Minutes 2009

Minutes of March Ordinary Meeting of Sligo County Council held on 2nd March, 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 Mullaney,
• Councillor Murray,
• Councillor Queenan,
• Councillor Sherlock

OFFICIALS IN ATTENDANCE:

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

CATHAOIRLEACH: 

• The Cathaoirleach, Councillor J. Devins presided.

1. MINUTES OF THE ADJOURNED FEBRUARY ORDINARY MEETING HELD ON 9TH FEBRUARY, 2009:

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

AND AGREED

“To confirm the minutes of the Adjourned February Ordinary Meeting of the Council held on the 9th February, 2009”.

2. MINUTES OF THE FEBRUARY ORDINARY MEETING HELD ON 2ND FEBRUARY, 2009:

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

AND AGREED

“To confirm the minutes of the February Ordinary Meeting of the Council held on the 2nd February, 2009”

3. MINUTES OF THE SLIGO/DRUMCLIFFFE AREA MEETING HELD ON 24TH NOVEMBER, 2008:

Proposed by Councillor P. Barry
Seconded by Councillor I. Fox

AND AGREED

“To confirm the minutes of the Sligo/Drumcliffe Area Meeting held on the 24th November, 2008”

4. MINUTES OF THE BALLYMOTE AREA MEETING HELD ON 20TH NOVEMBER, 2008:

Proposed by Councillor G. Mullaney
Seconded by Councillor G. Murray

AND AGREED

“To confirm the minutes of the Ballymote Area Meeting held on the 20th November, 2008”

5. MINUTES OF THE DROMORE WEST AREA MEETING HELD ON 10TH NOVEMBER, 2008:

Proposed by Councillor G. Mullaney
Seconded by Councillor G. Murray

AND AGREED

“To confirm the minutes of the Ballymote Area Meeting held on the 20th November, 2008”

6. MINUTES OF THE SPC4 MEETING HELD ON 23RD OCTOBER, 2008:

Proposed by Councillor I. Henry
Seconded by Councillor J. Queenan

AND AGREED

“To confirm the minutes of the SPC4 Meeting – Housing Policy/Social and Cultural Development held on the 23rd October, 2008”

7. PART 8 OF THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) REGULATIONS, 2001 (AS AMENDED), THE PROPOSED CONSTRUCTION OF DWELLING HOUSES AT CARROWKEEL, BELTRA and RATHGOONANE, DROMORE WEST, CO. SLIGO: 

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

AND AGREED

“That Sligo County Council in accordance with Part 8 (Article 81) of the Local Government (Planning and Development) Regulations, 2001 (as amended by the Planning and Development Regulations 2006) proceed with the:

Demolition of existing derelict dwelling, construction of dwelling house, P.E.T. system, raised percolation area, provision of new site entrance from public road and all associated site development works at Carrowkeel, Beltra, Co. Sligo
Construction of dwelling house, P.E.T. system, raised percolation area, provision of new site entrance from public road and all associated site development works at Rathgoonane, Dromore West, Co. Sligo”

8. PART 8 -  THE PROPOSED CONSTRUCTION OF NEW STORM WASTE WATER PUMPING STATION IN TOWNLANDS OF CARROWGUBBADAGH AND DRUMISKIBBOLE, CO. SLIGO: 

Proposed by Councillor A. Higgins,
Seconded by Councillor T. McLoughlin,

AND AGREED

“To approve in accordance with Part 8 of the Local Government (Planning and Development) Regulations, 2001, the proposed construction of a Waste Water Pumping Station in the townlands of Carrowgubbadagh and Drumiskibbole, Co. Sligo”

9. TEMPORARY OVERDRAFT OF €10M TO 30TH JUNE, 2009:

Proposed by Councillor J. Queenan
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, Heritage and Local Government, Sligo County Council hereby authorises the borrowing of a sum not exceeding €10m by way of temporary overdraft for the period to 30th June, 2009”

10. TRAVELLER ACCOMODATION PROGRAMME 2009-2013:

The item was deferred with the agreement of the meeting.

11. HOUSING ADAPTATION GRANT SCHEME:

Ms. D. Clarke, Director of Services outlined the proposed review of the Housing Adaptation Grant Scheme as follows:

In November 2008 proposals to allow for the prioritisation of the Housing Adaptation Grants was introduced.  The proposals included:

• Reducing The Timeline for Completion of Works from 12 months to six months for all grant types.
• Setting aside 25% of the total Housing Adaptation Grants Budget to cover such works as identified under the Mobility Aids Housing Grant Scheme.
• To request applicants who are applying for aid under the Housing Adaptation Grant for Older People and People with a Disability, to submit a report from their General Practitioner or Occupational Therapist outlining the need for the application to be given priority.

The effectiveness of the 1st and 2nd measure will become apparent when:

• the grant allocation for 2009 is confirmed and the actual funding for the Mobility Aids Grants can be ring fenced.
• the six month period given to applicants to complete necessary works expires. The time reduction will allow for a greater turnover of applications and free up funding that may otherwise have to remain committed for a longer time frame.

The benefit of the third measure currently allows applications submitted with supporting documentation from a GP or OT to be prioritized immediately.  However, while the above recommendations have allowed for a greater turnover of grant applications, other measures are necessary to provide for a greater distribution of the grants allocation among applicants.

At present there are 141 Housing Adaptation Grants on hand not yet processed. The breakdown is as follows:

• Housing Adaptation Grant for people with a Disability  22
• Mobility Aids Grants  21
• Housing Aid for Older People Grants   98

The number of Mobility Aid Grants and Housing Adaptation Grant for people with a disability is quite small and therefore all of these applications will be approved during the year.  However, the largest number of grant applications received each month are the Housing Aid for Older People and if funding is limited to the same degree as it was in 2008, it is unlikely that all of these grant applications currently on hand will be approved this year.  To address the situation, the following recommendations are being put forward for consideration:

1. Prioritise works into 2 categories:
   Works that are essential in order to rectify defects or deficiencies which may have a detrimental effect on the health and/or safety of the applicant;

   • Structural Repairs or Improvements
   • Re-wiring
   • Drylining
   • Radon-remediation

   
   
   Works that will only be considered in urgent, extreme and exceptional cases;

   • Provision of water and sanitary services
   • Repairs to/replacement of windows and doors
   • Provision of Central Heating
   • Contract-cleaning
   • Painting

   Other repair or improvement works which are considered reasonably necessary
2. Review the cost of carrying out the works allowable under the scheme.  As the cost of carrying out works of this nature has fallen in recent months, consideration should be given to reviewing associated costs.

While the measure of prioritizing works may affect some applicants adversely as all the works applied for will not be funded, it will mean that a greater number of applicants will receive funding to carry out essential works to their homes.

Members queries were answered in relation to the proposed review of the scheme.  The County Manager indicated that the allocation had not yet been received from the Department for this scheme and that with the current National difficulty in the public finances, the Department of the Environment were reluctant to sanction any loans/borrowings.

Following further discussion it was then,

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

AND AGREED

“That the proposals contained in the review of the Housing Adaptation Grant Scheme as outlined in the report presented to this meeting be agreed”

Councillor M. Gormley asked to be recorded as dissenting.

12. SOCIAL HOUSING INVESTMENT PROGRAMME 2009:

 It was agreed that items 12 and 28 be taken together.

Ms. M. McConnell, SEO outlined the Department of the Environment Circular N3/09 in relation to the Social Housing Investment Programme New Leasing Arrangements and the Provisional Allocation under Social Housing Investment Programme, 2009 as follows:

The Department of the Environment, Heritage and Local Government (DOEHLG) have notified Sligo County Council of the provisional budget for the Social Housing Investment Programme (SHIP) for 2009:

Main Programme   €9,000,000
Voluntary Housing   €4,500,000
Rental Accommodation Scheme   €605,000

The DOEHLG have advised that the figures are to be used as the basis of the operational programme for 2009, however, verbal indications since the issue of the provisional budget are that the above figures may be cut by up to 10%.  Final allocations are to be advised in April.

I attach herewith for your information copy of letter to Director of Service/Town Clerk dated 8th Jan 09 which sets out the provisional allocations making reference to the changes underlying SHIP and Circular N 3/09 dated 6th Feb 09 which sets out the new leasing arrangements which are intended to provide local authorities with a new delivery mechanism for the provision of social housing.

In preparing operational programmes for 2009 authorities’ are asked to take account of the volume of vacant properties in their areas that might be suitable for social housing.  In putting forward proposals for new construction of social or affordable projects authorities will be asked to confirm that they have considered the option of purchasing available vacant or unfinished units.  Approvals will only be forthcoming if an assessment of the availability of suitable accommodation on the market to either lease or purchase is provided.

A process of testing the market to establish if there is an available supply of suitable dwellings for leasing has commenced which will be followed by an invitation by public notice to interested parties to submit proposals for consideration for the sale of vacant or unfinished units to the local authority.

Members queries in relation to this Scheme were answered by Ms. McConnell.  It was agreed that a report be provided to the Members on all queries.  Following further discussions, it was then

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

AND AGREED

“To note the Department Circular and Report on Social Housing Investment Programme, 2009”

Proposed by Councillor P. McGrath,
Seconded by Councillor V. Cawley,

AND AGREED

“that this Council call on the Government to explore the possibility of purchasing the large volume of unoccupied houses at a reduced rate for the purpose of accommodating people in need of Social Housing”

28.   SOCIAL HOUSING INVESTMENT PROGRAMME 2009:

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

AND AGREED

“To request the Director of Services for Housing to lobby the Department of Environment to have an option to purchase either by the local authority or the tenant included in the scheme after  two years”

Councillors Bree, Cawley and MacManus asked to be recorded as dissenting.

Proposed by Councillor S. MacManus,
Seconded by Councillor J. Leonard,

AND AGREED

“That Sligo County Council be provided with a clear assessment of all aspects of the leasing proposals as mooted in the Social Housing Investment Programme, 2009, i.e. options to purchase, maintenance, value to Council, etc, this report to be available for the May, 09 meeting”

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

AND AGREED

“That the March Meeting of Sligo County Council be given a report on what plans this Council have to implement measures under the new Social Housing Investment Programme announced by Mr Michael Finneran, Minister for Housing and Urban Renewal”

13. COMMUNITY HERITAGE GRANTS SCHEME 2009:

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

AND AGREED

“To approve the Community Heritage Grants Scheme, 2009”

14. RISK ASSESSMENT ON FINISKLIN LANDFILL:

 Proposed by Councillor J. Leonard,
Seconded by Councillor P. Barry,

AND AGREED

“to expend an amount of €39,967 plus VAT to carry out a Risk Assessment for the Finisklin Landfill”

15. (IFA) IRISH FARMERS ASSOCATION PRESENTATION:

Mr Billy Somerville and Mr Michael Silke of the IFA gave a presentation to the Council on behalf of the Irish Farmers Association.

16. THIRD LEVEL EDUCATION REPRESENTATION AND VOTING RIGHS IN SEANAD ÉIREANN:

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

AND AGREED

“To call on the Minister for the Environment to revise the Third Level Education Representation and Voting Rights in Seanad Éireann”

19   CONSTRUCT A BRIDGE ON THE INNER RELIEF ROAD:

Proposed by Councillor S. Kilgannon
Seconded by Councillor D. Healy McGowan

AND AGREED

“To request Sligo Local Authorities to make an application to the National Roads Authority to construct a Pedestrian Bridge on the Inner Relief Road at the Junction with John Street and Churchill.  A pedestrian bridge is necessary to enable easier access across the road.

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

The junction of the Inner Relief Road at Church Hill and John Street and the nearby junction of John Street/Adelaide Street/Temple Street currently incorporate signal controlled pedestrian crossing facilities to modern and safe standards and include facilities for vulnerable users.  The Inner Relief Road also incorporates wide footpaths for pedestrians although footpaths at the adjoining streets of John Street, Adelaide Street and Temple Street are relatively narrow at some locations. Modern signal controlled pedestrian crossings at road level which include facilities for vulnerable users is the standard way in urban areas such as this of providing crossing facilities for pedestrians. 

A pedestrian bridge can be considered for the area.  However to be effective such a structure would have to be suitably designed and adequate space would have to be available to construct it.  It would have to follow suitable pedestrian desire lines with no significant gradients to climb and where personal security is not perceived as a risk.  Considering the relatively narrow widths of surrounding streets especially John Street it could prove very difficult to construct and fit a suitable pedestrian bridge at this location.  However this suggestion will be kept under review in future planning for the area and an application can be made to the NRA to consider such a structure.  The Roads Section of the Borough Council would be very willing to meet any road users to consider this suggestion and any other suggestions to improve facilities for pedestrians and other road users at this location.

20. DEVELOPMENT LEVIES:

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

“Recognising the fact that of the total €13,468,000 collected in Development Levies in the period April 2004 to October 2008, that the Sligo/Drumcliffe area has received  €6,720,000; that the Tubbercurry area has received €1,000,000; that the Ballymote area has received  €1,344,000;  that the Dromore West area has received €2,561,000.and that the Sligo/Strandhill area has only received the sum of €261,000; this Council hereby resolves that the development of a multi-sports surface at Strandhill Community Park be a priority in terms of the distribution of funding from the Development Contribution Scheme in 2009 and that a sum of €60,000 be allocated from the Scheme in 2009 towards the cost of the multi-sports surface.” 

In response, Ms. Rita McNulty Director of Services stated the following:

The breakdown of the Development Levies between the different electoral areas as outlined in this Notice of Motion indicates a higher allocation for some areas above others.  This is due partly to the way in which the levies are attributed to the different electoral areas.  County-wide schemes and initiatives are attributed to a specific electoral area despite the fact that the benefit accrues across a number of different electoral areas or indeed many accrue to the whole county.  For example, the Development Levies allocated to the Sligo Main Drainage Scheme is reflected in the Sligo/Drumcliffe electoral area and this Drainage Scheme also benefits the Sligo/Strandhill area.  The Development Levies allocated to the County Museum is also reflected or accounted for in the Sligo/Drumcliffe area despite the fact that the entire county benefits from the museum.

With regard to the proposal to prioritise Strandhill Community Park for funding from the 2009 Development Contribution Scheme for Community, Sports, Recreation, Tourism and Cultural Facilities, it should be noted that the Members adopted a scheme in 2008 which confirmed that this is a small fund which provides top-up funding for Community, Sports, Recreation, Tourism and Cultural Facilities.  Eleven projects were approved by members under this scheme in 2008 and 5 projects were deferred including Strandhill.  It is proposed therefore to bring forward recommendations to the Members at the April/May meeting on the 5 deferred projects including Strandhill Community Park.  Projects will be funded as Development Levies come in under this scheme.  The Community and Enterprise Department will continue to work with Strandhill Community Park, the Development Association and all relevant groups in order to move this project forward.

21. FARM WASTE MANAGEMENT GRANTS:

It was agreed that Items 21, 23 and 25 be taken together.

Proposed by Councillor M. Gormley,
Seconded by Councillor G. Mullaney,

AND AGREED

“That this Council calls on the Minister for Agriculture to reverse his decision to pay the Farm Waste Management grants on a phased basis due to the hardship it will cause farm families and calls on him to honour his commitment that grants would be paid in full once the work was complete”

23.   FARM WASTE MANAGEMENT GRANTS:

Proposed by Councillor M. Barrett,
Seconded by Councillor G. Mullaney,

AND AGREED

“That this Council express our concern and disappointment with the Minister for Agriculture, Mr Brendan Smith on his failure to honour his commitment to farmers due money under the Farm Waste Management Scheme”

25.   FARM WASTE MANAGEMENT GRANTS:

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

AND AGREED

“That this Council condemns the Government on deferring the payment of grants to farmers

17. INCLUDE GORTERSLIN, RATHSCANLON, QUARRYFIELD, GORTYGARA IN ROADS PROGRAMME 2009:

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

“To request that section of road R294 be prioritised for Improvements in the 2009 Roads Programme at Gorterslin, Rathscanlon, Quarryfield, Gortygara – Drainage and Re-surfacing to be included”

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

The multi-annual road restoration programme 2008 – 2010 submitted to Department of Transport for funding by Sligo County Council includes for improvement works to be undertaken in 2009 at following locations:

Improvement works have also been included in programme year 2010 for works at the following locations:

Approval has been received from the Department of Transport for undertaking of full 2009 programme. Other works can be considered when being drafted at local area meeting when the draft roadworks scheme is being prepared.

18. HONOUR REPS 4 PAYMENTS TO FARMERS:

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

AND AGREED

“To request the Minister for Agriculture to honour payments to Farmers for REPS 4 Scheme as a matter of urgency”

22.   WELCOMES ENERGY SAVING SOLUTIONS FOR HOUSING:

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

AND AGREED

“Sligo County Council welcomes the Governments’ decision on Energy Saving Solutions for Housing and Job Growth, this proposal to decrease the live register, boost economy, improve housing energy efficiency and reduce household heating bills”

24. MOUNTAIN VIEW ESTATE, TUBBERCURRY:

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

“Requesting Sligo Co. Council to carry out the following in Mountain View Estate, Tubbercurry;

1. Provision of Ramps
2. The provision of 1.No public light between houses 37 and 40.
3. That the storm water pipes be scoured out on a regular basis”

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

The improvements described in motion will be considered in the context of 2009 Roadworks Scheme when being drafted at local area meeting.

26.   CANCER SERVICES IN SLIGO GENERAL HOSPITAL:

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

AND AGREED

“If the Cancer Services are removed from Sligo General Hospital, that this Council calls on Professor Tom Keane and Professor Brendan Drumm to resign”

27. HSE HOME HELP SERVICES:

Proposed by Councillor I. Fox,
Seconded by Councillor G. Mullaney,

AND AGREED

“That Sligo County Council deplores the cutbacks in the Home Help Service introduced by the HSE and to ask this Council to call on the Government and Minister for Health to provide additional funding to the HSE immediately.”

29.   CLOCH OIR ESTATE, CARNEY, CO SLIGO:

Proposed by Councillor J. Devins,
Seconded by Councillor D. Bree,

“That Sligo County Council take in charge Cloch Oir Estate”

In response, Mr J. Murphy, SEO stated the following:

This development consisting of 20 houses in Carney village, permitted under PL 00/115 and 01/382 is practically completed.

The Council has been in contact with the developer and has been advised that he is in the process of completing the taking in charge forms and as constructed drawings.  The Council has also been advised that the developer proposes to submit an application to have the estate taken in charge over the next number of weeks.  The Council will keep this matter under review to ensure that the application is submitted.  

The Council will initiate the process of taking the development in charge when it is satisfied that the development has been completed to a satisfactory standard. 

43. EASTERN LINK ROAD:

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

“To ask the Director of Services for Infrastructure for a detailed report on the progress made, if any, in relation to the Eastern Link Road and a time scale for start of this project”

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

The preliminary design for the Eastern Garavogue Bridge and Approach Roads Scheme was carried out during 2006 and 2007.  The Environmental Impact Statement and Compulsory Purchase Order for the scheme were published and submitted to An Bord Pleanala in January 2008.  Oral hearings for the scheme were held by An Bord Pleanala in June and December 2008.  It is expected that An Bord will issue its decision in the near future.

The Department of Transport has to date funded the preliminary design.  It is intended to apply for further funding to the Department of Transport (and National Roads Authority as appropriate) for the detailed design and construction stages of the scheme.  An application has also been made for funding under the Gateway Innovation Fund.  However the implementation of this fund is currently suspended.  Subject to An Bord Pleanala approval of the EIS and CPO and the availability of funding, the scheme could be ready for construction towards the end of 2010.

The Eastern Garvoge Bridge is a critical project in the regeneration of the east ward of Sligo City including the Cranmore / Cleveragh areas and will facilitate the commercial, business, residential and recreational development of the eastern fringe of Sligo City.  It will link communities and facilities north and south of the river and greatly improve access to Sligo General Hospital and educational centres such as Sligo IT and Ballinode College.  It will enhance and improve cycle and pedestrian links both in an east/west and north/south direction and will reduce traffic delays and congestion. 

The current Sligo and Environs Development Plan 2004 to 2010 included a number of objectives in relation to the provision of the Eastern Garvoge Bridge and Approach Roads in particular Objectives T1.3 and T2.7.   It should be noted that the Proposed Draft Sligo and Environs Development Plan 2010 to 2016 continued to include these objectives.  However Sligo Borough Council has by resolution on December 22rd 2008 voted that the T1.3 and T2.7 be deleted from the proposed Sligo and Environs Development Plan (SEDP) 2010-2016.  The Draft Sligo and Environs Development Plan 2010 to 2016 has therefore been published and is on display for public consultation without these particular objectives.

30.   DEVELOPMENT LEVIES:

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

“To ask the County Manager what steps are being taken to collect the €2 million in development levies owed to the Council in respect of housing and commercial developments."

In response, Mr J. Murphy, SEO stated the following:

This motion is in response to a report, which was circulated to the Members at the February meeting, outlining the position with regard to development contributions owed to the Council as at 31st December 2008. Sums totalling €2,184,950.29 are owed by 91 developers. This number, when put in context, represents approximately 5% of all developments carried out.

There are procedures in place to systematically deal with defaulters’ i.e. the issuing of bills, reminders, Warning Letters, Enforcement Notices and legal proceedings. Precise details in this regard, were set out in my report. The Council are at the final stages of the process in relation to the vast majority of the defaulters.

The current economic climate and the dramatic downturn in the housing market have affected both the collection of development contributions and the amounts paid to the Council during 2008. Notwithstanding the above, the arrears figure has been reduced by €22,444.36 during 2008. This however somewhat masks the actual position where the arrears figure has increased each month since August 2008. This trend appears set to continue throughout 2009.

The reason for the increase, in the main, relates to developers who have been unable to keep the phasing agreements which they have entered into with the Council. These agreements, which the Council can facilitate, allow developers to pay the development contributions in a number of phases over the period of construction. The arrears owed in respect of such phasing agreements, which relate to 18 Number housing developments, 8 Number commercial developments, 3 Number mixed developments and 4 Number others amounted to €2,022,461.90 as at 31st December 2008.

These phasing agreements were entered into at a time when the economic climate was favourable and would have covered the period to carry out the development as envisaged by the developer. Many of the agreements no longer reflect the current position, where developments have not kept pace with the phasing agreements, where there is no current market for the sale of houses and where construction works have ceased in most developments in the county.

In direct response to Councillor Bree’s Notice of Motion, this department proposes to continue to implement the procedures, referred to earlier, against as many of defaulters as it can. I have estimated the sum owed by such defaulters to be in the order of €400,000.

There is a difficulty however in relation to how the Council now proceeds to deal with developers of those housing and commercial developments, where phasing arrangements have not been adhered to. I have estimated the sum owed by this sector to be in order of 1.78 million.

This is a difficult issue not alone for Sligo County Council but for all other Local Authorities. Options available to the Council include: -

1. Implement existing procedures up to and including the service of an Enforcement Notice and thereafter institute legal proceedings in the District Court where there is failure to comply with the Enforcement Notice . Based on existing experience, a small fine for the developer is the likely outcome of any such legal proceedings with no development contributions recovered.
2. Institute legal proceedings in the High Court to recover the outstanding sum as a simple contract debt – expensive option, will take time and resources. This option in the current climate could be very risky and the outcome would be unclear.
3. Reschedule the phasing payments to reflect the existing situation that pertains to each development. The difficulty in taking this approach is that any of these developers have indicated to the Council that they are experiencing serious financial difficulties, and that they are not in a position to reschedule the phasing payments, as banks are not prepared to give them funding for development contributions, in advance, as heretofore. They have further indicated that the only option available to them is to pay the development contributions on the sale of the house / commercial unit.
4. Accept for the present that developers of housing and commercial developments will only be able to pay their development contributions on the sale of each property, and keep the matter under continuous review.

Development Contributions are a very important source of funding for this Council.  I would therefore welcome any comments from the Members in relation to the approach the Council should take in dealing with this issue. Indeed there may be particular developers that Councillor Bree or indeed any of the Members may wish the Council to take action against. I would welcome details in relation to same.

Following discussion, it was

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

AND AGREED

“That the Council be provided with a quarterly report updating us on the level of monies collected from the development levies and the amount outstanding”

31.   RESPOND SOCIAL HOUSING SCHEME, STRANDHILL:

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

"Given the ongoing failure of the Respond Housing Association to proceed with its housing scheme in Strandhill, this Council requests the Department of the Environment and Respond, to make the necessary arrangements to allow Sligo County Council to proceed with a social housing development on the Strandhill site."

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

The previous delays with the commencement of the Respond Voluntary Scheme at Carrowbunaun, Strandhill has largely being as a result of a number of unforeseen circumstances and are not as a result of ‘failure of the Respond Housing Association’. From the initial grant of permission on 10/01/2002 (PL00/1186 refers), the following unforeseen circumstances have occurred:

1. Dispute over ownership of grass verge between adjacent public road and proposed access road into development.
2. Protracted negotiation with the board of Management of Strandhill National School regarding the proposed transfer of a portion of the development lands to accommodate the future expansion of the school and the subsequent redesign of the scheme layout necessitated as a result of the accommodation.  
3. The dismantling and re-building of a large retaining structure in danger of collapse on the south east boundary of the development lands.
4. Planning permission for the scheme lapsed in early 2007. The Department of the environment then required that the scheme be re-designed in accordance with the new design guidelines (N17/07).

The current status of the scheme is as follows:

1. The Department is satisfied with the scheme re-design.
2. The Board of Management of Strandhill National School are now requesting set down and a turning areas be provided at times of school pick up and drop down.
3. Sanitary Services and the Roads Department respectively have indicated that they will be requesting an upgrade to the existing main sewer pipe from the site entrance to the village connection and the widening of the golf club road with the provision of a new footpath, public lighting and cycle lane. An official application will be sent to the Department of the Environment for funding the Sanitary and Roads work required as they are considered to be separate to the funding for the proposed housing development. The external works is estimated to cost in the region of €120,000.
4. Extra lands are now required to facilitate the road widening. Sligo County is currently in negotiations with The Management of Strandhill Golf Club regarding the acquisition.

I recommend that all possible sources of funding for the extra road and sanitary works be examined and further negotiations with The Management of Strandhill Golf Club take place before any decision is made regarding the future of the scheme or those to be charged with it’s delivery.

32.   RURAL SOCIAL SCHEME AND COMMUNITY EMPLOYMENT SCHEMES

This item was deferred with the agreement of the meeting

33.   SPECIAL EDUCATION CUTBACKS

Proposed by Councillor M. Fleming,
Seconded by Councillor D. Bree,

AND AGREED

“To request the Minister of Education to reconsider his proposals relating to Special Education cutbacks in primary schools in the interests of children with special needs and particularly in ‘Deis’ schools.”

34.   UNDOCUMENTED IRISH IN AMERICA

This item was deferred with the agreement of the meeting.

35.   PROVIDE FOOTPATH IN VILLAGE OF CULFADDA:

This item was deferred with the agreement of the meeting.

36.   IMPROVE WATER SUPPLY IN GURTEEN VILLAGE:

This item was deferred with the agreement of the meeting.

37.   IMPROVEMENTS TO TOP ROAD, STRANDHILL:

Proposed by Councillor S. MacManus
Seconded by Councillor J. McGarry

“To ask what steps are intended to be undertaken by Sligo County Council to address the problems in relation to lack of footpaths and road markings on the Top Road Strandhill, adjacent to Kilbrone Drive/The Plains”

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

Improvements have been made to signage in this area and road markings will be installed when weather permits.

Other improvements can be considered in the context of 2009 Roadworks Programme when being drafted at local area meeting.

38.   DREDGING OF BREAKWATER AND PONTOON AREA OF MULLAGHMORE HARBOUR

Proposed by Councillor S. Kilgannon,
Seconded by Councillor J. Devins,

“To ask Sligo County Council what plans they have to carry out dredging and associated works at the breakwater and pontoon area of Mullaghmore Harbour in 2009.  The pontoon is a huge asset to Mullaghmore and to County Sligo.  The problem of shifting land at the breakwater and pontoon area needs to be rectified as soon as possible”

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

Under the Piers and Harbour Capital Programme 2009 a submission was made by the Marine Section of Sligo County Council to the Dept. of Agriculture Fisheries and Food for capital grant-aid towards the dredging of harbour entrance in Mullaghmore.

The estimated cost of dredging the harbour entrance is €95,000. To date no notification of grant-aid has been forthcoming from the Department.

39. WASTE WATER TREAMENT PLANTS IN BALLYGAWLEY, BALLINTOGHER, BALLINAFAD AND CASTLEBALDWIN

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

“To ask the Director of Services for a progress report on Waste Water Treatment Plants in Ballygawley, Ballintogher, Ballinafad and Castlebaldwin”

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

Ballygawley Sewerage Scheme:

The preliminary report for the scheme has been completed and will be submitted to the Department for approval. The next phase of the scheme involves land acquisition, planning procedures and preparation of tender documents. This work will be progressed pending approval of the preliminary report and subject to funding approval.

Ballintogher Sewerage Scheme: 

The upgrade of Ballintogher Wastewater Treatment Plant was proposed by a developer as part of a planning application for a housing development in the village. Sligo County Council is in consultation with the developer to agree details of the proposed upgrade and the scheme has been included for part funding under the 2009 Small Schemes element of the Rural Water Programme. It is anticipated that planning and design of the scheme will be advanced in the current year subject to approval of the necessary funding.

Ballinafad Sewerage Scheme:

The upgrade of Ballinafad Wastewater Treatment Plant is included in a bundled DBO Contract including Tubbercurry, Grange, Strandhill, Carney and Gurteen. The planning and procurement phases of the scheme have been completed and a preferred bidder has been selected. Sligo County Council is currently awaiting the granting of loan approval from the Department to meet the Councils contribution to the cost of this DBO contract. We are in regular contact with the Department on the matter of loan approval and this particular contract has been highlighted as a priority for this Council. Immediately on receipt of loan approval we will be in a position to sign the contract and proceed to the construction phase.

Castlebaldwin Sewerage Scheme: 

The upgrade of Castlebaldwin Wastewater Treatment Plant was proposed by a developer as part of planning application for a housing development in the village. Sligo County Council is in consultation with the developer to review the phasing of the scheme in the context of current development trends. It is anticipated that planning and land acquisition procedures will be progressed subject to the necessary agreements being put in place with the developer. 

40.   MAKING OF BYE-LAWS AT EASKEY CASTLE, BUNOWNA

This item was deferred with the agreement of the meeting.

41.   REDUCE SPEED LIMIT ON N59 IN CORBALLA

This item was deferred with the agreement of the meeting.

42.   UPGRADE STREET THROUGH DROMORE WEST

This item was deferred with the agreement of the meeting.

44.   LOUGH TALT WATER TREATMENT PLANT

This item was deferred with the agreement of the meeting.

45.   REQUEST GOVT. TO IMPROVE LOCAL EMPLOYEMENT EXCHANGES

This item was deferred with the agreement of the meeting.

46. PROVIDE PEDESTRIAN CROSSING IN BALLINTOGHER VILLAGE

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

“To ask the Director of Services for Infrastructure to provide a pedestrian crossing at an appropriate location in Ballintogher Village and also to provide adequate traffic calming measures  at each end of the village”

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

This proposal can be considered in the context of 2009 Roadworks Scheme when being discussed at local area meeting.

47. VOTES OF SYMPATHY:

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

AND AGREED

“That a vote of sympathy be extended to Hilda Finnegan on the death of her husband Denis.”

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

AND AGREED

“That a vote of sympathy be extended to Richard Bruton TD on the death of his father Joe.”

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

AND AGREED

“That a vote of sympathy be extended to John McMunn on the death of his uncle Joe.”

“That a vote of sympathy be extended to Sarah Cleasby on the death of her father Thomas.”

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

AND AGREED

“That a vote of sympathy be extended to Aine Mahon on the death of her husband John.”

“That a vote of sympathy be extended to John O’Hara on the death of his daughter Mary.”

“That a vote of sympathy be extended to Lesley Hayes on the death of her husband Brian.”

“That a vote of sympathy be extended to Frances Neary on the death of her husband John.”

“That a vote of sympathy be extended to Martin Gavaghan on the death of his Uncle Pat Joe.”

“That a vote of sympathy be extended to Brendan Cooke on the death of his uncle Paddy.”

“That a vote of sympathy be extended to Ann Meehan on the death of her brother Sean Kilduff.”

“That a vote of sympathy be extended to Evelyn McDonagh on the death of her mother Nancy Taheny.”

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

AND AGREED

“That a vote of sympathy be extended to Alicia Cassidy on the death of her brother John.”

48. VOTES OF CONGRATULATIONS

There were no votes of congratulations.

49. CONFERENCES

Proposed by Councillor M. Fleming,
Seconded by Councillor J. McGarry,

AND AGREED

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

50. CORRESPONDENCE

There was no correspondence circulated.

51. MATTERS ARISING FROM MINUTES

There were no matters arising.

52. ANY OTHER BUSINESS

Councillor J. McGarry asked the County Manager if he would provide the Council with an update on the ongoing dispute relating to Rights of Way at Lisadell and if the County Manager could confirm that two staff members were part of the Lisadell Action Group. 

In response, Mr H. Kearns, County Manager indicated that High Court Action had been initiated against the Council and because of this he was not willing to comment further on the matter.  He stated that he had no knowledge of who was on the Lisadell Action Group.

The meeting ended at 6.40 p.m.