Minutes of the September Monthly Meeting of Ennis Town Council held at 3:30 p.m. on Monday, 1st September 2008 in the Council Chamber, Waterpark House, Drumbiggle, Ennis, Co. Clare
Presiding
- Mayor P. Considine
Councillors present
- T. Brennan
- M. Coote Ryan
- J. Flynn
- T. Glynn
- T. Matthew
- F. Neylon
- D. O’Bearra
- J. Reidy.
Officials present
- T. Tiernan, A/Director of Service
- E. Power, Town Clerk
- N. O’Keeffe, Administrative Officer
The Register of Orders by the Director of Service, Town Clerk and Town Engineer and the Planning Register were on the meeting table.
Item 1(a) Adoption of the Minutes of the Annual Meeting of Ennis Town Council held at 7.00 p.m. on Friday, 27th June 2008.
Ar moladh Cllr. T. Brennan cuidithe ag Cllr. M. Coote Ryan agus glacadh leis: "That the Minutes of the Annual Meeting of Ennis Town Council held at 7.00 p.m. on 27th June 2008 be signed".
Item 1(b) Adoption of the Minutes of the July Monthly Meeting of Ennis Town Council held at 3.30 p.m. on Monday, 7th July 2008.
Ar moladh Cllr. T. Brennan cuidithe ag Cllr. M. Coote Ryan gus glacadh leis: "That the Minutes of the July Monthly Meeting of Ennis Town Council held at 3.30 p.m. on Monday, 7th July 20087.00 p.m. on be signed".
Matters arising
E. Power, Town Clerk advised that as traffic flow was already restricted due to ongoing flood relief works it would be unwise to pedestrianise streets on European Car Free Day which is to take place on Monday, 22nd September 2008. The Elected Members agreed.
Cllr. J. Flynn referred to matters he had raised at the July Meeting held on 7th July 2008 regarding a survey of the river walls and public lighting of bridges. T. Tiernan, A/Director of Service replied that the river walls at the Garda Station had been examined a number of years ago and again recently. The recent examination showed no deterioration since the previous assessment and no real threat is posed. The condition of some trees within the confines of the Garda station featured in this examination. The relevant details have been passed to the Garda authorities who have agreed to comply with the findings. He further advised the members that lighting on some bridges is being affected by private development work, but this is expected to change shortly.
E. Power, Town Clerk informed the members that enforcement of the Presentation of Waste Bye Laws would commence on 15th September 2008. In the ensuing discussion Cllr. Mary Coote Ryan raised the issue of inadequate servicing of the bottle bank in Francis Street resulting in bottles being deposited on the footpath. She paid tribute to the McGrath family whose efforts contribute hugely to the tidy appearance of the bottle bank. Cllr. Tom Glynn agreed that servicing of the containers had been unsatisfactory for the last month and it was not the public’s fault that bins were full when they brought material for recycling. Cllr. Peter Considine suggested more frequent collections and acknowledged that demand for glass recycling had increased.
T. Tiernan, A/Director of Service explained that Clare County Council had recently changed contractor, and teething difficulties were being experienced but was confident that they would be eliminated quickly.
Cllr. F. Neylon raised the issue of scrap dealers operating from housing estates and illegal dumping in vacant houses and requested that byelaws be applied across the board. He was supported by Cllr. T. Glynn and Cllr. T. Brennan who stated that certain estates were cases in point and requested that a survey be carried out to determine the scale of the problem.
T. Tiernan, A/Director of Service outlined that recourse through the courts was dependent on evidence and proof. Cllr. F. Neylon suggested that CCTV be used to gather evidence. This was endorsed by Cllr. T. Matthew and Cllr. J. Flynn who suggested that a survey could be carried out by private investigators if necessary. In relation to the parking of these trucks on the footpaths in housing estates, it was agreed to write to the Gardaí requesting that they pay particular attention to this problem.
Item 2 Proposed taking in charge of Ardlea Close Housing Estate pursuant to Section 11 of the Roads Act 1993
The Elected Members considered the report of E. Power, Town Clerk dated 27th August 2008. It was proposed by Cllr. T. Brennan, seconded by Cllr. J. Reidy, and agreed that Ennis Town Council declare the roads in the Ardlea Close Housing Development to be public roads pursuant to Section 11 of the Roads Act 1993.
Item 3 Planning and Development Regulations 2001 (Part VIII) - Proposed provision of Section E of the Inner Relief Road
The Elected Members considered the report of E. Carey, Executive Planner dated 27th August 2008. It was proposed by Cllr. T. Brennan, seconded by Cllr. J. Reidy and agreed that Ennis Town Council proceed with the provision of Section E of the Inner Relief Road at Station Road, Ennis in accordance with Section 179 of the Planning and Development Act 2000 and Part VIII of the Planning and Development Regulations 2001.
Item 4 Nomination of a Representative to the "Ennis West Community Sports Club"
The Elected Members considered the report of E. Power, Town Clerk dated 27th August 2008. It was proposed by Cllr. T. Brennan, seconded by Cllr. F. Neylon and agreed that Cllr. J. Reidy would be nominated as the Council’s Representative on the Ennis West Community Sports Club.
Item 5 Lease of property at Cloughleigh, Ennis to "Ennis West Community Sports Club" pursuant to Section 183 of the Local Government Act 2001
The Elected Members considered the report of E. Power, Town Clerk dated 21st August 2008 which had been circulated to the Members pursuant to Section 183 of the Local Government Act 2001. It was proposed by Cllr. T. Brennan, seconded by Cllr. M. Coote Ryan and agreed that notice having been served pursuant to Section 183 of the Local Government Act, 2001, Ennis Town Council approves, pursuant to the powers vested on it at Section 211 of the Local Government (Planning and Development) Act 2000, of the lease of property at Cloughleigh, Ennis to Ennis West Community Sports Club.
Item 6 Lease of part of the Clare Museum Building to Shannon Consortia pursuant to Section 183 of the Local Government Act 2001
The Elected Members considered the report of E. Power, Town Clerk dated 21st August 29007 which had been circulated to the Members pursuant to Section 183 of the Local Government Act 2001. It was proposed by Cllr. T. Glynn, seconded by Cllr. T. Brennan and agreed that notice having been served pursuant to Section 183 of the Local Government Act, 2001, Ennis Town Council approves, pursuant to the powers vested on it at Section 211 of the Local Government (Planning and Development) Act 2000, of the lease of portion of the Clare County Museum Building to Shannon Consortium.
Item 7 Allocation of Priming Grants 2008
The Elected Members considered the report of E. Power, Town Clerk dated 27th August 2008. It was proposed by Cllr. T. Brennan, seconded by Cllr. M. Coote Ryan and agreed that priming grants would be allocated as follows:
Ard na Gaoithe €300
Aughanteeroe €300
Avondale €300
Carraig an Oir €300
Carraig Dubh €300
Castlerock €300
College Green €300
College Grove €300
Cregaun €300
Cusack Lawn €300
Dalcassian Park €300
Drumbiggle €300
Clancy Park €300
McHugh Villas €300
Dun na Ri €300
Elm Park €300
Elm Wood €300
Fergus Manor €300
Fernhill €300
Frenchpark €300
Glenina €300
Glenoir €300
Glensheen €300
Greendale €300
Hazelgrove €300
Hazelwood €300
Iniscarragh €300
Kincora Park €300
Maiville €300
Meadow Court €300
Phoenix Court €300
Pine Grove €300
Rosanore €300
Springfield €300
Station Court €300
The Green €300
Tir Eda €300
Turnpike Area €300
Westfields €300
Willsgrove €300
Woodview €300
Mayor P. Considine commended the various groups for their efforts which he stated far outweigh the small amounts they receive is assistance.
Item 8 To note proposed projects/works
The Elected Members noted the correspondence dated 27th August 2008 from E. Power, Town Clerk in relation to the proposal to construct an extension to 12 Pearse Avenue
Cllr. F. Neylon queried criteria and order of commencement in relation to housing remedial works. He requested that a works programme be made available to the Elected Members. T. Tiernan, A/Director of Service explained that with completion of central heating installation programme there was no remedial works funding available from Department of the Environment, Heritage and Local Government. In reply to Cllr. F. Neylon’s query regarding smaller jobs, T. Tiernan, A/Director of Service said the funds were limited and came from Ennis Town Council’s own resources, but that guidelines would be applied sympathetically in cases of genuine need.
Item 9 Nomination of a Representative to the Liaison Committee in relation to the flood relief works
The Elected Members considered the report of E. Power, Town Clerk dated 27th August 2008 in relation to the nomination of a Representative to the Flood Relief Works Liaison Committee. It was proposed by Cllr. T. Brennan, seconded by Cllr. J. Reidy and agreed that Cllr. P. Considine, Mayor of Ennis would be the Council’s Representative on this Committee.
Item 10 Nomination of a Representative to the CLDC - Deferred from the July Meeting
The Elected Members considered the report of E. Power, Town Clerk dated 27th August 2008 in relation to the nomination & selection of a single representative from the Town Councils of Ennis, Kilrush, Kilkee & Shannon to the C.L.D.C. It was proposed by Cllr. F. Neylon, seconded by Cllr. T. Brennan and agreed that Cllr. P. Considine, Mayor of Ennis would be the Council’s nomination to the selection process.
Item 11 Quarterly Progress Report
The Elected Members noted the Quarterly Progress Report on Ennis Town Council’s activities that had been circulated with the Agenda.
Cllr. J. Flynn complimented the Town Engineer on the progress being made on many projects and raised the issue of loading difficulties being experienced in Lower Market Street due to the installation of new bollards and construction of central median. Cllr. D. O’Bearra enquired whether bicycle stands had been installed as planned and requested a progress report for the next meeting.
Item 12 Notice of Motion submitted by Cllr. J. Flynn:
"That Ennis Town Council/Clare County Council prepare and urgently implement a water rescue plan in co-ordination with other relevant agencies/bodies".
Introducing the Notice of Motion, Cllr. J. Flynn outlined that there had been two unfortunate drownings recently in the river Fergus in Ennis and the desirability of putting in place a co-ordinated water rescue plan. He stressed the need to respond swiftly and due to their voluntary nature the response times of the Sub Aqua Club and Civil Defence can be in the region of one hour, and suggested that perhaps the Fire Service could use their equipment. Cllr. T. Brennan complimented the Fire Service, Sub Aqua Club and Civil Defence on their role in these operations and Cllr. M. Coote Ryan likewise complimented their participation.
Cllr. F. Neylon stated that according to representations made to him, Fire Tenders don’t carry defibrillators and Fire Crews are not allowed enter the river. E. Power, Town Clerk stated that since he hadn’t received prior notice of this issue he suggested that the views of the Chief Fire Officer be sought. Cllr. P. Considine outlined the need for people to exercise personal responsibility in relation to the river and be alert to the inherent dangers. He praised the Civil Defence and Sub Aqua Club for their role in rescue/recovery operations and agreed that the Chief Fire Officer was the most appropriate person to address the issues raised relating to Fire Service participation in such operations. Cllr. T. Glynn complimented those involved but said he had been contacted by Fire Service personnel present at these operations who felt they were denied fuller participation. Summing up Cllr. J. Flynn stated that his motion highlighted the need for a water rescue plan to be put in place.
Item 13 Notice of Motion submitted by Cllr. J. Flynn:
"That a report be presented for discussion by elected members, on the efficiency and effectiveness of the permanent treatment plan under construction for Ennis and Environs water supply".
In his written response the Town Engineer replied as follows:
"My response to this Notice of Motion is based on the assumption that it is related to issues raised in a front-page story in last week’s Clare Champion (dated 29th August). The story makes reference to observations made by a water treatment specialist, Dr. Bill Brignal who was engaged by the H.S.E. to examine issues pertaining to Ennis water supply independently.
The first point I would make is that Dr. Brignal’s report was written 12 months ago and not recently as per the impression given in the local press.
Secondly, the key issues raised by Dr. Brignal are the same issues raised by the Council approximately eight years ago when the Brief to facilitate development of a new treatment plant was written - these are the issues which are of primary concern in relation to the Ennis water supply source - control of turbidity and colour, control of the level of trihalomethanes (THM’s) in the water and the prevention of access of cryptosporidium to the public water supply.
Arising from the foregoing, the Contractors appointed to design a new treatment plant, to construct it and then to operate it for a period of 20 years thereafter are contractually bound to provide a quality water to the consumer in relation to which all of the key issues referred to above are effectively dealt with and also to ensure compliance with Regulations which determine water quality requirements otherwise.
Notwithstanding the foregoing, there is ongoing liaison between the Council and the Contractors with a view to ensuring that all stakeholders are satisfied that the finished product will be fully compliant and effective. The issues raised by Dr. Brignal are among a number of issues which have been receiving attention as the detailed design of the new treatment plant has proceeded. At this stage, over 90% of the detailed design of the new treatment plant has been finalised and a significant proportion of the equipment has been installed. The main feature of the treatment plant is membrane filtration - as in the interim plant - because of its established capacity to protect the public supply against ingress of cryptosporidium. However, there are two key differences between the interim plant and the permanent plant:
Significantly increased membrane capacity, and
The incorporation of pre-treatment stages.
The incorporation of pre-treatment stages such as pH correction, coagulation and flocculation is designed to prepare the water for its encounter with the membrane so that it does not compromise the efficiency or effectiveness of the membrane as it passes through it. This has been the main problem with the interim plant and the experience gained in dealing with the interim plant has been of significant benefit in dealing with design issues pertaining to the new plant. In addition, through the design process, testing of equipment and its capacity to deal with the raw water as well as laboratory assessment of the various chemical dosing options have been ongoing. At this stage, most issues in relation to which concerns were raised have been dealt with. The only issue of significance in relation to which a conclusion has yet to be reached is the question of whether an additional pre-clarification stage is required prior to the membrane stage. If this is required it will be provided.
I am satisfied that the procedures adopted to facilitate the provision of a treatment plant to fully respond to the characteristics of the raw water emanating from Drum cliff Springs have been thorough and focused and that the end result to be achieved in 2009 will achieve the required objectives and provide Ennis and Environs with a reliable, high quality and fully compliant water supply."
Cllr. J. Flynn outlined the background to this motion including the independent analysis of treatment plant, the five or six cases of cryptosporidium early in the year, the involvement of the EPA and HSE and the public health and public safety issues. Cllr. T. Brennan welcomed the Town Engineer’s report and was satisfied with progress and the imminent solution. Cllr. T. Glynn said he was delighted that the water treatment plant was 90% complete and welcomed the inclusion of a pre-clarification stage if that is deemed to be needed. Cllr. P. Considine expressed that view that technology had progressed considerably since the design of the plant commenced and this would ensure a successful outcome. T. Tiernan, A/Director of Service referred to the nature of the Ennis water supply and how the issues raised recently were previously raised twelve months ago and their solution has been incorporated into the final design of the new plant. He stated that there had been a huge improvement in water quality since June 2006, but due to the risk assessment and management procedures in place, together with continuous testing the level of risk to which the public is exposed is low. Should there be any deterioration in water quality, the public will be notified immediately. Cllr. J. Flynn questioned whether the practice used in Galway of Ultra Violet rather than Chlorine treatment could be adopted in Ennis. T. Tiernan, A/Director of Service replied that ultra violet was not an appropriate solution in these circumstances. Cllr. T. Brennan questioned whether Dr. Brignal’s issues were dealt with. T. Tiernan, A/Director of Service replied that they were not new issues and were included in the design process. Cllr. F. Neylon complimented Tom Tiernan and his staff and said that having lived with this problem the end was now in sight and people should take a positive approach. Cllr. D. O’Bearra suggested publishing the water test results and posting to consumers to gain public confidence because there were concerns about the accuracy of information on this topic. Cllr. P. Considine said he was happy to take the advice of the Town Engineer and looked forward to the opening of the plant, and suggested that then would be the right time to leaflet consumers.
Item 14 Correspondence
Letter received from Kilrush Town Council in relation to a Notice of Motion adopted by that Council regarding the levying of water charges on schools.
Cllr. T. Glynn supported the following Notice of Motion which had been adopted by Kilrush Town Council at a recent meeting:
"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".
Letter received from Skibbereen Town Council in relation to a Notice of Motion adopted by that Council regarding the Irish fishing industry.
Cllr. T. Glynn stated that he supported the following Notice of Motion which had been adopted by Skibbereen Town Council:
"Skibbereen Town Council supports our fishermen in their efforts to save their livelihoods and the fishing industry which is so important to coastal areas by increasing the Irish share of the quota, a more common sense enforcement of the fishing regulations by the authorities and an immediate financial package for fishermen to alleviate the rising cost of fuel".
Letter received from Fermoy Town Council in relation to a Notice of Motion adopted by that Council regarding the entitlement to vote at Local Authority elections.
Cllr. T. Glynn supported the following Notice of Motion which had been adopted by Fermoy Town Council:
"That this Council calls on the Government to enact legislation whereby any individual who pays rates or services charges to a Local Authority be entitled to vote in that Local Authority’s elections and that we circulate details of the motion to Councils countrywide to seek their support".
After discussion on the matter of eligibility to vote in Local Elections for persons not resident in the town, it was agreed to write to the Minister for Environment, Heritage and Local Government supporting the motion.
Letter received from the Department of the Environment, Heritage and Local Government regarding the control of postering for elections and referenda.
It was agreed to make a submission to the Environment Policy Section before the closing date of 15th September 2008 stating that the Council would support an initiative which would:
Limit posters to designated billboards or temporary hoardings,
Limit the number of posters per candidate, and
Introduce a Code of Practice on issues such as maximum poster size, bio-degradability of materials and poster ties.
Letter received from the Traveller Accommodation Unit of Clare County Council in relation to the new Traveller Accommodation Programme.
It was agreed to await the publication of the Draft Plan before making any comment/observation.
Item 15 Conferences and Seminars
Association of Municipal Authorities of Ireland 95th Annual Conference taking place at the Sligo Park Hotel, Sligo on 11th to 13th September 2008.
On the proposal of Cllr. T. Brennan and seconded by Cllr. F. Neylon, the Council nominated Cllr. M. Coote Ryan as a Delegate to attend this Conference.
2008 La Touche Legacy Seminar being organised by Greystones Town Council and taking place at the Charlesland Golf & Country Club Hotel, Greystones, Co. Wicklow on 3rd to 5th October 2008.
On the proposal of Cllr. J. Flynn and seconded by Cllr. F. Neylon, the Council nominated Cllr. T. Matthew as a Delegate to attend this Conference.
On the proposal of Cllr. F. Neylon and seconded by Cllr. J. Flynn, the Council nominated Cllr. D. O’Bearra as a Delegate to attend this Conference.
Item 16 Any Other Business
The Elected Members passed a vote of sympathy to the family and relatives of the late:
- Michael Singleton, Hermitage, Ennis.
- Patsy Guerin, 43 McNamara Park, Ennis.
- Brigid Curley, Showgrounds Road, Ennis.
- Mary Hennessy, College Green, Ennis.
- Fergus Carey, Tarbert, Co. Kerry.
- Mrs. Peter Lenihan, Ard na Greine, Ennis.
The meeting then concluded.


