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Minutes of January Monthly Meeting of Kilrush Town Council held on the 14th January 2010 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
• Stephen O'Gorman
• Liam O'Looney
• Mairead O'Brien

Officials present

• Mr. John Corry, Town Clerk
• Mr. Derek Troy, Executive Engineer
• Ms. Geraldine Quinn, Assistant Staff Officer

Item No. 1: Adoption of Minutes of December Monthly Meeting of Kilrush Town Council held on the 10th December 2009 at 7:00 p.m.

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

The Minutes of the December Monthly Meeting were duly adopted.

Item No. 2: Adoption of Minutes of Annual Budget Meeting of Kilrush Town Council held on the 10th December 2009 at 6:00 p.m.

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

The Minutes of the Annual Budget Meeting were duly adopted.

Item No. 3: Removal of Delegate from Clare Local Development Company

The Town Clerk advised the members that in 2008 Cllr. O'Gorman was appointed as a delegate to the board of Clare Local Development Company and at the 2009 AGM Cllr. O'Brien was appointed as the new delegate.  The Town Clerk further pointed out that the appointment of a delegate to Clare Local Development Company was to be on a rotating basis, but Kilrush Town Council were not advised as to when the rotation was to take place. Subsequent to Cllr. O’ Briens nomination, Kilrush Town Council were informed that the appointment to the board should have been rotated at the AGM & an Ennis Town Council nominee should have been selected. The Town Clerk sought to have Cllr. O'Brien formally removed as a delegate & apologized to her for the confusion caused by the board.  This removal was agreed to by the members.  However, the members felt that it was a pity that each Town Council wasn't represented annually on the Board and it was agreed that a letter should issue seeking the reversal of that decision to appoint a delegate on a rotating basis.

Item No. 4: Set date for 2009 Cissie Roughan Awards

The Town Clerk advised that 10 nominations were received for the 2009 Cissie Roughan Awards.  Discussion took place as to whether or not to amalgamate the 2009 and 2010 awards ceremonies.  However, it was decided to hold only the 2009 Awards on Thursday 4th February 2010 at 5.30p.m. in The Vandeleur Walled Garden, Killimer Road, Kilrush and it was further agreed that the Awards needed to be revamped.  It was pointed out that when invites were being sent out that the nominees needed to be advised of their nomination.

Item No. 5: Ar Moladh Cllr. Prendeville cuidithe ag Cllr. Clyne

"That this council, in the matter of job creation, would support the recommendation of the West Clare Task Force to consider the provision of small craft-enterprise units at the Vandeleur Walled Garden in conjunction with relevant job creation agencies such as Enterprise Ireland, Shannon Development, Clare County Enterprise Board, and the Clare Craftworkers Association."

In a written reply circulated dated the 13th January 2010 the Town Clerk reported that :
"The sub group of the West Clare Task Force is presently engaging with statutory bodies, Government Ministers, local authorities & community groups to generate ideas for the economic development of West Clare. The sub group is comprised of John Keogh Shannon Development, Nora Kaye Clare Co Council and Chaired by Cllr Christy Curtin. The next step in this process is to report back to the main task force outlining their findings and seeking endorsement for the next stages of the process."
Cllr. Prendeville thanked the Town Clerk for his reply and he advised that from a Kilrush Town Council perspective Kilrush Town Council should be pro-active and that the West Clare Task Force should be supported by Kilrush Town Council.

Item No. 6: Ar Moladh Cllr. Prendeville cuidithe ag Cllr. McMahon-Jones

"That this council would review the vision statement of the current Kilrush Town Development Plan and formulate an implementation strategy for some of its key provisions and proposals."

In a written reply circulated dated the 13th January 2010 John Bradley, Senior Executive Planner, Clare County Council reported that :
"The Kilrush Development Plan has no specific Vision statement in its contents unlike the County Development Plan. This is a new requirement of the new Planning Bill. The introduction of any amendments to the adopted plan would require a variation to the Plan in terms of Section 13 of the Planning & Development Act 2000.

In respect of the second issue relating to an implementation plan the current plan has a list of 12 primary objectives, and the detailed policies set out both the detailed objectives of the policies and the requirements to be met when development arises. It is in my opinion very difficult for the Council to commit to any implementation plan in the absence of any commitments or guarantees in respect of finance and resources.

Kilrush Town Development Plan came into effect in March 2008.  In accordance with Section 15(2) of the Planning and Development Act 2000 a two year review will be put before the members at the February monthly meeting."
Cllr. Prendeville acknowledged the reply and advised that three things needed to be looked at :
A) Employment/Job Creation;
B) Population/Population Decline;
C) Kilrush should be seen as a main commercial and administrative centre.
He also said that approximately 5 years ago a brochure was put together outlining the services of Kilrush Town Council and he suggested that Kilrush Town Council, in association with the Chamber of Commerce, might consider up-dating this publication.
The Town Manager then referred the members to the last item of correspondence advising that the two year review of the Kilrush Town Development Plan would be on the February Agenda.

Item No. 7 Ar Moladh Cllr. Prendeville cuidithe ag Cllr. Lynch

"That this council would request the Manager to bring forward proposals for a programme of improvement works, including roads, footpaths, public lighting and amenity-enhancement projects from the current balance of €361,321 from Development Contributions at December 2009."

The members and Town Manager expressed their gratitude to the Council workers for their exemplary work during the flooding and the freeze.  Cllr. Prendeville suggested that the members should meet with the Town Engineer at some stage to agree a programme of works to be carried out for which the sum of €361,321 was available from Development Contributions. 

The Town Manager confirmed that these development Contributions were available and that a county claim was lodged with the Department for flood damage.  She further confirmed to the members that the Development Contributions could not be used for maintenance works (i.e. filling potholes, etc.); that they could only be used for Capital Works (i.e. extending or replacing sections of footpaths, etc.).

Following discussion it was agreed that areas such as Moore Street, Fort Road, Wilson Road and Ennis Road needed upgrading and also the public lights in the town  that were out of order needed to be repaired, particularly at Lower Moore Street.  It was agreed that members would notify the Town Clerk of the public lights that were out of order and contact could then be made with Airtricity.  It was pointed out that Moore Street would come under the responsibility of Clare County Council and it was agreed that they should be asked to carry out remedial works, particularly now that businesses were closing at this location. 

The Town Engineer confirmed that Fort Road is the number one project for 2010 and that Wilson Road and Ennis Road would also be done when weather conditions were suitable.  He suggested that each member put forward three areas that were in need of upgrading works and that these could be brought to a RIMS meeting and prioritised. 

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

"To ask this council to review the management of the bottle bank recycle area during busy periods and especially during public holidays to ensure that appropriate facilities and arrangements are in place between the recycle contractors and the council to cope with the increased number of items been recycled."

 

During discussion it was noted that there had been a noticeable increase in litter and that illegal dumping was taking place at the bring banks in the Place de Plouzane Car Park which was unsightly and unacceptable.  The Town Clerk advised that there was a contract in place for the emptying of the bring banks and further that the location of these bring banks was being looked at in conjunction with the Tidy Towns committee.  The members were also informed that the new Community Warden would be taking up his post within the next week and as part of his brief that he would have a responsibility for patrolling the town observing instances of litter & illegal dumping.  The Town Clerk also advised that Clare County Council was currently carrying out a review of all bring banks The members expressed their concern that this review would be to enhance the existing facilities and not the removal of any services.  The members felt that enforcement of the litter laws was required by Kilrush Town Council and that a name and shame policy should be implemented and that the public should be urged to report people that were seen dumping.  It was strongly felt that CCTV cameras were needed in the vicinity of the bring banks to act as a deterrent.  A suggestion was made that the bring banks could be contained in the field at the rear of the car-park with the Community Warden being responsible for opening and closing the gate to same, but it was felt that offenders would then leave the refuse at the gate. 

It was agreed that the Town Clerk would liaise with the Tidy Towns regarding the bring banks and report back to the next meeting.

Cllr. Moroney made an enquiry as to where the contents of the clothing bank goes and the Town Engineer confirmed that it was a private operator who had a licence with Clare County Council.  It was agreed to check this matter with Clare County Council and to seek the name of the operator.

The Town Manager was then asked if the members of Kilrush Town Council would get the opportunity to put forward submissions for the upcoming review of bring banks and she said that this could be suggested to Clare County Council.  She further pointed out that the members might consider using a portion of the Development Contributions available for a decorative enhancement of the bring banks and possibly the inclusion of food cans.

Item No. 9: Ar Moladh Cllr. Lynch cuidithe ag Cllr. Clyne

"To ask the town engineer to inform members of this council as to the plan of action for ensuring the safety of public footpaths during times of frost and associated hazardous weather."

In a written reply circulated dated the 13th January 2010 the Town Engineer reported that :

"The response set out below is intended to take account of the queries and objectives associated with the following Notices of Motion submitted for consideration at the January meeting of Clare Co Council insofar as it is possible to do so.  These Notices of Motion have been bundled as all of them basically relate to the continuing very severe weather event.

Notice of Motion submitted by Councillor M. Kelly:

"That this Council set up an emergency fund to deal with an accessibility crisis which people in rural areas have experienced recently from a health and safety viewpoint".

Notice of Motion submitted by Councillor Pat Hayes:

"I propose that a debate on the Winter Maintenance and Gritting Programme be held as a matter of urgency with a full review of this programme in particular the lack of gritting of key regional roads and villages in our County during the recent inclement weather and that extra funding be set aside in the 2010 Roads Programme for this.  I would also like to highlight the issue of staff cover during the holiday period to deal with emergency issues that may arise".

Notice of Motion submitted jointly by Councillors C. Curtin, O. Garry, J. Cooney and G. Keating:

"That, in light of all parts of rural Clare to be served adequately by the Council with gritting and salting of the road network at times of severe frost and snow, the Council would as part of its immediate review of this Programme of works and Emergency Policy ensure that:-

• Gritting material is readily available to communities.
• Extension of Council Insurance Policy to include voluntary activities in such emergency situations
• Clear leadership from Council with voluntary assistance.
• All Electoral Area Offices have clear and readily operated instructions for immediate activation in these circumstances.
• Ease of access to the Designated Council Official at area or Headquarters level".

Notice of Motion submitted by Councillors C. Curtin, O. Garry and G. Keating:

"That the County Manager report on funds allocated to the Council from the DoEHLG to offset the costs of coping with the recent floods and to operate a comprehensive county-wide on going Programme of Winter Road Maintenance inclusive of restoration works and gritting arising from the cold snap and high rainfall during the winter".

Notice of Motion submitted by Councillor M. Conway:

"I am suggesting that the Director of Service for Roads and Infrastructure examine the possibility of setting up a database of volunteers who would be willing to assist the Council in gritting non essential roads during periods of severe frost".

Notice of Motion submitted by Councillor P. Fitzgerald:

"I request that this Council discuss the following:
Due to the recent adverse weather conditions over the Christmas and New Year period there have been difficulties with gritting on many secondary roads.

1. What was the funding allocation from Central Government?
2. How much has the gritting cost Clare County Council so far?
3. I am asking the Director of Services to ensure that all secondary roads are taken into consideration in the future. More funding must be made available for same.

Curtha faoi bhráid na Comhairle ag Cllr. J. Arkins
"Noting that a large part of Co. Clare’s rural population were isolated for over a week during the recent cold spell, and that many elderly people suffered severe hardship arising from that isolation, that Clare County Council review its policy in relation to the gritting and salting of roads so that in addition to salt dressing national, primary, secondary and regional routes, that all rural villages would have some frost free link road to the nearest primary, secondary, or regional route. And that provision be made for the placement of salt or grit bins adjacent to steep inclines on remote rural routes".
RESPONSE:
The current severe weather event commenced circa December 15th, 2009 and has to all intents and purposes continued unabated since then.  Very difficult conditions manifested themselves, in particular, over the Christmas period itself and since the beginning of 2010 – there was a slight lull for approximately 2 days between Christmas and New Year.  Since the beginning of the year, temperatures have been dropping by night to extremely low levels – to between –6 and –8o C most nights and the most extreme occurred on Friday night/Saturday morning last, January 8th/9th when temperatures of –11 were recorded.
Since the beginning of this freeze up, the Council’s full Winter Maintenance Programme has had to be activated every evening with the exception of three.  The Programme involves treatment with rock salt of a pre-determined schedule of main roads throughout the county which total 550 km in length.  This represents approximately 13% of the total length of roads in the county.  These roads carry the vast bulk of traffic and, therefore, they have to be prioritised with a view to ensuring greatest effectiveness in keeping pace with the ongoing economic and domestic needs of the county.  Implementation of this programme was very successful in that the main road network has always been passable with the exception of a few short periods following precipitation on top of surfaces which had remained sub-zero throughout daytime hours – the most notable of these was probably Christmas Day.
Approximately 2,200 tonnes of rock salt has been spread on Co. Clare’s roads so far this winter season – 80% of this has been applied during the current spell.  The cost of implementation of this programme (excluding gritting works carried out through local area offices and other initiatives implemented) so far this winter is approximately €250,000.  The allocation provided initially by the NRA for 2009 was €221,000.  The 2010 allocation has not yet been announced – it is expected that this will be clarified by the end of this month.
Because of the length and severity of this cold spell, there is much to consider both at local and national level with a view to improvement of response in the event that such an event would arise again.  Such issues include:

• Whether the presently pre-designated Winter Maintenance Routes should be altered or extended.
• Whether a means can be found of ensuring more reliable availability of salt nationally and locally.
• Whether increased levels of funding can be made available and whether such funding can be structured in a manner that will make it more amenable to dealing effectively with emergency type situations.

Some Councillors will, no doubt, feel that the current programme does not deal satisfactorily with certain parts of the county or more specifically, with strategic routes in such areas.  A review of the programme will be carried out once this cold spell has passed.  We are acutely aware of difficulties which arose on some Regional Roads, in particular, which are not in the current programme and have noted observations from Councillors, the Gardai and general public in this regard.  All of this will be seriously considered in this review but unless there is some significant change to funding and funding structures going forward, it will be difficult to make significant changes to the current programme which to a large degree has served the county well.
The pre-determined Winter Maintenance Programme was not the only approach adopted by the Council in dealing with the current crisis.  A number of other operations have been on-going as follows:

• Area staff have been dealing with local critical problems insofar as it has been possible for them to do so taking into account availability of staff resources and health & safety considerations.
• During periods when salt stocks were reasonably comfortable, the salting machinery was dispatched to the various areas to deal with critical situations during day-time periods – again in some situations such operations had to be curtailed for health & safety reasons.
• Last week an initiative was introduced which involved the setting up of 47 temporary grit depots in convenient public areas across the county to facilitate the community in dealing with critical black spots on secondary and tertiary local roads.  The timing of this was linked with the fact that significant snowfalls were forecast for the days which followed – use of grit can be more effective than salt in such circumstances particularly on local roads where conditions had been difficult previously.  This initiative has worked well over the past number of days and the various sites are being replenished as required.

Large numbers of Council staff have been engaged in dealing with this issue on the ground from the outset including over the Christmas holiday period.  These staff have endured difficulties above and beyond the call of duty in many cases – as have their families.  Apart from the fact that those involved in the pre-determined Winter Maintenance Programme got no break whatsoever over the Christmas period, area staff were also called upon to deal with difficult situations during their time off.  Among the factors which had to be considered in deciding whether to call staff out to particular situations were:

• What they could achieve and
• Whether it would be safe to do what needed to be done to achieve particular objectives.

Overall, a strategy was in place to deal with this severe weather event from the outset.  The strategy worked as well as it could have worked from a number of viewpoints given the resource constraints etc. which dictated same.  Undoubtedly there are areas within the strategy which can improve but given that this was the first event of this intensity and duration in almost 50 years, this is not surprising.  Quite apart from the fact that the aforementioned review of the pre-determined Winter Maintenance Programme will take place shortly, an overall strategy review will also be carried out.
As indicated above, the cost so far of the pre-determined Winter Maintenance Programme is approximately €250,000.  When taking account of other work and initiatives undertaken as indicated in the foregoing, the total cost to date of enduring this cold spell from Clare County Council’s perspective is close to €400,000.  This does not include remedial works costs which will evolve because of frost damage on many roads.  Neither does it account for significant other costs incurred by the Council in other areas – most particularly Water Services.
An assessment will be carried out to establish estimated remedial works costs arising from frost damage to roads and this will be submitted to the Department of Transport/NRA.  It is appropriate at this point to confirm that an allocation of €1.15m has been confirmed as compensation to Clare Local Authorities for its endeavours in dealing with the recent flood events – this does not include the cost of remedial works which will have to be implemented to restore roads damaged by floods.  Claims totalling almost €3m have been submitted to the Department of Transport and the NRA in respect of remedial works which are required throughout the county’s road network because of the November floods.  Further submissions have yet to be completed for forwarding to the Department of Transport and the Office of Public Works in respect of measures which could be implemented to deal with prevention of some local periodic flooding situations in future.
Tom Tiernan,
Senior Engineer,
Transportation.

Briefing re Weather – Council Meeting – 11 January 2010
county clare has experienced severe weather related difficulties since the 18/19 december 2009.  the council has responded during that time to problems which have arisen, primarily in relation to roads and water services.  the council has been in contact with the gardaí, hse, army, department of the environment, heritage and local government, department of transport, national roads authority, i.f.a., met eireann, aa roadwatch, road safety authority and community groups.
road services
the council’s primary objective in relation to roads has been to ensure that national primary and national secondary roads, along with heavily trafficed regional roads are treated.  this objective is in accordance with government policy, and over 550 km of county clare’s road network was salted on a daily basis since the onset of the adverse weather conditions.
the council has been aware that salt could become scarce at national level due to national demand and therefore the council ensured that the available salt was used primarily on national routes and some key strategic roads, as circumstances permitted.  area engineers also arranged local gritting but it must be acknowledged that grit is more effective in snow rather than in frosty conditions. 
the weather forecast for last week-end, 9/10 january, was that clare would experience substantial snow.  it was decided on 7th january to establish 47 local grit depots at which the public could collect grit to help aleviate the impact of the snow which was forecast over the week-end.  the objective of this action was to assist local communities to deal with the snow conditions while simultaneously continuing to spread salt on icy strategic routes. 
water services
the council’s objectives in relation to water servcies have been to maintain public water supplies and to assist members of the public experiencing difficulties due to supply problems within their own properties by making an alternative supply available.
maintaining public supplies has been difficult due to a 20% increase in demand caused by leaks, burst pipes and excessive usage.  it has been necessary to implement water rationing in some areas and council staff have been undertaking main repairs work on an ongoing basis.
as sub-zero temperatures were forecast last week-end, water tankers were prepared in anticipation that water distribution would be required over the week-end.
tankers distributed water on the 9th january, while stand pipes were being put into operation at strategic locations in main population centres. this static system subsequently released the tankers to distribute to other population centres.  this activity is ongoing.
in order to reduce pressure on the council’s 24 hour emergency line, an additional phone line was established specifically for water related queries.  this line dealt with in excess of 100 calls during the week-end.
summary:
all recommendations issued by government departments have been implemented and additional measures have been put into operation in response to local needs.  the emergency services,  including civil defence have been mobilised.
the council’s website has been updated on an ongoing basis and regular press releases have been issued to local and national media during these events.  management of the situation has continued on a 7 day week basis and will continue until the situation improves. 
the council will be briefed by mr. tom tiernan, senior engineer, roads service and mr. sean ward, senior engineer, water services, in relation to the details of the council’s response. 
i would like to acknowledge the work of the staff of the council who have been dealing with this difficult situation and i wish to assure the elected members that every effort has been made to assist members of the public who are experiencing difficulties as a result of the severe weather conditions.

Following discussion it was agreed that a plan of action was needed for Kilrush in times of frosted footpaths and flooding, to ensure a more rapid response and that this plan should incorporate the telephone number of who to ring; where salt was located; hints on what to do with water in times of frost, etc..  The Town Engineer agreed that a plan should be drawn up and he pointed out that there were no outdoor staff assigned to Kilrush Town Council; that they were all Clare County Council staff with responsibilities outside of the town. 

Cllr. O’Brien enquired if shopkeepers were liable for the footpaths outside their shops .

Cllr. Lynch replied that the Minister for the Environment had advised that shopkeepers had a moral responsibility for the paths outside their premises but not a legal responsibility if someone fell etc.

The Town Manager confirmed the Council would not be responsible for any incidents that occurred on footpaths in the icy conditions. She advised  that it all boiled down to resources as to what work was done; that it was not possible to do absolutely everything.  It was suggested that a volunteers list be put together in conjunction with FAS and Tidy Towns and Cllr. Williams offered the services of his colleagues in the IFA for the spreading of grit, etc. in the town should the need arise.

The Town Manager advised the members that the County Councillors were seeking a review of the salting policy if the members of Kilrush Town Council would like to make submissions or alternatively Kilrush Town Council could put in place their own salting plan.  She suggested that the members submit their ideas for an emergency plan to either the Town Clerk or the Town Engineer as it would be useful for Kilrush Town Council to have their own plan in place.

Cllr. O’ Looney acknowledged that the Council had very quickly dealt with any areas that they were notified about.

The Town Clerk thanked the members who had volunteered to assist during the inclement weather.

Item No. 10: Correspondence

Letter dated 14th December 2009 from Mary-Jane Burgess, West Clare Family Resource Centre regarding the Family Resource Centre Programme.
Letter dated 15th December 2009 from Dundalk Town Council regarding the recommendation in the McCarthy Report to abolish town councils.
Letter dated 23rd December 2009 from the Minister for Communications, Energy and Natural Resources regarding the integration of Moneypoint Power Station with Renewable Energy Resources.
Review of Kilrush Town Development Plan.

Item No. 11: 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 :

EGM Irish Public Bodies Mutual Insurances Ltd. - held at the Burlington Hotel, Dublin in September 2009.
Shannon Development - held at Thomond Park Stadium, Limerick on the 6th November 2009.
Local Government Seminar "Council Budget 2010" - held at the Silver Tassie Hotel, Letterkenny, Co. Donegal on the 20th - 22nd November 2009.
National Tourism Conference - held from 26th - 28th November 2009 at the Falls Hotel, Ennistymon, Co. Clare.

Cllr. O'Looney proposed that he attend the AMAI Conference and this was seconded by Cllr. McMahon-Jones and agreed.

Votes of Sympathy

It was agreed that a vote of sympathy should issue to the following :-
Ms. Teresa O'Loughlin, Henry Street, Kilrush on the death of her husband Paddy O'Loughlin.
Ms. Patsy Casey and family, Willow Green, Kilrush on the death of her husband Peter Casey.
Mr. and Mrs. Martin Casey and family, Ballydineen, Lissycasey on the death of their son Brian Casey.
Mr. Brendan McNamara, Poulnadree, Killimer, Kilrush on the death of his wife Beryl McNamara.
Mrs. Lorraine Malone, Carnanes, Kilrush on the death of her mother Mary Nicholls late of Dooneen Park, Kilrush.
Ms. Mary Kelly and family, Lissycasey, Ennis on the death of her husband Pat Kelly.

The meeting then concluded.