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Minutes of April Adjourned Ordinary Meeting of Sligo County Council held on 14th April 2008 in County Hall, Riverside, Sligo at 11am

MEMBERS PRESENT:

Councillor Baker,
Councillor Barrett,
Councillor Barry,
Councillor Bree,
Councillor Cawley,
Councillor Colleary,
Councillor Conmy,
Councillor Devins,
Councillor Fleming,
Councillor Fox,
Councillor Gormley,
Councillor Healy McGowan,
Councillor Henry,
Councillor Higgins,
Councillor Kilgannon,
Councillor Leonard,
Councillor Lundy,
Councillor MacManus,
Councillor McGarry,
Councillor McGrath,
Councillor McLoughlin,
Councillor Mullaney,
Councillor Murray,
Councillor Queenan
Councillor Sherlock

OFFICIALS IN ATTENDANCE:

Mr H. Kearns, County Manager
Ms D. Clarke, Director of Services
Mr D. Breen, Director of Services
Ms R. McNulty, Director of Services
Mr T. Kilfeather, Head of Finance
Mr T. Carroll, Senior Engineer
Mr J. O’Dwyer, Acting Director of Services
Mr J. McHugh, Senior Engineer
Mr K. Larkin, Senior Engineer
Mr T. Brennan, Senior Engineer
Mr J. Murphy, Senior Executive Officer
Ms K. McDaniel, Acting Senior Engineer
Mr F. Moylan, Senior Planner
Ms L. Conlon, Clerical Officer
Ms F. Loughlin, Staff Officer
Mr F. Mac Nabb, Meetings Administrator

CATHAOIRLEACH:

The Cathaoirleach, Councillor S. Kilgannon presided.

It was proposed by Councillor S. Kilgannon and seconded by Councillor Declan Bree that the meeting stand adjourned for 10 minutes as a mark of respect to former President Dr. Patrick Hillary”.

1. SECTION 140 MOTION

Proposed by Councillor J. Devins
Seconded by Councillor J. McGarry

“That we the Members of Sligo County Council hereby direct the County Manager, pursuant to Section 140 of the Local Government Act, 2001, to grant planning permission to John Mullaney to construct a dwelling house, septic tank and percolation area at Ballyweelin, Rossespoint, Co. Sligo, in accordance with plans submitted on Planning Register PL07/1272.

SCHEDULE OF CONDITIONS

1. The proposed dwelling house when completed shall first be occupied as a place of permanent residence by the applicant or members of the applicant’s immediate family, and shall remain so occupied for a period of at least 7 years thereafter, unless consent is otherwise granted in writing by the Planning Authority.
2. Prior to commencement of development applicant shall enter into an agreement with the Planning Authority, pursuant to Section 47 of the Planning and Development Act 2000 providing for the terms of this occupancy requirement.
3. Within 2 months of the occupation of the proposed dwelling house, the applicant shall submit to the planning authority a written statement of confirmation of the first occupation of the dwelling house in accordance with paragraph (a) above, along with the date of commencement of such occupation.
4. This Condition shall not affect the sale of the dwelling by a mortgagee in possession or by any person deriving title by such a sale.
Reason: To ensure that the proposed house is used to meet the stated housing needs of the applicant and that the development in this rural area is restricted to meeting essential local need in the interest of the proper planning and sustainable development of the area
Unless otherwise stated by condition, the proposed development shall be carried out in accordance with the details and drawings submitted to the Planning Authority on the 13th of December 2007.

Reason: In order to clarify the documents to which this permission relates to.
1. The gradient of the access road shall not exceed 1:10 for a minimum distance of 10.0 metres from its junction with the public road.
2. Proper provision shall be made to ensure that no surface water is diverted or allowed to flow onto the adjoining public road.
3. Provision shall be made for the interception and disposal of surface water that may low off the site onto the public road as a result of this development.
4. The existing road drainage system shall not be obstructed by the development.
Reason: In the interest of road safety and to prevent damage to the public road
1. The existing established trees and hedgerows along the South and East boundaries shall be retained and protected from damage during construction.
2. Prior to the commencement of development a detailed landscaping scheme for the site shall be submitted for the written approval of the Planning Authority. This scheme shall include details of: -
- mounding and seeding
- plant and tree varieties
- height and girth of trees proposed
- maintenance and replacement of planting
- timescale for implementation
- Proposals for semi mature tree planting in the vicinity of the proposed dwelling house.
Reason: In the interests of visual amenity
No external lighting of the proposed dwelling house, access road or entrance shall be permitted except as otherwise agreed in writing with the Planning Authority.

Reason: In the interest of visual amenity.
1. A Proprietary Effluent Treatment System and polishing filter shall be installed in accordance with the Environmental Protection Agency Wastewater Treatment Manuals - Treatment systems for single houses and the manufacturer’s instructions/specifications submitted to the Planning Authority.
2. A three year maintenance agreement with the manufacturers for the annual care and maintenance of the effluent treatment system is to be entered into. This contract shall be reviewed every three years and made available to the Planning Authority on request.
3. The final effluent is to be analysed on an annual basis on the anniversary of the initial commissioning of the system. Certified monitoring results shall be kept for a minimum period of 3 years and the results shall be made available to the Planning Authority on request.
4. A visual alarm and audible alarm are to be fitted on the effluent treatment system to alert the residents of any system malfunction.
5. Prior to the use of the effluent treatment system a competent person with professional indemnity insurance shall certify that the system (including the polishing filter) complies with the Environmental Protection Agency Wastewater Treatment Manuals – Treatment Systems for Single Houses. This certificate shall be kept for 5 years and made available to the Planning Authority on request.
6. Photographs of the whole system will be required to be taken by a competent person with professional indemnity insurance before backfilling to show the system is installed correctly (including distribution box and percolation area / polishing filter). The photographs shall be certified and retained for a minimum period of 5 years and made available to the Planning Authority on request.
Reason: In the interest of public health and to ensure the system is adequately maintained and works effectively and in order to ensure that the effluent complies with EU Regulations
Prior to the commencement of development the developer shall pay the sum of €7,998 (Seven Thousand, Nine Hundred and Ninety Eight Euro) to Sligo County Council as a contribution towards expenditure that was and/or that is proposed to be incurred by the Planning Authority in respect of public infrastructure and facilities benefiting development in the area of the Planning Authority, in accordance with the terms of the Development Contribution Scheme made under section 48 of the Planning and Development Act 2000.

€3,180 Water Facilities
€2,409 Town/village improvements, car-parking/roads
€2,409 Libraries, museum, community/cultural development
Reason: It is a requirement of the Planning and Development Act 2000 that a condition requiring a contribution, in accordance with the Development Contribution Scheme made under Section 48 of the Act, be applied to the permission.

Mr D. Breen, Director of Service advised the meeting that the members should have regard to the Planning Officer’s report in the making of this decision.

Mr F. Moylan Acting Senior Planner stated the following;

The application site has been the subject of five previous planning applications for a single dwelling house. Three of these applications were withdrawn (02/138, 04/694 and 07/888) and two were the subject of a refusal of planning permission (99/824 and 05/1189).

The application site is located approx 2km east of Rosses Point village along Regional Road R291. The subject site is relatively flat and is bounded to the north by the Regional Road and to the south by the Sligo Bay coastline. The proposal is for a dwelling house and all associated site works on a stated site area of 0.42 hectares. The gross floor area of the proposed dwelling is stated to be 352m2.

The planning history of the site, and recommended reasons for refusal on the current application, indicate that the planning authority have concerns in relation to both the principle of development on the site and the adverse impact this development would on the visual amenities of the area.

In relation to consistency with the Development Plan policy, the site is located in an Area under Urban Influence and accordingly should be limited to cases of rural generated housing need. Given that the applicant already has a dwelling house in this locality, it is submitted that genuine housing need has not been established. While the special Development Plan provisions relating to the Rosses Point peninsula are acknowledged, it is considered that the accommodation of family members relates to those who are in rural generated housing need which has not been demonstrated in this case. Otherwise, the policy would essentially provide for an unlimited amount of one-off housing units in the Rosses Point peninsula which would be contrary to the rural housing policies of the SCDP and National guidelines on sustainable rural housing.

The rural housing provisions of the development plan give an applicant an indication as to whether a proposed development is likely to be acceptable in principle to the planning authority. However, the Development Plan clearly states that whilst each individual case will be considered on its merits, the carrying capacity of the landscape in absorbing new development will be the determining factor. In this instance, the application site is located between Regional Road R291 and a designated visually vulnerable area identified in the Development Plan at a location which affords open views across Sligo Bay towards Knocknarea. It is submitted that the insertion of a dwelling house on this site, combined with the precedent it would set for further such development at this location, would be seriously injurious to the visual amenities of the area.

In the above context, the planner’s report in respect of the planning application recommends a refusal of planning permission for the following reasons:

The proposed development is located within a Rural Area under Urban Influence as defined in current SCDP 2005-2011. It is the policy of the planning authority to manage development in such areas and to direct development into existing serviced settlements in the interests of sustainable dev and the preservation of the rural environment. It is considered that the proposed development would conflict with this objective and would constitute sporadic development in an unserviced rural area. The proposed development would set an undesirable precedent for further such development at this location and would give rise to an uneconomic demand for the provision of public services and facilities. The proposed development would accordingly be contrary to the proper planning and sustainable development of the area.
The subject site is located between Regional Road R291 and the coastline which is designated as a Visually Vulnerable Area as per SCDP. It is the policy of the Planning Authority, as stated in Section 7.5.1 of the Development Plan, to preserve the unique visual character of such areas and, as stated in section 4.2.6, to control rural housing between coastal roads and the sea. It is considered that the proposed development would conflict with this policy and would interfere with views of the coastline and Knocknarea. Furthermore, having regard to the pressure for development at this location, it is considered that the proposed development would set an undesirable precedent for further such urban sprawl at this location which would detract from the rural character and amenities of the area. The proposed development would accordingly be contrary to the proper planning and sustainable development of the area and seriously injurious to the visual amenities of the area.

As agreement could not be reached in relation to this item, the Cathaoirleach asked that a poll be taken;

For: Baker, Barry, Cawley, Colleary, Conmy, Devins, Fleming, Fox, Healy McGowan, Henry, Higgins, Kilgannon, Lundy, McGarry, McGrath, McLoughlin, Mullaney, Queenan and Sherlock.

Against: Bree, Gormley and MacManus

Abstained: Barrett, Leonard and Murray

As the result was 19 for, 3 against and 3 abstained the motion was carried.

Councillor Aidan Colleary expressed his thanks to the members of the Council for the adjournment of the April Ordinary Meeting as a mark of respect to his late mother, Rita.

Councillor Seamus Kilgannon asked that standing orders be suspended to allow the IFA to make a presentation to the Council at 2pm.

The meeting agreed to this request.

2. MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON THE 3RD MARCH, 2008

Proposed by Councillor M. Gormley
Seconded by Councillor V. Cawley

Councillor M. Gormley asked that an amendment be made to minutes of the previous meeting of the 4th of February 2008 regarding Item Number 15, - “Councillor Gormley seconded this motion”.

AND AGREED

“To confirm the minutes of the Ordinary Council Meeting held on 4th February, 2008 to include the above amendment”.

3. MINUTES OF THE TUBBERCURRY ELECTORAL AREA COMMITTEE MEETING HELD ON THE 14TH DECEMBER 2007;

Proposed by Councillor M. Fleming
Seconded by Councillor M. Gormley

AND AGREED

“To confirm the minutes of the Tubbercurry Electoral Area Committee Meeting held on the 14th of December, 2007”.

4. MINUTES OF THE TUBBERCURRY ELECTORAL AREA COMMITTEE MEETING HELD ON THE 15TH JUNE 2007;

Proposed by Councillor M. Gormley
Seconded by Councillor M. Fleming

AND AGREED

“To confirm the minutes of the Tubbercurry Electoral Area Committee Meeting held on the 15th June 2007”.

5. SECTION 183 OF THE LOCAL GOVERNMENT ACT 2001, THE DISPOSAL OF LAND AT CLOONSHANBALLY TD,CULFADDA, CO. SLIGO TO WESTLINE CONSTRUCTION LTD;

Proposed by Councillor P. McGrath
Seconded by Councillor G. Murray

AND AGREED

“To approve, pursuant to Section 183 of the Local Government Act 2001, the disposal of land at Cloonshanbally TD, Culfadda, Co. Sligo to Westline Construction Ltd”.

6. SECTION 183 OF THE LOCAL GOVERNMENT ACT 2001, THE DISPOSAL OF LAND AT CAMROSS TD, BALLYMOTE, CO. SLIGO TO GILLEECE BROTHERS CONSTRUCTION LTD;

Proposed by Councillor G. Murray
Seconded by Councillor P. McGrath

AND AGREED

“To approve, pursuant to Section 183 of the Local Government Act 2001, the disposal of land at Camross TD, Ballymote, Co. Sligo to Gilleece Brothers Construction Ltd”.

7. ANNUAL FINANCIAL STATEMENT OF SLIGO COUNTY COUNCIL FOR YEAR ENDED 31ST DECEMBER 2007;

Proposed by Counciilor A. Higgins
Seconded by Councillor J. Queenan

AND AGREED

“To note the Annual Financial Statement of Sligo County Council for year ended 31st December 2007”.

8. AUTHORISE OVER EXPENDITURE OF €10,989,810 IIN RESPECT OF THE FINANCIAL YEAR ENDED 31ST DECEMBER 2007;

Proposed by Councillor A. Higgins
Seconded by Councillor J. Queenan

AND AGREED

“To authorise over expenditure of €10,989,810 in respect of the financial year ended 31st December 2007 in accordance with section 104(7) of the Local Government Act 2001”.

9. APPROVE THE RAISING OF LOANS TOTALLING €45M TO FINANCE PROJECTS UNDER THE WATER SERVICES INVESTMENT PROGRAMME;

Proposed by Councillor V. Cawley
Seconded by Councillor M. Fleming

AND AGREED

“To approve the raising of loans totalling €45M to finance projects under the Water Services Investment Programme”.

A general discussion took place on this item.

10. ROAD WORKS SCHEME 2008;

Proposed by Councillor T. McLoughlin
Seconded by Councillor P. Conmy

AND AGREED

“To approve the Road Works Scheme 2008”.

11. SLIGO COUNTY COUNCIL’S ARTS GRANTS AND BURSARIES 2008;

Proposed by Councillor D. Bree
Seconded by Councillor P. Barry

AND AGREED

“To approve recommendations for Sligo County Council’s Arts Grants and Bursaries 2008 (Round 1)

The Meeting agreed to take Item 23 at this time.

23. FUNDING FOR ARTISTIC AND CULTURAL PROJECTS AND EVENTS IN SLIGO;

Proposed by Councillor D. Bree
Seconded by Councillor S. MacManus

AND AGREED

“While this Council confirms its intention to provide grant aid to the Model Niland Gallery, the Co Sligo Youth Theatre, the Sligo Art Gallery, the Western Drama Festival, the Vogler Festival and other projects and events of an artistic and cultural nature, the Council also calls on the Arts Council to increase its funding to artistic and cultural projects and events in Sligo.”

12. NOTE ALLOCATION OF €300,000 FROM DEPARTMENT OF AGRICULTURE, FOOD AND FISHERIES

Proposed by Councillor S. MacManus
Seconded by Councillor P. Barry

AND AGREED

“To note allocation of €300,000 from the Department of Agriculture, Food and Fisheries for works at Raghley Harbour and to approve matching funding of €75,000 for the project”.

13. RURAL WATER ALLOCATION, 2008;

Proposed by Councillor M. Fleming
Seconded by Councillor P. Conmy

AND AGREED

“To note Rural Water Allocation, 2008”.

14. FIX A DATE FOR THE AGM;

Proposed by Councillor T. McLoughlin
Seconded by Councillor P. Conmy

AND AGREED

“That the AGM be held on the 30th of June 2008 at 11.00am”.

15. DELARE ROADS TO BE PUBLIC ROADS;

Proposed by Councillor T. McLoughlin
Seconded by Councillor P. Conmy

AND AGREED

“That Sligo County Council being satisfied of their general public utility declare the Roads named below to be Public Roads in accordance with Section 11(1) of the Roads Act, 1993.

Road Number	Location and Terminal Points
R297/N59	Road situate in the housing estate of “Ox View” in the townland of Dromore West.
L 56046	Road Situate in the housing estate of “Keenaghan Close” in the townland of Keenaghan
L-7509-1	Road Situate in the “Feehily’s” housing estate – cul de sac road from junction with Regional Road R292 in Kilmacowen.

Proposed by Councillor T. McLoughlin
Seconded by Councillor P. Conmy

AND AGREED

“That Sligo County Council Take in Charge “Ox View” housing estate, Dromore West, Co. Sligo”.

Proposed by Councillor T. McLoughlin
Seconded by Councillor P. Conmy

AND AGREED

“That Sligo County Council Take in Charge “Keenaghan Close”, Keenaghan, Ballymote, Co. Sligo”.

Proposed by Councillor T. McLoughlin
Seconded by Councillor P. Conmy

AND AGREED

“That Sligo County Council Take in Charge “Feehily’s housing estate, Kilmacowen, Co. Sligo”.

16. DECLARE ROADS TO BE PUBLIC ROADS;

Proposed by Councillor M. Gormley
Seconded by Councillor G. Murray

AND AGREED

“That Sligo County Council being satisfied of their general public utility declare the Roads named below to be Public Roads in accordance with Section 11(1) of the Roads Act, 1993.

Road Number	Location and Terminal Points
L-81055-0	Road situate the housing estate of “Gurteen View” in the townland of Rathmadder, Gurteen.

Proposed by M. Gormley
Seconded by G. Murray

AND AGREED

“That Sligo County Council Take in Charge “Gurteen View”, Rathmadder, Gurteen, Co. Sligo”.

17. TAKING IN CHARGE OF OWENMORE VIEW, COLLOONEY, CO. SLIGO;

Proposed by Councillor J. Sherlock
Seconded by Councillor P. McGrath

AND AGREED

“That Sligo County Council proceed with the taking in charge of “Owenmore View”, Collooney, Co. Sligo.

18. TAKING IN CHARGE OF WUTHERING HEIGHTS, STRANDHILL, CO. SLIGO;

Proposed by Councillor T. McLoughlin
Seconded by Councillor S. MacManus

AND AGREED

That Sligo County Council proceed with the taking in charge of “Wuthering Heights”, Strandhill, Co. Sligo”.

19. OLD SEWERAGE WORKS AT TIEVEBOY, BALLYMOTE;

This Item was withdrawn with the agreement of the meeting.

20. RETAIN CANCER SERVICES IN SLIGO GENERAL HOSPITAL;

Proposed by Councillor P. Conmy
Seconded by Councillor M. Fleming

AND AGREED

“To ask the Minister for Health and Children, Ms Mary Harney and Mr Brendan Drumme, CEO of the Health Services Executive to retain the cancer services in Sligo General Hospital and if not retained, that Sligo County Council calls on them to resign”.

21. AMEND LOCAL AREA PLAN FOR BALLYMOTE;

This Item was withdrawn with the agreement of the meeting.

The meeting agreed to take Item 38 at this time.

38. SPEED LIMIT ON THE N4 FROM CASTLEBALDWIN TO CLOONAMAHON;

Proposed by Councillor M. Baker
Seconded by Councillor G. Mullaney

“To ask that the speed limit on the N4 from Castlebaldwin to Cloonamahon be reduced from its present limit to a maximum limit of 80km per hour”.
In Response Mr T. Carroll SE stated the following;

One of the primary causes of road collisions, deaths and injuries is speed, inappropriate from, or inconsistent with the prevailing circumstances or driving conditions.

At present the default speed limit on the section of national Primary Route, N4 from Castlebaldwin to Cloonamahon is 100 K.P.H. This is not a target speed but the maximum permissible speed subject to constraints outlined above.

There are many other similar sections of sub-standard National Routes in County Sligo where default speed limit of 100 K.P.H prevails. A proliferation of special speed limits along these sections of route would lead to driver confusion and a difficulty of enforcement by An Garda Siochana due to a lack of resources. I do not recommend a special speed limit to be introduced on this section of Route.

A sum of €400,000 has been provided in Estimates 2008 towards the continued planning of upgrade of N4 Collooney/Castlebaldwin in 2008.

A sum of €35,000 has also been provided for the realignment of junction of Local Road L-54015 and N4 at Ardloy. In the final instance the introduction of a special speed limit on National Route Network is a matter for the National Roads Authority.

PRESENTATION BY IRISH FARMERS ASSOCIATION;

A Presentation was made by the Irish Farmers Association.

After a discussion it was proposed by;

Proposed by Councillor P. Conmy
Seconded by Councillor G. Mullaney

AND AGREED

“That the position of EU Trade Commissioner Peter Mandelson in the WTO negotiations represents a grave and unacceptable threat to Irish farming, the food industry and employment in the Irish economy, we call on the Minister for Agriculture, the Minister for Foreign Affairs and the Taoiseach to assert Ireland’s vital national interest at the highest level in Europe by rejecting Mandelson’s concessions”.

The meeting agreed to take Item 44 at this time.

44. REACTIVATE THE CROSS SUB COMMITTEE DEALING WITH WATER WASTE ISSUES IMMEDIATELY;

Proposed by Councillor J. Queenan
Seconded by Councillor M. Baker

“That Sligo County Council reactivate the cross party sub committee dealing with water waste issues immediately, the remit should be (1) to examine water cost structure for farmers in County Sligo (2) Set up a water conservation programme for the County”.

In Response Mr K. Larkin SE stated the following;

The Water services subcommittee can be reconvened at any time and this will be set in train shortly.

A Water Conservation Programme has been ongoing in Sligo County /Borough for a number of years financed, for the most part, by Department of Environment, Heritage and Local Government.

Stage 1 :

This comprised of sub-dividing all supply areas into discreet metered zones called DMA’s (District Metering Areas), monitoring consumption, leakage, and UFW profiles, and installation of a unified water monitoring system for all water supplies. All consumption information is relayed to HQ at Old Jail

Stage 2:

The active leak detection programme is under way and has resulted in a reduction in UFW of almost 4,000M3/day to date.

Stage 3:

A report has gone to the Department of Environment, Heritage and Local Government seeking approval for a programme of mains rehabilitation for the county at large

A similar report for mains rehabilitation in Borough area will issue later this year.

When funding is forthcoming and it will be spread over a number of years: DEHLG will provide 90% of the funding

As to water conservation at a local level, a booklet is to be issued to schools and to farms indicating how they might best reduce water consumption and wastage.

This booklet will issue shortly.

In addition Sligo County Council has agreed, by way of grant aid, to participate in a Water Harvesting Programme.

This programme has just got under way and is indeed the subject of another Notice of Motion sponsored by Councillor Mary Barrett, referred to previously today.

22. CUMMEEN DRAINAGE SCHEME;

Proposed by Councillor D. Bree
Seconded by Councillor T. McLoughlin

“That the Council be provided with a report indicating when work is expected to commence on the proposed Cummeen Drainage Scheme and when it is expected that the scheme will be operational.”

In Reply Mr K. Larkin SE stated the following;

The contract documents for Cumeen Drainage are substantially complete but the project has not as yet been finally approved by Department of Environment, Heritage and Local Government.

A Design review was submitted to Department of Environment, Heritage and Local Government and approval of this is expected in current year.

It is anticipated that approval to proceed to tender, appoint contractor and commence construction will issue in 2009 and that the scheme be operational in 2010.

It was always envisaged the Cumeen Drainage would not be operational until Sligo Main Drainage was in place and operational

That will happen in October/November of this year.

24. PROVISION OF A NEW BRANCH LIBRARY AND COUNCIL OFFICES IN BALLYMOTE;

Proposed by Councillor D. Bree
Seconded by Councillor P. McGrath

“That the Council be provided with an up to date report regarding the provision of a new Branch Library and Council Offices in Ballymote.”

In Response Ms D. Clarke Director of Services Stated the following;

Sligo County Council are currently progressing the development of new Branch Library and Council offices. An assessment of space requirements has been completed and a site appraisal completed. We are currently in discussion with the HSE regarding the development of a Public Services Centre in Ballymote to include the library, council offices and health services. In the interim we are seeking temporary accommodation for the Area Office and the Library. The Court Services shall remain in the Court House building.

The meeting agreed to take Item 51 at this time.

51. NEW SITE FOR A LIBRARY, AREA OFFICE AND HEALTH CENTRE IN BALLYMOTE;

Proposed by Councillor P. McGrath
Seconded by Councillor G. Murray

“In light of the current proposals for a new site for a Library, Area Office and Health Centre in Ballymote that this Council retain ownership of the old cinema site and that a working partnership with the local community be formed to progress both of these projects”.

In Response Ms D. Clarke Director of Services stated the Council have no intention of disposing of this site at present and that the Council will work with the local representatives and the local community regarding the future use of the site.

25. COUNCIL CALLS ON IARNROD EIREANN TO DISCONTINUE THE PRACTICE OF OVERCHARGING PASSENGERS ON THE SLIGO/DUBLIN LINE ON FRIDAYS AND SUNDAYS;

Proposed by Councillor M. Gormley
Seconded by Councillor D. Bree

AND AGREED

“That this Council calls on Iarnrod Eireann to immediately discontinue the practice of overcharging passengers on the Sligo/Dublin line on Fridays and Sundays due to the increased number of trains now on the line”

26. STUDY ON GROUND WATER IN COUNTY SLIGO;

This item was deferred with the agreement of the meeting.

27. FARM INSPECTIONS REGARDING THE NITERATE DIRECTIVE 2008;

This item was deferred with the agreement of the meeting.

28. PROPOSALS FOR COUNCIL OWNED LAND AT KNOX PARK, CARRAIGNAGAT;

Proposed by Councillor J. Sherlock
Seconded by Councillor G. Murray

“I will ask Council what proposals they have ( if any ) for Council owned land at Knox Park, Carraignagat – adjacent to the river – (original proposal was recreation and amenity)”.

In Response Ms R. McNulty Director of Services stated that the following;

Knox’s Park is currently dedicated as a Parks and Recreation area with a range of public art features. The Parks Department in association with Community and Enterprise and the Arts Office continue to undertake limited maintenance works on site including weed control and footpath maintenance. These works will be ongoing in 2008. There are no proposals to amend the current zoning from Public Open Space. The site has potential for a range of recreational uses but no defined master plan for the site has been developed to date.

29. WESTERN BY PASS;

Proposed by Councillor T. McLoughlin
Seconded by Councillor S. MacManus

“To request that Sligo County Council engages with the local communities in Tonafortes and Strandhill Road regarding the proposed Western by-pass”
In Response Ms K. McDaniel Acting Senior Engineer stated the following;

A member of the road design team called to all the houses in Tonafortes and the Strandhill Road and spoke to residents and dropped in notices when there was no-one at home. Senior engineering staff met with a number of residents groups, including the Strandhill Road residents groups and were available throughout the consultation period. The closing date for submissions was Wednesday 2nd April and we are now in the process of preparing a managers report in relation to the proposed variation.

The County Manager suggested a briefing session between staff and Councillors to allay fears in relation to environment issues and route selection.

30. AREA OF LAND AT CARRAROE AT THE OLD WEIGHBRIDGE FOR CAR PARKING TO SERVICE THE LOCAL CHURCH AND HALL;

Proposed by Councillor T. McLouglin
Seconded by Councillor A. Higgins

“That Sligo County Council make available the area of land at Carraroe at the old weighbridge for car-parking to service the local church and hall”.
In Response Mr T. Carroll SE stated the following;

The area subject of motion was developed and funded from grants of Department of Environment, Heritage and Local Government.

An Garda Siochana require security of this area to enable access to weigh bridge for enforcement of weight restrictions relating to implementation of Road Traffic Act.

I do not recommend public access to this area of property.

31. SUITABLE SITE TO BUILD A NEW MODERN CENTRE OF EXCELLENCE IN TUBBERCURRY;

Proposed by Councillor A. Colleary
Seconded by Councillor J. Lundy

AND AGREED

“To request Sligo County Council negotiate with H.S.E West in acquiring the most suitable site to build a new modern Centre of Excellence. Health Services in Tubbercurry e.g. bringing all doctors, consultant health servants all located in the one complex. Patients over-night stay and adequate car park spacing. This is the way the new H.S.E is moving”.

32. SET A DATE FOR THE RE ESTABLISHMENT OF THE HOMELESS FORUM;

This Item was deferred with the agreement of the meeting.

33. IMPROVE THE BEND ON THE R284 AT CARROWNADARGNEY, GEEVAGH;

Proposed by Councillor G. Mullaney
Seconded by Councillor J. Sherlock

“To ask the Director of Services for Infrastructure, in the interest of public safety to improve the bend on the left hand side of the R284 at Carrownadargney, travelling towards Geevagh”.

In Response Ms T. Carroll SE stated the following;

A sum of €20,000 has been allocated by the Department of Transport under Low Cost Accident Scheme to improve safety on this section of Regional Route R284 at Carrownadargney in 2008.

There is no provision in Estimates 2008 to remove bend.

34. TRAFFIC CALMING MEASURES ON THE R290;

Proposed by Councillor G. Mullaney
Seconded by Councillor J. Sherlock

“To ask the Director of Services for Infrastructure to introduce traffic calming measures on the R290 on the approaches into Ballintogher”.

In Response Mr T. Carroll SE stated the following;

A speed limit of 50Km/hr exists on approaches to Ballintogher Village on Regional Road R290. The enforcement of this speed limit is a matter for An Garda Siochana. There is no provision in the Estimates 2008 for the installation of Traffic Calming Measures on these approaches.

35. CAR REMOVED FROM RIVER AT BEAL AN ESSA WATERFALL, CASTLEROCK;

Proposed by Councillor M. Gormley
Seconded by Councillor J. Lundy

“That steps be taken to have car removed from river at Beal an Essa Waterfall, Castlerock”

In Response R. McNulty Director of Services stated the following;

This car has been in the river for approximately two years. The location is one of very high amenity and it is proposed to examine the feasibility of having it removed from the river which is at the bottom of a deep slope. It would not be prudent to leave it in this location for any longer.
In Response T. Carroll Senior Engineer stated the following;

The Local Area Engineer to compile estimate for the removal of car by sub-contractor subject to Health and Safety requirements and the construction regulations.

There is no budget in the Roads Estimate 2008 for removal of cars from private properties.

The Roads Department will repair breaches in road side boundary wall.

36. WATER HARVESTING PROJECT;

Proposed by Councillor M. Barrett
Seconded by Councillor M. Gormley

“To ask the County Manager what is the position regarding the proposed Water Harvesting Project”.

In Response Mr K. Larkin Senior Engineer stated the following;

A Research Project described as “Sustainable Water Supply and Consumption in County Sligo” commenced in February, 2008. The project co-ordinator is Dr. Tom Curran of UCD Bioresources Research Centre and the project partner is Dr. John Bartlett, Head of Research in IT Sligo.
Project Aims

Review existing data on water management in Sligo and best practice from around the world
Carry out a baseline study of water supply and consumption profiles in the county by monitoring a selection of users across a range of categories (domestic, farm, business, group/private/public water scheme, metered/non-metered).
Draw up proposals to develop sustainable water supply and consumption systems for domestic, farm and business use.
Publish and distribute project findings in collaboration with Sligo County Council.

As stated a baseline study will be carried out on a number of water consumers across a range of categories (domestic, farm, business, group/private/public water scheme, metered/non-metered, rainwater harvesting systems). The quantity and quality (microbial, nitrates, etc.) of water will be assessed by on-site sampling and laboratory analysis at IT Sligo.

The information will be used to outline a range of options (e.g. strategies for minimising water use, and comparing sources such as well/mains/rainwater) for each category of water consumer. Technical details and costs of each approach will be detailed

Project progress reports at 3, 6, 12, 15, 18, 21 months, and final project report at 24 month, will be issued, on sustainable water management.

A student, registered at UCD and based at IT Sligo, has been employed to work on the project fulltime as a Masters Student.

Sligo County Council is providing grant aid of €25,000 per year for two years towards the project.

A Steering Group to monitor progress is in process of being set up and will meet on a quarterly basis.

37. SOURCE OF FUNDING BE IDENTIFIED TO FUND TRAFFIC MANAGEMENT MEASURES;

It was agreed that Councillor A. Colleary’s name should be added to this motion.

Proposed by Councillor M. Gormley
Seconded by Councillor M. Fleming

“That a source of funding be identified to fund traffic management measures which have been agreed at the Area Committee meetings”.

In Response Mr T. Carroll Senior Engineer stated the following;

A sum of €49,000 has been provided in Estimates2008 to upgrade footpaths in Tubbercurry consistent with Traffic Management measures agreed at Local Area Electoral Meeting.

Similarly sums of €45,000 and €30,000 have been provided for footpath improvements in Coolaney and Gorteen respectively. A sum of €30,000 has also been provided to introduce further traffic calming measures in Village of Gorteen under a Low Cost accident reduction scheme.

39. FIANNA FAIL/PD/GREEN COALITION TO HONOUR THE PRE-ELECTION PROMISES MADE BY FIANNA FAIL RE CUTTNG PRIMARY SCHOOL CLASS SIZES;

This Item was deferred with the agreement of the meeting.

40. UP TO DATE REPORT REGARDING THE ROCKFIELD MANOR HOUSING ESTATE, COOLANEY;

Proposed by Councillor D. Bree
Seconded by Councillor M. Gormley

“That the Council be provided with an up to date report from the Enforcement Section regarding the Rockfield Manor housing estate, Coolaney (PL 02/759 and PL 00/1093)”.

In Response Mr J. Murphy Senior Executive Officer stated the following;

The members will be aware that the Council were seeking to get the following works carried out:

Stone-facing of wall to the front of the development
Landscaping
Provision of play area
Upgrading of path along fence adjacent to green area

The Council inspected this development on the 11th April 2008 and the following is the position. Works started last week on stone-facing the wall and these works should be completed over the next couple of weeks.

There were discussions between the Council and the developer in relation to some alterations to the landscaping and in relation to the relocation of the Play Area. The Council had no difficulty with regard to the proposed changes but asked that agreement be reached with the Residents. There has been no agreement to the changes (as at 7th April 2008). The Council has now instructed the Developer to carry out the landscaping in accordance with the Planning Permission and also to bring the green area to an acceptable standard. I am advised that this work is to commence in the current week.

The residents are not in favour of the play area proposed under the Planning Permission and therefore this issue has still to be resolved.

The developer has indicated that the path will be upgraded after works to the green area are completed, as it could be damaged during the course of these works.

In summary, works are ongoing and whilst progress is slow, I am satisfied based on commitments given by the developer that the outstanding works will be carried out.

41. DEVELOPMENT CHARGES;

Proposed by Councillor D. Bree
Seconded by Councillor M. Gormley

“To ask the County Manager to indicate when the report sought by the Council on the 5th of November, regarding the issue of Development Charges, will be provided to the Council.”

In Response Mr. J. Murphy Senior Executive Officer stated the following;

A report was given to the members at the February meeting with regard to the total sum owed to the Council as at 31st December 2007 in respect of development charges.

There are procedures in place under the Planning Acts for seeking compliance with planning conditions including those conditions which require financial contributions to be paid. These procedures involve the service of warning letters and Enforcement Notices on developers. Members are advised that any person who fails to comply with the requirements of an enforcement notice shall be guilty of a criminal offence. In such cases, legal proceedings can be instituted in the District court, which would then determine the matter. It is therefore not considered appropriate that a list of planning files where development charges are currently outstanding be made public; as such publication may prejudice the legal proceedings. The Council is however prepared to allow any member to look at the list of planning files where development contributions are outstanding.

42. OVERFLOW OF RAW SEWERAGE FROM THE STRANDHILL SEWERAGE DRAINAGE NETWORK;

Proposed by Councillor D. Bree
Seconded by Councillor M. Gormley

“To ask the County Manager what plans or proposals the Council has to resolve the problem relating to the overflow of raw sewerage from the Strandhill Sewage drainage network, which was recently highlighted by the Parents Association of Strandhill National School and by the Strandhill Community Development Association”

In Response Mr K. Larkin Senior Engineer stated the following;

This matter was dealt with on afternoon of Monday 3rd March as the problem had been already reported directly to Water Services office.

On this occasion the problem was caused by stones in the pipe near the junction with Buenos Ayres Drive.

There have been a considerable number of blockages in this line in recent years but always the reason has been identified as either builder’s waste or household items which should not have been disposed of in the sewer.

It is not considered at present that there is any problem in this line due to lack of capacity, as on all occasions blockages have been attributable to builder’s rubble or other foreign objects being dumped in the sewer.

Now that most of the building in the immediate vicinity of the area has finished, at least for the present, it is proposed to flush the entire line (This work was due to be completed last Friday 4th).

There may possibly be a residual problem of builders material in the sewer within the newly constructed estate: this matter will be referred to “Enforcement Section” for assessment and action as appropriate.

The question of the capacity of the main will, of course, be kept under review at all times.

43. ESB JUNCTION CHAMBER AT COOLANEY HEALTH CENTRE MOVED BACK TO THE BOUNDARY WALL;

Proposed by Councillor M. Gormley
Seconded by Councillor J. Lundy

“That this Council calls on the HSE to have the E.S.B Junction Chamber at Coolaney Health Centre moved back to the boundary wall in the interest of road safety”.

In Response Mr T. Carroll Senior Engineer stated the following;

ESB Contracts have been contacted by the Senior Executive Engineer, Ballymote in relation to this problem.

They have given a commitment to relocate this mini-pillar as soon as possible.

45. IMPROVE ROAD SIGNAGE TO WEST SLIGO ESPECIALLY ENNISCRONE;

It was agreed this Item would be dealt with at the Enniscrone Area Meeting.

46. UPGRADE OF TUBBERCURRY SEWERAGE TREATMENT PLANT;

Proposed by Councillor M. Fleming
Seconded by Councillor J. Lundy

“To request an up to date progress report on the upgrade of Tubbercurry sewerage treatment plant”.

Five Number tender submissions were received prior to tender closing deadline on 14th March 2008.

Clients Representative, Nicholas O’Dwyer and Co. are currently assessing tender submissions.

It is anticipated that the Report on Tenders will be completed in May 2008.

Subject to Department of Environment, Heritage and Local Government approval it is anticipated that the contract will be awarded in June 2008.

47. LETTER ISSUED BY VEOLIA WATER;

This Item was deferred with the agreement of the meeting.

48. SPEED LIMIT SIGNS BE ERECTED AND THE FOOTPATH EXTENDED TO THE ST. JOHN’S GAA PARK;

This Item was deferred with the agreement of the meeting.

49. ROADWORKS SCHEME IN STRANDHILL;

This Item was deferred with the agreement of the meeting.

50. PROVIDE A FOOTPATH AT KILMACOWEN;

This Item was deferred with the agreement of the meeting.

52. TAKING IN CHARGE OF CLUAIN DARA, HOUSING ESTATE IN BALLISODARE;

Proposed by Councillor J. Sherlock
Seconded by Councillor G. Mullaney

“To ask what is the Councils position in relation to taking in charge the Cluain Dara, Housing Estate in Ballisodare”.

In Response Mr J. Murphy Senior Executive Officer stated the following;

According to the Councils records this development has been completed for a number of years. It appears that an application to take in charge this estate was not lodged with the Council at the time, as the developer of adjacent lands for which planning permission had been granted for 11 houses (Planning Permission PL 00/1076 refers), would be using access road to Cluain Dara to serve his development. It was felt such use during the course of construction, would damage the access road. The houses permitted under PL 00/1076 have now been built but works have still to be carried out to bring the access road within this estate to an acceptable standard. The Council, having regard to the fact that this development is now substantially completed, has recently written to the developer of “Cluain Dara” and enquired as to whether it is proposed to lodge an application with the Council to take the estate in charge (together with a timescale for same). A response is awaited. The residents of the estate can also request the Council to take the estate in charge.

53. IMPROVING PARKING AT COLLONEY STATION;

Proposed by Councillor J. Sherlock
Seconded by Councillor G. Mullaney

AND AGREED

“That this Council calls on Iarnrod Eireann to investigate the possibility of regulating or improving parking at Collooney Station to cater for the increase in passenger numbers availing of the improved services”.

54. FUNDING FOR CALRY ROAD, IF RESPONSE WAS SOUGHT FROM THE DEPARTMENT REGARDING FUNDING AND WORK COMMENCE ON THE COMPLETION OF THE CALRY ROAD;

This Item was deferred with the agreement of the meeting.

55. REPORT ON THE PUBLIC WATER SCHEME IN CALRY WHICH SUPPLIES BALLYNAMONA AND LOUGHANELTEEN;

This Item was deferred with the agreement of the meeting.

56. RELIEVE PROBLEM OF ROAD FLOODING AT CALRY VILLAGE BESIDE CHURCH AND HALL;

This Item was deferred with the agreement of the meeting.

57. VOTES OF SYMPATHY;

Proposed by Councillor P. Conmy
Seconded by Councillor T. McLoughlin

AND AGREED

“That a vote of sympathy be extended to Thomas J Tuffy on the death of his brother, Martin John”.

“That a vote of sympathy be extended to Paul Tuffy on the death of his brother, Martin”.

Proposed by Councillor M. Gormley
Seconded by Councillor M. Fleming

AND AGREED

“That a vote of sympathy be extended to Nathy Wims on the death of his siter, Evelyn”.

Proposed by Councillor G. Mullaney
Seconded by Councillor M. Fleming

AND AGREED

“That a vote of sympathy be extended to Gerard Mullaney on the death of his father, Michael”.

“That a vote of sympathy be extended to Eugene O’Connor on the death of his mother, Mrs B O’Connor”.

Proposed by Councillor D. Bree
Seconded by Councillor V. Cawley

AND AGREED

“That a vote of sympathy be extended to Padraig Fowley on the death his brother, Eugene and Aidan”.

Proposed by Councillor D. Bree
Seconded by Councillor T. McLoughlin

AND AGREED

“That a vote of sympathy be extended to Bobby and Charlie Jones on death of their mother, Caroline”.

58. VOTES OF CONGRATULATIONS;

Proposed by Councillor P. Barry
Seconded by Councillor S. Kilgannon

AND AGREED

“That a vote of congratulations be extended to Sligo GAA County Board officials on their successful hosting of the GAA congress in Sligo”.

59. CORRESPONDENCE

60. MATTERS ARISING FROM MINUTES

61. AOB

62. ADDITIONAL ITEMS CIRCULATED AT MEETING:

The Forthcoming Conference List

The Meeting ended at 4.25 pm

Meeting Date 14/04/2008