Minutes of April Monthly Meeting of Kilrush Town Council held on the 12th June 2008 at 7:00 p.m. in the Council Chamber, Town Hall, Kilrush
Presiding:
Cllr. Tom Clyne, Méara.
Councillors present:
Tom Prendeville, Deirdre Culligan, Stephen O'Gorman, Colie Sweeney, Marian McMahon-Jones, Liam O'Looney, Christy O'Malley.
Officials present:
Ms. Bernadette Kinsella, Director of Service & Town Manager.
Ms. Fiona Mooney, Town Clerk.
Ms. Geraldine Quinn, Assistant Staff Officer.
Apologies:
Cllr. Jack Fennell.
Item No. 1: Adoption of Minutes of May Monthly Meeting of Kilrush Town Council held on the 15th May 2008 at 7.00 p.m.
Ar Moladh Cllr. Prendeville cuidithe ag Cllr. O'Gorman :-
The Minutes of the May Monthly Meeting were duly adopted.
Matters Arising
Cllr. Sweeney requested that it be noted that he was insulted by comments appearing in the local press referring to members of Kilrush Town Council as "muppets".
Cllr. O'Looney referred to an item appearing in 'The Clare People' which stated that there was unanimous support for the new civic offices, but he referred to concerns recorded in the minutes of the May monthly meeting of Kilrush Town Council - "However, some concerns were voiced regarding funding arrangements and the status of the Town Hall in the context of the new offices accommodation."
Item No. 2: Adoption of 2006 Audit Report.
The town clerk advised that this report had been discussed with the members at an earlier date, but due to an oversight on her part, the adoption of the report was never put on the agenda for a monthly meeting of Kilrush Town Council.
Ar Moladh Cllr. Prendeville cuidithe ag Cllr. O'Gorman :-
The 2006 Audit Report was duly adopted.
Item No. 3: Overdraft Accommodation for 6 month period from 1st July 2008 to 31st December 2008.
Ar Moladh Cllr. Prendeville cuidithe ag Cllr. O'Malley :-
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 July 2008 to 31st December 2008."
Item No. 4: Set date for AGM
It was agreed that the AGM be held on Wednesday 25th June 2008 at 7.00 p.m.
Ar Moladh Cllr. Prendeville cuidithe ag Cllr. Clyne :-
It was agreed that the July monthly meeting be moved to Thursday 3rd July 2008 at 4.00 p.m. to facilitate members participating in the twinning visit to Plouzané.
Item No. 5: Set date for Casual Trading Committee Meeting.
It was agreed that the Casual Trading Committee Meeting be held on Thursday 3rd July 2008 at 3.30 p.m. immediately prior to the July monthly meeting.
Item No. 6: Submission on the proposed Reform of Local Government.
The town clerk told the members that there is still time to make a submission as the deadline is 31st July 2008 and she urged members to let her have their submissions for the July monthly meeting.
Item No. 7: Annual Financial Statement
Colette Costelloe, staff officer, briefed the members on the Annual Financial Statement for the year ended 31st December 2007 which had been circulated with the agenda and advised that 2007 had been a positive financial year with a surplus of €315,000. The AFS provided for the transfer of €200,000 to the Civic Offices fund and €70,000 towards the deficit on the revenue account.
Cllr. O'Looney proposed the deferral of any transfer of funds to the Civic Offices fund until further debate has taken place on this issue and this was seconded by Cllr. McMahon-Jones. Cllr. Prendeville proposed the adoption of the AFS as it stands and this was seconded by Cllr. Clyne.
In view of the fact that two proposals were made and seconded, the Mayor called for a vote on the amendment proposed and the following was the result of the vote :-
In favour of the amendment :- Cllrs. Culligan, McMahon-Jones, O'Looney.
Against the amendment :- Cllr. Prendeville, O'Gorman, Sweeney, Clyne, O'Malley.
Therefore, the amendment to defer the transfer to the Civic Offices fund was rejected by five votes to three.
Ar Moladh Cllr. Prendeville cuidithe ag Cllr. Clyne :-
The following Resolution was adopted :
"That the council hereby adopt the Annual Financial Statement for Kilrush Town Council for the year ended 31st December 2007."
In relation to the transfers to reserves in Programme Groups 1 and 8 Cllr. O'Looney proposed an amendment to defer any transfer to the Civic Offices fund and this was seconded by Cllr. McMahon-Jones.
Cllr. Prendeville proposed the transfers to reserves as provided for in the AFS and this was seconded by Cllr. Sweeney.
In view of the fact that two proposals were made and seconded, the Mayor called for a vote on the amendment proposed and the following was the result of the vote :-
In favour of the amendment :- Cllrs. Culligan, McMahon-Jones, O'Looney.
Against the amendment :- Cllr. Prendeville, O'Gorman, Sweeney, Clyne, O'Malley.
Therefore, the amendment to defer the transfer to the Civic Offices fund was rejected by five votes to three.
Ar Moladh Cllr. Prendeville cuidithe ag Cllr. Sweeney :-
The following Resolution was adopted :
"That transfers to reserves in the amounts set out below in respect of the Programme Groups listed is hereby approved for the year ended 31st December 2007 -
Programme Group 1 : Housing & Building €291.00
Programme Group 8 : Miscellaneous €215,143"
Ar Moladh Cllr. Prendeville cuidithe ag Cllr. Clyne :-
The following Resolution was adopted :
"That pursuant to the provisions of Section 104 of the Local Government Act 2001, additional expenditure in the amounts set out below in respect of the Programme Groups listed is hereby approved for the year ended 31st December 2007 -
Programme Group 1 : Housing & Building €24,523
Programme Group 4 : Development Incentives & Controls €59,085"
Ar Moladh Cllr. Prendeville cuidithe ag Cllr. O'Gorman :-
The following Resolution was adopted :
"That the council hereby adopt the Annual Financial Statement for Cappa Pier Harbour Authority for the year ended 31st December 2007."
As there was a large public attendance at the meeting it was proposed by Cllr. Prendeville and seconded by Cllr. O’Gorman that Item No. 16 on the agenda be dealt with now.
Item No. 16: Ar Moladh Cllr. McMahon-Jones cuidithe ag Cllr. Culligan:-
"That this Council requests a detailed account from the manager in relation to the acquisition of a site for the new civic offices in Kilrush”
"(a) If the normal professional valuation advice was sought and if monies from the new civic office fund has been spent towards this project.”
"(b) (i) The number of locations/sites examined.”
(b) (ii) A list of lands owned by the Kilrush Town Council and if these were examined as to their suitability.”
(c) If reports in the Clare Champion edition at May 23rd suggesting an offer of €1.6 million for 7,000 sq. ft is correct.”
(d) And that this Town Council insists that the Town Hall remains in the ownership of Kilrush Town Council and that no plans are made at any time for the sale of this property.”
The town manager replied as follows :
(a) Normal professional valuation advice, including financial and feasibility advice was sought. €15,000 has been spent on this project for valuations, feasibility study, etc.
(b)(i) Going back to the mid-90s five sites were examined. £20,000 had been expended at that time on researching proposals on new civic offices. In the last four to five years 17 sites have been examined and over the past year to year and a half, four specific sites have been examined.
(b)(ii) The relevant council owned lands examined were at Place de Plouzane, John Paul Estate, Pound Street and Cooraclare Road.
(c) The manager advised that she could not comment on a Clare Champion report of €1.6 million for 7,000 sq. ft., as those figures did not equate to any figure she had, but that if anyone could come forward with further information she may be in a position to comment further.
(d) The future of the Town Hall is going to be a decision for the members of Kilrush Town Council in the fullness of time.
Cllr. McMahon-Jones expressed her dissatisfaction that the reply was verbal and not written down and then asked a series of other questions. The manager explained that she had answered the motion as presented as fully as possible. Cllr McMahon Jones said she would address the series of questions in writing and requested a full list of lands owned by Kilrush Town Council. She advised that she will look into the matter of the €1.6 for 7,000 sq. ft. and revert to the manager.
Cllr. O'Looney raised the question of how this project is going to be funded and the implications for ratepayers and said he did not support going forward with this project. Cllr. Culligan questioned the manager on whether or not Kilrush Town Council considered acquiring the Inis Cathaigh under the Derelict Sites Act and the manager advised that under that Act, market values are prescribed for compulsory purchases and arbitration is often an added cost.
Cllr. Culligan made reference to the funding of this project being 50/50 between Kilrush Town Council and Clare County Council and questioned when this decision was made and the town manager advised that the county manager dealt with this issue at the last Clare County Council monthly meeting.
Cllr. McMahon-Jones proposed the following motion and this was seconded by Cllr. Culligan:-
"This Council calls on Town Manager to disclose within 5 days all relevant documents, reports and correspondence concerning the proposal to build a new Civic Office in Kilrush. Such information to be circulated to all members of KTC and Kilrush Electoral Area of Clare County Council. Calls on the County Manager to ensure the contracts concerning the purchase of the site in Francis St. are not completed until members of both authorities have had a proper opportunity to review all aspects of the proposal."
Cllr. Prendeville proposed the following amendment motion and this was seconded by Cllr. Clyne:-
"I propose a vote of confidence in the manager's ability to progress the acquisition of a site to house the new civic offices for Kilrush Town Council and Clare Co. Council."
In view of the fact that there was a counter-proposal, a vote was called for on the amendment and the result is as follows : In favour of the amendment : Cllr. Prendeville, O'Gorman, Sweeney, Clyne, O'Malley. Against the amendment : Cllrs. Culligan, McMahon-Jones, O'Looney. Therefore, the amendment to pass a vote of confidence in the manager was passed by 5 votes to 3.
At this stage Cllr. McMahon-Jones sought the approval of the members to deal with Item No. 17 on the agenda, but this was not approved.
Item No. 8: Ar Moladh Cllr. Prendeville cuidithe ag Cllr. O'Gorman :-
"That this Council would support and liaise with local organizations and sporting interests in the provision of an integrated community sportsfield and town park for Kilrush by 2014."
Following discussion on the matter it was agreed that a letter should issue to the secretaries of the local organizations in an effort to set up an umbrella organization with a view to providing a sportsfield and town park for Kilrush similar to the Lees Road development in Ennis which should be used as a model venture. There was unanimous support for this motion as the members felt that such a facility is needed in the town for the future amalgamation of all clubs.
Item No. 9: Ar Moladh Cllr. Prendeville :-
"That this Council calls on Clare County Council to provide a green recycling waste facility at the Lisdeen Recycling Site."
In a written reply circulated dated the 9th June 2008, Sean Ward, Senior Engineer, Environment Section, Clare County Council advised that :
"Improvements in existing recycling services, including green waste collection at selected locations, were discussed as part of Clare County Council’s budget for 2008. Such improvements were to be part funded by a charge for recycling. The overall proposals were not approved by Council, and recycling services in 2008 will generally be at 2007 levels.
If a green waste reception facility were provided at Lisdeen, the only place in or near Co Clare where the material could currently be brought for composting is the Central Waste Management Facility at Ballyduff Beg, Inagh, thirty miles away. Apart from the significant additional transport cost which has not been budgeted for, there is practically zero capacity to process any more green waste at Ballyduff Beg over and above what it is already receiving.
Ireland has to meet an EU-determined target in 2010 for diversion of biological waste (both green and food) away from landfill. In view of this target, and the even more stringent targets set for 2013 and 2016, provision of capacity for collection and treatment of biological waste is a very active topic at present both for Ireland as a whole and for the Clare-Limerick-Kerry waste management region. It is likely that over the next 2 to 3 years there may be developments whereby new treatment facilities including composting are provided, in which the private sector will be a major player. If and when more biological treatment capacity comes on stream, the overall position of green waste collection from various locations will be reconsidered."
Item No. 10: Ar Moladh Cllr. Prendeville cuidithe ag Cllr. Clyne :-
"That this Council calls on the Department of Education and Science and the Department of Finance to take immediate steps to ease the burden of water charges on all schools and public centers of education through the provision of modules which will enhance the awareness and understanding of the importance of water conservation and to provide a once-off special grant to enable schools and education centers to meet costs of installing and maintaining the most efficient and environmentally-friendly water conservation and storage equipment.
Following discussion on the matter it was agreed that this motion be forwarded to the Department of Education and Science and also the Department of Finance. It was further agreed to forward it to all town councils for support.
Item No. 11: Ar Moladh Cllr. Sweeney :-
"To ask the Manager to request the Executive Engineer to look at the open spaces to the south of Chapel Drive and in the ownership of this council with a view towards developing a playground there."
Following discussion on the matter it was agreed that a proposal for a playground would need to be subject to a consultation process. Regarding this particular location, a question was raised about the ownership of the lands and this question was referred to the town clerk for research.
Item No. 12: Ar Moladh Cllr. Sweeney cuidithe ag Cllr. O'Looney :-
"To ask the Manager what is the current legal situation regarding fishing rights at Knockerra Lake as a perimeter around the lake is owned by this council and was stocked up to recently by the West Clare Anglers Association."
Following discussion on the matter, the town clerk confirmed that she will seek legal advice on the matter from the town Solicitor.
Item No. 13: Ar Moladh Cllr. Sweeney :-
"To ask the Town Manager for an update and report on the derelict houses owned by Kilrush Town Council."
In a written reply circulated dated the 2nd June 2008, Fiona Mooney, Town Clerk reported that :
"There are two houses owned by Kilrush Town Council. One is in St. Patrick's Terrace. This house was compulsorily acquired under the Derelict Sites Act 1990. Once the tender documents are received from the consultant, the refurbishment will be tendered.
The second house is at St. Senan's Terrace. The Council is advised to await hearing formally from the adjacent house owner in regard to the project there. Correspondence has been ongoing for some time."
Item No. 14: Ar Moladh Cllr. McMahon-Jones :-
"That this Council requests a full report from the water services Engineer in relation to recent number of cases of cryptosporidium confirmed in the Kilrush and surrounding rural areas and if he is in a position to re-assure the people of the area that the water is not contaminated."
In a written reply circulated dated the 12th June 2008, Derek Troy, Executive Engineer reported that:
"I wish to confirm that the reported cases of cryptosporidium are in no way linked to the West Clare public drinking water supply.
On receipt of reports from the HSE that a number of cases had been reported, Clare County Council Water Services section immediately put in place testing equipment on both Old and New Doolough water treatment plants on the 30th April 2008. Both tests revealed no traces of cryptosporidium. On the 20th May 2008 the testing equipment was put in place again. And again both tests revealed no traces of cryptosporidium.
Finally, the testing equipment was placed on the Drumellihy Reservoir, which is the closest reservoir to the locations of the reported cases. Results revealed no traces of cryptosporidium. Doolough Lake, which is the main source of water for the West Clare Area, is regularly assessed and is considered low risk by the EPA water supply risk classification for cryptosporidium."
Item No. 15: Ar Moladh Cllr. McMahon-Jones :-
"That this Council requests Clare Co. Council to do a clean up on "The Rock" and proceed to provide the promised amenities at Brew's Bridge as the summer season is eminent."
In a written reply circulated dated the 4th June 2008, Eamon O'Dea, Senior Executive Engineer reported that :
"In reply to Cllr. Taylor-Quinn's Notice of Motion at Kilrush Electoral Area Meeting this week "The Council will carry out improvement works at Brews Bridge this summer".
Background: I inspected location last year with Sean Ward and he has a list of proposed works. I did not proceed with these works as we would not have got reasonable quotes for certain parts of the works. Based on recent quotes for other works I anticipate that any works done by contract will be more competitive this year. I have confirmation that funding will be made available through Beach Improvement and Nat Disability (Env Section) Funds for work at Brew's Bridge, Doonaha and Carrigaholt.
I need to discuss certain parts of works at Brew's Bridge with Architects Section and then we will seek quotes for works. I will ask Joe Linnane A SGSS to carry out "clean up" at the Rock."
It was pointed out that the voluntary Spring Clean with the Tidy Towns committee had included Brew’s Bridge. This clean up had taken place on 11th June 2008 and although widely advertised was poorly supported. .
Item No. 17: Ar Moladh Cllr. Culligan :-
"That the Town Manager would fully brief this council on what developments are taking place to locate a Community Campus in Kilrush and if there is any direct involvement from Kilrush Town Council."
In a written reply circulated dated the 2nd June 2008, Fiona Mooney, Town Clerk reported that :
"A group comprising Kilrush Town and Clare Council, Shannon Development, RRD and Éirí Corca Baiscinn convened in 2006 to consider issues relating to enterprise, training and community space availability in Kilrush and West Clare. A feasibility study was commissioned using Leader grant aid. Members were presented with the findings of this study in February 2007. It was item 7 of that February agenda.
Members were also updated on 13th March 2008 by the town clerk on the developing idea of a 'campus' facility, arising from that feasibility study. Members were advised that an Enterprise Ireland capital grant scheme for community enterprise centres was expected to seek project proposals and that the group was now working towards being able to submit a proposal in August 2008 for the enterprise element of the campus. The campus would need a site and the members agreed in principle that land at Wilson's Road in the Council's ownership could be made available for the campus, thereby linking the campus idea to the regeneration of that area in town.
The submission of a project proposal for enterprise units has now also been agreed as a priority action of the West Clare Industry and Enterprise Task Force, with a target submission of a proposal by end August 2008."
In discussion, the town clerk also advised that this had been agreed as a priority project at the Kilrush Town Council/Chamber of Commerce liaison forum. In response to questions, it was confirmed that: all those who had participated in the feasibility study had had the results presented to them, that local fund raising was a component of the Enterprise Ireland capital grants scheme and that if no local funding could be raised or identified, the project would not proceed, that it was a partnership project which Kilrush Town Council was taking a lead role on, that the 6-8 enterprise units would be exclusively subject to the Enterprise Ireland application and that the EI fund would not cover any other part of the overall campus.
The town manager advised that a proposal needs to be developed in order to lodge an application for funding, which may or may not be successful. When the proposal is developed it will be presented to the members for consideration, at which stage they can decide whether to progress or not.
Item No. 18: Ar Moladh Cllr. Culligan cuidithe ag Cllr. Prendeville :-
"That the Town Engineer would look into the possibility of installing a roundabout on the Ennis road to be positioned at The Glen/Limekiln Road junction."
In a written reply circulated dated the 12th June 2008, Derek Troy, Executive Engineer reported that:
"This junction is located on the National Road N67, Kilrush to Ennis, and any modifications to the current layout require NRA approval.
I will forward your request to the Road Design Section of Clare County Council and to the National Roads Authority, for an assessment to be completed to establish what works are required to improve safety and traffic flow at this junction."
Following discussion on the matter a suggestion was made that perhaps the town engineer could meet with the NRA in view of the dangers involved at the location in question. The town engineer acknowledged that re-design works are needed at this location and he would pursue the matter.
Item No. 19: Ar Moladh Cllr. O'Gorman cuidithe ag Cllr. Clyne :-
"That this Council would hear a delegation from Island View residents re flooding of back gardens."
It was agreed that this delegation be heard and Christine Murphy, Mary Gilmartin and Phil Collins attended on behalf of Island View Residents Association. Ms Murphy addressed the meeting, giving details of waterlogging in the back-gardens of houses in Island View and the problems being faced by tenants resulting from this.
The town engineer advised that housing maintenance is budget dependent, but that he would come back to the July meeting with a full report.
Item No. 20: Ar Moladh Cllr. O'Gorman :-
"That this Council would ask the Manager for a report on the continuation of the Remedial Works Scheme of John Paul Estate."
The town clerk advised that the Remedial Works Scheme for John Paul Estate is an immediate priority for Kilrush Town Council and Clare County Council. She further advised that the Council was working with the Department on this and that the architects are responding to Department feedback on a Phase 2 outline concept. It is hoped that within the next few weeks a revised concept would be able to be lodged to the Department.
The town manager confirmed to the members that these remedial works are 100% Department funded and that this matter is clearly on the top of the agenda in Kilrush Town Council and Clare County Council. She further advised that the 1st phase of the Remedial Works Scheme was a pilot phase and the Department now need to be sure it was a success.
Item No. 21: Correspondence
Copy letter dated 28th April 2008 received by the County Manager from the Standards in Public Office Commission regarding The Ethical Framework for the Local Government Service (Part 15 of the Local Government Act 2001).
Copy letter dated 8th May 2008 from the Department of Health & Children regarding mammography screening services. Cllr. Culligan expressed her dissatisfaction with this reply from the Department as she feels it is not sufficient to have the matter "noted". It was proposed by Cllr. Culligan and seconded by Cllr. O'Malley that a proper reply be sought from the Department.
Copy letter dated 15th May 2008 from New Ross Town Council regarding housing policy.
Copy letter dated 28th May 2008 from Macroom Town Council regarding refuse charges in private rented accommodation.
Copy letter dated 28th May 2008 from Macroom Town Council regarding famine remembrance. This received the support of the elected members and it was felt that Kilrush Town Council should show the way and organise a remembrance day. It was suggested that the October Bank Holiday Monday be set aside as Famine Remembrance Day.
Copy notification of "Baltimore" Training Seminar for Councillors - "The Local Government Planning Service" - 4th to 6th July 2008 at The West Cork Hotel, Skibbereen.
Votes of Sympathy:
It was agreed that a vote of sympathy should issue to the following :-
Mr. John Clancy, 13 Luttrellstown Rise, Castleknock, Co. Dublin on the death of his mother Mrs. Pauline Clancy.
Mrs. Peggy Cahill, Dooneen Park, Kilrush, Co. Clare on the death of her husband Mr. Aidan Cahill.
On the death of Ger Daly late of The Glen/Griffin Road, Kilrush.
The meeting then concluded.


