Minutes 2006

Minutes of the Ordinary Meeting of Sligo County Council Held on 8th May 2006 at 2.00pm in the Council Chamber, County Hall, Riverside, Sligo.

MEMBERS PRESENT:

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

OFFICIALS IN ATTENDANCE:

Mr H. Kearns, County Manager
Ms D. Clarke, Director of Services
Mr S. Concannon, Director of Services
Mr P. Forkan, Director of Services
Mr D. Breen, A/Director of Services
Mr T. Kilfeather, Head of Finance
Mr T. Carroll, Senior Engineer
Mr K. Larkin, Senior Engineer
Mr B. Gavin, Project Engineer
Mr J. Moran, Administrative Officer
Mr G. Salter, Senior Executive Engineer
Mr D. Tinney, County Librarian
Mr M. Feeney, Administrative Officer
Mr C. McNamara, Staff Officer
Ms M. Collery, Clerical Officer
Mr F. MacNabb, Meetings Administrator

CATHAOIRLEACH:

The Cathaoirleach, Councillor P. Barry presided.

In relation to PL: 05/1189 the meeting agreed that members meet at the site in Rosses Point at 9.30am on 12th June 2006 prior to the Councils Ordinary June meeting. It was also agreed that a Planning Official would attend.

It was agreed that a special meeting to discuss the Mini Plans for Coolaney, Carney and Dromore West take place on 22nd May at 11.00am.

1. MINUTES OF SPC4 MEETING HELD ON 19 JANUARY 2006:

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

AND AGREED

"That the minutes of SPC4 meeting held on 19 January 2006 be and are hereby confirmed".

2. MINUTES OF BALLYMOTE AREA MEETING HELD ON 8 FEBRUARY 2006:

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

AND AGREED

"That the minutes of the Ballymote Area meeting held on 8 February 2006 be and are hereby confirmed".

3. MINUTES OF SLIGO/DRUMCLIFFE AREA MEETING HELD ON 20 FEBRUARY 2006:

Proposed by Councillor S. Kilgannon
Seconded by Councillor V. Cawley

AND AGREED

"That the minutes of the Sligo/Drumcliffe Area meeting held on 20 February 2006 be and are hereby confirmed".

4. MINUTES OF ORDINARY MEETING HELD ON 3 APRIL 2006:

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

AND AGREED

"That the minutes of the Ordinary Meeting held on 3rd April 2006 be and are hereby confirmed".

At the request of Cllr Margaret Gormley the meeting agreed that the members would be provided with a detailed report for the next ordinary meeting of the Council on the agreement made by the Council with Veolia Water.

5. SECTION 183: DISPOSAL OF PROPERTY AT 9 BOTHAR AN CORRAN, BALLYMOTE, CO. SLIGO:

Proposed by Councillor P. McGrath
Seconded by Councillor S. McManus

AND AGREED

"To approve, pursuant to Section 183 of the Local Government Act 2001 the disposal of property at 9 Bothar an Corran, Keenaghan, Ballymote, Co. Sligo to Amanda Martin".

6. SECTION 183: DISPOSAL OF PROPERTY AT 11 KEENAGHAN CRESCENT, BALLYMOTE, CO. SLIGO:

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 property at 11 Keenaghan Crescent, Ballymote, Co. Sligo to Austin Cannon and Sandra Davey".

7. SECTION 183: DISPOSAL OF PROPERTY AT 10 ROCKFIELD MANOR, COOLANEY, CO. SLIGO:

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

AND AGREED

"To approve, pursuant to Section 183 of the Local Government Act 2001 the disposal of property at 10 Rockfield Manor, Coolaney, Co. Sligo to Sean and Tanya Gallagher".

8. FIXING OF A DATE FOR THE HOLDING OF THE ANNUAL GENERAL MEETING:

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

AND AGREED

"That the Annual General Meeting be held on 26th June 2006 at 3.00pm".

With the agreement of the meeting Items 9 and 28 were taken at this stage.

9. AND 28. ROADWORKS SCHEME 2006:

Following discussion it was

Proposed by Cllr M Gormley
Seconded by Cllr S. MacManus

AND AGREED

“To approve the Roadworks Scheme for 2006”.

Cllr J. Sherlock asked that he be recorded as dissenting.

Cllr S. MacManus asked that Mr T. Carroll's report be circulated to members.

10. TO APPROVE THE GRANTING OF A LEASE AND THE MAKING OF A CONTRIBUTION TO THE JAMES MORRISON COMMEMORATIVE GROUP, RIVERSTOWN:

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

AND AGREED

"That Sligo County Council hereby approves the granting of a lease to the James Morrison Commemorative Group in accordance with the terms of the report presented to the meeting
That Sligo County Council approves the making of a contribution of €40,000 to the James Morrison Commemorative Group to be financed from the proceeds of the financial contribution scheme in the future."

With the agreement of the meeting Items 11, 31 and 35 were taken at this stage.

11, 31 AND 35. PRELIMINARY REPORTS FOR GRANGE, STRANDHILL AND TUBBERCURRY SEWERAGE SCHEMES:

The meeting noted the approval of the Minister for the Environment, Heritage and Local Government to the preliminary reports for Grange, Strandhill and Tubbercurry Sewerage Schemes under the Serviced Land Initiative.

12. LABOUR RIGHTS AND ENTITLEMENTS - OUTSIDE CONTRACTORS:

Proposed by Councillor S. MacManus
Seconded by Councillor S. Kilgannon

AND AGREED

"That before engaging outside contractors or any other external personnel to carry out work for, or on behalf of Sligo County Council in the future, that a written guarantee confirming that all employees engaged or sub-contracted by these companies while working for or on behalf of this Council, are being afforded their full statutory labour rights and entitlements, is sought and obtained before signing contracts, in the same way as the Council demands proof of Insurance Cover, Tax Clearance Certificates, etc. Furthermore that this Council, as a matter of urgency, ensures that all personnel working for or employed as sub-contractors by companies currently carrying out work for Sligo County Council are receiving their full statutory labour rights and entitlements".

The County Manager advised the motion should be forwarded to the Department of Finance as the rules governing this are set out by this Department.

After a discussion it was:-

Proposed by Councillor S MacManus
Seconded by Councillor D. Bree

AND AGREED

"That Sligo County Council having unanimously adopted the proposal in relation to contractors and subcontractors affording full statutory payments and entitlements to employers now forward this proposal to the Department of Finance with a view to the Department amending the clauses in standard contracts to reflect a clear commitment by contractors to fulfill their statutory obligations to their employees".

13. FUNDING TO IMPROVE SIGHTLINES FROM HILLCREST PARK TO BUENOS AIRES DRIVE:

Cllr J. McGarry asked the Council what funding is available in 2006 to improve sightlines from Hillcrest Park to Buenos Aires Drive in Strandhill.

In reply, Mr T. Carroll Senior Engineer said that there is no provision in 2006 estimates to improve the sightlines. However, if land were purchased in the current year these improvements could be undertaken in 2007. Negotiations have commenced with landowners and hopefully will be successfully completed.

With the agreement of the meeting Items 14, 20 and 39 were taken at this stage.

14, 20 AND 39 WATER METERING CHARGES:

Cllr M. Barrett asked that Sligo County Council review the water metering charges particularly in relation to small farm holdings.

Cllr P. Conmy asked whether it was Council or Government Policy to meter the water supply to nondomestic users and why Sligo is the first county for the meters to be installed.

Cllr M. Fleming asked the County Manager and Minister for the Environment to review and reduce: -

proposed charges for farmers requiring a number of meters
charges to small businesses
charges to group water supply schemes

because Sligo is a pilot project for the installation of meters on public water supplies.

In response, the County Manager said that water had to be charged for, as there was a cost to producing it, a cost of installation of the meters and a cost of treatment of the water.

Members expressed concern with the Veolia Water Company.

Mr S Concannon, DOS said there had been a public tender for a DBO contract and Veolia Water were successful and awarded the contract for 10 years. It was noted that a series of public information meetings were taking place in the next few weeks.

15. CONSTRUCTION OF SLIGO MAIN DRAINAGE SCHEME AT FAR FINISKLIN:

Cllr T. McLoughlin asked if approval has been obtained from the Department to commence the construction of the Sligo Main Drainage Scheme at Far Finisklin and the date of this approval and the Capital sum allocated for this purpose.

In reply, Mr K. Larkin Senior Engineer said that DOEHLG approval was received in June 2005 to proceed with this scheme subject to agreement on bonds, insurance etc and this is ongoing. The capital costs for the construction of the scheme is €21.5M of which the DOEHLG contributes €17.25M.

He also informed the meeting that the Cummeen Sewage Scheme would run parallel to the Sligo Main Drainage Scheme.

16. PROVISION OF NEW LIBRARY AND NEW MUSEUM IN SLIGO:

Cllr T. McLoughlin asked for a full report setting out the state of progress with the provision of a new Library and a new Museum in Sligo including estimated time frames for delivery of these long awaited facilities in Sligo.

Ms D. Clarke, DOS said that the Council are in the process of procuring a consultant architect to prepare a Feasibility Study to examine the potential of the existing site at Stephen Street to accommodate the library project. A notice was published in the OJEU on 7th April 2006. It is intended that the feasibility study would establish the potential of the site to meet our needs going forward.

The County Manager informed the meeting that this was being done at the request of Department of the Environment, Heritage and Local Government.

Mr B. Gavin, Project Manager stated that the design for the museum is substantially complete. Consultations are being finalised and it is intended that a planning application will be lodged this month. It is hoped to start construction in early 2007 with the opening in 2008.

17. PASS MACHINE IN BALLISODARE:

Proposed by Councillor J. McGarry
Seconded by Councillor J. Sherlock

AND AGREED

"That Sligo County Council Sligo County Council call on the financial institutions in Sligo to provide a pass machine in Ballisodare town".

18. DEVELOPMENT OF PLAYGROUND IN COOLANEY:

Cllr M. Gormley asked that the Council provide matching funds for the development of a playground in Coolaney.

In reply, Mr D Breen A/DOS said the Council has been in discussion with the Coolaney Playground group over the last year. The playground has been integrated into local plans for the development of a community park and it is considered that the facilities are needed given the growth of Coolaney and the lack of such facilities in the village.

The total estimated cost of the playground is €170,000 including the cost of the site. The local community has contributed €35,000 to the project and funding of €67,500 has been provided under Peace II. This leaves a shortfall of €67,500. Provisions were made in the budget for a contribution of €67,000 to the project and the consent of the council is sought to the making of this contribution.

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

AND AGREED

"That Sligo County Council approve the making of a contribution of €67,500 to the playground in Coolaney, this contribution to be financed from the proceeds of the financial contribution scheme".

19. ROAD AT STRANDHILL SCHOOL:

Cllr D. Healy McGowan asked when the corner on the approaching road to Strandhill School is to be completed.

In response, Mr T. Carroll Senior Engineer said that the works had been substantially completed in the past number of days and the reason for the delay was the necessity of removing the public utility pole.

21. TRAFFIC CONGESTION AT STRANDHILL BEACH FRONT:

Cllr D Healy McGowan asked the Council what provisions it intends to put in place at Strandhill beachfront area in relation to traffic congestion and the health and safety of the general public over the coming busy summer period.

In reply, Mr T. Carroll Senior Engineer said that the recent construction of bollards at the entrance to the car park at the sea front has helped relieve congestion. However, the matter of regulating parking is a matter of enforcement.

Cllr D Healy McGowan also asked when would the Beach Wardens be appointed as there were a number of people entering the water at present. In reply, Mr P. Forkan DOS said that Beach Wardens had been recruited and would be in place in the next few weeks.

22. STAFF IN SLIGO/STRANDHILL ENGINEERING AREA:

Cllr T. McLoughlin asked the County Manager to ensure that sufficient staff are employed by Sligo County Council in the Sligo/Strandhill Engineering Area to deliver the busy roads programme in the current year.

In reply, Mr T. Carroll Senior Engineer said that 4 staff have been recruited to replace retirees and they will commence employment shortly.

23. AND 24. PRIVATE RESIDENTAL TENANCIES BOARD:

Cllr D. Bree asked the County Manger to indicate:

The funding the Council has received from the Private Residential Tenancies Board to date.
If the said funding is being ring-fenced to provide finance to cover the cost of carrying out inspections of rented dwellings for suitability.
How many inspections have been carried out since the Council began to receive this funding.

In reply, Ms D. Clarke DOS said that the responsibility for the registration of private residential tenancies transferred from local authorities to the Private Residential Tenancies Board towards the end of 2004 in accordance with the Residential Tenancies Act, 2004. However, local authorities continue to be responsible for the enforcement of the Housing (Rent Books) Regulations, 1993, and the Housing (Standards for Rented Houses) Regulations, 1993.

The current position in relation to this matter in Sligo County Council is as follows:

€6,160 was received from the PRTB on 15 November 2005 in respect of the year 2005 and no indication has been received from the Board to date as to how much the allocation is likely to be for 2006.
In the past, due to lack to funding in this area, the Council only carried out inspections on private rented dwellings on the receipt of a complaint. It is proposed that a system would be introduced to ensure that a more proactive role is adopted in this regard. However, as the funding available is not substantial, it is envisaged that reacting to complaints and carrying out "spot checks" on a number of the registered properties will be the extent of the Council’s ability in this regard. Spot checks are to be carried out during 2006.
Only one complaint was received by the Council in relation to standards for rented houses since the PRTB took responsibility for registering private rented tenancies and no complaint has been received since the receipt of the allocation referred to above.

25. TAKEOVER OF SLIGO HARBOUR:

Cllr V. Cawley asked the County Manager what is the up to date position regarding the takeover of Sligo Harbour by Sligo County Council and what contact has been made with the Department regarding a takeover date.

In reply, Mr D Breen A/DOS said the Council have submitted a report regarding the proposed takeover of Sligo Harbour to the Department of Transport and the Department of the Environment, Heritage and Local Government. It is expected that the Council will assume responsibility for the harbour in the near future.

26. FOOTPATHS AT STELLA MARIS, BALLISODARE:

Cllr J. McGarry asked Sligo County Council to indicate what funding is available in 2006 to provide new footpaths and improve the road surface in Stella Maris, Ballisodare, Co. Sligo.

In reply, Mr T. Carroll Senior Engineer said that repairs will be undertaken as required to road infrastructure and footpaths in Stella Maris, Ballisodare in the near future.

27. COASTAL EROSION FUNDING FOR PULLAHEENEY:

Cllr J. Queenan asked the Director of Services to explain why Pullaheeney is not a priority for coastal erosion funding and why the report which cost €50,000 in 2002 to compile never saw the light of day.

In reply, Mr G. Salter, Senior Executive Engineer said that Sligo County Council have repeatedly made submissions to the Dept of Communications, Marine and Natural Resources with a list of priority coastal protection projects. The Council is obliged to prioritise need and projects as necessary and reviews these needs annually for the entire county.

A Study was carried out at Pullaheeney by Consultants Kirk McClure Morton who are specialists in coastal processes and coastal engineering in 2002. The study identified the coastal processes and possible wave climate within the bay and produced recommendations compatible to the coastal behaviour and environment.

The overall cost of the Study was € 38,000.

Five recommendations were included in the report in no specific order.

Maintaining the River outlet - as necessary.
It is non viable to clear coast road buried by cobble so abandon it.
Extend coastal defence work at Pollnatorn, i.e. extend protection of coast road in that area.
Repair Slipway
Replace access bridge to Harbour/Slipway.

Sligo County Council have addressed all of the recommendations.

The river outlet has been recently cleared and this may be repeated periodically, as necessary.
Whilst the report recommended abandoning a section of buried coast road, a survey was carried out but the results confirmed that a large volume of storm cobble would have to be removed to reopen the road with no guarantee of lasting success without very expensive coastal defensive measures, which could not be justified.
The Council have consistently included for the extension of the coast road protection at Pollnatorn in submissions to the Dept. CMNR.
To date the condition of this slipway has not warranted this structure being placed on the top six priority list. However mooring rings have been installed along both sides of the jetty since 2002.
Sligo Co Co have for two years applied for funding from the DoEHLG for a grant to replace the bridge across the Leaffoney River at the Harbour, but have not been successful. This project is regarded as having a high priority. The Council have liaised with local fishermen at Pullaheeney and the Commissioners of Irish Lights and have erected proper navigation aids to assist seafarers.

Sligo County Council’s top priority is Dunmoran/Ardnaglass River outfall followed by new works at Enniscrone Bellawaddy River retaining wall and beach access at the Lifeguard/pumping station area. This is followed by protection works for the Strandhill effluent treatment and the imminent extension of the plant.

The Council is monitoring the situation at Pullaheeney Harbour and has recently carried out emergency river outfall clearance work and will do so periodically, if necessary.

Small grants were received last year from the DCMNR under the coastal protection heading; they were Rathlee Coast Protection Scheme and Mullaghmore Dune Management, phase two, neither of which were of high priority.

29. DEVELOPMENT OF COUNCIL LANDS AT EASKEY:

Cllr J. Queenan asked for an update report on the proposal to develop a hostel or camping site on Council grounds at Easkey.

In reply, Mr D. Breen A/DOS said that a number of meetings have taken place with the local community regarding the future use of the lands.

In this regard and in consultation with the County Enterprise Board, a person was appointed to conduct consultation locally with all interested parties. There are no further plans finalised and consultations are ongoing. It is proposed to hold a meeting in the next few weeks in order to progress this project.

30. PROBLEM HEDGES AND TREES:

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

AND AGREED

"That Sligo County Council call on the Minister for the Environment, Heritage and Local Government to bring forward legislation to ensure that neighbours cut problem hedges and trees back to no more that 10ft in height".

32. TERMS OF REFERENCE OF AN BORD PLEANALA:

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

AND AGREED

"To ask the Minister for the Environment, Heritage and Local Government to review terms of reference of An Bord Pleanála in the light of some recent decisions".

33. TRAFFIC MANAGEMENT PLAN FOR COLLOONEY:

Cllr G. Mullaney asked that Sligo County Council put in place a traffic management plan for Collooney village to alleviate congestion on Main Street.

In reply, Mr T. Carroll, Senior Engineer said that a traffic management plan for Collooney will be undertaken in the current year. The consideration of the application of parking bye-laws will be considered as part of this process.

34. TRAFFIC CALMING MEASURES IN BALLYGAWLEY VILLAGE:

Cllr G. Mullaney asked Sligo County Council to provide traffic calming measures in Ballygawley village on Road No R284.

In reply, Mr T. Carroll, Senior Engineer said that draft speed limits for Co. Sligo includes for the introduction of a 60kph speed limit in Ballygawley village and its environs. Public consultation in relation to these proposals will commence shortly.

36. PLANNING CASE PL06/69:

Cllr D. Bree proposed that an independent investigation be carried out into the decision relating to PL 06/69.

Cllr Bree made a number of comments on the processing of the application and was critical of the decision. The County Manager stated that Cllr Bree’s statement amounted to a personalised attack on a member of staff and was unacceptable. He added that the Council had every right to comment on any decisions made but the comments must be restricted to the decision and comments of a personal nature were unacceptable and not in accordance with natural justice or fair procedures. He added that comments such as this amounted to a form of bullying and harassment which was unacceptable under the Council’s ‘Dignity at Work’ policy which had been adopted under Health and Safety Legislation.

The County Manager stated that he would have no option but to remove the staff from the Chamber if Cllr Bree continued his personal attack on any staff member or if any such conduct occurred at any time in the future. The Cathaoirleach asked the Councillor to resume his seat and to refrain from making any such comments. Cllr Bree made further comments in relation to this decision made by a member of staff. The County Manager indicated at this point that he was withdrawing all staff from the meeting in view of the continued harassment.

Following the withdrawal of the officials by the County Manager it was:-

Proposed by Cllr M. Fleming
Seconded by Cllr S. Kilgannon

AND AGREED

"That the remaining items on the Agenda be deferred until the next Ordinary meeting of the Council".

ADDITIONAL ITEMS CIRCULATED AT THE MEETING:

Acknowledgement dated 27 April 2006 from Department of Communications, Marine and Natural Resources re: Spreading of Zebra Mussels
Reply dated 27 April 06 from Department of Social and Family Affairs re: Back to Education Scheme
Reply dated 2 May 06 from Bus Eireann re: Bus Service to Sligo Airport - Reply dated 3 May 06 from Department of the Environment, Heritage and Local Government re: upgrading of Regional Road No. 308
Reply dated 4 May 06 from Department of Health re: Deputation to discuss radiotherapy services in Sligo

END OF MEETING:

The meeting ended at 6.10pm

Meeting Date 08/05/2006