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MAGHERAFELT DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of District Council held in the Council Chamber, 50 Road, Magherafelt on Tuesday, 23 April 2013. The meeting commenced at 7.30 pm.

Presiding: P McLean

Other Members Present: Mrs C Elattar P J Bateson J Campbell T J Catherwood J Crawford Mrs E A Forde J F Kerr (joined meeting at 7.40 pm) Mrs K A McEldowney B McGuigan J J McPeake I P Milne Ms D Ní Shiadhail Miss C M Scullion G C Shiels

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

1 Apologies

Councillor Miss K A Lagan.

2 Minutes

2.1 It was

Proposed by Councillor J J McPeake Seconded by Councillor B McGuigan, and

Resolved: that Minutes of the Meeting of the Council held on Tuesday, 26 March 2013 (copy previously circulated to each Member) be taken as read and signed as correct.

3 Matters Arising Out of the Minutes

3.1 The Chief Executive advised that there were no matters as such arising out of the Minutes.

3.2 Civic Reception

It was

Proposed by Councillor I P Milne Seconded by Councillor B McGuigan, and

Resolved: that the Council host a civic reception for the gaelic team from St Patrick’s College, that recently won the All- Hogan Cup.

3.3 Congratulations

Councillor Mrs E A Forde referred to the success of The Workspace Group based in on being awarded the Queen’s Award for Enterprise in Sustainable Development. She said that Workspace had made a significant contribution in aiding regeneration and demonstrating commercially successful sustainability through its range of services. These included property, enterprise and business support, energy efficiency, employability programmes, recruitment, childcare and recreation. Workspace had identified and satisfied local community needs .

3.3.1 Accordingly, it was

Proposed by Councillor Mrs E A Forde Seconded by Councillor J Crawford, and

Resolved: that Congratulations be sent to Workspace on being awarded the Queen’s Award for Enterprise in Sustainable Development.

4 Declarations of Interest

There were no declarations of Interest.

5 Operational Services Department

Submitted report by the Director of Operations for the month of March 2013 (copy previously circulated to each Member).

5.1 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.

Councillor J F Kerr joined the meeting at 7.40 pm.

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5.2 Operational Services: Items for Information

5.2.1 Car Parking at Greenvale Leisure Centre

A discussion took place in relation to the issue of car parking in and around the Greenvale Leisure Centre.

Councillor Mrs E A Forde informed the meeting that the matter had been referred to the PCSP (Police and Community Safety Partnership) and the DRD Roads Service. It had been agreed that the Roads Service would seek to extend the double yellow lines in the vicinity of the Centre and that the range of the Town Centre Parking Wardens would be extended to cover the area around the Leisure Centre. A short discussion took place with regards to the placement of planters in the area of the entrance to the bungalows opposite the Centre but it was felt that the Council could not be responsible for these as they would be outwith of the curtilage of the Centre. However, the Council had no objection to a local community group taking this on-board.

5.2.2 Dog Fouling

The Chairman, Councillor P McLean raised the issue of fixed penalty notices for Dog Fouling and said that he was disappointed that the Council had yet to issue any.

Noted

5.2.3 Ballymacombs Recycling Centre

Councillor I P Milne raised the matter of the closure of the Household Waste Recycling Centre at Ballymacombs Landfill Site as a result of threatened action by the Environment Agency (NIEA), and sought further information on the possibility of placing additional skips at the Recycling Centre at . The Director of Operations informed Councillor Milne that a tender specification was being prepared to refurbish the site at Castledawson as required under the Waste Management Licence for the Site in terms of concreting the floor area of the Site. Once this work had been completed in was intended to add an additional skip or two, although the site was quite small and compact.

Mr Cassells also informed members that he had enacted the process for obtaining a certificate of lawful development for the civic amenity site at Ballymacombs and that once this had been achieved the Council would be applying to NIEA for a Waste Management License for the site as instructed by Council. The NIEA have been informed of the Council’s intention.

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5.3 Adoption of the Report

It was

Proposed by Councillor J Crawford Seconded by Councillor J Campbell, and

Resolved : That, in addition to the above items, the section of the Director’s Report marked “Items for Information” was noted.

5.4 Items for Decision

5.4.1 Leisure Services: Coaching Rates 2013-2014

It was

Proposed by Councillor B McGuigan Seconded by Councillor I P Milne MLA, and

Resolved : That the Council noted that Coaching Rates had not been varied since 2008/2009 and approved the Coaching Rates for the financial year 2013/2014.

6 Policy and Development Department

Mrs Anne-Marie Campbell, Director of Policy and Development submitted the Policy and Development report for the month of April 2013 (copy previously circulated to each member).

6.1 Development Services

6.1.1 Events and Festivals Grants

Following discussion it was

Proposed by Councillor Mrs E A Forde Seconded by Councillor J Campbell, and

Resolved: that £1,000 grant is awarded to the Mid Truckers two-day event to be held at Sperrin View Business Park, Glen Road, Maghera.

6.1.2 Magherafelt District Council – Youth Council

Following discussion it was

Proposed by Councillor J J McPeake Seconded by Councillor Mrs E A Forde, and

Resolved: that Council approve the provision of initial workshops at a total cost of £2,600 to assist in the formation of the Youth Council.

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6.1.3 The Bridewell – Tourist Information Centre

Following discussion it was

Proposed by Councillor J Crawford Seconded by Councillor Ms D Nί Shiadhail, and

Resolved: that Council approve the change of name for ‘The Bridewell’ from Tourist Information Centre to Visitor Information Centre.

6.2 Town Centre Regeneration

6.2.1 Town Centre Marketing

Following discussion it was

Proposed by Councillor Mrs E A Forde Seconded by Councillor J Campbell, and

Resolved: that Council approve concept three and that ‘Never Felt Better’ is developed as the brand concept for the Magherafelt Town Centre.

6.3 Economic development

6.3.1 Food Business Development Programme

Following discussion it was

Proposed by Councillor Mrs E A Forde Seconded by Councillor J Campbell, and

Resolved: that one complementary ticket for the Balmoral Show on 17 May 2013 be given to each party to attend.

6.4 Good Relations

6.4.1 Capital Sports Grants

Councillor S McPeake and Councillor J Campbell declared an interest in this item .

Following discussion it was

Proposed by Councillor J F Kerr Seconded by Councillor B McGuigan, and

Resolved: that grants are awarded to the following applicants and projects at the amounts listed:

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Name of Summary of Project Grant Club amount

Erin Own To resurface the goal mouths of the outdoor £6,500 GAC Lavey pitch, to improve health and safety Wolfe Tones To replace three double doors, replace windows £6,500 GAC, and upgrade lighting system in pavilion O’Donovan To remove the existing roadside fence and £6,500 Rossa, GAC hedge and reinstall them 1.6 metres toward the Magherafelt pavilion Michael Verti-draining of the pitches plus the application £6,500 Davitt GAC, of 1,000 tonnes of sand to the pitches to reduce water logging Rainey Old To construct a retaining wall between the Rainey £6,500 Boys Old Boys’ facilities at Hatrick Park and the Football adjoining boundary with Magherafelt District Club Council property. Watty To build a new gym £6,500 Grahams GAC, Glen, Maghera To construct a skills training area and a football £6,500 Football pitch for juniors. Club Megargy and The project is to build two tea huts, erect £4,940 District permanent fencing and feed bins, excavate a Game and pond and planting trees conservation Society Slaughtneil The installation of a new scoreboard £6,500 GAC

Following discussion it was

Proposed by Councillor B McGuigan Seconded by Councillor I Milne, and

Resolved: that for the year 2013/14 – Council allows applicants who have applied for a Sports grant to also apply for an Events and Festival grant. It was further agreed that the £8,060 under-spend in the Sports Capital Grants programme be transferred to the Events and Festivals grant programme.

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6.4.2 Revenue Sports Grants

Following discussion it was

Proposed by Councillor J J McPeake Seconded by Councillor Ms D Nί Shiadhail, and

Resolved: that grants are awarded to the following applicants and projects at the amounts listed and that the Revenue Sports grant programme is reopened for further applications:

Name of Summary of Project Grant Club Award Maghera To become properly established. £452 Cricket Club To host a five aside soccer tournament in June £500 Youth 2013 which will involve 20-30 teams (catholic Football and protestant). Academy Tobermore To train two coaches to the level II standard £450 Youth Football Academy Moyola Park To host a mini world cup for girls aged 10-13 £500 Football club years old. It is hoped that 16 teams will participate in this one day event in July 2013

6.4.3 Pride of Place Competition

Following discussion it was

Proposed by Councillor J Campbell Seconded by Councillor Mrs E A Forde, and

Resolved: that Council agrees to the Megargy and District Game and Conservation Society and The Lower Castledawson Community Group (allotments) being nominated to the Pride of Place Competition under separate categories.

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6.5 PEACE III

Following discussion it was

Proposed by Councillor Ms D Nί Shiadhail Seconded by Councillor Mrs E A Forde, and

Resolved: that Council agrees that the five expressions of interest submitted below progress to full application and these are submitted to the Peace III partnership for assessment.

Name of Programme Project Outline Organisation South B To facilitate a summer scheme for two Empowerment weeks to encourage stronger integration Partnership between children in Magherafelt. South Derry B To organise a range of events which reflect Empowerment and celebrate the multi-cultural identities of Partnership the various communities in the Magherafelt area in order to increase awareness and respect of other traditions. South Derry B The project would extend the Saturday Empowerment Club for a further 10 weeks to ensure that Partnership the friendships and integration between the local community and the Polish community continue to grow. South Derry B To facilitate a number of training sessions Empowerment for both the local community and the BME Partnership community to develop the skills of those who are most at risk of marginalisation to actively participate in meaningful cross community engagement and decision making. Magherafelt A2 To take students from four schools in High School Magherafelt to the Commonwealth Games in 2014.

6.6 Policy

6.6.1 Child Protection and Vulnerable Adults Policy

Following discussion it was

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

Resolved: that Council adopt the Child Protection and Vulnerable Adults Policy as presented.

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6.6.2 Rural Development Programme

Following discussion it was

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

Resolved: that Council pay £26,000 as requested by District Council for 2013/14 towards the management and administration costs of the Rural Development Programme. Council also agreed, subject to the approval of all other partner Councils to the over commitment recommendations as made by the SWARD officer team as follows:

• A Letter of Offer is issued to Ballinamallard before 28 th April 2013; and

• A Letter of Offer is issued to Fermanagh District Council only in the event of another strategic project dropping out before 28 th April 2013.

Following discussion it was

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

Resolved: that the report for the Policy and Development Department as presented be approved.

7 International Poetry Festival

Submitted letter from Mr Eugene Kielt advising that Magherafelt Arts Society was planning an international poetry festival at Laurel Villa from 20 - 22 September 2013 (copy previously circulated to each Member).

7.1 The letter further intimated that the event had wide support and never before had a gathering of poets/writers come to the Magherafelt district to perform. The Magherafelt Arts Society hoped that the Council would give the festival its full support and provide a ticketing facility at its Tourist Information Centre, Magherafelt.

7.2 Following consideration the Council resolved to fully support the festival and that ticket sales would be facilitated at the Tourist Information Centre.

8 Special Olympics – Special 10 th Anniversary of the Games

8.1 Submitted letter from the Chair, Special Olympics Ulster inviting the Council to participate in the anniversary by organising an event (copy previously circulated to each Member).

8.1.1 The Chief Executive reminded Members that the Council had hosted the Norwegian team before the Special Olympics 10 years ago.

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8.1.2 Following some discussion it was agreed that the matter be brought back to Council for further consideration.

8.2 Marshal Of The Year – Association of Northern Ireland Car Clubs Councillor J F Kerr referred to Mr Stephen O’Neill’s success in being awarded the title of Motorsport Marshal of the Year for 2012 by the Motor Sports Association in the UK. Stephen and his team were also awarded Marshal Of The Year by the Association of Northern Ireland Car Clubs. He said that Stephen came from Lavey and was a member of Magherafelt and District Motor Club Ltd. Councillor Kerr asked that the Council consider a Civic Reception to mark Stephen O’Neill’s achievements.

8.2.1 Following discussion it was resolved that a presentation should be made to Stephen O’Neill prior to the commencement of the Tour of the Rally on Saturday, 11 May 2013.

9 Licences and Registrations

9.1 Entertainment Licence

9.1.1 Submitted the following application for an Entertainment Licence which was in order and recommended for renewal:

E.146 Slaughtneil Community Hall, Halfgayne Road, Maghera – Mr Bernard Kearney

9.1.2 It was

Proposed by Councillor J F Kerr Seconded by Councillor Ms D Nί Shiadhail, and

Resolved: to grant the above Entertainment Licence as submitted.

10 Petroleum (Production) Act (Northern Ireland) 1964

Submitted a letter from the Minerals Branch, Department of Enterprise, Trade and Investment advising that an application from CHX Capital LLC had been received for a Petroleum Licence under Section 2 of the above Act, in respect of lands in Country Antrim and Londonderry (outlined on the attached map). The Department sought any Council comments (copy of letter and map previously circulated to each Member).

The Council agreed to make no comments.

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11 Planning

The Council gave further consideration to the following planning applications –

11.1 Proposed link road connecting Meadowbank Road with Killyfaddy Road associated with the proposed retail development at 40 Ballyronan Road, Magherafelt – Planning Ref: H/2011/0145 for CORBO Properties.

11.1.1 Members agreed that Conways be invited to make a presentation to Council on their amended planning application at a Special Meeting of Council. The other two applicants had been invited and attended Council to outline their amendments to their applications for super foodstores.

11.2 Proposed development on Castledawson Road, Magherafelt for Mr Patsy Forbes

11.2.1 Submitted three drawings submitted to the Planning Service in connection with Planning Application H/2011/0104 (copies circulated to each Member).

11.2.2 The Chairperson, Councillor P McLean referred to the changes made by the applicant between the original application and the most recently amended one. He said that initially there was to be a roundabout on the Castledawson Road but this had disappeared, then, there were traffic lights, and now entrance changes. He said that clarity was required as to where the application was at present and what Forbes intended. He said that a meeting was to take place with thee local schools, especially Sperrin Integrated, but it appeared to not have happened.

11.2.3 Discussion took place on the report prepared by Mr M Burroughs which indicated improved lighting instead of a roundabout. Members did not know if the layout was ever agreed with Roads Service or not.

11.2.4 Councillor I P Milne pointed out that Members required “to know” the current situation or did they have to wait for the out workings? He said that turning right into and also going from the proposed development into town, again turning right, would cause significant traffic problems and particularly with an additional traffic lane.

11.2.5 Councillor Milne further enquired if the Council would make a comment to the Planning Service under Article 31 on this application based on the information presented by the applicant, or what information that Members had in front of them.

11.2.6 The Chairperson, Councillor P McLean was of the opinion that the Forbes’ application could be a case of “back to the drawing board” as there were concerns over elements of road layouts.

11.2.7 It was resolved that all three applications would be considered by Council at a Special Meeting to be held on Tuesday, 30 April 2013 commencing at 6.30 pm.

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11.2.8 Councillor McLean said that a letter from the traders of Magherafelt would also have to be considered at the Special Meeting.

12 Payment of Accounts 04/2013

Submitted Statement of Expenditure setting out payments to be authorised (copy circulated to each Member). The statement made provision for £328,684.28 out of the Revenue Account and £nil out of the Capital Account.

12.1 It was

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

Resolved: to authorise the payments as submitted in the Statement of Expenditure.

12.2 Tender for One 26 tonne GVW 6x4 Side Loading Refuse Collection Vehicle

This item was taken “In Committee”.

13 Financial Subscriptions

13.1 County Londonderry Football Association Submitted letter of application from County Londonderry Football Association seeking financial assistance with participating in the 2013 Northern Ireland International Milk Cup Football Tournament (copy previously circulated to each Member).

13.1.1 Following discussion it was

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

Resolved: to make a contribution of £200 to County Londonderry Football Association.

13.2 Antrim Area Hospital – Premature Baby Unit Submitted a request from Karen and Joseph Hurley, 81 Hill, Magherafelt who had organised a fun day on Sunday, 28 April 2013 in conjunction with the Northern Ireland Lurcher Racing Club to raise funds for the premature baby unit at Antrim Area Hospital. The organisers requested that the Council would make a donation in support of the charity.

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13.2.1 Following discussion it was

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

Resolved: that the Council make a contribution of £200 to be paid to the Northern Health and Social Care Trust Neonatal Unit – Antrim Area Hospital.

13.3 National Association Crohns and Colitis (NACC) Submitted a request from Mr Rodney Mulholland, 3 Loughill Park, Tobermore seeking a donation towards NACC. The letter intimated that Mr Mulholland had a son Andrew who had Crohn’s disease and was now a student at Queen’s University, he trusted that the Council would be sympathetic to his request.

13.3.1 Following discussion it was

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

Resolved: that the Council make a donation of £200 to the National Association Crohn’s and Colitis.

14 Conferences and Courses

Consideration was given to nominating delegates to attend the following –

14.1 A one day workshop on a Overview of the Changes to the Social Security Benefit System and Welfare Reform on Tuesday, 7 May 2013 at Citizens Advice Regional Office in (details previously circulated to each Member).

14.1.1 Members agreed to leave nominations open.

14.2 A half day workshop organised through NILGA introducing the key principles of the Decision Making Accountability Approach to organisation design “Building a healthy organisation” to be held in the Hilton Templepatrick Hotel & Country Club on Thursday, 23 May 2013 (details circulated to each Member). The workshop was free.

14.2.1 Following discussion it was agreed to leave nominations open.

15 Consultation Documents

Submitted the following consultation documents:

15.1 Consultation on Severance Arrangements for Councillors and Draft Local Government (Severance Payments for Councillors) Regulations (Northern

13 Ireland) 2013 circulated by the Department of the Environment seeking comments by 31 May 2013 (copy previously circulated to each Member).

15.2 Consultation on the Draft Snares Order (Northern Ireland) 2013 prepared by the Department of the Environment seeking comments by 7 June 2013.

15.3 Consultation on the Northern Ireland Adult Safeguarding Partnership – Strategic Plan 2013-2018 seeking comments by 21 June 2013 (copy previously circulated to each Member).

15.4 Consultation produced by the Department of Agriculture and Rural Development for the Equality Impact Assessment for the Relocation of the DARD Headquarters seeking comments by Friday, 5 July 2013.

15.5 Public Consultation on Proposals to amend the Legal Aid (Assessment of Resources) Regulations (Northern Ireland) 1981 launched by the Department of Justice and seeking comments by Wednesday, 10 July 2013.

15.6 Consultation on the first Safeguarding Board for Northern Ireland Strategic Plan 2013-2016 seeking comments by Friday, 19 July 2013.

15.7 Consultation on Draft Guidance on Termination of Pregnancy prepared by the Department of Health, Social Services and Public Safety inviting comments by 29 July 2013.

15.8 Consultation Document on the Proposed Scheme Design for the Local Government Pension Scheme (Northern Ireland) 2014 prepared by the Department of the Environment seeking comments by 6 June 2013 (copy circulated to each Member).

15.9 Consultation on Proposed Changes to Planning Fees prepared by the Department of the Environment seeking comments by 14 June 2013 (copy circulated to each Member).

15.10 It was agreed that if any Member of 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.

16 Roads Service

Consideration was given to a letter advising that Roads Service proposed to introduce a cycle route at Road, Maghera (details previously circulated to each Member).

16.1 Following consideration Members agreed that they were happy with the proposal.

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17 Appointment to the Patient and Client Council

17.1 Consideration was given to the nomination of one Local Government Representative Member to the Patient and Client Council (details previously circulated to each Member). The closing date for nominations is 9 May 2013.

17.1.1 Following discussion it was decided that the Council would not nominate.

17.2 Appointment of Members to the Council for Curriculum, Examinations and Assessment (CCEA)

Submitted a Public Appointments Notice from the Department of Education inviting applications for Members positions on the CCEA Council. The closing date for receipt of completed applications is Friday, 10 May 2013 (details circulated to each Member).

17.2.1 Following discussion it was agreed to leave nominations open.

18 Ulster Scots Awareness Training

Submitted letter from the Community Development Officer introducing members to an Ulster Scots Awareness Training for Council Members and Staff. The letter intimated that this was a one hour workshop which was provided free by the Ulster-Scots Community Network which would include the following –

• Historical Overview of the 17 th Century Plantation • An examination of the Ulster- • Cultural Identity.

A short presentation could be delivered to Council Members, if the Council wished, to give them a chance to ask questions and understand the importance of this cultural issue in this area.

Following discussion it was

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

Resolved: that the Council invite the Ulster Scots Community Network to make a short presentation to Council on the workshop at the next available Special Meeting for presentations.

Resolution to Proceed “In Committee”

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It was

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

Resolved: that the Council proceeds “In Committee”.

Council “In Committee”

19 North West Region Waste Management Group

This item was taken “In Committee”.

Councillor J Crawford retired during this item at 8.50 pm.

20 Staff Matters

This item was taken “In Committee”.

21 Legal Matters

This item was taken “In Committee”.

Resolution to Proceed in “Open Council”

It was

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

Resolved: that proceedings be resumed in “Open Council”

Proceedings in “Open Council”

It was

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

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

22 Sealing of Documents

16 The Seal of the Council is hereby affixed to the following document -

22.1 Lease between Magherafelt District Council and Lower Castledawson Community Association for use as Allotments at Riverside, Castledawson for an initial term of five years with effect from 31 December 2012 and at an initial rental of £50.00 per annum.

23 Memorial Stones

The Chief Executive advised that two applications had been received for the erection of memorial stones at Polepatrick Cemetery as follows –

23.1 Mr Karl James Kirkpatrick of 14 Rosgarron Road, Magherafelt BT45 5EP (grantee) for the erection of a memorial stone at Plot No A129 – Mrs Isobel Elizabeth Lyle Kirkpatrick (deceased)

23.2 Mrs Audrey May Smyth of 6 Caulfield Villas, Carmean, (grantee) for the erection of a memorial stone at Plot A134 – Mr William Courtney Smyth (deceased).

24 For the Information of Members

Copy of Information leaflet “In Brief – TV Licensing’ (copy previously circulated to each Member)

25 Message of Sympathy

The Chairperson, Councillor P McLean referred to the recent death of Mr William Hutchinson, father of Mr Darren Hutchinson, Senior Supervisor at Maghera Leisure Centre and proposed that a message of sympathy be sent to him on this sad occasion.

Members agreed.

The meeting concluded at 9.30 pm.

Chief Executive

The foregoing Minutes are hereby Confirmed.

______(Chairperson

______(Date) 17

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