.2.3 Letter of Support
Following discussion it was
Proposed by Councillor J Campbell Seconded by Councillor I P Milne, and
Resolved: that Council issue a letter of support for the development of tourist accommodation by Mr Peter Donnelly.
15.2.4 Events and Festivals Grant
Following discussion it was
Proposed by Councillor J F Kerr Seconded by Councillor PJ Bateson, and
Resolved: that grant funding is awarded to the following applicant at the amount listed.
15.2.5 Good Relations Grant
Name of Group Recommended funding Mid Ulster Athletics Club £3,000
15.3 Good Relations
15.3.1 Good Relations Grant
Following discussion it was
Proposed by Councillor J F Kerr Seconded by Councillor Mrs A E Forde; and
Resolved: that grant funding is awarded to the following applicants at the amount listed.
15.3.2 Good Relations Grant
Name of Group Recommended funding Tobermore Old Standard £700 LOL 131 Friends of Lough Patrick £700
15.3.3 Good Relations Project shortlisted for NILGA Award
Following discussion it was
Proposed by Councillor K Lagan Seconded by Councillor J Campbell; and
Resolved: that the Council’s Good Relations Officer attend the evening event of the NILGA Annual Conference on Thursday 18 February 2010.
15.4 Economic Development
15.4.1 China Explorer Programme - 107 Canton Fair
Following discussion it was
Proposed by Councillor J F Kerr Seconded by Councillor P J Bateson, and
Resolved: that a trade mission for Magherafelt businesses be organised in April 2010 to the Canton Fair at a cost of £6,920. It was also approved that Chris McCarney and Anne-Marie Campbell attend the Canton Fair in April 2010.
15.5.1 It was
Proposed by Councillor J F Kerr Seconded by Councillor P J Bateson, and
Resolved: that the report as submitted be adopted.
16 Payment of Accounts 02/2010
Submitted Statement of Expenditure setting out payments to be made during the month of February 2010 (copy circulated to each Member).
16.1 The statement made provision for £1,315,519.84 out of the Revenue Account and Nil out of the Capital Account.
16.2 It was
Proposed by Councillor Miss K A Lagan Seconded by Councillor J F Kerr, and
Resolved: to approve the Statement of Accounts as submitted for February 2010.
17 TENDERS
17.1 Tender for Replacement Mechanical Road Sweeper
Following presentation of the Tender Report by the Director of Operations
It was
PROPOSED by Councillor J F Kerr Seconded by Councillor P J Bateson, and
Resolved: That the Council would purchase one 13-15t Scarab Mistral Mechanical Road Sweeper (based on an IVECO chassis) from McCreath Taylor (NI) Limited in the sum of £94,091.00 (ninety four thousand and ninety one pounds only) as tendered.
17.2 Tender for Replacement Multi-purpose Compact Sweeper
Following presentation of the Tender Report by the Director of Operations
It was
PROPOSED by Councillor O T Hughes Seconded by Councillor J Crawford, and
Resolved: That the Council would purchase one Hako Citymaster 1200 multi-purpose compact sweeper from SP Plant (Newtownards) in the sum of £46,890 (forty six thousand eight hundred and ninety pounds only) as tendered.
18 Financial Contributions 56/02/2010
Submitted the following letters of application for financial assistance from:
18.1 Special Olympics:
Submitted letter from the Special Olympics Ireland dated 9 November, 2009 seeking a financial contribution towards 2 Athletes from the Magherafelt District who are competing in the Special Olympics Ulster Team 2010 – All Island Games in Limerick. The Chief Executive advised that the cost to send these 2 Athletes to these games was £708 and each of the Athletes with the assistance of their Clubs had undertaken to collect £400 each, leaving a shortfall of £308 per Athlete, (copy previously circulated to each Member).
18.1.1Following discussion, it was
Proposed by Councillor P E Groogan Seconded by Councillor I P Milne, and
Resolved: that the Council make up the shortfall of £308 per Athlete to allow them to participate in the Special Olympics Ulster Team 2010 – All Island Games.
18.2 Multiple Sclerosis Society:
Submitted letter dated 23 November 2009 from the Mid Ulster Branch of Multiple Sclerosis Society seeking financial assistance to help people in the Mid Ulster Area who are afflicted with Multiple Sclerosis, (copy previously circulated to each Member).
18.2.1Following discussion it was
Proposed by Councillor Miss K A Lagan Seconded by Councillor J F Kerr, and
Resolved: that the Council makes a financial contribution of £750 to the Mid Ulster Branch of the Multiple Sclerosis Society.
18.3 Maghera Day Centre:
18.3.1 Submitted letter from representatives of Maghera Day Centre Special Pool Team seeking financial assistance towards the cost of 4 Clients and 2 Carers who are going to take part in the European Black Ball Association/Masters which is to be held on Bridlington, Yorkshire from 27th April to 2nd May 2010, (copy previously circulated to each Member).
18.3.2 The Chief Executive advised that a financial contribution had already been made in this Financial Year so therefore the Council would not be in a position to give another contribution.
18.3.3 The Chief Executive further advised that the Council should write to Maghera Day Centre advising them that a contribution had already been given and suggest that they may consider applying again in the next financial year.
18.4 Big Breakfast:
Submitted letter dated 4 February 2010 from the Big Breakfast Maghera for Cancer Research seeking financial assistance towards their annual “Big Breakfast” which was being held on Friday 5 March 2010, (copy handed out to each Member).
18.4.1 Following discussion it was
Proposed by Councillor P E Groogan Seconded by Councillor J Crawford, and
Resolved: that the Council make a contribution of £300 towards the Annual Big Breakfast in aid of Cancer Research being held on Friday 5 March 2010.
19 Conferences and Courses
Consideration was given to the nomination of delegates to attend the following:
19.1 People & Participation – The Potential for Community Planning Conference:
Submitted details of a Conference entitled People & Participation – The Potential for Community Planning, which Newry & Mourne District Council were hosting in the Canal Court, Newry on Wednesday 3 March 2010, details enclosed.
The Chief Executive advised that the date of the Conference was actually 3 February 2010 and that it had already taken place.
Noted
20 Age Concern Help the Aged NI
Submitted letter from Age Concern Help the Aged NI asking the Council to endorse their “Fir for Purpose” Programme, (copy previously circulated to each Member).
It was
Proposed by Councillor J F Kerr, Seconded by Councillor I P Milne, and
Resolved: that the Council endorses Age Concern’s “Fit for Purpose” Programme.
21. Lough Neagh and Lower Bann Advisory Committees
21.1 Submitted letters from the Ulster Angling Federation Ltd, Inland Waterways Association of Ireland, and Lough Neagh and Lower Bann Advisory Committees, (copies previously circulated to each Member). These letters all expressed their disappointment that Magherafelt Council had withdrawn their funding for the Committees and urged the Council to reconsider its decision.
21.2 The Chief Executive informed Members that the Committees were only two of a plethora of bodies involved in this area and that, in his opinion, neither Committee had actually delivered very much during their years of existence. He informed the Members that a letter had been previously written to the Minister advising that there was a plethora of bodies and that the Council was not willing to fund either of the Committees until an independent evaluation of the contribution made by all the bodies was performed, but the Department had sidestepped this request. He said that he felt that the Lough Neagh Partnership was the most productive of all the bodies involved in this area but it too faced funding difficulties.
21.3 A short discussion took place as to whether the Council should recommence its funding of the Lough Neagh and Lower Bann Committees.
21.4 Councillor Milne requested that the Lough Neagh and Lower Bann Committee be informed that he was no longer the Council representative on its Board.
21.5 Councillors Bateson asked if the Council was still prepared to support the Lough Neagh Partnership.
21.6 The Chief Executive stated that this was possible providing the Lough Neagh Partnership could produce a financial plan that demonstrated that it was sustainable.
He suggested that Councillor Bateson should go back to the Lough Neagh Partnership and get it to provide the Council with a financial plan showing its own sustainability.
21.7 The Head of Policy/Implementation reported that she understood that the Lough Neagh Partnership had made an application for funding from the Rural Development Programme.
On consideration it was
Proposed by Councillor O T Hughes Seconded by Councillor P E Groogan, and
Resolved: that the Council would not fund the Lough Neagh and Lower Advisory Committees at this time but would consider supporting the Lough Neagh Partnership providing it could produce a financial plan showing its own sustainability.
22 RATE ESTIMATES 2010/2011 209/02/2010
The Chief Executive explained that a Party Group Leaders meeting had been held prior to the Council meeting to discuss the Rate Estimates for 2010/11. He submitted the Rate Estimates for the 2010/2011 financial year which included the relevant Group Estimates (copies circulated to each Member).
The Chief Executive explained that, although the proposed Rate increase of 8.4% was high relative to the Council’s Rate increases in the preceding ten years, during which period the Council’s Rate had increased by a cumulative 42% in comparison to an increase in the Northern Ireland average District Rate of 71%, this Rate increase would still result in the Council having the fourth lowest District Rate of all twenty six councils in Northern Ireland for 2010/11.
He went on to explain that the proposed Rate increase would go some way to reduce the differential between the Council’s current District Rate and the District Rates of Cookstown and Dungannon district councils thereby addressing in a phased manner the convergence issues brought about by the Review of Public Administration. If the Council did not address these issues in a phased manner the Magherafelt district ratepayers would be faced with a massive increase in their District Rate when the three councils actually combined simply because of the present differential in the three councils’ District Rates.
The Chief Executive went on to outline the main factors combining to produce the proposed 8.4% increase as follows:
£ Landfill Tax 150,000 1.7 % Closing Dump 229,600 2.6 % Single Status 100,000 1.1 % Increases in Superannuation 30,000 0.3 % Increased rates 70,000 0.8 % Advice services 30,000 0.3 % Loss of income – Building Control 90,000 1.0 % - Maghera Leisure Centre 30,000 0.3 % NWRWMG 15,000 0.2 %
Other (13,203) (0.1)% ______Increase in Net Expenditure 731,397 8.4%
The combination of these factors gave rise to the proposed District Rate of 0.2541p, an increase of 0.0196p or 8.4%.
On consideration it was
Proposed by Councillor O T Hughes Seconded by Councillor P E Groogan , and
Resolved: that the Council:
(a) Approve the Estimates for 2010/2011 including the Northern Group Systems (Environmental Health) and the North Eastern Group of Councils Building Control Service Group Estimates; (b) Authorise the Expenditure, and (c) Strike a Domestic Rate of 0.2541p and a Non-Domestic Rate of 20.1292p.
23 Consultation Documents
Submitted the following consultation documents:
23.1 Northern Ireland Fire & Rescue Service Section 75 Screening Consultation on NIFRS Draft Revised Physical Fitness Policy seeking comments before 2 April 2010.
23.2 Public Consultation – Draft Police & Criminal Evidence (Northern Ireland) Order 1989 (Codes of Practice) (Temporary Modification to Code A) Order 2010 seeking comments by March 2010.
23.3 Consultations Document on the Northern Ireland Strategy for Nursing and Midwifery 2010 - 2015 seeking comments by 19 April 2010.
23.4 Consultation on the Restricted Zone Access Permits – Issue and management Draft Equality Impact Assessment, seeking comments by 9 April 2010.
23.5 Consultation Document on Public Transport Reform seeking comments by 5 February 2010,
23.6 Consultation Document on Impact of Private Tenancies Order seeking comments by 15 February 2010, (copy of documents previously circulated to each Member).
23.7 Northern Ireland Court Service, (copy of document previously circulated to each Member).
23.8 Consultation on proposals for implementing the 3rd EC Directive on Driving Licences, seeking comments before 30 April 2010.
23.9 Terms of Reference from the Public Health Agency inviting proposals for the development of an area-based initiative focusing on tackling obesity within a local Council area in the Northern Trust area, seeking comments by 5 February 2010, (copy of documents previously circulated to each Member).
23.10 The Northern Ireland Assembly, Committee for Culture, Arts and Leisure is undertaking an inquiry into “participation in Sport and Physical Activity”. The Committee is planning a programme of public hearings and would welcome the views of all interested parties before 12 February 2010, (copy of documents previously circulated to each Member).
23.11 Consultation Document on the Proposed Housing Bill (Northern Ireland), seeking comments before 26 February, 2010.
23.12 Following discussion it was agreed that if any Member or party Grouping wished to comment on any of the documents they should forward their comments to the Chief Executive who would arrange to have them forwarded to the Government Department or body concerned.
24 Roads Service
Consideration was given to the following:
24.1 Submitted letter re the proposed stopping up at Craigadick Road, Maghera at its junction with the Glenshane Road, (copy previously circulated to each Member)
24.1.1 The Chief Executive reported that the proposal basically meant that it would now be impossible to turn right into Maghera on to the Craigadick Road from the Glenshane Road. He felt that the proposal was a good idea.
24.1.2 Members agreed with the Chief Executive’s comments but Councillor J F Kerr noted that the proposal would require good signage. Councillor Miss K A Lagan said that this would make the Craigadick Road totally pedestrianised.
It was
Proposed by Councillor J F Kerr Seconded by Councillor Miss K A Lagan, and
Resolved: that the Council write a letter of support to the Roads Service re the stopping up at Craigadick Road, Maghera.
24.2 Submitted letter from Roads Service re Traffic calming proposals for Queen’s Avenue Area , Magherafelt (copy previously circulated to each Member)
Noted
25. Notice of Motion 212/2/2010
25.1 Submitted a copy of a Notice of Motion from Ballymena Borough Council requesting the Council to support its Notice of Motion regarding an Autism Bill and the appointment of an autism advocate, (copy previously circulated to each Member)
25.2 Following a short discussion, Members agreed that a letter of support should be given.
It was
Proposed by Councillor I P Milne Seconded by Councillor J Campbell, and
Resolved: that the Chief Executive write to Ballymena Borough Council in support of its Notice of Motion on an Autism Bill and the appointment of an autism advocate.
26 Water (Northern Ireland) Order 1999
26.1 Submitted letter from the Department of the Environment in accordance with an application dated 8 July 2009 in respect of a discharge of sewage effluent arising from “Indoor Manufacturing Ltd” situated at 49 Creagh Road, Toomebridge Co Antrim, BT41 3SE, (copy previously circulated to each Member)
Noted.
27 Resolution to Proceed “In Committee”
It was
Proposed by Councillor J F Kerr Seconded by Councillor Miss K A Lagan, and
Resolved: that the Council proceeds “In Committee”.
Council “In Committee”
28 Development Department
This item was taken “In Committee”.
29 Staff Matters
This item was taken “In Committee”.
30 Legal Matters
This item was taken “In Committee”.
31 Resolution to Proceed in “Open Council”
It was
Proposed by Councillor J F Kerr Seconded by Councillor I P Milne, and
Resolved: that proceedings be resumed in “Open Council”
Proceedings in “Open Council”
It was
Proposed by Councillor J F Kerr Seconded by Councillor P J Bateson; and
Resolved: that the foregoing proceedings of the Council “In Committee” be and they are hereby approved and adopted.
32 Sealing of Documents
The Chief Executive reported that there were no items for sealing.
33. Memorial Stone
The Director of Finance and Administration advised that applications had been received from:
1. Mrs Anna Speers (Grantee) of 2 The Oasis, Magherafelt seeking permission to erect a Memorial Stone at Plot A103 (deceased is Mr Albert James Speers); 2. Mr James Gray (Grantee) of 18 Auburn Drive, Magherafelt seeking retrospective permission for a Memorial Stone that had been erected without Council permission at Plot A99 (deceased is Mr George McMeekin); and 3. Mr James Gray (Grantee) of 18 Auburn Drive, Magherafelt seeking permission to erect a Memorial Stone at Plot A100 simply to mark the plot as being in the name of Grey despite the fact that no interment had taken place in this grave.
Mr Tohill advised the Members that, although the Council did not have a precedent for the application by Mr Grey to erect a Memorial Stone at Plot 100, there was nothing in the Rules and Regulations of Polepatrick Cemetery to prevent this. He further advised that the applications all satisfied the Council’s requirements and that the requisite fees had been paid.
33.1 Following discussion it was
Proposed by Councillor J F Kerr Seconded by Councillor I P Milne, and
Resolved: that the Council authorise the erection of a Memorial Stone at each of Plots A99, A100 and A103 in accordance with the applications submitted.
34 For the Information of Members
34.1 The following items were submitted for the information of Members:-
(a) The Dogs (Licensing and Identification) (Amendment) Regulations (Northern Ireland) 2009 (b) Rights, Responsibilities and Redress – A Framework for effective complaint handling. (c) Letter from the Post Office re the re-opening of Upperlands Post Office. (d) Letter from NIO Public Appointment Unit re the appointment of Sheriffs 2010, copy previously circulated to each Member) (e) Newsletter from Housing Executive on Rural Matters and their Rural Action Plan 2009/10 – 2012/13, (f) Notice of a Waste Management Licence issued to Baron Recycling Ltd, 81 Bellshill Road, Castledawson from the Northern Ireland Environment Agency. (g) Accessible Transport Strategy Action Plan 2009 – 2012 (h) Notice of Policies screened out by the Department for Regional Development (i) Neagh Bann River Basin Management Plan Summary December 2009
The meeting concluded at 09.55 pm.
CHIEF EXECUTIVE
The foregoing Minutes are hereby Confirmed.
______(Chairperson)
______(Date)