Minutes of March Monthly Meeting of Sligo Borough Council held in the Council Chamber, City Hall, Sligo on Monday 1st March, 2010 at 8.00 p.m.

IN ATTENDANCE:

• Councillor J. McGarry, Mayor of Sligo (in the chair)
• Councillor D. Bree,
• Councillor D. Cawley,
• Councillor V. Cawley,
• Councillor J. Devins,
• Councillor A. Gibbons,
• Councillor T. McLoughlin,
• Councillor C. MacManus,
• Councillor M. Lyons,
• Councillor R. O’Grady
  

OFFICIALS PRESENT:

• Mr Hubert Kearns, County Manager
• Ms. Paula R Gallagher, Acting Director of Services
• Ms. Mary Blowick, Meetings Administrator
  

APOLOGIES:

• Councillor S. MacManus
• Councillor M. McGarry
  

1. BULLYING INVESTIGATION

The County Manager Mr. Hubert Kearns informed the meeting that an investigation into 13 no. allegations of bullying, harassment and inappropriate behaviour made by a number of staff members against Councillor Declan Bree has taken place.  The investigation was carried out by independent investigators who set about establishing the facts of the case and to make appropriate recommendations.  The investigators made three recommendations and concluded that bullying had occurred in respect of three staff members and that the other staff members were subjected to inappropriate behaviour which undermined their right to dignity at work.
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The County Manager outlined the recommendations of the investigators.

1. Firstly, I have instructed the complainants not to engage with Councillor Bree in any manner pending an acceptable resolution of the matters at issue.  Councillor Bree has also been informed of this instruction.
2. Secondly, That the Mayor of Sligo Borough Council  be provided with proper training to detect and enforce the Code of Conduct for Councillors
3. Thirdly, that a Standards Board for Ireland be established to promote and maintain standards of conduct for Elected Representatives of all Local Authorities and to investigate complaints for breaches.

The County Manager continued by saying that in accordance with the recommendations and in order to address his statutory duty of care to staff he had to put certain measures in place whereby the staff members concerned would not be in a position to attend Council meetings and all of the staff involved would have no contact with Councillor Bree.

The County Manager also brought to the Members attention a letter received from SIPTU- the Union representing senior technical staff of the Council and its recommendation that their members were also to have no contact with Councillor Bree.

As a result of the above recommendations, the County Manager informed Members that due to the number of staff affected and who now would not be in attendance at Council Meetings, it would not always be possible to directly answer Members Queries.  He stated that Under Section 137 of the Local Government Act he as County Manager would answer queries to the best of his ability.

Councillor Declan Bree stated that he stood over everything he said in the lead up to the formal investigation.  He also said that he would not be withdrawing his comments.

He continued by saying that he  had highlighted at a Borough Council meeting in November 2008 a proposal by the Borough Council to contribute €1.3m to a development which included a proposed bridge across the Garavogue river.  This project was part of a private Developer’s project and he felt it was totally inappropriate for the Council to be making such a contribution to a private Developer.  As a result of his comments, some members of staff had taken issue with his remarks and an investigation into bullying had taken place.  He stated that in his opinion the Investigation was flawed as the County Manager had met the Investigating persons prior to any appointment being made by the Council.  He further stated that he had no intention of apologising on the issue.

Councillor Chris MacManus raised concerns regarding the matter and asked that it be put on record “that while he respected the County Manager’s role to protect the staff of the Borough Council, it will not inhibit our entitlement to ask questions”.

All of the other members expressed their fears that the matter is detracting from the business of the Borough Council.

Councillor Bree referred to a meeting in February between the County Manager, Acting Director of Services and Party Whips where allegations were made that councillors had intimidated Council staff in their offices and had also intimidated members of staff by email.  Councillor Bree said the allegations should either be substantiated or withdrawn.  Other members also expressed concern regarding these allegations.  The Acting Director of Services told the meeting that no complaints of intimidation had being received.  She said the only complaints received related to the allegations of bullying and inappropriate behaviour made against Councillor Bree which the County Manager had reported on.

2. CONFIRMATION OF MINUTES

On the proposal of Councillor Chris MacManus, seconded by Councillor Matt Lyons minutes of meeting being:

• February Monthly meeting of 15th February 2010
• Minutes of Programme 4.5.8 of Budget 2009 of 17th February 2010
• Adjourned February Monthly Meeting of 22nd February 2010

were unanimously adopted and signed by the Mayor.

3. TO SEEK APPROVAL FOR OVER-DRAFT ACCOMMODATION FOR THE SIX MONTH ENDING 30TH SEPTEMBER 2010

A report from the Head of Finance was circulated with the Agenda on 23rd February 2010.  On the proposal of Councillor Matt Lyons, seconded by Councillor David Cawley it was unanimously 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 Borough Council hereby authorises the borrowing of a sum not exceeding €6.35m by way of temporary overdraft for the 6 months ending on 30th September 2010.”

4.  SLIGO TOWN CENTRE DEVELOPMENT

Paula R Gallagher, Acting Director of Services informed the meeting that there was no further progress to report  since the update given to Members at the adjourned Borough Council Meeting of the 22nd February, 2010.

5. DEVELOPMENT LEVIES

This item was deferred to the April monthly meeting of the Borough Council.

Deputy Mayor Councillor Jude Devins took the chair at 9.25pm.

6.  DEFERRED NOTICE OF MOTIONS

No.’s 6, 7, 8, 9, 10, 11, 12, 13, 17, 20, 21 and 24 were deferred.

7. CLOSING OF O’CONNELL STREET TO TRAFFIC

The following motion received from Councillor Veronica Cawley fell as there was no support for same “that O’'Connell Street be closed to vehicular traffic on Saturday and Sunday’

8. BLOCK GRANT - THORNHILL

On the Proposal of Councillor Rosaleen O’Grady, seconded by Councillor David Cawley it was unanimously agreed “That Sligo Borough Council allocate € 10,000 from the Block Grant 2010 for the upgrading of footpath and roads at Thornhill”

Members noted the report from Anthony Skeffington SEE, on the matter.

9. PUBLIC TOILETS

On the proposal of Councillor Matt Lyons seconded by Councillor Tony McLoughlin and agreed
“In view of the fact that Sligo is the only city in the Country without a public toilet – and given the embarrassment that this is causing - I am requesting that the Borough Engineer to bring proposals before this Council to provide at least one new public toilet in Sligo”

Members noted the report from Anthony Skeffington SEE, on the matter

10. BLOCK GRANT – ST. PATRICK’S TERRACE AND PEARSE ROAD

On the proposal of Councillor Chris MacManus seconded by Councillor Rosaleen O’Grady
McLoughlin and it was unanimously agreed “To ask the Borough Council executive to allocate funding from the Block Grant 2010 or any other relevant revenue source for provision of a pedestrian crossing between St. Patrick’s Terrace and Temple Street adjacent to the entrance of the Fairgreen Recreational Facility.

Further, to ask for an up-to-date report on the need for provision of other pedestrian crossings along the Pearse Road\MCR\Temple Street traffic corridor”.

Members noted the report from Anthony Skeffington SEE, on the matter

11. CRANMORE REGENERATION

On the proposal of Councillor Declan Bree seconded by Councillor Chris MacManus and it was unanimously agreed “That the Council be provided with a breakdown of monies spent each year in the period 2004 to date as part of the Cranmore Regeneration project including sums spent on consultants, persons/firms providing professional services, and that the sources of the funding also be provided in the report.”

12. RATHBRAUGHAN PARK

On the proposal of Councillor Matt Lyons seconded by Councillor David Cawley and it was unanimously agreed “What measures are they taking to prevent illegal dumping in Rathbraughan Park”

On the proposal by Councillor Matt Lyons seconded by Councillor David Cawley and it was unanimously agreed “What action are they taking to prevent stray horses from soiling the roads, footpaths and green areas in Rathbraughan Park”

13. HEAD SHOPS

On the proposal of Councillor Declan Bree, seconded by Councillor Veronica Cawley and it was unanimously agreed“That this Council calls on the Government to introduce as a matter of urgency the necessary legislation for the strict regulation of what are termed “head shops” and the substances sold in these outlets.”

14. DOORLY PARK MAISONETTES

On the proposal of Councillor Tony McLoughlin seconded by Councillor Chris MacManus and it was unanimously agreed “That Sligo Borough Council prepare a plan for the Department of the Environment and request an allocation for works to be carried out on the Doorly Park Maisonettes.

15. BLOCK GRANT – CIRCULAR ROAD

On the proposal of Councillor Tony McLoughlin seconded by Councillor David Cawley “That the pedestrian crossing be provided on Pearse Road / Circular Road junction as a matter of urgency from the 2010 Block Grant”

16. BLOCK GRANT – FATIMA AVENUE, CLEVERAGH ROAD AND TONAPHUBBLE ROAD

Proposed by Councillor Tony McLoughlin seconded by Councillor Matt Lyons “That a sum of € 10,000 be allocated from the 2010 Block Grant for the footpath repairs, lighting, repair works to Fatima Avenue, Cleveragh Road, Tonaphubble Road”

17. DATE OF GENERAL PURPOSE MEETING

It was unanimously agreed to defer the March GP meeting from Monday March 15th to Monday March 22nd, 2010.

18. VOTES OF SYMPATHY

The sympathy of the Council was extended to the following:

• Mrs Mai Lambert on the death of her husband Eugene Lambert, Dublin.
• Mrs Siobhan O’Dea on the death of her mother Joan Dooney, Circular Road, Sligo.
• Mrs Patricia Harte on the death of his son George Harte of St Brigids Place, Sligo
• Mr Philip Ward on the death of his mother Mrs Nancy Ward, Fatima Avenue, Sligo.

This concluded the business of the meeting which ended at 10.25pm