Minutes 2009

Minutes of May Ordinary Meeting of Sligo County Council held on 11th May, 2009 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 Murray,
  • Councillor Queenan,
  • Councillor Sherlock

OFFICIALS IN ATTENDANCE:

  • Mr H. Kearns, County Manager
  • Mr T. Kilfeather, Director of Services
  • Ms D. Clarke, Director of Services
  • Ms R. McNulty, Director of Services
  • Ms P. R. Gallagher, Acting Director of Services
  • Ms P. Hamilton, Acting Head of Finance
  • Mr T. Carroll, Senior Engineer
  • Mr D. Harrison, Acting Senior Engineer
  • Mr F. O’Driscoll, Acting Senior Engineer
  • Mr F. Moylan, Acting Senior Planner
  • Mr J. Murphy, Senior Executive Officer
  • Mr M. Carty, Senior Executive Engineer
  • Ms. M. Blowick, Administrative Officer
  • Ms F. Loughlin, Staff Officer
  • Mr F. Mac Nabb, Meetings Administrator


CATHAOIRLEACH:

  • The Cathaoirleach, Councillor J. Devins presided.

PRESENTATION TO RETIRING MEMBER:

The Chairman expressed his good wishes to Councillor John Sherlock who had served over the past 19 years on the Council and also to Mr Tommy Carroll, Senior Engineer who is due to retire at the end of June after over 30 year service with Sligo County Council.

All of the Members expressed their good wishes to both Councillor Sherlock and T. Carroll.

The County Manager also paid tribute to both Councillor Sherlock and Mr T. Carroll and wished them well on their retirement.

Both Councillor Sherlock and Mr T. Carroll expressed their appreciation to fellow Members and Staff.


1.  MINUTES OF THE  SPECIAL MEETING HELD ON 23RD APRIL, 2009:

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

AND AGREED

“To confirm the minutes of the Special Meeting of the Council held on the 23rd April, 2009”


2.  MINUTES OF APRIL ORDINARY MEETING HELD ON 6TH APRIL, 2009:

Proposed by Councillor S. MacManus
Seconded by Councillor M. Fleming

AND AGREED

“To confirm the minutes of April Ordinary Meeting held on the 6th April, 2009”


3.  MINUTES OF THE BALLYMOTE AREA MEETING HELD ON 19TH MARCH, 2009:

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

AND AGREED

“To confirm the minutes of the Ballymote Area Meeting held on the 19th March, 2009”

4.  MINUTES OF THE BALLYMOTE AREA MEETING HELD ON 16TH FEBRUARY, 2009:

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

AND AGREED

“To confirm the minutes of the Ballymote Area Meeting held on the 16th February, 2009”


5.  DISPOSAL OF PROPERTY AT KILRUSHEIGHTER, TEMPLEBOY, CO SLIGO:

Proposed by Councillor D. Healy McGowan
Seconded by Councillor G. Murray

AND AGREED

“to approve, pursuant to Section 183 of the Local Government Act, 2001, the disposal of a dwelling at Kilrusheighter, Templeboy, Co. Sligo to Eamon and Martina Hardiman of 9 Sycamore Drive, Barrybeg, Athlone, Co. Westmeath”


6.  COMMUNITY AND VOLUNTARY GRANT AWARDS:

Proposed by Councillor A. Higgins
Seconded by councillor J. Lundy

AND AGREED

“To approve the Grant Awards under the Community and Voluntary Grant Scheme, 2009”


7.  AUTHORISE BORROWING OF SUM OF €8M OVERDRAFT:

Proposed by Councillor A. Higgins
Seconded by Councillor P. Barry

AND AGREED

“That pursuant to Section 106 of the Local Government Act, 2001 and subject to the sanction of the Minister of the Environment, Sligo County Council hereby authorises the borrowing of a sum not exceeding €8m by way of temporary overdraft for the period to 31st December, 2009”


8.  OFFICIAL OPENING OF SLIGO MAIN DRAINAGE TREATMENT PLANT:

Mr T. Kilfeather, Director of Services stated that the new Sligo Main Drainage Facility at Finisklin, Sligo was now operational and it was intended to officially open the facility over the coming weeks.  It was agreed that the Cathaoirleach would officially open it if the Minister was unavailable to do so.


9.  SLIGO MAIN DRAINAGE:

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

AND AGREED

“Sligo County Council welcomes the completion of Sligo Main Drainage Works and also the fact that the wastewater treatment plant is now operational. This facility will serve not only Sligo Town but also in the future, surrounding areas including: Ballincar / Cregg / Rosses Point / Carrowroe / Teesan / Lisnalurg / Hazelwood / Ballinode / Cummeen.”

Councillor D. Bree sought an update in regards to Cummeen Sewerage Scheme and Carraroe Sewerage Scheme.  In response, Mr D. Harrison, A/Senior Engineer stated the following:

Cummeen Sewage Scheme involves the installation of almost 7km of pipeline infrastructure and pumping stations to service lands in Cummeen, Rathonoragh and Knappaghmore areas which will facilitate the removal of existing septic tanks and also service the future development needs of the catchment. The Council is awaiting Department approval in order to advance the scheme. 

Carraroe Sewage Scheme will service zoned lands in the Carraroe, Tullynagracken and Carrowgobbadagh areas. Some of the infrastructure in Carraroe has already been constructed by a developer and the planning and design phases for the remainder of the scheme are ongoing at present.


10.  ROAD SAFETY ISSUES AT STRANDHILL NATIONAL SCHOOL:

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

“That the Council be provided with an up to date report on discussions/negotiations that have taken place with the Board of Management and Parents Association of Strandhill National School in respect of road safety issues and also with regard to the offer made by the school to the Council, of road frontage which may be used for road improvements and road widening, and further to ask that a meeting be arranged with relevant Council staff and representatives of the school and elected representatives so as to identify and resolve any outstanding issues."

In response In response, Mr T. Carroll, Senior Engineer stated the following:

Sligo County Council have carried out a series of traffic safety improvement and surfacing works on the road in front of Strandhill National School eg. provision of speed ramps, signing and lining and public lighting improvement.

Staff from Sligo County Council have had numerous meetings with the School Principal, Parents’ Association and Local Councillors in relation to improving traffic management issues.  Draft layouts were prepared by Sligo County Council, Road Design Office and discussions took place regarding different options.

Sligo County Council will facilitate and co-operate with the School Board of Management in preparing an agreed design to solve traffic management problems.
The provision of these facilities is primarily the responsibility of the school and Sligo County Council have no funding for any further works at this location.


11.  HOUSING LEASING AGREEMENT SCHEME:

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

“That this Council agree that any contracts agreed under the Housing Leasing Agreement scheme will include a rent review clause, that this clause will allow for rents to be reviewed for higher and lower rent payments. Further, that a clause be included that will allow for discussion of the possible purchase of the houses leased long term at 5 year intervals and the wording of these clauses to be done with the advice of the relative Government Department.”

After a brief discussion, it was

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

AND AGREED to amend the motion by adding the following:-

“Further that houses will only be leased in housing estates that are finished to an approved standard that is acceptable and approved by Sligo Council Engineer and the Planning Section”

In response, Ms. D. Clarke, Director of Services stated the following:

Under the scheme there is an option for fixed rents and an option for insertion of rent reviews.  Carrying out rent reviews periodically can result in the rent going upwards or downwards depending on market trends.  A process for how a rent review is to be determined will be included within the agreement and must be considered in light of best value for money for the Council in light of current market trends.

The current scheme does not provide for the right to purchase by the Council or by the proposed occupiers.  In response to this the Department of the Environment, Heritage and Local Government (DOEHLG) state that the leasing initiative cannot be viewed in isolation to other housing options.  They comment that it is not possible, in all circumstances, for the council to place tenants initially in properties where they have the right to purchase however tenants can be transferred to Local Authority owned properties, if their need is long term and there they can avail of an option to buy.  Reference is made to the life cycle approach to housing promoted by the DOEHLG whereby a persons housing need is to be met in such a way that allows for flexibility and a persons needs changing over time.

The circular does refer to further guidance on this in the future and does not rule out the possibility of the introduction of the right to buy option in the future where justified.


12.  PEDESTRIAN CROSSING ON THE N59:

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

“That this Council liaise with the NRA to provide a pedestrian crossing on the N59 in the village of Dromore West, adjacent to the community centre.”

In response In response, Mr T. Carroll, Senior Engineer stated the following:

Sligo County Council Roads Department will liaise with the NRA with a view to securing funding for pedestrian crossing on the N59 at Dromore West in 2010 under Road Safety Remedial Measures.


13.  CALL ON BUS EIREANN TO RE-LOCATE BUS STOP IN DROMORE WEST VILLAGE:

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

AND AGREED

“That this Council call on Bus Eireann to re-locate their Bus Stop from the N59 in the village of Dromore West to the R297 and also to provide a bus shelter at this location.”

It was agreed that items 40 and 61 be taken at this time.


40.  HAZELWOOD HOUSE:

Proposed by Councillor S. Kilgannon
Seconded by Councillor I. Fox

“Sligo County Council have the responsibility to ensure that Hazelwood House is properly protected from further endangerment, we now call on this Local Authority to take the necessary measures to have the immediate roof repair works done by the Owners so that this magnificent house can be protected by its owners who have the responsibility to ensure that the house is not endangered.


61.  HAZELWOOD HOUSE:

Proposed by Councillor I. Fox
Seconded by Councillor S. Kilgannon

“I will ask Sligo County Council to call on the owners of Hazelwood House, Forest Haze Development Ltd, as a matter of urgency, to repair roof on Hazelwood House and to protect the house from further endangerment as it is a protected structure”.

In response to both motions, Mr J. Murphy, Senior Executive Officer stated the following:
The Council recently received a complaint with regard to rain coming through the roof areas of Hazelwood House, a protected structure.   The Council arranged for an inspection of the house to be carried out last Friday.  A report and recommendations is currently being prepared for consideration by the Director of Services.  Members are advised that the Planning Authority under Section 59 of the Planning and Development Act 2000 can serve notice on the owner or occupier of a protected structure to prevent the structure from becoming or continuing to be endangered.  Such notice shall

  1. Specify the works which the planning authority considers necessary in order to prevent the protected structure from becoming or continuing to be endangered, and
  2. Require the person on whom the notice is being served to carry out those works within a specified period of not less than 8 weeks from the date the notice comes into effect.

Finally, the owner of the house has been advised in relation to the complaint and of the duty to protect the house from endangerment under the Planning and Development Act 2000.  The owner has also been requested to take immediate steps to address this matter.


14.  CALL ON COILLTE AND FAILTE IRELAND TO CLEAN UP DEERPARK, CALRY:

Proposed by Councillor I. Fox
Seconded by Councillor V. Cawley

AND AGREED

“To ask Sligo County Council to call on Coillte and Failte Ireland to clean up Deer Park in Calry, carry out resurfacing works on pathways and to provide access through the existing entrance gates.”


15.  CALL ON GOVT RE: WATER RATE FOR FARMERS:

Proposed by Councillor I. Fox
Seconded by Councillor M. Fleming

AND AGREED

“To ask this Council to request Minister Gormley and the Department of Environment, Heritage and Local Government to explore the option of the introduction of a livestock water rate for farmers.”


16.  UPGRADE OF WATERMAIN FROM KILLOGUEBOY TO COUNTY BOUNDARY:

Proposed by Councillor I. Fox
Seconded by Councillor S. Kilgannon

“To ask this Council to provide funding for the upgrading of water main piping from Killogueboy Junction to the County boundary.”

In response, Mr D. Harrison A/Senior Engineer stated the following:

This proposal relates to the replacement of an existing cast iron water main along Regional road R278 for a distance of approximately 1.9km in the townlands of Loughanelteen and Carrickoneilleen. The completed works are estimated to cost €195,000.

Unfortunately there is no funding in the operation and maintenance budget or in existing capital allocations to carry out this work at present, however the Council will keep this matter under review.


17.  DEVELOPMENT LEVIES:

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

“In planning cases, where the County Manager and Executive agreed to allow Developers to make phased payments of Development Levies to the Council, what security was sought from the Developers to ensure the payment of the levies?”

In response, Mr J. Murphy, Senior Executive Officer stated the following:

Under the Planning and Development Act 2000 the Planning Authority may facilitate the phased payment of contributions and may require the giving of security to ensure payment of contributions.  This Council facilitates phasing of payments, in particular with regard to housing estates, but has not to date sought security in this regard.

The Council traditionally has not sought such security and I am not aware of any other Local Authority which requires the giving of security.

Safeguards are built into the system in that generally the purchaser’s solicitor will not allow a sale to proceed unless the condition relating to development contributions is complied with.

Notwithstanding the above, it is something that may be worth examining for the future.

The requirement for the security would have to be conditioned as part of the planning permission. The current development contribution scheme may also have to be revised to reflect that security may be required.

The type of security which the Council could look for would have to be examined and how and when it could be drawn down. In addition regard to additional costs on the developer and potential purchasers would have to be considered.

Notwithstanding the above, it is my view that in the current climate there is little prospect of any developer being able to furnish an appropriate security. We could then have a situation where the Council was stopping development because a developer could not come up with an appropriate security.


18.  PROFESSIONAL SERVICES PROVIDED TO THE COUNCIL:

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

“That this Council welcomes the circulation of the list of persons/firms providing professional services to the Council and the details of payments to each for the years 2007 and 2008, and further that the County Manager and the Directors of Services clarify details of the services provided where such information is required.”

In response, Mr T. Kilfeather, Director of Services stated that this motion referred to the report circulated to Members on 30th March, 2009, which was a significant compilation of payments to persons/firms for services provided to the Council and stated that any specific queries on the report would be answered in due course.


19.  ROAD SIGNAGE AND RUMBLE STRIPS AT BUENOS AYRES DRIVE AND BURMA ROAD, STRANDHILL:

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

“That in the interest of public safety, Sligo County Council review as soon as possible road signage and re-instate rumble strips on Buenos Ayres Drive and Burma Road in Strandhill”

In response, Mr T. Carroll, Senior Engineer stated the following:

The roads in question were improved under Road Restoration Programme 2008.

Road Markings and rumble strips will be replaced on improved sections of roadway as soon as contractors are engaged.


20.  ‘CLOCK OIR’ ESTATE, CARNEY, CO SLIGO:

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

“Has there been any progress in relation to the taking in charge of "Cloch Oir" Estate Carney?”

In response, Mr J. Murphy, Senior Executive Officer stated the following:

Further to my report to the Members at the March meeting of Sligo County Council, I now wish to advise that the developer has advised the Council that the as-constructed drawings have been prepared and the taking in charge application will be submitted this week.

Councillor M. Gormley enquired about the taking in charge of “Stonepark” estate in Ballymote.  Mr J. Murphy, SEO indicated that there would be no objection if the Members agreed at this meeting to instigate the necessary procedures under Section 11 of the Roads Act 1993 to declare public the road serving the estate.

It was then,

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

AND AGREED

“That Sligo County Council commence the process of taking in charge the estate known as “Stonepark” Ballymote, Co. Sligo, by instigating the necessary procedures under Section 11 of the Roads Act 1993 to declare public the road serving the estate”


21.   SPORTING AND RECREATIONAL FACILITIES AT BELLANODE/HAZEL WOOD:

Proposed by Councillor J. Devins
Seconded by Councillor I. Fox

“What progress has been made to see if lands identified for sporting and recreation in the Bellanode/Hazelwood area plan can be made available to the Calry/Ballinode area for sporting and recreational facilities?”

In response, Ms. P. R. Gallagher, A/Director of Services stated the following:

The lands identified for sporting and recreational facilities in the Bellanode/Hazelwood area plan are not in the ownership of Sligo Local Authorities.  Any land that is owned by Sligo Local Authorities in this area is within the jurisdiction of Sligo Borough Council.


22.  BALLYMOTE NEW FIRE STATION:

This item was deferred with the agreement of the meeting.


23.  WASTE BIN OUTSIDE BALLYMOTE SCHOOLS:

This item was withdrawn with the agreement of the meeting.


24.  CALL ON NRA AND GOVERNMENT TO IMPROVE N17 FROM RHUE TO R294 JUNCTIONS:

Proposed by Councillor M. Fleming
Seconded by Councillor A. Colleary

“To propose that funding be sought from the NRA and the Minister for Transport to carry out improvement works on the National Primary route N17 from Rhue to junctions with Regional Road R294, to include footpaths at Gallagher Terrace, road widening and provision of a roundabout at junction.”

In response, Mr T. Carroll, Senior Engineer stated the following:

There is no provision in Roadworks Scheme 2009 for series of road improvements as described in attached notice.

The estimated cost of works including roundabout is €1.5 million.

It was agreed that items 62 and 63 be taken at this time.


62.  PROVIDE SEWERAGE SYSTEM TO BARROE:

Proposed by Councillor I. Fox
Seconded by Councillor J. Devins

“I will ask at the next meeting of Sligo County Council why the Council has not provided a sewerage system to Barroe and, as a matter of urgency, to extend the sewerage system to this area”.

In response, Mr D. Harrison A/Senior Engineer stated the following:

The townland of Barroe is situated north east of Sligo City along the N16 National Primary route. It is approximately 1.5km outside the catchment of the existing sewer collection network.  Any extension of the collection network to service the 18 existing dwellings under the Water Services Investment Programme would require prior approval from the Department. The preliminary cost estimate for this network extension is €0.5M. This figure is well in excess of the Departments’ value for money guideline of €10,000/house and would not gain approval on this basis. The Council will continue to monitor new developments in the area and review the feasibility of this network extension on an ongoing basis.


63.  CALL ON GOVERNMENT AND HSE TO PROVIDE CONSULTATNT NEUROLOGIST AT SLIGO GENERAL HOSPITAL:

Proposed by Councillor I. Fox
Seconded by Councillor M. Gormley

AND AGREED

“I ask Sligo County Council to call on the Minister for Health and the HSE to urgently provide an additional consultant neurologist at Sligo General Hospital as people have currently to wait over 12 months for an appointment to see the present neurologist, Mr Kevin Murphy”.

It was agreed that items 53, 54, and 55 be taken at this time.


53.  SERVICES AT SLIGO GENERAL HOSPITAL:

Proposed by Councillor S. MacManus
Seconded by Councillor M. Gormley

AND AGREED

“That Sligo County Council request the Health Service Executive (HSE) to explain to this Council its future intentions in relation to the provision of orthopaedic services at Sligo General Hospital and that the HSE would agree to meet a deputation from Sligo County Council to discuss this matter”


54.  SERVICES AT SLIGO GENERAL HOSPITAL:

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

AND AGREED

“That this Council calls on the Minister for Health, Mary Harney and the HSE to reverse the decision to close wards at Sligo General Hospital”


55.  SERVICES AT SLIGO GENERAL HOSPITAL:

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

AND AGREED

“Taking into consideration the fact that Professor Tom Keane has given assurances that Cancer Services would only be transferred to proposed Centres of Excellence when improved services were guaranteed in such Centres, and alarmed at the fact that transfers of services have taken place in the South East despite the fact that 36 of 48 national minimum standards for quality and safety were deficient, and further recognising that the outcomes for patients with breast cancer treated in Sligo General Hospital are of the highest standard, this Council again calls on the Government and the Minister for Health to reverse the decision to transfer the Breast Cancer service from Sligo.”


25.  REDUCE AGE LIMIT FOR MATURE STUDENTS:

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

AND AGREED

“To request the Minister for Education to reduce the qualifying age for mature students from the present 23 years to 21 years.”


26.  AMBULANCE BASE FOR SOUTH SLIGO:

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

AND AGREED

“That this Council requests the Ambulance Section of the HSE for the up-to-date position on the

  • Ambulance Base for South Sligo and
  • Confirmation that the First Responder Vehicle located in the Tubbercurry Area is not to be withdrawn”

It was then:

Proposed by Councillor A. Colleary
Seconded by Councillor S. MacManus

AND AGREED

“To finish the meeting at 4.00pm”

F. MacNabb, Meetings Administrator informed the Meeting that since this was the last Meeting of the current Council any Motions not dealt with at the meeting would lapse with the meeting.

Members thanked Officials for their co-operation and helpfulness throughout the 5 year term.  The County Manager expressed his best wishes to Members during the Election.


64.  VOTES OF SYMPATHY:

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

AND AGREED

“that a vote of sympathy be extended to Mrs Mary Marren on the death of her brother, Sean Ryan”

“that a vote of sympathy be extended to Mrs Loreta Bourke on the death of her father, Pakie Meehan”

“that a vote of sympathy be extended to Mrs Mary Coleman on the death of her brother, Tom Walsh”

“that a vote of sympathy be extended to Richard Ruttledge on the death of his father, Dick Ruttledge”

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

AND AGREED

“that a vote of sympathy be extended Mrs Veronica Ryan on the death of her son, Sean Ryan”

“that a vote of sympathy be extended to Charles Henry and Family on the death of their wife and Mother, Bridie”


66.  CONFERENCES:

Proposed by Councillor D. Bree
Seconded by Councillor J. Queenan

AND AGREED

“That a vote of congratulations be extended to Seamus McCormack on his election to the position of President of Comhaltas Ceoltoirí Eireann.”

 Proposed by Councillor S. Kilgannon
 Seconded by Councillor J. Leonard

AND AGREED

“That the list of Conferences circulated for May at this meeting was unanimously approved”

 


 The meeting ended at 4.00 pm. 


Meeting Date 11/05/2009