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Minutes of June Monthly Meeting of Kilrush Town Council held on the 10th June 2010 at 6.00 p.m. in the Council Chamber, Town Hall, Kilrush

Presiding:

Cllr. Marian McMahon-Jones, Méara.

Councillors present:

Paul Moroney, Liam Williams, Ian Lynch, Tom Clyne, Tom Prendeville, Stephen O'Gorman, Liam O'Looney, Mairead O'Brien.

Officials present:

Ms. Nora Kaye, Director of Service & Town Manager.
Mr. John Corry, Town Clerk.
Ms. Colette Costelloe, Staff Officer.
Ms. Geraldine Quinn, Assistant Staff Officer.

Item No. 1: Adoption of Minutes of May Monthly Meeting of Kilrush Town Council held on the 13th May 2010 at 7.00 p.m.

Ar Moladh Cllr. Clyne cuidithe ag Cllr. Prendeville:-

The Minutes of the May Monthly Meeting were duly adopted.

Matters Arising

The Town Clerk was asked for an update on John Paul Estate and he confirmed that tenders have been received for the Quantity Surveying services and Mechanical & Electrical services contracts and letters of intent have issued.  He confirmed that by Friday week the Manager's Order should be signed, appointing them.
The Town Clerk was then asked for an update on 1 St. Senan's Terrace and he confirmed that Kilrush Town Council tendered for this job last October, but were now seeking official outstanding documentation from the third contractor as both the first and second contractors withdrew from contract due to personal circumstances.  The Town Clerk confirmed that this matter was being progressed.

Item No. 2: Adoption of Minutes of Special Meeting of Kilrush Town Council held on the 6th May 2010 at 9.30 a.m. in Kilrush Community School.

Ar Moladh Cllr. Williams cuidithe ag Cllr. O'Brien:-

The Minutes of the Special Meeting were duly adopted.

Item No. 3: Tidy Towns Deputation.

The Mayor welcomed Des Jennings, Mary O'Mahony and Sean Moran on behalf of Kilrush Tidy Towns Committee.
Des Jennings thanked the members for allowing them the opportunity to address the meeting.  He said he wanted people to be aware of Kilrush Tidy Towns and briefed the members on 1) Derelict Buildings; 2) Moore Street; 3) Litter Control; 4) Sensory Garden and 5) Kilrush Youthreach.  Mr. Jennings stressed that with the derelict buildings in the town Kilrush would not achieve the overall prize which would be achievable with Kilrush only 7 marks away.  With regard to the condition of Moore Street he requested the members individually make representations to the NRA for necessary works.  The Tidy Towns deputation welcomed the announcement by the Town Clerk of the availability of the street cleaners in the town for July and August on Saturdays, Sundays and Bank Holidays.  Mr. Jennings concluded by saying that Kilrush Tidy Towns would like to meet twice yearly with the members of the council.  Mary O'Mahony then addressed the members saying that they had three years to make their plan work and if Kilrush achieved the overall prize a hotel would be very badly needed in the town.  She concluded by thanking Kilrush Town Council for their generosity and support. 
The members collectively commended Kilrush Tidy Towns for their tremendous work and wished them well for 2010.  Cllr. Prendeville suggested that the street cleaners be in place also for the remainder of the month of June and furthermore that re-consideration be given to the location of the Sensory Garden due to flooding at the proposed location opposite the Mart on the Cappa Road.  Cllr. Williams requested that the clean-up after horse fair days needed to be undertaken quicker as Frances Street was in a terrible condition after the last fair.  Cllr. Moroney suggested to the deputation that perhaps for next year the Tidy Towns meetings could be held at a later time of 6.00 p.m. as 5.00 p.m. was too yearly in the working day.  The Manager and Town Clerk echoed the sentiments of the members and the Town Clerk commended Martina Troy and her FÁS team for their work with Tidy Towns.  He further confirmed that dealing with derelict sites was a lengthy process which was currently being worked on.
The Mayor concluded by advising that a meeting had taken place with Minister Tony Killeen in an effort to move forward Moore Street works, but nothing would happen this year.  She said that hopefully next year funding would be received for these necessary works.

Item No. 4: Annual Financial Statement.

The town clerk briefed the members on the Annual Financial Statement for the year ended 31st December 2009 which had been circulated and advised that approval was required for (1) adoption of the AFS for Kilrush Town Council, (2) transfers to reserves, (3) approval for over-expenditure and (4) adoption of the AFS for Cappa Pier Harbour Authority up to 31st January 2009. 
Cllr. Williams sought an update on the Knockerra Lake matter and the Town Clerk confirmed that the landowners had been written to and based on some of the responses received he had referred them for legal advice.  However, he said that it would be prudent to set aside funding for the project and that feedback from some of the landowners was positive.
The Town Clerk proceeded with the resolutions as follows :

Ar Moladh Cllr. O'Gorman cuidithe ag Cllr. Prendeville :-

The following Resolution was duly adopted :
"That the council hereby adopt the Annual Financial Statement for Kilrush Town Council for the year ended 31st December 2009."

Ar Moladh Cllr. O'Looney cuidithe ag Cllr. Clyne :-

The following Resolution was duly adopted :
"That transfers to reserves in the amounts set out below are hereby approved for the year ended 31st December 2009 -
Works to entrance to Vandeleur Walled Garden - €15,000
Knockerra Lake Project - €10,000
Capital Payment to Corporate Loan - €50,000"

Ar Moladh Cllr. Moroney cuidithe ag Cllr. O'Brien :-

The following Resolution was duly adopted :
"That pursuant to the provisions of Section 104 of the Local Government Act 2001, additional expenditure in the amounts set out below is hereby approved for the year ended 31st December 2009-
Environmental Services - €834
Agriculture, Education, Health & Welfare - €16,260
Miscellaneous Services - €44,673"

Ar Moladh Cllr. Williams cuidithe ag Cllr. Lynch  :-

The following Resolution was duly adopted :
"That the council hereby adopt the Annual Financial Statement for Cappa Pier Harbour Authority up to the 31st January, 2009."
The Town Clerk and Colette Costelloe were commended for their handling of Kilrush Town Council finances.  The Manager pointed out that the collection accounts for Kilrush were probably the best in the county and commended all involved.

Item No. 5: Overdraft Accommodation for 6 month period from 1st July 2010 to 31st December 2010.

Ar Moladh Cllr. Prendeville cuidithe ag Cllr. Williams:-

The following Resolution was duly adopted :
"That the Council hereby approves of the temporary borrowing by Kilrush Town Council in the sum of €100,000 for the Town Council's Municipal Account, €30,000 for the FÁS Job Initiative Account, €25,000 FÁS Rate for the Job Project Account and €20,000 for the Vandeleur Walled Garden Enterprises Ltd. Account for the period 1st July 2010 to 31st December 2010."

Item No. 6: Regional Homeless Framework Plan.

The Manager and the Town Clerk referred the members to the Briefing Note on the Homelessness Action Plan which had been circulated with the agenda and pointed out that it was for noting purposes only and the members would be kept briefed on the matter.

Item No. 7: Ar Moladh Cllr. O'Looney cuidithe ag Cllr. Prendeville:-

“That this council would write to the Minister for the Environment to allow this council introduce  a Tenant Purchase Scheme for our housing stock."

In a written reply circulated dated the 9th June 2010 the John Corry, Town Clerk reported that :

"Kilrush Town Council already have a Tenant Purchase Scheme in place which was adopted by the Members in June 1995.The scheme was introduced to enable Local Authority Tenants to purchase their homes at a reduced price. The present Sales Scheme was incorporated into legislation in 1995 and amended the previous 1993 Scheme. Tenants of a local authority house for at least one year may apply to the relevant local authority to purchase the house they are occupying. The price of the house will be its market value, as determined by the local authority, in its existing state of repair and condition, less discounts. The structural condition of the house is taken into account and any increase in the market value due to improvements made to the house by the tenant will be disregarded in calculating the price. The discount is 3% of the value of the house for each year of tenancy of a local authority house (up to a maximum of 10 years), plus €3,810."

Following discussion it was agreed that a housing meeting needed to take place to discuss John Paul Estate.  Furthermore, rents and house prices would need to be looked at in an effort to encourage tenants to purchase their houses to achieve a good community spirit.  It was suggested that local officials carry out an informal survey of tenants to ascertain if a once-off offer was put in place would it encourage them to avail of the Tenant Purchase Scheme.  The Manager agreed that the way forward was to hold a housing meeting as suggested.

Item No. 8: Ar Moladh Cllr. O'Looney cuidithe ag Cllr. Moroney:-

“That this council would look favourably on allowing a Community Notice Board in the town centre."

In a written reply circulated dated the 10th June 2010 John Corry, Town Clerk reported that :
"The Council would welcome the development of a Community Notice Board in the town centre and would support and facilitate the erection of same.

Such a Community Notice Board would fall under Exempted Development under Section 4(d) or 4(f) of the Planning and Development Acts 2000-2007 
However, the town centre is within the Architectural Conservation Area (ACA), and if the proposed subject notice board would materially impact on the ACA area, a Part 8 Application may be required.  Policy ENV 13: Development in Architectural Conservation Areas of the Kilrush Development Plan refers:

Policy ENV 13: Development in Architectural Conservation Areas

Proposals for development in Architectural Conservation Areas that involve the new build, reuse, change of use or extension of buildings and structures will only be considered where it can be clearly demonstrated that such development will:
a)    Respect the scale, massing, proportions, design and materials of existing structures and  reflect the character of the area and its streetscape; and
b)   Retain important exterior architectural features that contribute to the character and appearance of the Architectural Conservation Area.

It would be helpful to get details on the proposed size & style of the notice board so we can advise further."
The members welcomed the idea of this noticeboard as it would be a great way of getting news out to the public.  Cllr. O'Brien pointed out that organisations /committees were already putting their information/schedules in windows displays around the town.  Following discussion it was agreed that the Town Clerk liaise with Planning, Architects and Conservation Officer regarding this noticeboard in an effort to ascertain what would be acceptable.

Item No. 9: Ar Moladh Cllr. O'Looney cuidithe ag Cllr. O'Gorman:-

“That this council would look at moving the Eircom Phone Booths in Frances Street as they are an intrusion on the business shop window behind them."

Cllr. O'Looney advised that he had tabled this motion following a request to do so from the business person whose shop is located behind the phone booths in Frances Street.  He said that the business person felt that the shop was not being noticed because of the location of the said phone booths. 
During discussion it was suggested that the phone booths be reduced down to one booth and that perhaps a usage report be sought from Eircom.  However, concern was then expressed that if attention was brought to the booths that Eircom might remove them altogether which the members would not like to see happen as they are the only remaining public phone booths left in the town. 
It was agreed to invite Eircom to address a meeting of Kilrush Town Council regarding these phone booths.

Item No. 10: Ar Moladh Cllr. Prendeville cuidithe ag Cllr. Moroney:-

“That this council would ask the Manager and Town Clerk to operate a members motions register commencing June 2009 and concluding June 2014 that would record the sponsor and wording of each motion, the reply to the particular motion including a projected timescale for the implementation of the matter requested in the motion and any other significant information relating to each motion submitted by the elected members."

Following discussion it was agreed that this register would be put in place to keep members informed of progress on motions submitted by them and also to ensure that agreed actions are followed through.  Cllr. Lynch suggested that this could be taken a step further where the Mayor could produce a leaflet at the end of his/her term of office detailing achievements over past 12 months.

Item No. 11: Ar Moladh Cllr. Prendeville cuidithe ag Cllr. Lynch:-

“That Kilrush Town Council would enlist the services of Clare County Council Heritage Officer, Congella McGuire, to assist in the drawing up of a Biodiversity Plan for Kilrush Town environs for the period 2009-2014 in order to raise public awareness of the wealth of our natural heritage in the urban area and where it can be seen and enjoyed and preserved for future generations."

In a written reply circulated dated the 10th June 2010 Congella McGuire, Heritage Officer reported that :
"Clare County Council have employed a Biodiversity Officer, Shane Casey on a temporary basis.
Both myself and Shane Casey have attended meetings to advise Kilrush Tidy Towns and other interested groups on matters relating to biodiversity and have written back to the group with recommendations on biodiversity for the town.

I have also included actions in the Clare Heritage Plan which will be valuable to Kilrush over the next number of years, as follows

  1. Promote and provide training opportunities for the public, community groups, Tidy Towns, developers, agents, contractors, Rural Social Schemes on relevant aspects of heritage.
  2. Fully develop the co-ordination and advisory role of the Clare Heritage Forum and Clare Biodiversity Ltd to facilitate community groups and best practice in heritage policy and management. 
  1.  Liase with other organizations, communities and landowners to develop a network of themed heritage trails, long and short distance circular walking routes in the county. Including access to the coast, waterways and green roads in the Burren and where feasible consider bridle paths and cycle paths.

I hope to be able to continue to support Kilrush Town Tidy Towns in their endeavours to improve access to biodiversity of the town and assist where possible to gain resources to achieve this aim.

The Heritage Officer work programme for 2010 is under way, however I welcome suggestions to further support the Tidy Town efforts again in 2011."
Cllr. Prendeville acknowledged the reply and suggested that in 2011 a booklet could be produced by Kilrush Town Council in conjunction with Congella McGuire and Shane Casey.

Item No. 12: Ar Moladh Cllr. Prendeville cuidithe ag Cllr. Williams:-

"That this council would be associated with votes of congratulations to Jack Dunleavy, Moore Street who celebrates his 100th birthday on today Thursday, June 10th.  Go ndéarna an comhairle seo rún chomhghairdis le Seán Ó Dúnshléibhe, Uasal, Sráid Uí Mhórdha, as ucht taghtha dó le chéad bliain d'aois."
All members extended best wishes to Jack Dunleavy on the occasion of his 100th birthday and it was agreed that a letter of congratulations would issue to him.

Item No. 13: Ar Moladh Cllr. Lynch cuidithe ag Cllr. Moroney:-

"That this council would look at introducing a rates incentive scheme for vacant commercial property to encourage new occupancy and further businesses to the Kilrush Town."
Cllr. Lynch said that he would like to see a three year incentive scheme introduced because with the current market it would be very hard to attract businesses to the town. 
In a written reply circulated dated the 10th June 2010 John Corry, Town Clerk reported that:
"Commercial rates are levied on the occupiers of commercial property. The valuation of such property for rating purposes is carried out by a central government agency, the Valuation Office, with a right of appeal to a Valuation Tribunal. Each year the level of the rate (known as the Annual Rate on Valuation or ARV) is determined by the elected council as part of the budgetary process. The annual rates bill for a commercial premises is calculated by applying this ARV to the valuation of the property concerned. Kilrush Town Council therefore have no discretion to introduce a rates incentive scheme for vacant commercial property as it has no control over the setting of the valuation for property."
Cllr. Williams enquired if a derogation of rates for a period of 6 months could be introduced and the Town Manager confirmed that the members could pass a Resolution in this regard and send it to the Department.
The Town Clerk reiterated that Kilrush Town Council have no discretion to introduce a rates incentive scheme and it was pointed out to the members that Kilrush Town Council have many forms of payment in place to help businesses make payments.

Item No. 14: Ar Moladh Cllr. Lynch cuidithe ag Cllr. O'Looney:-

"That council would consider the promotion of the Town's walking trails and access to Kilrush Wood from the town centre by introducing a colour coded ground marking scheme along the routes of walkways."
Cllr. Lynch complimented Flan Carmody on his recently organised Family Day.
In a written reply circulated dated the 9th June 2010 Siobhán Garvey, Marketing & Development Officer reported that :
"Kilrush is fortunate to have such a large and beautiful wood situated at such a close proximity to the Town Centre.  The Town is even more fortunate to have the beautiful Vandeleur Walled Gardens and Centre situated at the centre of these woods.  The Vandeleur Walled Garden remains a top priority when the Town Council engages in any tourism promotion and Kilrush Town Council recently invested in resurfacing the roadway leading from the main road in through the Woods to the car-park. This roadway leading into the Vandeleur Walled Demesne forms part of the extended new Historic Town Trail route. 
At present the Woods including the roadway leading into the Vandeleur Walled Garden remains the property of Coillte.  At present, Coillte do not provide designated, signposted walking routes or specific trails within the Woods area.  Contact will be made with Coillte to investigate if they have any future plans to provide any walking trails within the woods."
Following discussion the Town Clerk confirmed that this request could certainly be explored and he undertook to liaise with Derek Troy, Town Engineer regarding this walk-line.

Item No. 15: Correspondence

The following correspondence was read and noted :
Letter dated May 2010 from Minister Tony Killeen, together with copy letter dated the 4th May 2010 received by him from the Department of Health & Children regarding health services in West Clare.
Letter dated 6th May 2010 from Shannon Town Council regarding mortgage arrears.
Letter dated 12th May 2010 from Wexford County Council regarding Emergency Towing Vessels.
Letter dated 17th May 2010 from Macroom Town Council regarding Development Charges.
Letter dated 14th May 2010 from Castleblaney Town Council regarding residential mortgage holders.
Letter dated 14th May 2010 from Monaghan Town Council regarding rates.
Letter dated 11th May 2010 from the Office of the Minister for the Environment, Heritage and Local Government regarding 'Head Shops'.

Item No. 16: Conferences

With regard to seminars/conferences attended, reports completed in accordance with Section 142 of the Local Government Act 2001 were made available at the meeting in respect of :

There were no conferences/seminars attended.

The Mayor informed the members that the closing date for receipt of applications for the Cissie Roughan Awards and the Mayoral Special Endeavours Awards was being extended for possibly another week.  It was agreed that more publicity was needed and the extension of time needed to be highlighted.  The Town Clerk undertook to give an update at the AGM on the 17th June 2010.

The Mayor referred the members to the White Paper regarding the abolition of town councils and she confirmed that the AMAI have called on all members to approach their TDs, Ministers, etc. to ensure that this does not happen.

Votes of Sympathy:

It was agreed that a vote of sympathy should issue to the following :-
Mrs. Lily O'Donoghue and family, Cahercalla, Kilrush, Co. Clare on the death of her husband Mr. Patsy O'Donoghue.
Ms. Bernie McMahon and family, Tullabrack, Kilrush, Co. Clare on the death of her husband Mr. Michael McMahon.
Ms. Ann Vaughan, Doonbeg Road, Kilrush, Co. Clare on the death of her husband Mr. Jim Vaughan.

The meeting then concluded.

Signed : Cllr. Liam Williams, Mayor
Signed : John Corry, Town Clerk

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