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DISTRICT COUNCIL

Minutes of Proceedings of a Meeting of Magherafelt District Council held in the Council Chamber, Road, Magherafelt on Tuesday, 13 August 2013. The meeting commenced at 7.30 pm.

Presiding: Mrs C Elattar

Present: Mrs E A Forde J Campbell T J Catherwood J Crawford Miss K A Lagan Mrs K A McEldowney B McGuigan P McLean J J McPeake I P Milne Mrs P L Smith

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

Representatives from Other Bodies in attendance: Mr Adrian Gribben – Planning Officer

1 Apologies

Councillors P J Bateson, Mrs C M O’Neill, Ms D Nί Shiadhail and G C Shiels.

2 Minutes

2.1 It was

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

Resolved: that the Minutes of the Annual Meeting of the Council held on Tuesday, 11 June, 2013 (copy previously circulated to each Member) be taken as read and signed as correct.

2.2 It was

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

Resolved: that the Minutes of the Meeting of the Council held on Tuesday, 11 June, 2013 (copy previously circulated to each Member) be taken as read and signed as correct.

2.3 It was

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

Resolved: that the Minutes of a Special Meeting of the Council held on Tuesday, 7 May 2013 (copy previously circulated to each Member) be taken as read and signed as correct.

3 Matters Arising Out of the Minutes

3.1 Minutes – 11 June 2013 – Item 10 Podiatry Service

Submitted a letter from Mr Peter Burbidge, Deputy Head of Podiatry Services, Northern Health and Social Care Trust in reply to the Council’s letter seeking clarification on the podiatry service provision in the Magherafelt area (copy circulated to each Member).

The letter explained the current situation regarding the shortage of appointment availability but stated that there were no plans to reduce or withdraw the level of service provided in Magherafelt.

Noted.

3.2 Submitted News Releases from:

(a) The Department of Enterprise, Trade Investment – The Minister Arlene Foster announced a £1.4 million expansion to Magherafelt based McErlain’s Bakery that will create 100 new jobs (copy circulated to each Member). (b) The Department of Social Development – Housing Minister Nelson McCausland had met with local communities who could benefit from his new housing led approach to regeneration (copy circulated to each Member). (c) The Department of Finance and Personnel – Land and Property Services warning urging householder to be on their guard against bogus Emails seeking to obtain bank details, asking them to pay a specified rate amount by direct debit the next day (copy circulated to each Member).

Noted.

2 3.3 Submitted advance notice from The Office of the District Electoral Areas Commissioner advising that the eight week public consultation on the provisional recommendation of the District Electoral Commissioner ended on 27 May 2013. As a result of representations made there would be nine public inquiries into the Commissioner’s provisional recommendations.

The inquiries would be conducted by Assistant Commissioners and anyone wishing to present oral evidence should attend and arrangements details were listed on the letter of notice (copy circulated to each Member)

It was noted that the venue for the inquiry would be held on Monday, 9 September in Glenavon House Hotel.

3.4 Submitted letter from Graham Shields, Chief Electoral Officer regarding public awareness of Electoral Registration Canvass which would commence later in August and the canvass would be used to create a new register of electors which would be published on 2 December 2013. Canvass staff would be delivering canvass forms to all households in between Saturday, 24 August and Saturday, 21 September 2013 (copy circulated to each Member).

Noted.

4 Declarations of Interest

There were no Declarations of Interest.

5 Planning 185/08/2013

Submitted schedule of plans and recommendations as prepared by the Area Planning Manager and schedule of planning decisions issued on 9 July 2013 (previously circulated to each Member).

5.1 New Planning Applications – 13 August 2013 Schedule:

H/2012/0037/F – Andrea Kelly Discussion took place on what happened with an application such as this one for a wind turbine. The Planning Officer advised that Planning Headquarters considered all the information and it was down to the department to make the final decision.

Councillor Miss K A Lagan requested an office meeting.

Councillor P McLean asked if Councillor Miss Lagan was representing the objectors or the applicant on the basis of refusal.

Miss Lagan replied Yes (meaning the applicant).

3 The Planning Officer agreed to the office meeting – Criterion 5. He also advised that there were twelve objections to this application.

Councillor Mrs E A Forde asked if the Planning Service had a different policy as she noted that three applications for wind turbines had all been refused.

The Planning Officer replied stating that there was no change in policy. The decision to approve or refuse depended on the perceived impact on a community. There was no different policy.

H/2012/0121/F – Thomas Miller Deferred for an Office Meeting on the request of Councillor J Crawford – Criterion 5.

H/2012/0307/F – Peter Connery Deferred for an Office Meeting on the request of Councillor J J McPeake. Councillor McPeake handed a letter of submission to the Planning Officer – Criterion 5.

H/2012/0348/F – Mr B Bradley Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were seven letters of objection to this application.

H/2013/0012/O – Mr C McCloskey Deferred for an Office Meeting on the request of Councillor Mrs K A McEldowney. Councillor McEldowney advised that he would email a letter of submission to the Planning Officer – Criterion 5.

H/2013/0078/F – McErlain’s Bakeries Ltd Approval. The Council agreed to the issue of the approval.

H/2013/0077/F – Mr Michael McGurk Deferred for an Office Meeting on the request of Councillor B McGuigan. Councillor McGuigan handed a letter of submission to the Planning Officer – Criterion 5.

H/2013/0090/F – Danske Bank Refusal. The Council agreed to issue the decision.

H/2013/0093/F – Ms Pauline Scullion Approval. The Council agreed to the issue of the approval.

H/2013/0094/LBC – Ms Pauline Scullion Consent.. The Council agreed to issue the consent approval. The Planning Officer advised that there was one letter of objection to this application.

H/2013/0099/O – Heather Shiels Deferred for an Office Meeting on the request of Councillors J Campbell and G C Shiels. Letter of submission handed to the Planning Officer – Criterion 5. 4 H/2013/0101/O – CMAC Homes Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there was one letter of objection to this application.

H/2013/0102/O – Ms E Johnstone Deferred for an Office Meeting on the request of Councillor Miss K A Lagan. Councillor Lagan handed a letter of submission to the Planning Officer – Criterion 5. The Planning Officer advised that there was one letter of objection to this application.

H/2013/0106/O – Rev P Doherty Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there were two letters of objection to this application.

H/2013.0107/F – Mr McElwee Deferred for an Office Meeting on the request of the Chairperson, Councillor Mrs C Elattar and Councillor B McGuigan. Letter of submission handed to the Planning Officer – Criterion 5.

H/2013/0132/RM – Ms G Gribben Approval. The Council agreed to the issue of the approval. The Planning Officer advised that there was one letter of objection to this application.

H/2013/0133/RM – Mr J Gribbin Approval. Councillor J J McPeake requested that the issue of the approval be deferred for one month to facilitate an objector’s meeting. The Council agreed to issue the approval after one month if there was no change of opinion. The Planning Officer advised that there was one letter of objection to this application.

H/2013/0151/F – Mr & Mrs D Scott 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 – Criterion 5. The Planning Officer advised that there was one letter of objection to this application.

5.1.1 Applications Deferred from Previous Meeting:

H/2012/0190/O – Rafferty Farms Approval. The Council agreed to the issue of the approval.

5 H/2012/0268/F – Albert Speer Refusal. The Council agreed to issue the decision. Councillor Mrs E A Forde requested that the decision on this application be withheld for a further ten day to allow for additional information. If there were no change in the opinion, the Council agreed to issue the decision.

H/2012/0271/F – Mr & Mrs Quinn Approval. The Council agreed to the issue of the approval.

H/2012/0354/O – Mr S McElwee Approval. The Council agreed to the issue of the approval.

H/2012/0382/O – Mr Bernard Oliver O’Kane Deferred on the request of Councillor J J McPeake to allow for an office meeting between Francie Molloy MP and the Area Planning Manager.

H/2012/0398/F – Philip Doyle The Planning Officer advised that this application had been withdrawn.

H/2013/0018/O – Mr B McCloskey Approval. The Council agreed to the issue of the approval.

H/2013/0041/F – Mr A Cudden Deferred. Councillor J J McPeake requested that this application be deferred in order to allow for an office meeting between Francie Molloy MP and the Area Planning Manager. The Planning Officer advised that there were two letters of objection to this application.

H/2013/0049/F – P J & Gemma Ward Deferred. Councillor J J Mcpeake requested that this application be deferred in order to allow for an office meeting between Francie Molloy, MP and the Area Planning Manager.

H/2013/0073/F – Ms Jo Ann Porter Refusal. Councillor P McLean requested that the decision on this application be withheld for a further ten day to allow for additional information. If there were no change in the opinion, the Council agreed to issue the decision.

5.1.2 It was

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

Resolved: to adopt the Planning Schedule dated 13 August 2013 subject to the above conditions and amendments and the schedule of planning decisions issued on 9 July 2013.

6 5.2 Submitted schedules of Streamlined Planning Application decisions issued from 1 May 2013 to 31 May 2013 (copy previously circulated to each Member).

Noted.

The Planning Officer retired from the meeting at 8.00 pm.

5.3 Consideration was given to Planning Application H/2013/0243/F – construction of compact grade separated junction, located between the existing Bellshill Road and River Moyola River, and what response the Council would make to the Department as a consultee, details previously circulated to each Member.

5.3.1 Following discussion the Council decided to give its approval to the proposals for the construction of a compact grade separated junction as detailed and that no further issues would be raised.

5.3.2 Councillor J J McPeake requested that the response be deferred until Members had further time to consider whether everyone was in agreement with the decision.

5.3.3 Members agreed to Councillor McPeake’s request and agreed that the response be delayed until noon of the following day.

6 Building Control Department 210/08/2013

The Director of Building Control presented the Department’s report for the period 1 June 2013 to 31 July 2013 (copy previously circulated to each Member)

6.1 During this period 1 June to 31 July 2013 thirty-nine applications had been recommended for approval.

A total of seventy applications required amending by Architects and Agents before granting approval.

6.2 Applications for Notices and Regularisations

During the period from 1 June to 31 July 2013 there was one Regularisation and there were twenty-seven Notices issued, mainly for replacement boilers .

6.3 Granting of Extension of Time and Cancellation of time lapsed Approvals

During the period from 1 June to 31 July 2013 fourteen applications was cancelled having gone beyond the four years expiry date and not having commenced on site.

7 MN/2090/0068 – David Hilman – extension to dwelling at 14 Drumnacanon Road, ,

MN/2101/0016 – Tillie Etherson – new pellet boiler and system at 12 Drumnacanon Road, Upperlands, Maghera

MA/2067/0499 – John McCann – erection of a dwelling and garage at 6B Downings Road,

MA/2089/0106 – Raymond Beatty – renovation of changing rooms and toilet facilities at existing football club, 20 Maghera Road,

MA/2089/0114 – Henry J Walls – erection of a light industrial unit at 171 Aughrim Road, Toomebridge

MA/2089/0140 – Safecare Chysalis, Castlehill Nursing Home – link corridor between nursing home and day care buildings – 12 Bellshill Road, Castledawson

MA/2089/0182 – Ronan Bradley - erection of a dwelling and garage at Disert Road, Magherafelt

MA/2089/0208 – Charles O’Hagan – erection of a dwelling at 50 Drumderg Road,

MA/2089/0211 – Dan McKenna – erection of a dwelling at 6 Dunmurry Road, Draperstown

MA/2089/0236 – Jamesie Scullion – extension and alterations to a dwelling at 67 Broagh Road, Castledawson

MA/2089/0347 – Paul Lupari – alterations and extension to a dwelling at 19 Hazeldene Park, Magherafelt

MA/2089/0361 – V Cassidy – alterations to a dwelling at 27 Culbane Road, Portglenone

MA/2090/0359 – Keith Hilman – alterations and extension to a dwelling and new replacement double garage at 7 Draperstown Road, Tobermore

MA/2090/0393 – Patrick Scullion – extension and alterations to a dwelling at 9 Ballymulligan Road, Magherafelt

There were twelve number extensions of time applied for during this period.

6.4 Building Regulations Inspections

During the period from 1 May 2013 to 30 June 2013 one hundred and fifty-six applications commenced on site and one hundred and forty-six applications were found to be complete in accordance with Building Regulations.

8 The department carried out six hundred and thirty-eight inspections during this month.

6.5 Naming and numbering of Streets

During the period from 1 May 2013 to 30 June 2013 nineteen new postal numbers and postcodes were issued for private dwellings.

6.6 Petroleum Legislation

Annual Re-Licensing Applications

During the period of this report seventeen re-licensing inspections were carried out.

6.7 Entertainment Licensing

Mr Glendinning reported that during the period of this report twelve Entertainment Licensing inspections were carried out.

6.8 Dangerous Structure

75 Road, Upperlands. The Director of Building Control, Mr Glendinning informed the Council that the loose slates to the roof and loose brickwork to the chimney of the Gate Lodge at 75 Kilrea Road, Upperlands had been removed and the building had been made safe for public using the public footpath.

He informed the Council that the Northern Ireland Environment Agency (NIEA), Listed Buildings Branch had advised that the slates should not be removed as the building was listed and required protection from the elements.

Mr Glendinning explained that he had advised the NIEA Listed Buildings Branch that the Council had a duty of care to the users of the public footpath adjacent to the gate lodge and therefore public safety was paramount in this case.

6.9 Property Certificates

There were eighty Property Certificates issued for this period.

6.10 It was

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

Resolved: that the report as submitted be adopted.

9 7 Naming and Numbering of Streets

7.1 Consideration was given to the naming and numbering of a housing development at Upperlands Road, for Apex Housing Association.

7.2 Mr Glendinning explained that the names suggested by Apex Housing Association did not identify with the local character of the Swatragh area. The proposed names were:-

Ballinderry Park - the River flows along the southern boundary of the Barony of Loughsinsholin

Carntogher Park - Noteable mountain situated in this area.

Tirnoney Park - Tirnoney Dolmen is a monument dating back to 4,000 to 6,000 years old.

7.3 Following discussion, it was

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

Resolved: that the Council request Apex Housing Association to submit more appropriate names for the development. The developer was also advised to contact the local community group to determine a more appropriate name.

8 Licences

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

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

8.1.1 It was

Proposed by Councillor J F Kerr Seconded by Councillor Mrs P L Smith, and

Resolved: to grant the renewal of the application for an Entertainment Licence as submitted.

8.2 Entertainment Licences – Variation of Hours Further consideration was given to the following applications for variation of hours from:

E. 18 The Coachman Bar, 58-60 Rainey Street, Magherafelt E. 40 Dorman’s The Opera, 17 Queen Street, Magherafelt E. 97 Mary’s Bar & Lounge, 10 Market Square, Magherafelt 10 The Chief Executive advised that the Council had resolved at its meeting held on 22 January 2013 to grant the Variation of Hours for Entertainment Licences from 11.30 am to 2.00 am – Mondays to Saturdays and 12.30 pm to midnight on Sundays and the premises would be monitored over a period of six months which expired on 21 July 2013.

8.2.1 Following discussion, it was

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

Resolved: that Council grant the variation of hours to the three applicants for the remainder of the year until January 2014 when the licences required to be renewed.

8.2.2 Submitted a further application for Variation of Hours to an Entertainment Licence from:

E.134 Bryson’s, 24-28 Union Road, Magherafelt

8.2.3 It was resolved on Mr Glendinning’s request that this application be considered under legal matters “In Committee”.

8.3 Entertainment Licence – Grant of Marquee Licence Submitted the following application for the granting of a Marquee Licence for an event to take place between 19-22 September 2013:

OE6 Magherafelt Arts Society Adjacent to 60 Church Street, Magherafelt

8.3.1 Following discussion it was

Proposed by Councillor J F Kerr Seconded by Councillor Mrs K A McEldowney, and

Resolved: that Council approve the application pending satisfactory report before the event.

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

P. 1 Bradley’s Filling Station, 57 Tobermore Road, – Mr F P Bradley P. 28 O’Kane Cars Ltd, 150 Hillhead Road, Castledawson – Mr J O’Kane P. 61 Millbrook Service Station, 27 Desertmartin Road, Tobermore – Mr Tony McBride

11 8.4.1 It was

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

Resolved: to grant the renewal of the applications for Petroleum Licences as submitted.

8.5 Bookmakers Licences Submitted the following renewals of Bookmakers Licences which were for information:

BG 1(a) J Rainey Bookmaker Ltd 104-106 Main Street, Maghera BG 1(b) J Rainey Bookmaker Ltd 4-8 Main Street, Castledawson BG 2(a) CMG Solicitors 2 Broad Street, Magherafelt BG 2(b) CMG Solicitors 32 Queen Street, Magherafelt BG 3 J Rainey Bookmaker Ltd 5 High Street, Draperstown BG 5(a) J Rainey Bookmaker Ltd 14 Hall Street, Maghera BG 5(b) J Rainey Bookmaker Ltd 42 Castle Street, Bellaghy

Noted.

9 Environmental Health Department 196/08/2013

Mr M Young, Director of Environmental Health submitted the report for the months of June and July 2013 (copy previously circulated to each Member).

9.1 Clean Neighbourhoods and Environment Act (Northern Ireland) 2011

It was

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

Resolved: That the period for compliance with notice previously issued under the Act regarding 7 Road, Draperstown be extended to the end of November to allow works to be completed.

9.2 Affordable Warmth

Mr Young reported progress with regard to the affordable warmth pilot across the Mid Ulster cluster of Councils.

Councillor J J McPeake enquired regarding progress with the establishment of oil clubs.

The Chairperson, Councillor Mrs C Elattar responded by saying that the Ballnascreen community were still interested but there was some trepidation as to how much work would be involved on an ongoing basis 12 Councillor Miss K A Lagan said she thought there would be merit if one club could be established locally as an example to others.

Councillor McPeake asked if the oil club “toolkit” could be placed on the web site and that an information evening would be useful for communities. He also asked that representatives of Ballymena Borough Council be invited to attend and share their learning of the process.

Mr Young said he would contact Ballymena officers with a view to making arrangements

9.3 Glasgowbury Music Festival 2013

Mr Young gave a summary of the department’s involvement in the organisation of the Safety Advisory Group and actions on the days regarding the Glasgowbury music festival. He also said that the organisers had declared this would be the last year of running in that manner.

The Chairperson, Councillor Mrs C Elattar said that she wished to congratulate Glasgowbury on their success over the years and to wish the organisers every success in their future venture.

9.4 It was

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

Resolved: that Council adopt the remainder of the report which was for information.

10 Policy and Development

Submitted report from the Director of Policy and Development (copy circulated to each Member).

10.1 Development Services

10.1.1 Bellaghy Allotments Project

Following discussion it was

Proposed by Councillor J J McPeake Seconded by Councillor Mrs P Smith, and

Resolved: that Council provides additional funding of £8,600 for the Bellaghy allotments project and that the contract for this project be awarded to F P McCann Ltd at a cost of £36,600.

13 10.1.2 Events and Festivals

Small Community Festivals Grant

Councillor J Campbell declared an interest in this item.

Following discussion it was

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

Resolved: that £500 be awarded to Rainey Old Boys’ Rugby Football Club and Curragh Silver Band for small community festival events and that the application from The Magherafelt and District Motor Club for a Sports Event grant be rejected.

10.1.3 Public Realm Scheme Economic Appraisal

Following discussion it was

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

Resolved: that Council provides £273,157 which is10% of the total costs of the preferred option for the Magherafelt Public Realm Scheme and that Council will be responsible for cleansing costs as well as the maintenance and repair costs of any street furniture installed.

10.2 PEACE III

10.2.1 Tender for the Delivery of a Programme in the Dungannon District Council Area to inform and engage local people on the “Decade of Commemorations”

Following discussion it was

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

Resolved: that the Council awards the contract to deliver a Programme in the Dungannon District Council Area to inform and engage local people on the “Decade of Commemorations” to the Rural Centre.

14 10.2.2 Tender for the Delivery of a Programme in the Fermanagh District Council Area to inform and engage local people on the “Decade of Commemorations ”

Following discussion it was

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

Resolved: that the contract from The Junction to deliver a Programme in the Fermanagh District Council Area to inform and engage local people on the “Decade of Commemorations” be rejected.

10.2.3 Delegated authority

Following discussion it was

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

Resolved: that delegated authority be granted to the Council Chairperson and Vice Chairperson to approve the recommendations for tenders received relating to the “Decade of Commemorations”.

10.3 Good Relations

10.3.1 Revenue Sports Grant – Sports Person/Team Representative Grant

Following discussion it was

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

Resolved: that £500 be awarded to the Ulster Clay Shooting Association on behalf of Miss Emma Lesley.

11 Natural Gas

Network Extension to the West and North-West

11.1 Submitted letter received from the Department of Enterprise, Trade and Industry in connection with the extension of the Natural Gas Network (copy previously circulated to each Member).

15 11.2 The Chief Executive explained that it was the Department’s intention to extend the natural gas network to main towns in the West including Magherafelt. The Utility Regulator in Northern Ireland proposed to take forward a formal licence competition in autumn 2013 with the aim to awarding a licence to a gas developer in early 2014 to allow for the commencement of construction works be 2015.

11.3 Members expressed an interest in the contents of the letter and were happy for officials to provide further briefing to the Council on the gas extension proposals.

12 Threatened Closure of Vehicle Licensing Offices

Consideration was given to a letter from Minister Mark H Durkan MLA in connection with the threatened closure of vehicle licensing offices (copy previously circulated to each Member).

12.1 The Chief Executive explained that this letter was really a follow-up to the letter received from Alex Attwood MLA consulting on the future of vehicle licensing services in Northern Ireland.

12.2 The letter intimated that vehicle licensing work in Northern Ireland was funded by DVLA in Swansea and the funding supported 300 jobs in DVA, 235 of which were in . DVLA was completing and IT project that would result in the de-commissioning of the separate computer system used of vehicle licensing work in Northern Ireland and extending the system that served Britain. DVLA estimated that project would be complete in November 2013 and proposed to centralise all vehicle licensing work in Swansea. This would result in the loss of some 1400 jobs.

12.3 The letter further pointed out that Mr Attwood opposed these centralisation plans and he the now Minister for the Environment would continue the campaign to save local services and jobs and trusted that Councils would do similarly.

12.4 Following discussion it was

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

Resolved: that comments on the consultation letter be made through the Council’s party groupings.

13 Payment of Accounts 08/2013

13.1 Submitted Statement of Expenditure setting out payments to be authorised (copy circulated to each Member). The statement made provision for £1,153,614.49 out of the Revenue Account and £328,248.00 out of the Capital Account. 16 13.1.1 It was

Proposed by Councillor B McGuigan Seconded by Councillor T J Catherwood, and

Resolved: to authorise the Statement of Accounts as submitted.

14 Subscriptions

14.1 Show Jumping and Dog Show Event – Marie Curie Cancer Care Submitted letter from Mrs Ray Graham, Bellaghy seeking financial assistance towards expenses incurred, proceeds of which would be donated to Marie Curie Cancer Care. This would be a cross community family event (copy previously circulated to each Member).

Following discussion it was

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

Resolved: that the Council makes a donation of £1,000 to Marie Curie Cancer Care.

15 Logo – Volunteer Centre Certificates

Submitted a letter of request from the Centre Co-ordinator, Cookstown & Magherafelt Volunteer Centre requesting the use of the Council’s logo on certificates produced by them for organisations to give to their volunteers –

• Volunteers’ Week certificates for all ages (1-7 June) • Recognition Award for all volunteers • Millennium Volunteer certificate/award – 14 to 24 year olds

The letter further intimated that Cookstown District Council had given permission to use its logo to endorse these certificates and as the Volunteer Centre covered both Council areas they wished to include Magherafelt Council’s logo.

15.1 Following discussion, it was

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

Resolved: that the Council give permission for the use of the Council’s logo on certificates produced by the Volunteer Centre as outlined.

16 Conferences and Courses 268/08/2013

Consideration was given to the nomination of delegates to attend: 17 15.1 CiPFA - one day seminar “The Future of Local Government in Northern Ireland” to be held on 29 August 2013 in the Hilton Hotel, Belfast (details previously circulated to each Member).

Following discussion it was

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

Resolved: that Mr Albert Hogg, Finance Officer be nominated to attend the CiPFA seminar on 29 August 2013.

15.2 Overview of Welfare Reform – half-day training course to be held at Advice NI offices in Belfast on 4 September 2013 (details previously circulated to each Member).

Following discussion it was agreed that nominations be left open.

15.3 Free Wind Energy Seminar and Wind Farm Visit for planners and Councillors in association with NIRIG to be held on Thursday, 12 September 2013 at Crighshane Wind Farm (details previously circulated to each Member).

Following discussion it was agreed that nominations be left open.

15.4 The Association of Municipal Authorities of Ireland (AMAI) Annual Conference to be held at Inchydoney Lodge and Spa, Clonakilty, Co Cork on 12, 13 and 14 September 2013 (details previously circulated to each Member).

Following discussion it was agreed not to nominate.

15.5 ‘Local Government – A New Dawn? 2013 Seminar organised by Greystones Town Council in association with Ards Borough Council to be held at Charlesland Golf and Country Club Hotel, Greystones from 27 September to Sunday, 29 September 2013 (details previously circulated to each Member).

Following discussion it was agreed not to nominate.

15.6 Building Control Convention – to be held in The Lough Erne Resort Hotel, Enniskillen on 14 and 15 November 2013 (preliminary notice circulated to each Member).

Following discussion it was

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

Resolved: that the Director of Building Control, Mr Ian Glendinning attend and the Council’s representatives on the North-Eastern Group Committee – Building Control Service.

18 16 Consultation Documents

Submitted the following consultation documents:

16.1 Proposed Amendments to the Gas (Applications for Licences and Extensions) Regulations (Northern Ireland) 1996 and to the Published Criteria issued by the Department of Enterprise, Trade and Investment seeking comments by 6 September 2013.

16.2 Bill to change the Organ Donation System in Northern Ireland issued by Jo-Anne Dobson MLA seeking responses by Tuesday, 10 September 2013.

16.3 Draft Regional Strategic Framework for the Central Border Region issued by ICBAN seeking comments by Wednesday, 2 October 2013.

16.4 Proposal for a Road Races (Amendment) Bill issued by the Department for Regional Development seeking responses by 7 October 2013.

16.5 Letter in connection with Rate Rebate Replacement – Second Stage consultation paper prepared by the Department of Finance and Personnel seeking comments by 11 October 2013.

16.6 Consultation on the ERDF Investment for Growth and Jobs Programme for Northern Ireland 2014-2020 prepared by the Department of Enterprise, Trade and Investment seeking comments by Monday, 21 October 2013.

16.7 Draft Fluorinated Greenhouse Gases (Amendment) Regulations (NI) 2013 issued by the Department of the Environment seeking comments by Friday, 25 October 2013.

16.8 Review of the Legal Aid for Crown Court Proceedings (Costs) Rules (Northern Ireland) 2005 published by the Department of Justice seeking comments by Friday, 25 October 2013.

16.9 Consultation on Northern Ireland Law Commission Report on Bail in Criminal Proceedings published by the Department of Justice seeking comments by 31 October 2013.

16.10 Draft Five Year Strategy “Making it Better Through Pharmacy in the Community” prepared by the Department of Health, Social Services and Public Safety seeking comments by Friday, 1 November 2013.

16.11 Improvements to the Approved Driving Instructor (ADI) and Approved Motorcycle Instructor (AMI) schemes in Northern Ireland prepared by the Driver & Vehicle Agency.

16.12 It was agreed that if any Member of Party Grouping wished to comment on the document they should forward their comments to the Chief Executive who would arrange to have them forwarded to the appropriate body.

19 17 Public Appointments

17.1 Submitted letter advising that the Department of Culture, Arts and Leisure would be advertising in the local press seeking applications from people wishing to be a Member of the Management Committee of Armagh Observatory and Planetarium (details previously circulated to each Member).

Noted.

17.2 Submitted a Councillor Board Members Vacancy Notice informing Councillors that the Department of Culture, Arts and Leisure wished to fill by Ministerial appointment, up to eight vacancies on the Board of Libraries NI (details previously circulated to each Member).

Noted.

18 Roads Service

Submitted the following:

18.1 The Private Streets (Northern Ireland) Order 1980

Adoption of Street Works –

(a) Off Sandybraes, Magherafelt – Stage O (details previously circulated to each Member)

(b) Spires Manor, Road, Magherafelt – Stage O (details previously circulated to each Member)

Noted.

Resolution to Proceed “In Committee”

It was

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

Resolved: that the Council proceeds “In Committee”.

Council “In Committee”

20 19 Audit Committee

This item was taken “In Committee”.

20 Councillors’ Allowances for Statutory Transition Committees

This item was taken “In Committee”.

21 Severance Payments to Councillors

This item was taken “In Committee”.

22 Staff Matters

This item was taken “In Committee”.

23 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 P McLean, and

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

Proceedings in “Open Council”

It was

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

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

24 Sealing of Documents

The seal of the Council is hereby affixed to the following item:

21 24.1 Contract for the Provision for the Treatment of the North West Regional Waste Management Group’s (NWRWMG) Collection Comingle Waste from HWRC’s and other Council Services between the Council and Brickkiln Waste Limited (as agreed at the Council meeting held on 25 June 2013).

25 Memorial Stone

The Chief Executive advised that an application had been received from Mr Gordon Lennox Young (grantee and husband of deceased), of 15 Meadowbank Drive, Magherafelt to erect a memorial stone at Plot A139 & A140 – Mrs Margaret Young (deceased).

25.1 Following discussion, it was

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

Resolved: that the Council authorise the erection of a memorial stone in accordance with the Rules and Regulations of Polepatrick Cemetery at Plots A139 & A140.

26 Magherafelt Reds Football Pitch

Councillor J J McPeake raised the issue of a home venue from August 2013 for Magherafelt Reds Football Club. He referred to a letter received by Members from Mr David Lynch, Secretary of Magherafelt Reds FC seeking the Council’s help in finalising match details for the incoming season.

Mr Cassells, Director of Operations stated that this had been a long running issue with Magherafelt Reds regarding the use of the grass area within the running track at Meadowbank by clubs for football matches. He said that there was no other grass pitch suitable in Magherafelt Town and the only alternative was for Magherafelt Reds to use Mill Park at Tobermore.

Councillor P McLean pointed out that the main sponsors of the Club were Magherafelt based and the prospect of the club playing outside of Magherafelt could mean withdrawal of sponsorship as they rely on the teams coming back to their premises after games to spend money in the town.

The Chief Executive advised that the request would involve four to five matches at the start of the new season. The Club would be meeting the Director of Operations in the near future.

Councillor McPeake then enquired about the pitch for Maghera Strollers and what were the plans for the 3G pitch at Meadowbank.

22 The Chief Executive advised that the contract for the 3G pitch had been let as previously approved by Council and construction had commenced in late June. The 3G pitch was expected to be completed during November 2013.

The Chief Executive further advised of the drainage works being carried out at Maghera Football grounds and the issues concerning a fence. He understood that letters had been circulated to residents.

Mr Cassells said that he would keep the Council informed of any developments.

27 For the Information of Members

The following items were submitted for the information of Members –

(a) Copy of the Northern Ireland Housing Executive’s House Condition Survey Report 2011 (b) Copy of the Northern Ireland Housing Executive’s Rural Action Plan 2013- 2015 (c) Copy of Northern Ireland Housing Executive’s Housing Market Review 2013-2016 and Housing Research Bulletin. (d) Copy of letter and Action Plan from the Northern Ireland Environment Agency in connection with Heritage Crime Summits (copy previously circulated to each Member) (e) Copy of Reform Inform – 19 July 2013 (copy circulated to each Member) (f) Copy of The William Keown Trust newsletter – June 2013 (copy previously circulated to each Member) (g) Copy of Community Planning Briefing Newssheet – July 2013 (copy previously circulated to each Member). (h) Annual Report

1 Quality of Drinking Water in Northern Ireland 2012.

The meeting concluded at 9.05 pm.

Chief Executive

The foregoing Minutes are hereby confirmed.

______(Chairperson)

______(Date)

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