Minutes 2009

Minutes of April Ordinary Meeting of Sligo County Council held on 6th April, 2009 in County Hall, Riverside, Sligo at 11am


MEMBERS PRESENT: 

  • Councillor Baker,
  • Councillor Barrett,
  • 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 T. Kilfeather, Director of Services
  • Ms M. McConnell, Acting Director of Services
  • Ms P. R. Gallagher, Acting Director of Services
  • Mr F. O’Driscoll, Acting Director of Services
  • Ms M. Leydon, Head of Finance
  • Mr T. Carroll, Senior Engineer
  • Mr D. Harrison, Acting Senior Engineer
  • Mr F. Moylan, Acting Senior Planner
  • Mr J. Murphy, Senior Executive Officer
  • Ms. M. Davidescu, Acting Senior Executive Planner
  • Mr M. Carty, Senior Executive Engineer
  • Mr S. Ward, Executive Planner
  • Mr D. Cawley, Executive Engineer
  • Mr M. Feeney, Administrative Officer
  • Ms. M. Blowick, Administrative Officer
  • Mr. E. Gilvarry, Traveller Liaison Officer
  • Ms. Rhona McGrath, Assistant Arts Officer
  • Ms. S. Leavy, Arts Development Worker
  • Ms F. Loughlin, Staff Officer
  • Ms M. McGovern, Clerical Officer
  • Mr F. Mac Nabb, Meetings Administrator

CATHAOIRLEACH:

  • The Cathaoirleach, Councillor J. Devins presided.

ADJOURNEMENT OF MEETING FOR 10 MINUTES:

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

AND AGREED

“That the meeting be adjourned for 10 minutes, as a mark of respect to Ms. D. Clarke, Director of Services on the death of her sister, Maura Costello.

The County Manager asked to be associated with the vote of sympathy and thanked the Councillors for all their expressions of sympathy.


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

Councillor D. Bree asked that an amendment be made to the Minutes of the Ordinary Meeting of 2nd March, 2009 regarding Item No. 20.  Councillor Bree asked that the allocation for Strandhill-Community Facilities under the Development Contribution Scheme should have read €80,000 and not €60,000.

Proposed by Councillor A. Higgins
Seconded by Councillor D. Bree

AND AGREED

“To confirm the minutes of the March Ordinary Meeting of the Council held on the 2nd March, 2009, as amended by the above”

2. MINUTES OF THE SPC1 MEETING HELD ON 4TH DECEMBER, 2008:

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

AND AGREED

“To confirm the minutes of the SPC 1 Meeting –Economic Development & Planning Policy held on the 4th December, 2008”


3. TAKING IN CHARGE OF MOUNTAIN PARK, COOLANEY, CO SLIGO:

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

AND AGREED

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

Councillor G. Lundy enquired about the taking in charge of “Teeling Grove” estate in Tubbercurry.  Mr J. Murphy, SEO indicated that this item would be brought before the Members for the May Meeting.  He 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 J. Lundy
Seconded by Councillor M. Gormley

AND AGREED

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


4. DECLARE ROADS PUBLIC:

Proposed by Councillor S. Kilgannon
Seconded by Councillor M. Baker

AND AGREED

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

Road NumberLocation and Terminal Points
L-76096 Road situate in the housing estate of "Castle Cove", Barrack Street in the townland of Collooney
L-71217-0 Roads situate in the housing estate of "Old Wood", Ballinphull, Cliffoney

Proposed by Councillor S. Kilgannon
Seconded by Councillor M. Baker

AND AGREED

“That Sligo County Council take in charge the following Housing Estates:

  • “Castle Cove”, Barrack Street in the townland of Collooney, Co. Sligo
  • “Old Wood” in the townland of Ballinphull, Cliffoney, Co. Sligo”


5. ARTS GRANTS AND BURSARIES PROGRAMME, 2009:

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

AND AGREED

“To approve Recommendations on the Arts Grants & Bursaries Programme, 2009”


6. REVISED ALLOCATIONS UNDER DEVELOPMENT CONTRIBUTION FUNDING:

 Proposed by Councillor V. Cawley
Seconded by Councillor T. McLoughlin

AND AGREED

“To approve the revised allocations under the Development Contribution Funding for Community, Sports, Recreational, Tourism and Cultural Facilities Scheme 2008”


26. RAISE A LOAN TO FUND COMMUNITY PROJECTS:

It was agreed that item No. 26 be taken at this time.

Proposed by Councillor G. Mullaney
Seconded by Councillor T. McLoughlin

 “To ask the Director of Services to raise a loan to provide funding for grants for Community Facilities for the 16 Projects outlined by the Director for Community and Enterprise and make repayments from Development Levies”

In response Mr F. O’Driscoll, A/Senior Engineer stated the following:

Sligo County Council would be required to raise a loan of €560,000 to support the 16 projects identified in the Community, Sports, Recreational, Tourism and Cultural Facilities Scheme 2008. This would result in a total loan repayment of €680,000 over 20 years AT €34,000 per year. This sum of €34,000 to be funded annually from development levies.


7. ROAD WORKS SCHEME, 2009:

 It was agreed that Items 7 and 13 be taken together.

A brief discussion took place of these items and Mr T. Kilfeather, Director of Services answered Members queries.  It was then,


13. TO NOTE DEPARTMENT CIRCULAR RLR 6/2009:

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

AND AGREED

“To approve the Road Works Scheme, 2009 subject to the inclusiveness of the minutes of the specially held roads meetings”

Mr T. Kilfeather, Director of Services brought to the Members attention Circular Letter RLR 6/2009 in relation to the Department of Transport Regional and Local Roads Investment Programme and outlined that Members should be aware that adjustments may need to be made in the current financial climate to the Roads Programme, 2009 as a result.

It was then,

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

“That this Council put an advertisement on the local papers and on the Western People that their will be major cut backs to roads funding affecting County and Regional Roads”

Following further discussion, it was agreed to defer this item to the next meeting.


8. TRAVELLER ACCOMMODATION PROGRAMME 2009-2013:

A brief discussion took place and Ms M. McConnell, A/Director of Services answered Members queries.  It was then,

Proposed by Councillor D. Bree
Seconded by Councillor A. Higgins

AND AGREED

“To adopt the Traveller Accommodation Programme 2009-2013 for Sligo County Council”


9. AUDIT REPORT FOR YEAR END 31ST DECEMBER, 2007:

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

AND AGREED

“To note the Statutory Audit Report on the Accounts of Sligo County Council for the year end 31st December, 2007”


10. ISSUING OF POLLING CARDS FOR THE 2009 LOCAL ELECTIONS:

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

AND AGREED

“To agree to the issuing of Polling Cards for the 2009 Local Elections under Section 27 of the Local Government Act 2001”

11. STATUTORY REVIEW OF THE SLIGO COUNTY DEVELOPMENT PLAN 2005-2011:

 Proposed by Councillor T. McLoughlin
Seconded by Councillor J. Leonard

AND AGREED

“To note the commencement of the Statutory Review of the Sligo County Development Plan 2005-2011”


12. PROGRESS REPORT ON THE SLIGO COUNTY DEVELOPMENT PLAN 2005-2011:

Proposed by Councillor T. McLoughlin
Seconded by Councillor J. Leonard

AND AGREED

“To note the Manager’s Progress Report on the Sligo County Development Plan 2005-2011”


14.  DEPARTMENT OF ENVIRONMENT LETTER CONCERNING MEASURES TO SUPPORT ECONOMIC ACTIVITY:

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

AND AGREED

“To note letter dated 19th March, 2009 from the Department of Environment, Heritage and Local Government regarding measures to support economic activity.


15.  RURAL WATER ALLOCATIONS 2009:

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

AND AGREED

“To note Rural Water Allocations 2009”


48.  CANCER PATIENTS AT SLIGO GENERAL  HOSPITAL:

It was agreed that Item No 48 be taken at this time.

Proposed by Councillor P. Conmy
Seconded by Councillor I. Henry

AND AGREED

“That this Council expresses its disappointment at Tánaiste Mary Coughlan’s recent remarks about cancer patients being treated at Sligo General Hospital and asks her to withdraw her remarks.”

A brief discussion took place on this item.  It was then

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

AND AGREED

“That Sligo County Council adopts a vote of congratulations to the staff of Sligo General Hospital who provide an excellent level of cancer care service to patients from this Region.  Despite recent remarks by An Tánaiste, Mary Coughlan, this Council recognises the excellence of cancer support and services provided by staff of Sligo General Hospital and publicly salute their endeavours”


16. AUDIT COMMITTEE CHARTER AND ANNUAL REPORT:

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

AND AGREED

“To approve the draft Audit Committee Charter and to note the draft Annual Report of the Audit Committee”


17. REQUEST MINISTER TO INCREASE THE RURAL SOCIAL SCHEMES AND COMMUNITY EMPLOYMENT SCHEMES:

It was agreed that items 17 and 53 be taken together.

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

AND AGREED

“The Rural Social Scheme and the Community Employment Schemes have enabled communities to carry out major improvements over the years. In the present economic climate I am proposing that the Minister responsible should increase these schemes rather than cutting them back.”


53. MEET WITH GOVERNMENT DEPARTMENTS RE UNEMPLOYMENT:

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

AND AGREED

“That Sligo County Council meets with the Departments of Enterprise, Trade & Employment and Social & Family Affairs and Environment to explore the role that local authorities can play in providing work for the unemployed. Specifically this meeting should discuss the possibility of Sligo County Council and all local authorities having an involvement with FÁS in the running of Community Employment Schemes.”


18. UNDOCUMENTED IRISH IN AMERICA:

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

AND AGREED

“I request Sligo County Council to call on the Department of Foreign Affairs to engage with the new OBAMA administration in America to address the legal status of the undocumented Irish in America”


19. PROVIDE FOOTPATH IN VILLAGE OF CULFADDA:

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

“To request the provision of a footpath in the village of Culfadda from the National School to the Church in the interest of road safety”

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

There is no provision in Draft Roadworks Scheme 2009 for the construction of footpaths in Culfadda.  However, road markings indicating a pathway for pedestrians has been delineated along the public roadway from the Church to School.


20.  IMPROVE WATER SUPPLY IN GURTEEN VILLAGE:

It was agreed that items 20 and 61 be taken together.

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

“To ask the Director of Services what response this Council has from Roscommon County Council to our request for a meeting with Officials regarding their proposals, if any, to improve the water supply to Gurteen and surrounding areas and I further ask when the deficient pipe work on this scheme will be replaced”

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

The following reply has been received from Mr. Kieran Madden, Senior Engineer, Water Services, Roscommon County Council;

‘The NRRWS which supplies into the South Sligo area is part of an overall regional scheme, The West Roscommon Regional Scheme which is included in the WSIP 2007-2009. Roscommon County Council (RCC) has employed McCarthy Hyder (McCH) as client’s reps on this scheme. The PR for this scheme was finalised at a meeting with McCH on Monday of this week. RCC will thus be in a position to forward this PR to the Department of the Environment, Heritage and Local Government for their approval by week ending 13/3/09. As you are aware it is not possible to give any timeframes beyond the submission of this PR. The PR does include for a retro fit of the existing treatment plant which will improve overall water quality. Should there be a significant delay in Dept. approval for the overall scheme RCC will enter discussions with the Dept. to see if there is any possibility of fast tracking this element of the work.’

In relation to the replacement of water mains in the Gurteen area, all pipelines were assessed and a prioritized schedule of mains rehabilitation works has been compiled and submitted to the Department as part of the Sligo Water Conservation and Network Management Project. These works will be progressed subject to the approval of the Mains Rehabilitation Report. 


61.  WATER SUPPLY TO GURTEEN VILLAGE:

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

“I will ask the Director of Services if he is satisfied that the water mains on the Boyle Road supplying Gurteen village is adequate as a section of new surface is due to be laid”

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

The water mains in the Gurteen area were assessed as part of the Sligo Water Conservation and Network Management Project and a prioritized schedule of mains rehabilitation works has been compiled and submitted to the Department for funding approval. This section of watermain along the R294, Gurteen to Boyle road has been included in the Mains Rehabilitation Report. The Council has been in contact with the Department in relation to the proposed roadworks at this location and these mains replacement works will be progressed subject to approval from the Department.


21.  MAKING OF BYE-LAWS AT EASKEY CASTLE, BUNOWNA:

Proposed by Councillor J. Queenan
Seconded by Councillor J. McGarry

“To call on Sligo County Council to commence the process of making a bye-law to stop overnight parking of cars/caravans at Easkey Castle, Bunowna Road No. 79”

In response Mr F. O’Driscoll, A/Director of Services stated the following:

Sligo County Council Community and Enterprise Department are currently facilitating dialogue with Easkey Community Council and community interests on the future of the Castle Field Site at Easkey. There are no proposals at present to commence the process of introducing overnight parking Bye-laws along the public road no.79 at Bunowna.


22.  REDUCE SPEED LIMIT ON N59 IN CORBALLA:

Proposed by Councillor J. Queenan
Seconded by Councillor J. McGarry

“To ask the Director of Services for Infrastructure on a progress report on the proposed reduction of speed limit on the N59 in the village of Corballa”

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

A request was submitted by the Roads Department, Sligo County Council to the National Roads Authority on 19th October, 2007 for permission to commence the process of applying a reduced Speed Limit on National Secondary N59 at Corballa.

The NRA has requested the Roads Department to resubmit this application. A revised application will be made to the NRA within the next two weeks.


23. UPGRADE STREET THROUGH DROMORE WEST:

Proposed by Councillor J. Queenan
Seconded by Councillor J. McGarry

“To ask the Director of Services for Infrastructure to allocate funding under the 2009 Road Works Programme for the upgrade of street on the R297 through Dromore West Village”

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

A sum of €120,000 has been provided in the Roadworks Scheme 2009 on Regional Road R297 at Knockaculleen, Dromore West.

A sum of €14,000 has also been provided towards the upgrade of public lighting and footpaths at same location in the current year.


24.  LOUGH TALT WATER TREATMENT PLANT:

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

“To ask for a progress report on the Lough Talt Water Treatment Plant upgrade”

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

The Lough Talt Water Supply Scheme is listed for upgrade on the current Water Services Investment Programme as published by the Department of the Environment, Heritage and Local Government (DoEHLG).

The Preliminary Report for the Scheme recommends that the project be advanced in four phases, namely; water treatment plant; intake works; network improvements; south Sligo interconnector. It is proposed to advance the land acquisition and planning procedures required for Phase 1 of the project in the current year. Pending DoEHLG approval of the Preliminary Report and the necessary finances, it is anticipated that the procurement and construction stages of Phase 1 will follow thereafter.


25. REQUEST GOVERNMENT TO IMPROVE LOCAL EMPLOYMENT EXCHANGES:

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

AND AGREED

“As the facilities at Local Employment Exchanges are inadequate to cope with the large number of people seeking benefits, this Council calls on the Minister to provide improved facilities and review the system of application to ensure that all claims are fully processed inside two weeks, maximum”


27.  ROLL OUT OF BREAST CHECK TO ALL AREAS OF SLIGO:

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

AND AGREED

“In view of the fact that Breastcheck has been introduced into the Tubbercurry area, that this Council ask the HSE and Department of Health to give a date as to when it will be rolled out to all areas of County Sligo”


28. REQUEST MINISTER FOR EDUCATION RE SPECIAL NEEDS TEACHERS:

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

AND AGREED

“To call on the Minister for Education, Batt O’Keefe to ensure that there is adequate funding for Special Needs Teachers at Primary School Level”


29. SUPPORT ALL IRELAND TRIATHLON TOURNAMENT AT ROSSES POINT:

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

“That Sligo County Council endorse the All Ireland Triathlon tournament, run by Sligo City Triathlon Club to be held in Rosses Point on July 12th of this year. Furthermore that we allocate three thousand euro out of the Community Grant Fund towards this event”

In response, Mr F. O’Driscoll, A/Director of Services stated the following:

The Council has been in communication with the organisers of the Triathlon recently and are pleased to be associated in supporting the event.

An application under the 2009 Community and Voluntary Grant Scheme has been received from the Triathlon Organisers and will be considered along with all other applications received. 


30. ROAD SAFETY MEASURES ON OLD DUBLIN ROAD:

It was agreed that items 30 and 65 be taken together.

Proposed by Councillor I. Henry
Seconded by Councillor A. Higgins

“To ask this Council to put road safety measures in place at Carrowgubbadagh on the old Dublin road”


65. ROAD SAFETY MEASURES ON OLD DUBLIN ROAD:

Proposed by Councillor A. Higgins
Seconded by Councillor I. Henry

“ I will ask the Council to erect safety barriers along the Curragh on the old N4 at Colm Burns Garage”

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

Local Road L36032 will be inspected jointly by NRA Regional Safety Inspection and Road Safety Officer, Sligo County Council.

Following this inspection a roads report will be submitted to Roads Department, Sligo County Council. 


32.  RATES ON CRÈCHES:

It was agreed that items 32, 33 and 34 be taken together. 

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

“To ask this Council to explain its policy regarding the charging of commercial rates on private Crèche’s in Tubbercurry and throughout the County of Sligo.”


33.  RATES ON CRÈCHES:

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

“To ask this Council to resist pressure from Government to impose rates on Crèche’s.”


34.  RATES ON CRÈCHES:

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

“That this Council calls on the Government not to impose commercial rates on providers of Crèche’s, Playgroups, and Montessori Schools”

In response to the three motions, Ms M. Leydon, Head of Finance stated the following:

All properties used for commercial purposes and for which its primary activity is for profit or gain is rateable by the Valuation Office.  There has been no change to the legislation regarding Crèches as they have always been determined by the Valuation Office as rateable.


35.  PROVIDE COUNCIL LAND FOR GARDEN ALLOTMENTS:

It was agreed that items 35 and 39 be taken together.
Proposed by Councillor S. Kilgannon
Seconded by Councillor A. Higgins

“To ask Sligo County Council to make ten acres (C.4ha) of the Council owned land at Teesan/Bundoran Road available for an allotment area for horticultural purposes.”


39. PROVIDE COUNCIL LAND FOR GARDEN ALLOTMENTS:

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

“That this Council investigate the feasibility of using Council lands at different locations throughout the County for the provision of allotments for gardening purposes.”

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

Sligo County Council is not in a position to consider expansion of its services at this time.  Provision of allotments by Sligo County Council would require management of leases, insurance, bye-laws, planning/zoning, collection of rent, health and safety, etc., all of which would require additional staffing resources.


31.  REQUEST PEDESTRIAN CROSSING AT OLD BARRACK STREET, COLLOONEY:

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

“To call on the Director of Services for Infrastructure to investigate the possibility of putting a pedestrian crossing at Old Barrack Road, Collooney near the square.”

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

There is no provision in Roadworks Scheme 2009 for construction of pedestrian crossing at Old Barrack Road, Collooney.  This proposal will be considered in the context of 2010 Roadworks Scheme when being considered at local area meeting.


57. LISSADELL HOUSE:

It was agreed that items 57 and 60 be taken at this time.

Proposed by Councillor J. McGarry
Seconded by Councillor P. Conmy

  1. “To ask the County Manager what, if anything (in addition to attendance at a meeting with the owners of Lissadell) he and his staff have done to resolve the crisis at Lissadell pursuant to the Council’s motion of January 2009 and in particular to ask the County Manager to specify the number of days over and above the time specified for the delivery of a defense to the High Court proceedings between the owners of Lissadell and the Council, the Council is in default of doing same and why?”
  2. “To ask the County Manager when, if ever, the Council Members will be given access to the legal advice concerning the alleged rights of way at Lissadell and to ask the County Manager:-
  • Whether or not a cost/benefit analysis has been conducted on the basis of the Council’s legal advice and it’s prospects of success in the High Court proceedings against it concerning Lissadell, and
  • Who will make the decision as to the allocation of ratepayer’s money to the conduct of those proceedings?”

A discussion took place as to whether the motion was in fact seconded by Councillor Conmy,

It was then

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

“That the Council proceed to the next business on the Agenda”

Following further discussion and on the proposal of Councillor S. Kilgannon, it was agreed that a 5 minute recess would be taken at this time.  On return, the Cathaoirleach, J. Devins indicated that in his opinion Councillor McGarry’s motion was proposed and seconded and should be taken.  The meeting agreed to take the motions separately.

In response, Mr H. Kearns County Manager indicated that as with any issue that was before the Courts, it was Council practice that such issues would not be discussed publicly and as High Court Action had been initiated against the Council regarding Lissadell House, he was not willing to comment further on the matter. 

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

I can only reiterate what the County Manager said that to grant access to the legal advice concerning alleged rights of way at Lissadell could prejudice the Councils’ case in defending the High Court proceedings that the owners have initiated against us.  The Council is not aware of any requirement to carry out a cost/benefit analysis in relation to defending legal proceedings nor are we aware how such an exercise could be completed. The legal advice is that there is a strong prima facie case and that we have a good defence to the proceedings in this matter.  In addition, in view of the Statutory Obligations of the Council under the Roads Act 1993 and the information and legal advice in our possession in relation to this matter, it is considered that the Council has a legal obligation to defend the proceedings. The process is being handled by our solicitor in line with normal procedure.

Following further discussion, it was

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

AND AGREED

“That the Members of Sligo County Council accept the advice from the County Manager that the legal advice regarding Lissadell not be circulated to Members of this Council at this time”

Councillors Bree and McGarry to be recorded as dissenting.


60.  LISSADELL HOUSE:

Proposed by Councillor J. McGarry
Seconded by Councillor P. Conmy

“To ask the County Manager to confirm in clear terms whether or not two Senior Members of the Council Executive are or have been members of the Lissadell Action Group and if so:-

  1. Whether or not it was appropriate in the interests of transparency that such persons should have disclosed their interest and/or left a meeting of Sligo Council on the 1st December 2008 when a resolution concerning alleged rights of way at Lissadell was discussed and voted on,
    And
  2. Whether or not he accepts that the fact that two Members of the Council Executive are members of the Lissadell Action Group (if it is a fact) and as such may hold a bias view on the part of the Council in dealing with (or omitting to deal with) matters concerning the important tourism attraction that is Lissadell House?”

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

Part 15 of the Local Government Act 2001 sets out the Ethical Framework for Local Government Service. Employees to whom this legislation applies are obliged to complete an annual written declaration containing particulars of their declarable interests, set out in Section 175 of the Act, and an undertaking to have regard to and be guided by the relevant code of conduct in the exercise of their functions.

Employees to whom this legislation applies are also obliged, under Section 179 of the Local Government Act 2001, to disclose in writing to the County Manager the nature of their pecuniary or other beneficial interest in relation to the performance by the authority of any of its functions with which they are concerned in the course of their duties.

All staff with access to the relevant files have confirmed to the Manager that they have no personal or private interest in relation to this matter.

Any allegations of a possible contravention of the ethical framework by any staff member of the Council in relation to this issue should be submitted with full details to the Ethics Registrar whose duty it is to report to the Cathaoirleach and/or Manager as appropriate. 


It was agreed to adjourn the following Items to the May Council Meeting:36-38; 40-47; 49-52; 54-56; 58-59; 62-64; 66-71. 


VOTES OF SYMPATHY:

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

AND AGREED

“That a vote of sympathy be extended to Ms. D. Clarke, Director of Services, Sligo County Council on the death of her sister, Maura Costello”

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

AND AGREED

“That a vote of sympathy be extended to Sheila Smyth on the death of her Mother, Nuala Waldron.”

“That a vote of sympathy be extended to Brendan Scanlon on the death of her Wife, Kathleen.”

“That a vote of sympathy be extended to May Crann on the death of her sister Jodie Tighe”

Proposed by Councillor G. Murray
Seconded by Councillor I. Henry

AND AGREED

“That a vote of sympathy be extended to Sean Flynn on the death of his brother Francis Flynn”

“That a vote of sympathy be extended to Francie Davey on the death of his sister Mary Davey”

“That a vote of sympathy be extended to Seamus O’Hara on the death of his Mother”

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

AND AGREED

“That a vote of sympathy be extended to the Higgins Family, Culfadda on the death of Alfie Higgins”

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

AND AGREED

“That a vote of sympathy be extended to James Stenson on the death of his mother Mary”

“That a vote of sympathy be extended to Marietta Gallagher on the death of her mother Josephine”

“That a vote of sympathy be extended to Martina Walsh on the death of her sister Ann Meenaghan”

“That a vote of sympathy be extended to Mary Armstrong on the death of her brother, Seamus”

“That a vote of sympathy be extended to Joe Kennedy on the death of his sister Evelyn O’Hara”

“That a vote of sympathy be extended to Jimmy Foley on the death of his Uncle James Brett”

“That a vote of sympathy be extended to Peadar Conway on the death of his Father, Seamus”

“That a vote of sympathy be extended to Catherine Collins on the death of her brother John Michael Garrighy”

“That a vote of sympathy be extended to Martin Gormanly on the death of his brother Seamus”

“That a vote of sympathy be extended to Bridgey McGowan on the death of her brother Michael Jackson”

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

AND AGREED

“That a vote of sympathy be extended to Nena Caldwell on the death of her mother, Mai Slevin”

“That a vote of sympathy be extended to Marion Maheady on the death of her sister Ann Meenaghan”

“That a vote of sympathy be extended to Peadar Conway on the death of his father Seamus”

“That a vote of sympathy be extended to Marietta Gallagher on the death of her Mother Josephine”

“That a vote of sympathy be extended to Anne Higgins on the death of her husband, Alfie”

“That a vote of sympathy be extended to Margaret Gallagher on the death of her brother John Cunningham”

“That a vote of sympathy be extended to Maureen O’Connor on the death of her husband, Peter”

“That a vote of sympathy be extended to Gerry Pilkington on the death of his brother Eddie”

“That a vote of sympathy be extended to Freddie Flynn on the death of her husband Joe”

“That a vote of sympathy be extended to Jimmy Stenson on the death of his mother Mary”

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

AND AGREED

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


 The meeting ended at 5.10 pm. 

 


Meeting Date 06/04/2009