MINUTES OF MAYO COUNTY COUNCIL MEETING HELD ON MONDAY, 18th JULY, 2005, AT 2.00 p.m.
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The Cathaoirleach, Cllr. H. Kenny, was in the Chair.
The other Councillors present were:-
Cllrs. M. Mulherin, J. Munnelly, Johnnie O’Malley, E. Staunton, S. Weir, P. O’Brien, D. Ryan, H. Walsh, G. Coyle, M. Holmes, M. McNamara, T. Quinn, C. Burke, A. McDonnell, P. McGuinness, J. Mee, M. Carty, T. Connolly, J. Cribbin, P. McHugh, E. Lavin, J. Maloney, J. Mellett, G. Murray, M. Adams, F. Chambers, A.F. O’Malley, John O’Malley.
The Council Staff in attendance were:-
Mr. D. Mahon, Co. Manager, Mr. J. Beirne, Dir. of Services / Co. Engineer,
Mr. J. Loftus, Dir. of Services, Mr. J. Walsh A/Meetings Administrator, Mr. P. Hynes, Dir. of Services, Mr. R. Norton, Dir. of Services, Mr. N. Burke, A/Dir. of Services, Mr. J. Coll, Dir., Comm. & Enterprise, Mr. P. Duggan, Head of Finance, Ms. E. McCormack, Financial Accountant, Mr. B. O’Reilly, Sen. Engineer, Ms. K. O’Malley-Harlow, Sen. Ex. Planner, Mr. A. de Lucia, Ex. Planner, Ms. M. Crowley, A/Sen. Ex. Officer, Mr. D. Cunningham, Heritage Officer, Mr. P. Brogan, Sen. Staff Officer, Mr. J. Moran, Sen. Staff Officer, Ms. C. Kenny, Asst. Staff Officer.
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At the outset, it was -
Proposed by Cllr. H. Kenny
Seconded by Cllr. T. Quinn
Resolved:-
“That “Standing Orders” be suspended in order to allow discussion on the release of the Rossport Five and related matters”.
The Cathaoirleach, Cllr. H. Kenny, referred to a Motion which had been circulated to each Member present which read -
“This Council calls on the Taoiseach and Shell Ireland Ltd. to ensure the immediate release of the Rossport Five and thereafter that the necessary examinations be undertaken to guarantee the safety of any proposed pipeline construction”.
The Cathaoirleach informed the Meeting that he would welcome debate on the Motion with a view to securing agreement on the Motion, with amendments if necessary.
A detailed discussion ensued during which it was -
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Proposed by Cllr. T. Quinn
Seconded by Cllr. M. McNamara
“To ask the Government to re-examine the role of Duchas in Planning matters”.
Proposed by Cllr. T. Quinn
Seconded by Cllr. F. Chambers
“That this Council calls on Shell to process the gas at sea”.
Proposed by Cllr. G. Murray
Seconded by Cllr. J. Mee
“That this Council fully resolves to support the campaign of those demanding Justice for the Rossport Five”.
At the conclusion of the debate, it was -
Proposed by Cllr. H. Kenny
Seconded by Cllr. G. Coyle
Resolved:-
“This Council calls on An Taoiseach and Shell E & P Ireland Ltd., to explore all options to secure the immediate release of the Rossport Five and thereafter that the necessary examinations be undertaken to guarantee the safety of any proposed pipeline construction in accordance with international standards and that a Delegation comprising the County Manager, An Cathaoirleach and the Elected Members for the Belmullet Electoral Area meet with An Taoiseach and Ministers Mary Coughlan, Eamon O Cuiv and Noel Dempsey as a matter of urgency to discuss this matter”.
ITEM NO. 1.
MIONTUAIRISCI DE CRUINNITHE COMHAIRLE CHONTAE MHAIGH EO A BHI AR SIUL AR AN 13u MEITHEAMH AGUS 27u MEITHEAMH, 2005.
TO CONFIRM MINUTES OF MAYO COUNTY COUNCIL MEETINGS HELD ON 13th JUNE AND 27th JUNE, 2005.
Mhol Comhairleoir P. McGuinness
Chuid Comhairleoir P. McHugh
Ghlacu leis an tairiscint:-
“Go n-aontaiomar le Miontuairisci Cruinnithe Comhairle Chontae Mhaigh Eo a bhi ar siul ar an 13u Meitheamh agus 27u Meitheamh, 2005”.
Proposed by Cllr. P. McGuinness
Seconded by Cllr. P. McHugh
Resolved:-
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“That Minutes of Mayo County Council Meetings held on 13th June and 27th June, 2005, be taken as read, approved and signed as a correct record”.
ITEM NO. 2.
PRESENTATION BY REPRESENTATIVE FROM IARNROD EIREANN.
It was agreed to defer this Item to the September Meeting of the Council.
ITEM NO. 3.
WATER PRICING POLICY – POLLUTER PAYS PRINCIPLE.
Mr. B. O’Reilly, Sen. Engineer, outlined the Policy of the Government on Water Pricing and circulated a Report to the Members.
Mr. D. Mahon, Co. Manager, gave details of the implications of this Policy for the Castlebar Environs Sewerage Scheme. He indicated that the Council is required to provide funding for this Scheme which will be recoupable from –
(1)Non-domestic users;
(2)Future domestic premises in new areas served by the Scheme.
He also indicated that a Serviced Land Initiative charge is necessary to recoup the costs and that a connection fee for existing houses to the new Scheme will be necessary. He pointed out that the operational costs of the Scheme in respect of the non-domestic element will be recoupable through water charges.
Discussions also took place regarding Ballina Sewerage Scheme and Achill Sewerage Scheme. The County Manager indicated that work on these Schemes is dependent on reaching agreement with the Department of the Environment, Heritage and Local Government on negotiations which are taking place in relation to Water Pricing Policy.
The Council noted Report dated 7th June, 2005, regarding Water Pricing Policy – Polluter Pays Principle, as circulated.
ITEM NO. 4.
TO NOTE REPORT ON BLUE FLAG AWARDS FOR MAYO BEACHES.
Proposed by Cllr. P. McGuinness
Seconded by Cllr. P. McHugh
Resolved:-
“That Report on Blue Flag Awards for Mayo Beaches, dated 7th July, 2005, as circulated, be noted by the Council”.
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ITEM NO. 5.
TO ADOPT THE HIGHER EDUCATION GRANTS SCHEME FOR 2005.
Proposed by Cllr. P. McGuinness
Seconded by Cllr. P. McHugh
Resolved:-
“That we hereby adopt Higher Education Grants Scheme for 2005, as circulated”.
ITEM NO. 6.
THAT THE ROADS ON ATTACHED SCHEDULE BE DECLARED PUBLIC ROADS.
Proposed by Cllr. P. McGuinness
Seconded by Cllr. E. Staunton
Resolved:-
“That the Roads on attached Schedule be declared Public Roads”.
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ITEM NO. 7.
TO NOTE 2005 GRANT ALLOCATIONS FOR LOCAL IMPROVEMENTS SCHEME.
Proposed by Cllr. P. McGuinness
Seconded by Cllr. E. Staunton
Resolved:-
“That 2005 Grant Allocations for Local Improvements Scheme, in the sum of €1,438,736, be noted by the Council”.
ITEM NO. 8.
TO NOTE CLAR / DEPARTMENT OF THE ENVIRONMENT, HERITAGE AND LOCAL GOVERNMENT ROADS CO-FUNDING 2005.
Proposed by Cllr. P. McGuinness
Seconded by Cllr. E. Staunton
Resolved:-
“That Clar / Department of the Environment, Heritage and Local Government Roads Co-Funding 2005, be noted by the Council”.
ITEM NO. 9.
TO NOTE ADDITIONAL CLAR FUNDING FOR L.I.S. ROADS, 2005.
Proposed by Cllr. P. McGuinness
Seconded by Cllr. E. Staunton
Resolved:-
“That additional Clar Funding for L.I.S. Roads, 2005, be noted by the Council”.
ITEM NO. 10.
TO NOTE 2006 – 2008 MULTI-ANNUAL ROAD WORKS RESTORATION PROGRAMME.
Proposed by Cllr. P. McGuinness
Seconded by Cllr. E. Staunton
Resolved:-
“That 2006 – 2008 Multi-Annual Road Works Restoration Programme, as circulated, be noted by the Council”.
ITEM NO. 11.
TO APPROVE DRAFT COUNTY MAYO HERITAGE PLAN 2005 – 2010.
Proposed by Cllr. P. McGuinness
Seconded by Cllr. J. Mee
Resolved:-
“That we hereby approve Draft County Mayo Heritage Plan 2005 – 2010, as circulated”.
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ITEM NO. 12.
TO NOTE CLAREMORRIS DRAFT LOCAL AREA PLAN 2005.
Proposed by Cllr. T. Connolly
Seconded by Cllr. P. McHugh
Resolved:-
“That Claremorris Draft Local Area Plan 2005, as circulated, be noted”.
ITEM NO. 13.
TO NOTE LOCAL GOVERNMENT AUDITOR’S REPORT FOR TWO YEARS ENDING 31st DECEMBER, 2003.
Proposed by Cllr. P. McGuinness
Seconded by Cllr. P. McHugh
Resolved:-
“That Local Government Auditor’s Report for two Years ending 31st December, 2003, as circulated, be noted”.
ITEM NO. 14.
TO APPROVE OF THE RAISING OF A LOAN OF €80,758 IN RESPECT OF HOUSING CAPITAL LOAN AND SUBSIDY SCHEME AT BUNREE, BALLINA.
Proposed by Cllr. M. Mulherin
Seconded by Cllr. S. Weir
Resolved:-
“That we hereby approve of the raising of a Loan of €80,758 from the Housing Finance Agency in respect of Housing Capital Loan and Subsidy Scheme at Bunree, Ballina”.
ITEM NO. 15.
TO NOTE LOCAL AUTHORITY TENANT HANDBOOK.
Local Authority Tenant Handbook, as circulated, was noted and welcomed by the Council.
ITEM NO. 16.
TO APPROVE OF THE DISPOSAL OF 1.24 ACRES OF LAND AT OLD KILKELLY ROAD, KNOCK, CO. MAYO, TO MR. BRENDAN SALMON, COLOUR PRINT LTD., MAIN ST., KNOCK, CO. MAYO, IN ACCORDANCE WITH NOTICE DATED 5th JULY, 2005, ALREADY CIRCULATED.
Proposed by Cllr. T. Connolly
Seconded by Cllr. M. Carty
Resolved:-
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“That we hereby approve of the disposal of 1.24 acres of Land at old Kilkelly Road, Knock, Co. Mayo, to Mr. Brendan Salmon, Colour Print Ltd., Main St., Knock, Co. Mayo, for €200,000, in accordance with Section 183 of the Local Government Act, 2001, and Notice dated 5th July, 2005, already circulated”.
ITEM NO. 17.
TO CONSIDER REPORT DATED 27th MAY, 2005, IN ACCORDANCE WITH PART 8 OF THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) REGULATIONS, 2001, AND THE LOCAL GOVERNMENT ACT, 2001, IN RESPECT OF THE PROPOSED CONSTRUCTION OF 19 NO. DWELLINGS TOGETHER WITH ALL ASSOCIATED SITE WORKS, SERVICES AND LANDSCAPING AT FRIARSQUARTER, BALLINROBE.
Proposed by Cllr. P. O’Brien
Seconded by Cllr. P. McGuinness
Resolved:-
“That we hereby adopt Report dated 27th May, 2005, in accordance with Part 8 of the Local Government (Planning and Development) Regulations, 2001, and the Local Government Act, 2001, in respect of the proposed construction of 19 No. dwellings together with all associated site works, services and landscaping at Friarsquarter, Ballinrobe”.
ITEM NO. 18.
TO CONSIDER REPORT DATED 7th JUNE, 2005, IN ACCORDANCE WITH PART 8 OF THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) REGULATIONS, 2001, AND THE LOCAL GOVERNMENT ACT, 2001, IN RESPECT OF THE CONSTRUCTION OF 2 NO. DWELLINGHOUSES, SEPTIC TANKS, TREATMENT UNITS AND ANCILLARY WORKS AT DERRYNAMEEL, BARNATRA, BALLINA, CO. MAYO AND TRISTIA, BANGOR-ERRIS, CO. MAYO.
Proposed by Cllr. G. Coyle
Seconded by Cllr. T. Quinn
Resolved:-
“That we hereby adopt Report dated 7th June, 2005, in accordance with Part 8 of the Local Government (Planning and Development) Regulations, 2001, and the Local Government Act, 2001, in respect of the construction of 2 No. dwellinghouses, septic tanks, treatment units and ancillary works at Derrynameel, Barnatra, Ballina, Co. Mayo and Tristia, Bangor-Erris, Co. Mayo”.
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ITEM NO. 19.
TO CONSIDER REPORT DATED 16th JUNE, 2005, IN ACCORDANCE WITH PART 8 OF THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) REGULATIONS, 2001, AND THE LOCAL GOVERNMENT ACT, 2001, IN RESPECT OF THE CONSTRUCTION OF ONE TRADITIONAL TYPE RURAL 3 BEDROOMED DETACHED HOUSE, SEPTIC TANK AND ANCILLARY WORKS AT ASKELANE, ROONAGH, LOUISBURGH, WESTPORT.
Proposed by Cllr. A.F. O’Malley
Seconded by Cllr. M. Adams
Resolved:-
“That we hereby adopt Report dated 16th June, 2005, in accordance with Part 8 of the Local Government (Planning and Development) Regulations, 2001, and the Local Government Act, 2001, in respect of the construction of one traditional type rural 3 bedroomed detached house, septic tank and ancillary works at Askelane, Roonagh, Louisburgh, Westport”.
ITEM NO. 20.
TO CONSIDER REPORT DATED 12th JULY, 2005, IN ACCORDANCE WITH PART 8 OF THE LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) REGULATIONS, 2001, AND THE LOCAL GOVERNMENT ACT, 2001, IN RESPECT OF AGHAGOWER SEWERAGE SCHEME.
Proposed by Cllr. M. Adams
Seconded by Cllr. John O’Malley
Resolved:-
“That we hereby adopt Report dated 12th July, 2005, in accordance with Part 8 of the Local Government (Planning and Development) Regulations, 2001, and the Local Government Act, 2001, in respect of Aghagower Sewerage Scheme”.
ITEM NO. 21.
TO ADOPT DRAFT BYE-LAWS FOR THE REGULATION OF ROONAGH HARBOUR, COUNTY MAYO.
Proposed by Cllr. M. Adams
Seconded by Cllr. F. Chambers
Resolved:-
“That we hereby adopt Draft Bye-Laws for the Regulation of Roonagh Harbour, County Mayo, as circulated”.
ITEM NO. 22.
ESB COMMUNITY / ENTERPRISE FUND.
Proposed by Cllr. E. Staunton
Seconded by Cllr. T. Quinn
Resolved:-
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“That Report entitled “Proposals for Management of Bellacorick Enterprise Fund / Fiontar Chomhraic and Map 01”, as circulated, be noted and approved by the Council”.
ITEM NO. 23.
TO APPROVE OF THE ATTENDANCE OF CHAIR OF CULTURAL, EDUCATION, HERITAGE AND CORPORATE AFFAIRS STRATEGIC POLICY COMMITTEE AT TRADE FAIR TO BE HELD IN HOECHSTADT, GERMANY, IN SEPTEMBER, 2005.
Proposed by Cllr. J. Cribbin
Seconded by Cllr. M. Mulherin
Resolved:-
“That we hereby approve of the attendance of Chair of Cultural, Education, Heritage and Corporate Affairs Strategic Policy Committee at Trade Fair to be held in Hoechstadt, Germany, in September, 2005, and the necessary expenditure is hereby approved”.
ITEM NO. 24.
TO APPROVE OF THE PAYMENT OF A GRANT OF €5,000 FROM THE ENTERPRISE AND EMPLOYMENT FUND TO MAIGH EO TEIC IT COMMUNITY TRAINING CENTRE, NEWPORT.
Proposed by Cllr. John O’Malley
Seconded by Cllr. F. Chambers
Resolved:-
“That we hereby approve of the payment of a Grant of €5,000 from the Enterprise and Employment Fund to Maigh Eo Teic IT Community Training Centre, Newport”.
ITEM NO. 25.
TO NOTE MINUTES OF HOUSING STRATEGIC POLICY COMMITTEE MEETINGS HELD ON 25th NOVEMBER, 2004, 27th JANUARY, 2005 AND 8th MARCH, 2005.
Proposed by Cllr. J. Cribbin
Seconded by Cllr. T. Quinn
Resolved:-
“That Minutes of Housing Strategic Policy Committee Meetings held on 25th November, 2004, 27th January, 2005 and 8th March, 2005, be noted”.
ITEM NO. 26.
TO NOTE MINUTES OF PLANNING & ECONOMIC DEVELOPMENT STRATEGIC POLICY COMMITTEE MEETING HELD ON 18th MAY, 2005.
Proposed by Cllr. J. Mee
Seconded by Cllr. T. Connolly
Resolved:-
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“That Minutes of Planning & Economic Development Strategic Policy Committee Meeting held on 18th May, 2005, be noted”.
ITEM NO. 27.
TO NOTE MINUTES OF CULTURAL, EDUCATION, HERITAGE AND CORPORATE AFFAIRS STRATEGIC POLICY COMMITTEE MEETING HELD ON 24th MAY, 2005.
Proposed by Cllr. P. McGuinness
Seconded by Cllr. J. Munnelly
Resolved:-
“That Minutes of Cultural, Education, Heritage and Corporate Affairs Strategic Policy Committee Meeting held on 24th May, 2005, be noted”.
ITEM NO. 28.
TO NOTE MINUTES OF BALLINROBE ELECTORAL AREA COMMITTEE MEETING HELD ON 9th MAY, 2005.
Proposed by Cllr. P. O’Brien
Seconded by Cllr. E. Lavin
Resolved:-
“That Minutes of Ballinrobe Electoral Area Committee Meeting held on 9TH May, 2005, be noted”.
ITEM NO. 29.
TO NOTE MINUTES OF CASTLEBAR ELECTORAL AREA COMMITTEE MEETING HELD ON 23rd MAY, 2005.
Proposed by Cllr. J. Mee
Seconded by Cllr. P. McGuinness
Resolved:-
“That Minutes of Castlebar Electoral Area Committee Meeting held on 23rd May, 2005, be noted”.
ITEM NO. 30.
TO CONSIDER NOMINATING REPRESENTATIVES TO ATTEND PARNELL SUMMER SCHOOL 2005 – “FIXING THE BOUNDARIES – IRELAND FROM THE MARGINS” – TO BE HELD IN AVONDALE HOUSE AND FOREST PARK, RATHDRUM, CO. WICKLOW, FROM 14th TO 19th AUGUST, 2005.
The Council were informed of the estimated cost of sending a Delegate to this Conference.
Proposed by Cllr. P. McGuinness
Seconded by Cllr. P. McHugh
Resolved:-
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“That the Cathaoirleach, Cllrs. T. Connolly, G. Coyle, J. Cribbin, , P. O’Brien, A.F. O’Malley, John O’Malley, S. Weir, M. Adams, S. Bourke, J. Maloney, P. McHugh, G. Murray, A.M. Reape and D. Ryan be nominated to attend Parnell Summer School 2005 – “Fixing the Boundaries – Ireland from the Margins” – to be held in Avondale House and Forest Park, Rathdrum, Co. Wicklow, from 14th to 19th August, 2005”.
ITEM NO. 31.
TO CONSIDER NOMINATING REPRESENTATIVES TO ATTEND GENERAL HUMBERT – MICHAEL DAVITT SUMMER SCHOOL – “CRISIS & SOLUTIONS” – TO BE HELD IN MOYNE COLLEGE, BALLINA, FROM 23rd TO 28th AUGUST, 2005.
The Council were informed of the estimated cost of sending a Delegate to this Conference.
Proposed by Cllr. P. McGuinness
Seconded by Cllr. P. McHugh
Resolved:-
“That the Cathaoirleach, Cllrs. M. Mulherin, M. McNamara and G. Murray be nominated to attend General Humbert – Michael Davitt Summer School – “Crisis & Solutions” – to be held in Moyne College, Ballina, from 23rd to 28th August, 2005”.
The County Manager informed the Members that he had received a communication from Mr. John Cooney, Director, General Humbert Summer School, seeking financial support. He stated that he proposed to discuss the matter with Mr. Cooney with a view to making suitable arrangements for funding for the Summer School. The Council approved this arrangement.
ITEM NO. 32.
TO CONSIDER NOMINATING REPRESENTATIVES TO ATTEND CONFERENCE – “RURAL HOUSING – A RURAL RIGHT” – TO BE HELD IN THE KILKEE BAY HOTEl, KILKEE, CO. CLARE, ON 31st AUGUST AND 1st SEPTEMBER, 2005.
The Council were informed of the estimated cost of sending a Delegate to this Conference.
Proposed by Cllr. P. McGuinness
Seconded by Cllr. P. McHugh
Resolved:-
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“That the Cathaoirleach, Cllrs. M. Adams, S. Bourke, M. Carty, G. Coyle, A.F. O’Malley, John O’Malley, G. Murray, A.M. Reape and E. Staunton be nominated to attend Conference – “Rural Housing – A Rural Right” – to be held in the Kilkee Bay Hotel, Kilkee, Co. Clare, on 31st August and 1st September, 2005”.
Proposed by Cllr. John O’Malley
Seconded by Cllr. T. Quinn
Resolved:-
“That a Vote of Congratulations be extended to Mr. Henry Coyle, Doolough, Geesala, Ballina, Son of Councillor Gerry Coyle, on winning the World Welterweight Military Title and to Mr. Donal Barrett, Geesala, Ballina, on winning the World Police Boxing Championship, that an appropriate Function be held to honour Messrs. Coyle and Barrett and that the necessary expenditure be hereby approved”.
Proposed by Cllr. J. Mellett
Seconded by Cllr. J. Maloney
“That arrangements be made to hold a Meeting of the Council on board the “L.E. Eithne”.
Conference – Dublin – 8th and 9th September, 2005.
Proposed by Cllr. E. Staunton
Seconded by Cllr. S. Weir
Resolved:-
“That Cllr. M. Mulherin be nominated to attend Intensive Course on Planning Law to be held in the Davenport Hotel, Dublin, on 8th and 9th September, 2005”.
NOTICES OF MOTION.
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It was agreed to defer Notices of Motion (a) to (c) inclusive, as listed on the Agenda, to the September Meeting of the Council.
Cllr. G. Coyle requested clarification from the Cathaoirleach as to what Motions were resolved in relation to the release of the Rossport Five and related matters. Following some debate, it was -
Proposed by Cllr. J. Mee
Seconded by Cllr. P. McGuinness
Resolved:-
“That the Meeting briefly adjourn in order to allow the Whips to discuss the matter”.
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Following resumption of the Meeting, the Cathaoirleach ruled that the only Motion resolved in relation to the release of the Rossport Five and related matters, was the Motion proposed by Cllr. H. Kenny and seconded by Cllr. G. Coyle which reads:-
“This Council calls on An Taoiseach and Shell E & P Ireland Ltd., to explore all options to secure the immediate release of the Rossport Five and thereafter that the necessary examinations be undertaken to guarantee the safety of any proposed pipeline construction in accordance with
international standards and that a Delegation compring the County Manager, An Cathaoirleach and the Elected Members for the Belmullet Electoral Area meet with An Taoiseach and Ministers Mary Coughlan, Eamon O Cuiv and Noel Dempsey as a matter of urgency to discuss this matter”.
RESOLUTIONS OF SYMPATHY.
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Proposed by Cllr. G. Coyle
Seconded by Cllr. J. Mee
Resolved:-
“That the sympathy of the Council be extended to the Neill family, Foxford, on the death of Ivan Neill”.
Proposed by Cllr. M. Adams
Seconded by Cllr. A. McDonnell
Resolved:-
“That the sympathy of the Council be extended to the Hoban family, The Octagon, Westport, on the death of Haulie Hoban”.
Proposed by Cllr. M. Adams
Seconded by Cllr. A. McDonnell
Resolved:-
“That the sympathy of the Council be extended to the Warde family, Shop Street, Westport, on the death of Alan Warde”.
Proposed by Cllr. J. Mee
Seconded by Cllr. J. Cribbin
Resolved:-
“That the sympathy of the Council be extended to Mrs. Jo Kilcourse, 100, McHale Road, Castlebar, on the death of her Son, Christopher”.
Proposed by Cllr. M. McNamara
Seconded by Cllr. A. McDonnell
Resolved:-
“That the sympathy of the Council be extended to the Carty & McGinty families, Shraheens, Achill, on the death of Mrs. Anne Carty”.