Minutes of November Monthly Meeting of Kilrush Town Council Held on the 9th November 2006 at 4:00 p.m. in the Council Chamber, Town Hall, Kilrush
In Attendance:
- Cllr. Stephen O'Gorman, Méara.
- Comhairleoirí: Tom Prendeville, Deirdre Culligan, Colie Sweeney, Marian McMahon-Jones, Liam O'Looney, Tom Clyne, Christy O'Malley, Jack Fennell.
- Mr. Tom Carey, Director of Service & A/Town Manager
- Ms. Siobhán Curran, A/Senior Staff Officer.
- Mr. James Clune, John Paul Estate Project Manager.
- Mr. Steve Lahiffe, Executive Engineer
- Ms. Geraldine Quinn, Assistant Staff Officer.
- Adoption of Minutes of October Monthly Meeting of Kilrush Town Council held on the 12th October 2006 at 4:00 p.m.
Ar Moladh Cllr. Christy O'Malley cuidithe ag Cllr. Colie Sweeney:-
The Minutes of the October Monthly Meeting were duly adopted.
Matters Arising :
S Curran, A/Senior Staff Officer advised the members that a meeting is scheduled for 16th November at 4:00 p.m. to meet the Chamber of Commerce to discuss Christmas lighting. It was agreed that this meeting would have to be re-scheduled as a number of councillors will not be available on the 16th. The A/Senior Staff Officer is to liaise with the Chamber regarding re-scheduling.
Cllr. O'Looney made reference to an article which appeared in local papers regarding Christmas lights and felt that these articles contained some inaccuracies and were unhelpful. Cllrs. O'Looney, Culligan and McMahon-Jones advised that the ratepayers who are members of the Chamber would support a proposed increase in rates linked to the lights upgrade. Cllr. Prendeville expressed his dissatisfaction and stressed that not all ratepayers were members of the Chamber.
- Attendance of Superintendent Joseph McKeown
The Superintendent advised the members that the Kilrush (Regulation and Control of the Consumption of Intoxicating Substances in Public Places) Bye-Laws 1998 would appear to be adequate and can be enforced, but people need to be made aware of its existence, with the erection of relevant signage, etc. He also advised that public houses need to comply with the bye-laws. He further advised that a process is in place for linking up with new workers in Moneypoint for briefing sessions when they arrive and he would now include these Bye-Laws in his presentation. He further advised that alcohol has been seized from people in public places in recent times. Following discussion it was agreed that the current bye-laws need to be reviewed. It was agreed to circulate them to the Vintners and the Chamber for preliminary consultation. It was agreed that a sub-committee will be formed in December to deal with this review.
The Superintendent gave the figures for speeding offences over the last six months. He also gave some annual figures for drink driving offences resulting from random checks.
The Superintendent advised the members that in October there were 3 seizures of fireworks. Over the Halloween period a number of complaints were received by the Gardaí and a patrol car was dispatched.
With regard to horse fairs, the Superintendent requested that he be notified of the dates for the horse fairs and that a meeting could take place a few days in advance of the fair between the Superintendent and a representative of the Council to plan for fair days. He advised that he would propose putting out cones or tape to deter parking in prohibited areas to assist in regulating fair days.
Following discussion, it was agreed that the Casual Trading Sub-Committee should be reactivated.
The Superintendent then advised the members that he wanted to reject a statement appearing in The Clare People - "West Clare Crime Capital of County" and assure them that the Superintendent's office was not responsible for this statement. He stated that Kilrush had in fact one of the lowest crime rates in the county. The mayor and members thanked Superintendent McKeown for his attendance at the meeting.
- Update on Census figures by Michael Neylon, Research Co-Ordinator, Clare County Council.
Michael Neylon thanked the members for affording him the opportunity to address the meeting. He outlined population changes from 1996-2002 and from 2002-2006 and advised that the economic driver responsible for these changes is in modern manufacturing and services. Mr. Neylon confirmed that Cappa was included in the Kilrush urban area.
Following further discussion Mr. Neylon confirmed that he will come back to the members when the breakdown of the 2006 townlands figures become available which, he expects, will be between April and September 2007. The mayor and members thanked Mr. Neylon for his presentation.
- John Paul Estate Regeneration
The Acting Town Manager, Mr. Tom Carey, introduced Mr. James Clune, John Paul Estate Project Manager.
In a written report dated the 9th November James Clune, John Paul Estate, Project Manager reported that:
"I wish to take this opportunity to introduce myself to the Elected Members as Project manager of John Paul Estate Regeneration Project. I have previously worked in Clare County Council and Ennis Town Council and believe that the experience I gained in housing and in Town Local Government will assist in my current role.
Premininary Works
As part of the initial stage of the regeneration project the Department of Environment, Heritage and Local Government approved funding towards preliminary works in 2005. The following is an update on these works:
Windows and Doors: Substantially Completed
Attic Insulation: Substantially Completed
Street Lighting: Completed
CCTV: Civil Works Completed. Poles in place. System will be operational within a week.
Landscaping: This work will commence in early December
The site sign for the regeneration project has been erected.
Pilot Phase
Approval was granted by the department of Environment, Heritage and Local Government to proceed to the planning stage of the pilot project in December 2005. Subsequently Part 8 approval was granted by the Elected Members in May 2006 for the pilot phase of the regeneration scheme. This comprised 28 existing dwellings, namely 1 to 16 Willow Green, 1 to 8 Willow Green and 1 to 4 Sycamore Drive. The closing date for receipt of tenders for the appointment of a main contractor for these works is Friday 24th November. It is intended to have a contractor appointed and works commenced early in 2007. The contract period will be approximately 18 months.
Due to the nature of the regeneration works it will be necessary to relocate some houses during the pilot phase. All households have been corresponded with and discussions with the individual household in relation to the relocation are ongoing.
I have also met the John Paul Estate residents representatives who were very positive in relation to the regeneration works.
There will be ongoing promotion and publicity in relation to the regeneration scheme. The launch of CCTV will be highlighted over the coming weeks."
The John Paul Estate Project Manager was asked if a notice to quit had been served in relation to Nos. 9 & 15 Willow Green and he confirmed that it had not. It was clarified that two temporary tenancies given to the Good Neighbour Project pending the start of the refurbishment programme were now being reviewed to facilitate the pilot phase. Both houses are in the pilot phase. The project had been met regarding arrangements and it had been confirmed to the project that their work would be facilitated using other community space. John Paul Estate manager informed the members that a further meeting was scheduled with this group on Tuesday of next week and he advised members that the continuation of the work would be facilitated using other community space in John Paul Estate, in the context of the overall regeneration. The mayor also confirmed that the community centre and the Resource House could facilitate the work. It was agreed that there would be a further dicussion at a housing sub-committee meeting.
- Set date for RIMS meeting
It was agreed that the next RIMS meeting would be held on Wednesday 29th November, 2006 at 4:00 p.m.
- Set Date for Pre-Budget Meeting
It was agreed that the pre-budget meeting would be held on Thursday 23rd November, 2006 at 4:00 p.m.
- Review of Kilrush Development Plan
In a written reply dated the 6th November 2006 the town manager reported that:
"Introduction
The Kilrush Development 2002 (as varied) is set to commence its full statutory review in accordance with the Planning and Development Act 2000, Section 11. This report sets out the processes involved and respective timescales in relation to the delivery of the new Development Plan required by March 2008.
Background
The current Kilrush Development Plan 2002 (as varied) was adopted on 14th February 2002, coming into effect on 14th March 2002. The current Plan expires on 14th March 2008 by which time the reviewed Plan needs to be prepared and adopted as the new land-use planning document for the Kilrush administrative area.
Processes
In the review of the Development Plan there are two statutory processes that are required to be undertaken by the Planning Authority:
The Development Plan Review Process as required by the Planning and Development Act 2000, Section 11.
The Strategic Environmental Assessment (SEA) Process as required by the SEA Directive (2001/42/EC). This has been a requirement since 21st July 2004 when it was transposed into Irish law and involves a detailed and comprehensive assessment of any significant environmental effects (both positive and negative) of the implementation of the Development Plan, in consultation with the Environmental Authorities. This is based on an assessment against specified criteria set out in the SEA Regulations 2004, which culminates in the production of an Environmental Report. The Environmental Report is required to accompany the Draft Development Plan when it is placed on public display for the public consultation period and should be integral in the decision making process in relation to the making of the Development Plan. There is a legal requirement to produce a statement which shows how environmental considerations, amongst other things, have been taken into account in the decision making process in the making of the Development Plan.
The two processes are required to be undertaken in parallel. The table below shows the key dates in relation to the most significant stages in the processes.
Date Development Plan Process SEA Process 10 November 2006 Public Notice of intention to review the Plan.
Public Consultation commences (8 weeks)15 January 2007 Public Consultation ends Early February 2007 Managers report to Council on submissions received 8 March 2007 Members direction to Manager on the submissions received End May/ early June ‘07 Draft Plan prepared for members consideration Environmental Report
Draft SEA StatementEarly/Mid July 2007 Adopt Draft Plan Mid July 2007 12 weeks public consultation begins Early October 2007 Public consultation ends November 2007 Manager’s report to members with recommendations to adopt the Dev Plan Early March 2008 Adopt Development Plan Early April 2008 New Plan Effective SEA Statement
The overall objective is to prepare a new Development Plan to be in place by 14th March 2008. In order to achieve this within the time available, where the legislation allows for discretion in relation to the length of time taken to complete certain stages of the process every effort will be made to ensure that the work is undertaken efficiently and effectively in the shortest time practicable. Co-operation from members in this regard is therefore required, in terms of adhering to decision-making time frames set, in order to ensure the new Plan is in place by the time the current Plan expires.
Commencement of Review – Next Steps
The formal public notice of intention to review the Plan is being issues in the local press on 10 th November 2006, which officially starts the pre-draft public consultation period of 9 weeks. During this period a public event will be held on 29th November 2006 at the secondary school in Kilrush. This will allow interaction between the public and members of the planning section imparting on the Development Plan review process and suggested issues that need to be considered in the review of the land-use plan. The information will be displayed visually with planning personnel on hand to provide additional information where necessary. Similarly it allows an opportunity to gain local input into identifying the key issues which the new Development Plan needs to address. A workshop in the evening will form part of the consultation event.The schools in Kilrush have been invited to participate in a project, which will encourage the input of the younger sector of the community, allowing them the opportunity to effectively engage in the process. The project outputs will form part of the display of information at the event on the 29th. In addition, meetings/workshops will be held with the key stakeholders in the town to gain an insight into their own particular issues.
Following the consultation period which is set to end on 15th January 2007 the Manager’s Report will be prepared on the pre-draft submissions for consideration. Following direction from the Council based on the Manager’s Report the drafting of the new Development Plan and Environmental Report will commence in March 2007 for completion by May/ June 2007.
The draft plan will then be placed on public display for public comment for 10 weeks where after the Manager will prepare a report for the Council. Members will have a further opportunity to input and adopt or amend the draft plan. In the event of any amendments being made to the draft plan these will have to be re- advertised prior to the final consideration of the adoption of the Development Plan and a Managers Report on any submissions received submitted to the Council for further consideration. The adoption of the final revised Development Plan shall not be later than the 14th March 2008.
Conclusion
The review of the Kilrush Development Plan is to be completed within a very tight time frame, and the members are requested to assist the Department in the attainment of the key time frames for decisions, in order that the final plan can be adopted by the statutory deadline, that being 14th March 2008. The preparation of the new Development Plan will be undertaken by the Forward Planning Section of the Planning Department where all available human and other ancillary resources will be made available to produce the new Development Plan which will facilitate the future sustainable development of Kilrush and provide key planning guidance for the town for the next 6 years and beyond."The members were satisfied with the reply. However, they requested that the public event be well advertised to ensure maximum public participation.
Ar Moladh Cllr. Prendeville cuidithe at Cllr. Culligan:
It was agreed that Standing Orders be suspended to allow for the remainder of order of business to be dealt with since the two hour duration limit of a meeting was 2 hours. - Consideration of submissions received for the location of the bronze head bust of Captain Kennedy
The submissions received had been circulated to members in advance. It was unanimously agreed that the bronze head bust be located in the Vandeleur Centre. It was also agreed to write a letter of thanks to each person for their worthwhile suggestions.
- Ar Moladh Cllr. O'Malley cuidithe ag Cllr. McMahon-Jones:-
"That this Council calls for the HSE-Mid West and the Dept. of Health to increase the allocated hours to Art Psychotherapy in the West Clare area."
Following discussion on the matter it was agreed that a letter should issue to the HSE/Dept. of Health to grant extra hours to Art Psychotherapy in the West Clare area.
It was agreed that Items 10 and 16 would be taken together.
- Ar Moladh Cllr. O'Gorman cuidithe ag Cllr. Prendeville:-
"That this Council would look at installing street lights in all parts of Kilrush Town."
- Ar Moladh Cllr. Prendeville cuidithe ag Cllr. O'Gorman:-
"To ask the Town Engineer to carry out a survey of public lighting in the urban area."
Following discussion on the matter it was agreed that new lights are needed in the town and also existing lights need to be upgraded for safety reasons. Wilson Rd, Limekiln Rd and Convent/Back Rd were identified as places in need of lighting.
The Executive Engineer advised the meeting that there is a limited budget every year for the provision of new lights. He confirmed that the council has now entered into a fixed price contract with the E.S.B. for repair and maintenance of public lighting. Inspections will be carried out by the E.S.B. every 2 weeks and repairs done within 10 working days. Mr. Lahiffe confirmed that the infrastructure is in place for the provision of lighting on the Ennis Road and the E.S.B. are being waited on to connect.
The Executive Engineer is to check lights on Crawford Street and also Wilson Road is to be looked at again regarding the provision of public lighting.
- Ar Moladh Cllr. O'Gorman cuidithe ag Cllr. Clyne :-
"That this Council would install traffic signage in Kilrush Town & ramps where necessary."
Following discussion on the matter it was agreed that speeding is a serious issue in particular parts of the town, i.e. Back Road, Island View, JPE, Crawford Street and Cappa. It was agreed that public consultation needs to take place as residents may not wish to have ramps installed in their areas.
The town engineer pointed out that ramps are not always the remedy. Carriage narrowing also needs to be considered. He advised that a pedestrian crossing is being considered for the area from O'Brien's shop and this would involve a ramp also.
- Ar Moladh Cllr. Prendeville :-
"To ask the Town Engineer to report to the members on the implementation schedule of the recently-adopted Kilrush Town Traffic Management Plan."
Following discussion it was agreed that a number of issues need to be addressed. Cllr. Prendeville recommended that a second part-time Traffic Warden is needed in the town.
The town engineer was commended on the work carried out at the Old Fire Station which gives a new car park to the town.
- Ar Moladh Cllr. Sweeney cuidithe ag Cllr. Prendeville:-
"That this Council would ask the Manager what the situation is regarding the proposal to extend the public car park at Place de Plouzane and whether that proposal includes the provision of a right-of-way for the residents of Vandeleur Street."
The town engineer advised that it is planned to extend the car park, subject to finance being available, and the plan would show pedestrian and vehicular access.
A/Town Clerk confirmed that court proceedings have issued with regard to a right-of-way dispute at the rear of Vandeleur St and thus this is sub-judice.
- Ar Moladh Cllr. Sweeney :-
"That all the elected members be briefed by the Executive Engineer about the traffic-calming measures proposed for Wilson's Road, Wood Road, St. Senan's Tce., Crawford Street, Lower Moore Street, Stewart Street and the Killimer Road and the current status of the Constraints Study being undertaken to provide a long-awaited by-pass of the town."In a written reply dated the 7 th November 2006 Stephen Abbey, Executive Engineer, Road Design Office, Clare County Council reported that :
"Following the Public Information Session held on Tuesday 3rd October 2006 at Kilrush Town Hall for the Proposed Traffic Calming Measures, the Road Design Office submitted a report on the public response to the proposals to the planner for Kilrush Town Council. It is now understood that a new Part VIII process will be needed, which will be administered by Kilrush Town Council.
Following the Public Information sessions held on Tuesday 10 th and Wednesday 11 th October 2006 in connection with the Constraints Study for the N68-N67 Link Road, the Draft Constraints Study Report is being finalized and will be available in a few weeks."
- Ar Moladh Cllr. Sweeney:-
"In the context of the welcome Comhaltas Outreach development underway at the former Church of Ireland building at Crawford Street, to ask this council to use its good offices to ensure that open public access be provided for the relatives of those buried in the cemetery that adjoins the building currently under renovation."
Following discussion on the matter it was felt that a turnstile or some form of public access should be provided to the cemetery at the former Church of Ireland. It was agreed to confirm if planning is an issue here. The council to facilitate communication with Comhaltas (Senator Labhrás O'Murchú), Rory Casey (Ennis contact.)
- "To ask the Manager to recommend the various options open to this council in the provision of essential services and amenities in the various council programmes through the Development Contribution Scheme Fund."
In a written report dated the 9th November 2006 Siobhán Curran, A/Senior Staff Officer reported that :
"At a special meeting held on Tuesday 9th March 2004, the elected members of Kilrush Town Council unanimously adopted the Kilrush Town Council Development Contribution Scheme under section 48 of the Planning & Development Act 2000.
This scheme enables Kilrush Town Council, when granting a planning permission under section 34 of the Planning & Development Act 2000, to include conditions requiring the payment of a contribution. This contribution is in respect of public infrastructure and facilities benefiting development within the Town boundary.
The adopted scheme makes provisions for payment of different contributions in respect of the following classes or descriptions of development; 1) Roads Infrastructure & Facilities; 2) Water Supply Infrastructure and facilities; 3) Sewerage & Drainage Infrastructure & Facilities; 4) Recreation & Community Facilities. 5) Open Space & Amenities
Appendix 2 of the adopted scheme provides an indicative project list under each of the above listed classes of development setting out the projects that can be delivered through collected contributions (see attached project List). For example under Open Spaces & Amenities the street names of Henry Street, Moore Street and Frances Street are listed as projects in addition to Riverside Walk and Public Open Space as per development plan.
I have set out below the monies collected and allocated to date under each class of development;
Planning Contributions Roads € 118,727.78
Planning Contributions Water € 25,526.34
Planning Contribution Sewerage € 74,770.86
(Water & Sewerage Contribs to be transferred to Clare Co. Co)
Planning Contributions Recreation & Comm Facilities € 51,425.20
Planning Contributions Open Space & Amenities € 26,047.97
I can also advise that prior to the adoption of the present Development Contribution Scheme in 2004, contributions were collected through planning applications but these contributions were unclassified in terms of the class of development. These contributions were receipted in the accounts of Kilrush Town Council as ‘Other’ and at this time total € 33,460.98. These are not covered under the present Development Contribution Scheme."
- Ar Moladh Cllr. McMahon-Jones :-
"That the Area Engineer clean and gravel the road at the back of the houses on Pella Road on the northern side as it is in an inaccessible condition."
Following discussion on the matter the town engineer agreed that this area is in poor condition. He confirmed that the council endeavour to include one to two back lanes every year for improvement works and consideration will be given to this area in the 2007 Roadworks Programme.
- Correspondence
The following correspondence was read and noted :
Preliminary Notice for Mid-West Regional Authority Conference to be held on 16 th February 2007 at the Woodlands House Hotel, Adare, Co. Limerick. Cllr. Prendeville proposed and Cllr. Sweeney seconded that Cllr. O'Malley should attend this conference on behalf of Kilrush Town Council.
Certificate of Appreciation from 2006 Clarecare Summer Programmes.
Votes Of Sympathy
It was agreed that a vote of sympathy should issue to the following :
- Noel Lane, Frances Street, Kilrush on the death of his brother Fr. John Lane.
- Fiona Mangan, Ennis Road, Kilrush on the death of her father John Mangan late of O'Gorman Street, Kilrush.
- Patrick Miniter, Granatooha, Knockerra, Kilrush on the death of his wife.
Cllr. Prendeville referred to upcoming Remembrance Day Service and enquired if any allocation under the Assistance to Projects grants scheme would be made available to assist with funding. The A/Town Clerk advised that some groups had not drawn down their allocations as yet. She would review file re outstanding monies.
The meeting then concluded.
Signed : ______________________________
Cllr. Stephen O'Gorman
Mayor
Signed : ______________________________
Siobhán Curran
A/ Senior Staff Officer
Dated this the day of 2006.


