Minutes 2013
Minutes of December Ordinary Meeting of Sligo County Council held on Monday 2nd December, 2013 at 11.00 am in The Council Chamber, County Hall, Riverside, Sligo
MEMBERS PRESENT:
- Councillor Baker,
- Councillor Barrett,
- Councillor Barry,
- Councillor Bree,
- Councillor D. Cawley,
- Councillor V.
- Councillor Cawley,
- Councillor Clarke,
- Councillor Collery,
- Councillor Devins,
- Councillor Fleming,
- Councillor Gormley,
- Councillor Healy McGowan,
- Councillor Keaney,
- Councillor Leonard,
- Councillor Lundy,
- Councillor Lyons,
- Councillor MacManus,
- Councillor McGarry,
- Councillor McGrath,
- Councillor McLoughlin,
- Councillor Mullaney,
- Councillor Mulvey,
- Councillor O’Grady,
- Councillor Queenan.
OFFICIALS IN ATTENDANCE:
- Ms D. Clarke, A/County Manager,
- Mr T. Kilfeather, Director of Services,
- Ms M. Leydon, Head of Finance,
- Mr J. Murphy, Senior Executive Officer,
- Mr T. Brennan, Senior Engineer,
- Mr F. O’Driscoll, A/Senior Engineer,
- Mr S. O’Toole. Senior Executive Engineer,
- Mr D. Cawley, A/Senior Executive Engineer,
- Mr J. Melvin, Executive Engineer,
- Mr D. Tinney, County Librarian,
- Mr K. Colreavy, Administrative Officer,
- Mr B. Ward, Executive Planner,
- Ms L. McConville, Executive Planner,
- Mr F. MacNabb, Meetings Administrator,
- Ms M. McGovern, Clerical Officer.
CATHAOIRLEACH:
- The Cathaoirleach, Councillor P. McGrath presided.
APOLOGIES:
- Councillor G. Murray
The Cathaoirleach opened the meeting indicating that the Acting County Manager, Ms D. Clarke would be making a statement regarding the Supreme Court Ruling on the Lissadell case.
Councillor J. McGarry proposed that Standing Orders be suspended to discuss the issue and was seconded by Councillor D. Bree.
Ms. Clarke stated that;
The Supreme Court determined on 11th November 2013 that public rights of way exist over only one of the four routes within the Walsh/Cassidy lands at Lissadell, i.e. the route from point F to point B as outlined on the map attached to the judgment.
The Court has also determined that no public rights of way exist over the other three routes within their lands i.e. B-C,B-D and B-E as indicated on same map. The Court also found that there was no right to park on the owner’s lands for those visiting the water wall.
A full copy of the judgment is available on the Council website. A summary note of the judgment given out by the Supreme Court on the day is attached. The matter of costs has been deferred for further hearing by the Supreme Court at a later date. I issued a statement on the day of the judgment expressing my disappointment at the decision and also setting out the reasons for defending the proceedings. Having regard to the above, I do not propose on behalf of the Council to make any further public comment in relation to matters arising from this case, including addressing matters raised by Councillor McGarry in his Notice of Motion, until it is finally concluded in the Supreme Court.
I would strongly advise that any comments by the members at today’s meeting should be tempered by the fact that this case is still before the Supreme Court.
In deference to this statement by the A/County Manager Councillor J. Leonard stated he would reserve comment until the case has been fully resolved by the Supreme Court.
Councillor McGarry asked that with the agreement of the meeting his Notice of Motion, numbered 27 on the agenda be taken at this time.
27. LISSADELL CASE:
Proposed by Councillor J. McGarry
Seconded by Councillor D. Bree
“That the Sligo County Manager explains to the Elected Representatives why we proceeded with the case concerning rights of way at the Lissadell Estate and that we be provided with the legal opinion which supported our decision to pursue this case. Furthermore, I request that the members be given a full report on how the Council Executive intends to fund the substantial costs associated with being on the losing side in this court case.”
The members had a discussion on this matter, the main point being that the elected members and the public should have access to the details surrounding the decision to defend the High Court proceedings over public rights of way at Lissadell, which were taken by the owners.
In response Ms Clarke made the following points;
- The Council appreciates the frustration of the members but the legal opinion referred to by Councillor McGarry is privileged and would not be released until the Supreme Court rules on costs.
- The reason for the decision not to place the matter as a headed item on the agenda was that the Council was not in a position to make any comments until after the costs ruling.
Councillor McGarry argues that if his motion is agreed by the members the legal opinion given to the Council prior to proceeding with the case should be made available to the members for the January meeting of the Council.
Following further discussion by the members, and in response to their queries Mr J. Murphy, Senior Executive Officer stated the following;
- He was advised in a telephone discussion that the original legal advice was privileged and should not be released until after the costs had been determined. Mr Murphy indicated that he would obtain a letter to that effect.
- A full report on the case could be prepared and presented to the members once the issue of costs has been determined.
- The note circulated at the outset of the meeting was a summary note given by the court to the parties on the day of judgement in the Supreme Court.
The members discussed the matter further and it was then;
Proposed by Councillor J. Devins
Seconded by Councillor M. Clarke
AND AGREED
“All information pertaining to Lissadell that has been discussed previously at Management Team meetings be made available to the elected members of the Council.”
The members also formally Agreed Councillor McGarry’s motion.
It was also;
Proposed by Councillor H. Keaney
Seconded by Councillor G. Mullaney
“That the Council Executive prepare a full and comprehensive report on the Lissadell case and this will be presented to the Council members immediately, once the decision on costs is decided; and that this report be the matter of a Special Meeting of this Council.”
Councillor J. Devins points out that the decision on costs could take months and this information should be available to the public as soon as possible.
Councillor McGarry suggests an amendment to Councillor Keaney’s motion, which Councillor Keaney agreed to. The amended motion reads as follows:
Proposed by Councillor H. Keaney
Seconded by Councillor G. Mullaney
AND AGREED
“That the Council Executive prepare a full and comprehensive report on the Lissadell case and this will be presented to the Council members; and that this report be the matter of a Special Meeting of this Council.”
Proposed by Councillor R. O’Grady
Seconded by Councillor D. Cawley
AND AGREED
“That Sligo County Council invite their legal team to a Special Meeting of the Council regarding Lissadell.”
At this point the Cathaoirleach informs the members that the Executive has still not received the Local Government Fund Grant figure from the Department for 2014. The delay was leaving staff with little time to finalise the draft Budget for 2014.
A/County Manager, Ms Clarke stated that it had been discussed at the CPG meeting and it was decided to move the meeting to January.
Councillor Bree indicated that Standing Orders dictated that a decision agreed at a Council meeting cannot be rescinded within 6 months without being placed as an Item on the Agenda.
Following a discussion by the meeting it was;
Proposed by Councillor J. Queenan
Seconded by Councillor P. Barry
AND AGREED
“To call a Special County Council Meeting on Monday 9th December, 2013 to rescind the motion in relation to the holding of the Annual Estimates on the 17th December and to set a new date for the Annual Estimates.”
It was agreed to call the meeting for 11.00am.
1. MINUTES OF ORDINARY MEETING HELD ON 4TH NOVEMBER, 2013:
Proposed by Councillor H. Keaney
Seconded by Councillor M. Fleming
AND AGREED
“To confirm the minutes of the Ordinary November Meeting held on 4th November, 2013.”
2. MINUTES OF THE CPG MEETING HELD ON 7TH OCTOBER, 2013:
Proposed by Councillor G. Mullaney
Seconded by Councillor J. Lundy
AND AGREED
“To confirm the minutes of the Sligo County Council Corporate Policy Group Meeting held on 7th October, 2013.”
3. MINUTES OF SLIGO/ DRUMCLIFFE MEETING HELD ON 18TH SEPTEMBER, 2013:
Proposed by Councillor H. Keaney
Seconded by Councillor M. Lyons
AND AGREED
“To confirm the Minutes of the Sligo/Drumcliffe Area Meeting held on the 18th September, 2013.”
Councillor McLoughlin asked, with the agreement of the meeting that Item 37 be taken at this time also.
4. GROUP WATER SCHEMES:
Proposed by Councillor M. Fleming
Seconded by Councillor M. Gormley
AND AGREED
“That we hereby approve of the County Manager’s Proposal to takeover waterworks from the group water schemes listed hereunder, whose members have submitted a formal request in accordance with Section 95 (1) of the Water Services Act, 2007.
- Glackbaun Group Water Scheme
- Ballure Group Water Scheme
- Rathgoonane Road Group Water Scheme
- Cletta/Graniamore Group Water Scheme
- Derroon Group Water Scheme
- Ballinamona Group Water Scheme
- Seafield Group Water Scheme
- Kilcat Group Water Scheme
- Doo Group Water Scheme
- Carrowreagh Cooper Group Water Scheme
- Barnasrahy Group Water Scheme
- Kellystown Group Water Scheme
The takeover of the schemes is subject to submission of all of the necessary documentation and payment of all outstanding water charges. The relevant take-over dates are to be agreed between the County Council and the relevant schemes.”
37. KELLYSTOWN GROUP WATER SCHEME:
Proposed by Councillor A. McLoughlin
Seconded by Councillor J. McGarry
“That Sligo County Council take in charge the Kellystown Group Water Scheme.”
Director of Services, Mr T. Kilfeather indicated that Kellystown was included in the list of schemes just ratified by the members to be taken over by the Council.
5. PART 8 – WASTE WATER TREATMENT PLANT AT BALLINFAD:
Proposed by Councillor G. Mullaney
Seconded by Councillor M. Gormley
AND AGREED
“To approve in accordance with Part 8 of the Local Government (Planning and Development) Regulations, 2001, (as amended), the construction of a Waste Water Treatment Plant at Ballinafad.”
Mr Kilfeather, Director of Services bought the members’ attention to a Submission from Inland Fisheries Ireland, which was circulated at the beginning of the meeting. Due to an oversight on his part the submission was overlooked and not taken into consideration for the Part 8 report. Mr Kilfeather stated that the submission welcomed the proposed construction of the treatment plant at Ballinafad and that the issues outlined in their comments were all addressed by the Council in the Part 8 document.
6. TAKE IN CHARGE WAVERLY COURT, STRANDHILL:
Proposed by Councillor S. MacManus
Seconded by Councillor D. Cawley
AND AGREED
“That Sligo County Council commence the process of taking in charge the development known as ‘Waverly Court’, at Strandhill, Co. Sligo by instigating the necessary procedures under Section 11 of the Roads Act 1993 to declare public the road serving the development.”
7. TAKE IN CHARGE CURLEW CLOSE, BALLINAFAD:
Proposed by Councillor G. Mullaney
Seconded by Councillor M. Gormley
AND AGREED
“That Sligo County Council commence the process of taking in charge the development known as ‘Curlew Close’, at Ballinafad, Co. Sligo by instigating the necessary procedures under Section 11 of the Roads Act 1993 to declare public the road serving the development.”
8. AUDIT REPORT 2012:
The members considered the Statutory Audit Report for the year ended 31st December, 2012. Following a discussion by the members it was;
Proposed by Councillor D. Bree
Seconded by Councillor S. MacManus
AND AGREED
“Having considered the contents of the Local Government Auditors Report for the year ending 31st December, 2012 and recognising the financial crisis the Council finds itself in, the elected members of Sligo County Council hereby resolve
- to request the Minister for the Environment to meet as a matter of urgency with an all party delegation of councillors to discuss the critical financial position of the Council;
- to request the Minister and his Department to provide necessary advice and assistance to the Council.”
In response to their queries the Head of Finance, Ms M. Leydon stated the following;
- Members were informed of deficit position throughout 2012
- The long term debt figure of €79m includes for mortgage loans of €30m which are fully funded. This figure also includes for infrastructure such as libraries, museums and fire services.
- There is a shortfall of about 8% on the bad debt figure of 25% and this equates to between €700,000 - €1m.
- Regarding tendering for Legal Services there is an ongoing national tendering process for shared services and the Council intend to avail of this when it becomes available.
- To clarify, the Manager’s Responses in the Audit Report are from the A/County manager, Ms Clarke.
- The Sligo Main Drainage final account was not completed when the Local Government Auditor was compiling his report but it has since been completed.
- There is no figure included for potential costs associated with the Lissadell case.
With regard to Sligo Main Drainage Mr Kilfeather informed the meeting that there were a number of outstanding matters to be resolved when submitting the final account. The documentation was now being prepared to submit to the department and Mr Kilfeather clarifies that the Council have drawn down all monies owed on the project.
Having considered the Audit Report it was;
Proposed by Councillor J. Leonard
Seconded by Councillor P. Barry
AND AGREED
“To note the Statutory Audit Report on the accounts of Sligo County Council for the year ended 31st December, 2012.”
The meeting Adjourned for lunch at 1.30pm.
19. FOOTPATH AT FORT HAVEN ESTATE, COOLANEY:
Proposed by Councillor S. MacManus
Seconded by Councillor M. Fleming
“To ask that Sligo County Council considers providing a footpath to alleviate dangers posed to pedestrians, especially school children, between Fort Haven Estate and Rockfield N.S., Coolaney.”
In response Mr S. O’Toole, Senior Executive Engineer stated the following:
The Area Engineer will examine the feasibility of providing a footpath here viz design, land acquisition needs etc. However, there are no funds with which this or any other such extensive proposal can progress.
At this point the A/County Manager Ms Clarke informed the members that the Chamber would be in use on Monday 9th December for a Major Emergency Exercise involving the Fire Services, Gardai and HSE from Sligo, Leitrim and Donegal.
Following a discussion by the meeting Councillor Devins suggested using the Members Room might be sufficient for the meeting as it would be brief and full attendance was not expected.
The meeting agreed to hold the meeting in the Members Room at 11.00am on Monday 9th December.
The Cathaoirleach proceeded with the Headed Items.
9. ICBAN:
To consider report on ICBAN correspondence dated 30th October, 2013 regarding membership of ICBAN.
Following a discussion by the members it was;
Proposed by Councillor D. Bree
Seconded by Councillor M. Lyons
“That this Council directs that a sufficient sum be provided in the forthcoming draft budget to allow the Council to pay the membership fee for 2014 to ICBAN and also to pay arrears that have arisen in 2012 and 2013.”
Ms. Clarke, A/County Manager stated that ICBAN were not the only body whose fees had been reduced and she advised the meeting that if members wanted to prioritise payments to certain bodies the executive would take this into account but it would be at the expense of other bodies.
The members further discussed payments to the various bodies and Councillor Bree agreed to an addendum to his motion to include payments of fees to LAMA and the ACCC.
His motion was then Agreed by the members. Councillor McGarry asks to be recorded as Abstaining from this motion and Councillor V. Cawley asks to be recorded as Dissenting from the motion.
10. THE MODEL:
“To consider report on The Model Arts and Niland Gallery.”
Councillor MacManus informs the meeting that this Headed Item is on the agenda as a result of a Notice of Motion he submitted for the November meeting. He was contacted by a member of staff stating that some of the information would take some time to collate and would not be ready for the December meeting. Councillor MacManus asks that this item be deferred until the January meeting until the information becomes available.
The meeting agrees to this request.
11. ST ANGELA’S COLLEGE:
Proposed by Councillor J. McGarry
Seconded by Councillor M. Lyons
AND AGREED
That Sligo County Council calls on the Minister for Education, Mr. Ruairi Quinn to fully back the proposals of NUI Galway and St. Angela’s College, Sligo to operate as one and that he advises the HEA to progress the incorporation of St. Angela’s College, Sligo into NUI Galway.”
12. REFUSE COLLECTION, BALLISODARE:
Proposed by Councillor J. Devins
Seconded by Councillor T. Collery
“Sligo County Council gives an update on the refuse collection in Ballisodare village and agrees to pick up the refuse from the council refuse bins which is been supported under the Tus programme.”
In response Mr S. O’Toole, Senior Executive Engineer stated the following:
The lack of manpower is affecting us here but every effort will be made to assist the work being carried out under the TUS programme, nevertheless.
13. WOODBROOK HEIGHTS, BALLISODARE:
Proposed by Councillor J. Devins
Seconded by Councillor T. Collery
“Sligo County Council agree to make safe the very dangerous drop from the wall at the area where children play in Woodbrook Heights, Ballisodare.”
Councillor Devins informed the meeting that this issue had been resolved since putting down this Notice of Motion and he thanked staff for their work on making the wall safe.
14. BEREAVEMENT GRANT:
Proposed by Councillor J. McGarry
Seconded by Councillor M. Gormley
AND AGREED
“That Sligo County Council calls on the Government to reverse the abolition of the Bereavement Grant as per the recent Budget.”
15. COMMUNITY CARE SERVICES:
Proposed by Councillor J. McGarry
Seconded by Councillor R. O’Grady
AND AGREED
“That Councillor Jim McGarry calls on the Government to invigorate the area of policy making regarding the care of our elderly citizens and deploy more resources to the strengthening of community care services.”
16. FREE GP CARE:
Proposed by Councillor J. McGarry
Seconded by Councillor R. O’Grady
AND AGREED
“That Sligo County Council congratulates the Government on the provision of free GP care to the under 5 category.”
Councillor MacManus asked to be recorded as Abstaining from this motion.
17. LITTER WARDEN:
Proposed by Councillor D. Mulvey
Seconded by Councillor D. Bree
“To ask Sligo County Council when a replacement Litter Warden will be put in place.”
In response Mr T. Kilfeather, Director of Services stated the following:
It is intended that the vacant Litter Warden position will be filled on a permanent basis with effect from January 2nd 2014. In the meantime the Environment Section with the support of our Area Offices will manage any litter issues so far as resources allow.
18. SIGHT LINES EXITING L-6801:
Proposed by Councillor D. Mulvey
Seconded by Councillor M. Barrett
“To ask Sligo County Council to improve the sight line towards Coolaney for traffic exiting from L-6801.”
In response Mr S. O’Toole, Senior Executive Engineer stated the following:
This junction sight line issue will be examined by the area engineer to see what can be done at minimal cost.
20. MONEY LENDERS:
Proposed by Councillor V. Cawley
Seconded by Councillor D. Cawley
AND AGREED
“That following on from the publication by the Central Bank Report on the high increase in the number of people sourcing finance from lending agents; that this Council call on this Government to commence the process to introduce legislation to reform the money lending industry in Ireland and to include greater penalties for the intimidation of customers by lenders and the operation, if illegal money lenders.”
21. ‘JOB BRIDGE’ INTERNS:
Proposed by Councillor P. Barry
Seconded by Councillor H. Keaney
“To ask the County Manager the number of ‘Job bridge’ interns employed by Sligo County Council and how many, if any, on the outdoor staff.”
On behalf of Ms Clarke Mr Kilfeather read the following report:
The total number of intern placements under the JobBridge Scheme in the current year is 19. All of these were indoor based placements.
Mr Kilfeather added that the option of using interns was looked at in the outdoor staff area but there were training and Health and Safety issues. He also stated that with the already low numbers of staff supervision of interns would be an issue.
It was agreed to take Items 22 and 24 together.
22. RATES ON VACANT COMMERCIAL PROPERTIES:
Proposed by Councillor P. Barry
Seconded by Councillor M. Gormley
AND AGREED
“That this Council calls on Minister John Perry, Minister for Small Business, not to support the pending legislation to charge 50% rates on all vacant commercial properties – ‘Part 5 Section 31’ – to come into effect in 2014.”
24. RATES ON VACANT COMMERCIAL PROPERTIES:
Proposed by Councillor M. Gormley
Seconded by Councillor P. Barry
AND AGREED
“That this Council calls on the Government to delete out of the Local Government Bill the proposal to levy 50% of the rates due on vacant business units.”
23. YOUTH EMPLOYMENT:
Proposed by Councillor S. MacManus
Seconded by Councillor D. Bree
AND AGREED
“Given that 64,700 young people are officially unemployed and that the unemployment rate for persons aged under 25 is almost 30%; that Budget 2014 only provides an additional €14 million for the Youth Guarantee Scheme; and that according to the National Youth Council of Ireland, Budget 2014 will, at best, provide only 3,250 new labour activation places for persons aged under 25; Sligo County Council calls on the Government to:
- adequately fund a Youth Guarantee Scheme that provides all young people with a good quality offer of employment, continued education, an apprenticeship or a traineeship within four months of becoming unemployed;
- allocate €400 million for this purpose, as recommended by the National Youth Council of Ireland and the International Labour Organisation funding model;
- make youth employment a key priority and theme for the Action Plan for Jobs 2014;
set annual targets for youth employment and reduction in emigration; and reverse the cuts to the basic rate of Jobseeker’s Allowance for persons aged under 26 that were introduced in Budget 2014.”
25. FOOTPATH AT SOOEY NS:
Proposed by Councillor G. Mullaney
Seconded by Councillor T. Collery
“To call on the Director of Services for Infrastructure to provide a foot path linking Sooey National School with 2 existing car parks on Regional Road R284 in the interest of public safety.”
In response Mr S. O’Toole, Senior Executive Engineer stated the following:
The Area Engineer will examine this proposal, but no funding exists for its implementation.
Mr O’Toole advised the Ballymote Area members to bring this issue back to the area meeting for further discussion.
26. TRAFFIC CALMING IN GEEVAGH:
Councillor Mullaney asked that this Item be deferred and that the Cathaoirleach proceed to deal with Item 31. The meeting agreed to this request.
31. HAZELWOOD HOUSE:
Proposed by Councillor H. Keaney
Seconded by Councillor M. Lyons
AND AGREED
“That Sligo County Council supports the ongoing efforts of Hazelwood Heritage Society in campaigning for the conservation of Hazelwood House, an historic building of international architectural significance and one of Ireland's most at risk heritage structures. The Council also supports the Society's call for Hazelwood to be developed as a cultural, recreational and educational amenity for the people of Sligo and visitors to the region.”
Councillor D. Cawley asked that a copy of this Motion be forwarded to the Receiver appointed to Hazelwood House.
Mr T. Kilfeather, Director of Services provided an update to the members on Hazelwood House;
- The Council have written to the Receiver, Grant Thornton to remind them that Hazelwood House is a protected structure.
- Public money has been spent on works at Hazelwood House.
- A Section 59 Notice was served on the previous owners of the house but no response was forthcoming. Another Section 59 Notice would now be served on the new owners which would be the Receivers.
Following further discussion by the members it was;
Proposed by Councillor H. Keaney
Seconded by Councillor M. Lyons
AND AGREED
“Sligo County Council would make written contact with the current administrators of Hazelwood House asking them to consider making this historic property available to the Hazelwood Historical Society at a nominal sum.”
48. VOTES OF SYMPATHY:
Proposed by Councillor M. Fleming
Seconded by Councillor H. Keaney
AND AGREED
“That a vote of sympathy be extended to Una and Gerry Duffy on the death of Ronan Duffy.”
Proposed by Councillor D. Mulvey
Seconded by Councillor T. Collery
AND AGREED
“That a vote of sympathy be extended to Mary Lipsett on the death of her mother, Anna Callaghan.”
Proposed by Councillor R. O’Grady
Seconded by Councillor D. Cawley
AND AGREED
“That a vote of sympathy be extended to The Goodwin Family on the death of Don Goodwin.”
“That a vote of sympathy be extended to Bernard Tiernan on the death of his wife Agnes Tiernan.”
Proposed by Councillor M. Lyons
Seconded by Councillor T. Collery
AND AGREED
“That a vote of sympathy be extended to Tommy Banks on the death of his mother, Nora Banks.”
“That a vote of sympathy be extended to Madge McGrath and Family on the death of Dominic McGrath.”
“That a vote of sympathy be extended to Bernie Tiernan on the death of his wife Agnes Tiernan.”
49. VOTES OF CONGRATULATIONS:
Proposed by Councillor S. MacManus
Seconded by Councillor D. Bree
AND AGREED
“That a vote of congratulations be extended to Martin Scanlon on winning the ‘All-Ireland Garden of the Year’ award.”
50. CONFERENCES:
Proposed by Councillor D. Bree
Seconded by Councillor M. Gormley
AND AGREED
“Councillor Sean MacManus is authorised to attend the Local Authority Budgets seminar in Letterkenny, Co. Donegal on November 15th-17th and also the Guide to Budget 2014 in Carlingford, Co Louth on 8th-10th November.”
Proposed by Councillor M. Gormley
Seconded by Councillor D. Bree
AND AGREED
“That the Council approves the attendance of Councillor Declan Bree at conferences included in the 2013 list.”
Proposed by Councillor S. MacManus
Seconded by Councillor V. Cawley
AND AGREED
“That the list of conferences circulated for December at this meeting, are unanimously approved.”
Councillor M. Gormley asked that the best wishes of the Council be conveyed to Councillor Gerry Murray who is absent due to illness.
Items 10, 26, 28 - 30, 32 - 36, 38 - 47 and 51 were deferred.
The meeting was Adjourned at 5.10pm
Meeting Date 02/12/2013