PrintMinutes of December Monthly Meeting of Kilrush Town Council held on the 10th December 2009 at 7:00 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
- Liam O'Looney
- Mairead O'Brien
Officials present
- Ms. Nora Kaye, Director of Service & Town Manager
- Mr. John Corry, Town Clerk
- Ms. Geraldine Quinn, Assistant Staff Officer
Apologies
- Cllr. Stephen O'Gorman
It was proposed by Cllr. O'Brien and seconded by Cllr. Moroney as follows :
"This Council wishes to suspend Standing Orders to discuss the issue of free parking on the run up to Christmas 2009."
Following discussion it was proposed by Cllr. O'Looney, seconded by Cllr. Moroney and unanimously agreed to adopt the following resolution in support of local businesses :
"That this Council adopt the resolution to suspend paid parking for Saturday 12th, Saturday 19th, Monday 21st , Tuesday 22nd , Wednesday 23rd & Thursday 24th of Dec. 2009 subject to a max of 2 hrs free parking.
Item No. 1: Adoption of Minutes of November Monthly Meeting of Kilrush Town Council held on the 12th November 2009 at 7:00 p.m
Ar Moladh Cllr. O'Brien cuidithe ag Cllr. Clyne :-
The Minutes of the November Monthly Meeting were duly adopted.
Item No. 2: Overdraft Accommodation for 6 month period from 1st January 2010 to 30th June 2010
Ar Moladh Cllr. Prendeville cuidithe ag Cllr. Clyne :-
The following Resolution was duly adopted :
"That this Council hereby approves of the temporary borrowing by Kilrush Town Council in the sum of €175,000 for the Town Council's Municipal Account, FÁS Job Initiative Account, FÁS Rate for the Job Project Account and Vandeleur Walled Garden Enterprises Ltd. Account for the period 1st January 2010 to 30th June 2010."
Item No. 3: Kilrush Town Council Standing Orders
The Mayor drew the attention of the members to the changes to the Standing Orders as follows as proposed in the draft circulated to the members at the November monthly meeting :
No. 5 - "The hour of the meeting of the Council shall be 7.00 p.m. or at such other hour as may from time to time be fixed by resolution of the Council. The Council shall not rise not later than 9.00 p.m. except where the majority of members present at that meeting decide to continue beyond that time."
No. 9(b) - "The names of the members attending shall be recorded in the following manner : Paul Moroney, Liam Williams, Ian Lynch, Tom Clyne, Tom Prendeville, Marian McMahon-Jones, Stephen O'Gorman, Liam O'Looney, Mairead O'Brien."
No. 18(a) - "Except with the permission of the Chair no member shall address the Council for more than 5 minutes. A member may speak once upon any item on the Agenda or on any motion except a motion which is to be put without debate. The proposer of a motion has the right to reply whilst the motion remains before the Chair and when the proposer replies the debate on the motion is closed."
No. 18(b) - "A member shall not raise any individual's circumstances or make reference to any personal information in any debate."
During discussion on the amendments to the Standing Orders, both Cllrs. Prendeville and Clyne strongly objected to the reduction of time allowed to speak in Standing Order No.18(a) from 10 minutes to 5 minutes. The Mayor advised that she had proposed this time reduction as on occasions the meeting had been running late and some members had to rush through their motions towards the end of the meeting and in some cases the motions had to be deferred to the next meeting thereby preventing some members from having three fresh motions in the next meeting. The Mayor further clarified that should a member need extra time over the 5 minutes to make a valid point the Chair will decide on same. Cllr. Prendeville enquired if the time allowed for a delegation to speak at a meeting was being reduced also and the Mayor confirmed that she had not proposed such a reduction, but should the members wish to do so it could be proposed. Furthermore, Cllr. Prendeville suggested that should the length of time for the meetings (i.e. 2 hours) not be sufficient that the members should look at increasing the length of time of the meetings to 3 hours or even 4 hours to allow all matters to be dealt with.
Cllr. McMahon-Jones advised the meeting that she was not withdrawing her proposal and Cllr. O'Brien seconded same.
Cllr. Prendeville proposed the following amendment and Cllr. Clyne seconded same :
"That S.O. 18A remain as is i.e. 10 minute contribution for each elected members on any motion."
The Mayor then invited the members present to vote firstly on the amendment and the following was the result of the vote :-
Members FOR the Amendment : Cllr. Clyne, Cllr. Prendeville.
Members AGAINST the Amendment : Cllr. Moroney, Cllr. Williams, Cllr. Lynch, Cllr. Marian McMahon-Jones, Cllr. Mairead O'Brien.
Cllr. O'Looney abstained.
The Mayor then invited the members to vote on the proposed of Cllr. McMahon-Jones :-
Members FOR : Cllr. Moroney, Cllr. Williams, Cllr. Lynch, Cllr. McMahon-Jones, Cllr. O'Brien.
Members AGAINST : Cllr. Clyne, Cllr. Prendeville.
Cllr. O'Looney abstained.
Arising from the result of the voting Cllr. Prendeville enquired as to the majority of members required to amend a Standing Order. The Town Manager referred the members to Standing Order No. 21(d) which states that "without prejudice to any enactment or other provisions of these Standing Orders requiring either the presence of a specified number or proportion of the members or that a specified number or proportion should vote in favour for the doing of any particular act, all acts of the Council which are reserved functions or questions duly coming or arising before a meeting of the Council shall be determined - (a) by a majority of the members present and voting or where there is an equality of votes, by a second or casting vote of the person chairing the meeting (which person shall have and may choose to exercise such a vote)." Cllr. Prendeville advised that he was aware of that Standing Order, but he required two things : (1) Details of the matter of reviewing the Standing Orders in writing, and (2) the legal opinion of the Town Solicitor giving the requirements to amend a Standing Order. The Town Manager again referred Cllr. Prendeville to Standing Order No. 21(d), but advised that the opinion of the Town Solicitor would be sought. However, she advised that the result of the vote would stand in the interim. Cllr. Clyne proposed that this matter lay in abeyance pending the opinion of the Town Solicitor.
Cllr. Prendeville requested that his total and utter disappointment at this amendment be recorded and he left the meeting in protest. Cllr. Clyne also left the meeting in support of Cllr. Prendeville. As both members were leaving the Mayor spoke to them saying that she was very sorry to see them leave; that differences had occurred in the past, but these were always put behind them.
Item No. 4:- Intoxicating Liquor Bye-Laws
Following discussion on this matter it was proposed by Cllr. O'Looney, seconded by Cllr. Lynch and agreed that the Intoxicating Substances Bye-Laws as circulated to the members at the November Monthly meeting were duly adopted.
It was agreed to take Items 5 and 12 together.
Item No. 5: Emergency Plan re Flooding in Kilrush
Item No. 12: Ar Moladh Cllr. Lynch cuidithe ag Cllr. Moroney
“To ask the town engineer for details of Kilrush Towns Emergency Plan for adverse weather conditions and that this council carry out a full review of the current plan following recent flooding experienced."
In a written reply circulated dated the 10th December 2009 Derek Troy, Executive Engineer reported that :
"Clare County Council has in place a Major Emergency Plan that covers the entire of the county. Kilrush Town Council does not have an individual one for Kilrush town. Following recent flooding events within the county a review will be taking place of Clare County Council's Major Emergency Plan and will be adjusted or modified as required. All works and emergency procedures that relate to Kilrush town are covered under Clare County Council's Major Emergency Plan. There is no current plan to develop a Major Emergency Plan specific to Kilrush."
The Town Clerk confirmed to the members that the Town Engineer said that flooding should not happen again at the Cappa Road/Clare Marts area as it would appear that the problem has been solved. The Town Clerk then asked the members to make a list of the problem areas in the town and advised that these could possibly be included in the proposed review of the Clare County Council Major Emergency Plan.
The members and executive congratulated the Fire Service for the great work carried out by them in alleviating recent flooding problems and the engineers were also commended for their work. Cllr. O'Looney suggested that physical cleaning of some drains in the town would help solve some of the flooding problems and the engineers should be notified of these problem drains. Cllr. Lynch suggested that there should be some sequence of events in place as to what people were to do should this crisis reoccur; that there should be some type of notice-board facility communicating the emergency plan to the public. The Town Manager suggested that a mock emergency should be run in Kilrush in 2010 and the Town Clerk concurred with this suggestion in view of the close proximity of Moneypoint to the town. The members welcomed this suggestion also.
Item No. 6: Ar Moladh Cllr. O'Looney cuidithe ag Cllr. Williams
“That this Council would ask the Manager to report to the council on the present situation with regard to Knockerra Lake and its use as a fishing amenity."
In a written reply circulated dated the 9th December 2009 the Town Clerk reported that :
"Kilrush Town Council have written to all landowners whose property surrounds Knockerra Lake advising them of the Council's intention to examine the possibility of using the lake for angling purposes. Kilrush Town Council are mindful of the concerns expressed by the landowners and are investigating the possibility of fencing off the land owned by the Council surrounding the lake. The Council may consider granting a licence to an Angling Association to fish the lake provided it satisfies a number of conditions, one being the effective "policing" of the fishing of the lake. I propose to keep the Members updated with regard to same."
Cllr. O'Looney advised that the West Clare Angling Association was willing to move forward with this matter and he further advised that time was of the essence in the hope that another season wouldn't be lost. The Town Clerk confirmed that Kilrush Town Council would hope to have this facility utilised. However, there would be insurance implications with the lake being used by anglers. The Town Clerk advised the members that money had been set aside for fencing off of the lake, but these resources would be stretched to fence it all as it was a large area. The Town Clerk also advised that a decision needed to be made as to whether it was a Lease Agreement or a Licence that should be entered into; that the Town Solicitor suggested a Licence.
The Town Clerk assured the members that he would continue to move this matter forward.
Item No. 7: Ar Moladh Cllr. Prendeville
“That this council requests the Manager to furnish the following information in writing to the elected members: (a) the total amount of development contributions levied from January 1st 1999 to November 30th 2009 (b) the total amount of development contributions collected during that period and (c) how these development contributions have been used."
In the absence of Cllr. Prendeville this matter was deferred.
Item No. 8: Ar Moladh Cllr. Prendeville
“That this council commends the Town Engineer and outdoor staff of the council for the professional manner in which they dealt with recent flooding."
In the absence of Cllr. Prendeville this matter was deferred.
Item No. 9: Ar Moladh Cllr. Prendeville
“That this council would ask the Manager to inform the members of a reasonable timescale envisaged before the council's vacant housing units will be made available to current housing applicants."
In the absence of Cllr. Prendeville this matter was deferred.
Item No. 10: Ar Moladh Cllr. Lynch cuidithe ag Cllr. O'Looney
“To ask this Council to support the Launch of Kilrush Community Schools Kilrush Towns Historical Calendar and to review its strategy for interaction between the council and the Youth of Kilrush Town."
Cllr. Lynch circulated the 2010 calendar launched by Kilrush Community School. He commended them for their great efforts and he suggested that Kilrush Town Council should look at their strategy for interacting with the youth of Kilrush.
Following discussion the Town Clerk confirmed that a copy of the Agenda for each monthly meeting was sent to The Community School and that the new Community Warden to be appointed in the New Year would be liaising with the youth and keeping them updated on policies. Cllr. O'Brien suggested that the students should be given the contact details of the members of Kilrush Town Council. It was agreed that a meeting of Kilrush Town Council should take place in 2010 at The Community School in order that the students could see how a council meeting was conducted.
Cllr. Lynch enquired if the Calendar could be sold in the Town Hall and the Town Manager confirmed that this would be possible and that she would take some to sell at Clare County Council.
The members complimented Cllr. Lynch on his motion.
Item No. 11: Ar Moladh Cllr. Lynch cuidithe ag Cllr. Moroney
“To ask this Council, that in an effort to encourage community involvement and increase interaction with the council, that all motions for the monthly meetings be published in local press prior to meetings being held."
In a written reply circulated dated the 9th December 2009 the Town Clerk reported that :
"In accordance with Section 8 of Kilrush Town Council Standing Orders public notice of the place, date and time of a meeting is displayed in the offices of Kilrush Town Council in a position convenient for public inspection during normal office hours, not less than 5 clear days before the day of a meeting. This notice indicates that the Agenda for the meeting is available for public inspection. Kilrush Town Council also make available a copy of the Agenda for the meeting to the media on giving them public notice of the meeting 5 clear days in advance of the meeting."
The Town Clerk confirmed that the public have access to the Agendas; that a notice was erected on the notice board in the Town Hall advising the public that the Agenda for the meeting could be inspected on request. He further confirmed that a copy of the Agenda was forwarded to the media in advance of the meeting and Cllr. Lynch suggested that the media might look at inserting something in the form of bullet points in the paper in advance of the monthly meetings alerting the public to items for discussion. Cllr. Moroney supported this motion advising that it would be beneficial to get opinions/views of the public prior to the meeting.
Item No. 13: Correspondence
Letter dated 5th November 2009 from Mullingar Town Council regarding An Bord Snip Nua Report.
Letter dated 5th November 2009 from South Tipperary County Council regarding the abolition of FÁS.
Notification of AMAI Spring Seminar to be held on 12th and 13th February 2010 at Sligo Park Hotel, Sligo.
Letter dated 16th November 2009 from Clones Town Council regarding recommendation in the McCarthy Report to abolish Town Councils.
Letter dated 20th November 2009 from the Department of Social and Family Affairs regarding Family Resource Centres, together with initial letter to the Department.
Notification of Planning Seminar for Councillors to be held on 29th and 30th January 2010 at Patrick Punch Hotel, Limerick.
Letter dated 19th November 2009 received from the Road Safety Authority regarding motor vehicle testing in West Clare.
Letter dated 2nd December 2009 from Ballina Town Council regarding rent supplement and non-residential homes.
Item No. 14: 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
Climate Change - The Role of Climate Science - held at the Mansion House, Dublin on 24th November 2009.
Tourist Council of Ireland - held at The Falls Hotel, Ennistymon, Co. Clare from the 26th to 29th November.
Cllr. McMahon-Jones requested that congratulations be sent to Chantal Burke of Island View, Kilrush who was the first girl from Kilrush to win the U10 200 meters at The Community Games National Finals. Cllr. Lynch suggested that further investigations should be made as to who in the town has won awards.
The Mayor read the contents of a letter received from Knockerra National School regarding Fairtrade Ireland and following discussion it was agreed to bring this matter to a Chamber of Commerce meeting.
It was agreed to hold the 2009 Cissie Roughan Awards in early January 2010 and to hold the 2010 Awards in June or July.
Cllr. Moroney enquired if a Councillor's opinion on a particular matter is recorded in the Minutes of that meeting and the Town Manager confirmed that what was recorded was a synopsis, but more importantly it was decisions that were recorded.
The Mayor thanked her fellow members for their wonderful contributions to the hampers for the St. Vincent de Paul and wished them all a Happy Christmas and Peaceful New Year.
Votes of Sympathy
It was agreed that a vote of sympathy should issue to the following :-
Mr. and Mrs. Martin McMahon, Brisla, Cooraclare, Co. Clare on the tragic death of their son Flan McMahon.
The meeting then concluded.