Minutes of the November Monthly Meeting of Ennis Town Council held at 3:30 p.m. on Monday, 5th November 2007 in the Council Chamber, Waterpark House, Drumbiggle, Ennis, Co. Clare.
Presiding:
- Mayor T. Brennan
Councillors present:
- J. Reidy,
- J. Flynn,
- T. Matthew,
- D. O’Bearra,
- F. Neylon,
- M. Coote Ryan.
Apologies:
- P. Considine,
- T. Glynn.
Officials present:
- T. Coughlan, Director of Service.
- E. Power, Town Clerk.
- T. Tiernan, Town Engineer.
- L. O’Connor, Senior Staff Officer.
- J. Bradley, Senior Executive Planner.
- Bill Sansum, Executive Planner.
Register: 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 - Adoption of the Minutes of the October Monthly Meeting held at 3.30p.m. on Monday, 1st October 2007
Ar moladh Cllr. M. Coote Ryan, cuidithe ag Cllr. J. Reidy agus glacadh leis:
“That the Minutes of the October Monthly Meeting of Ennis Town Council held at 3.30 p.m. on
Monday, 1st October, 2007 be adopted and signed”
The Mayor and Members requested that their best wishes to sent to Cllr. P. Considine and all Members wished him a speedy recovery.
Item 2 - Review of Ennis and Environs Development Plan 2003 – Formal consideration of submissions
Following a lengthy discussion the Development Plan, the Members considered the Manager’s Report on pre-draft submissions. On the proposal of Cllr. T. Brennan, seconded by Cllr. D. O’Bearra, it was agreed that the Manager’s Report and recommendations dated 5th November 2007 be adopted subject to the review of two submissions received pertaining to land in Barefield and the Kildysart Road.
Item 3 - Proposed disposal of 54 O’Connell Street, Ennis, Co. Clare to Ennis Chamber of Commerce
The Elected Members considered the report dated 27th September 2007 from the Town Clerk. On the proposal of Cllr. D. O’Bearra, seconded by Cllr. M. Coote Ryan, it was 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 disposal of a plot of 54 O’Connell Street, Ennis to Ennis Chamber of Commerce, c/o 54 O’Connell Street, Ennis for the sum of €63,486.90.”
It was further agreed that Ennis Chamber would be requested to fund the cost of the provision of a bicycle stand at O’Connell Street.
Item 4 - Proposed disposal of 5 Lifford, Ennis to Doreen Lane and Karen Lane (Trustees) Patricia Dale (life tenant) and Stephen Davis and Mark Davis.
The Elected Members considered the report from the Town Clerk dated 23rd October 2007.On the proposal of Cllr. T. Brennan, seconded by Cllr. M. Coote Ryan it was 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 disposal of a plot at 5 Lifford Road, Ennis to Doreen Lane and Karen Lane (Trustees) Patricia Dale (life tenant) and Stephen Davis and Mark Davis.”
Item 5 - Planning and Development Regulations 2001 (Part VIII) – Proposed construction of a single storey bedroom extension at 152 Hermitage, Ennis
The Elected Members considered the report from the Town Clerk and the Executive Planner dated 31st October 2007.On the proposal of Cllr. T. Brennan, seconded by Cllr. J. Reidy, it was agreed:
“That Ennis Town Council proceed the construction of a single storey bedroom extension at 152 Hermitage, Ennis in accordance with Section 179 of the Planning and Development Act 2000 and Part VIII of the Planning and Development Regulations 2001”.
Item 6 - Taking in Charge of Victoria Court Housing Development pursuant to Section 11 of the Roads Act 1993
The Elected Members considered the report from the Town Clerk dated 31st October 2007.On the proposal of Cllr. T. Brennan, seconded by Cllr. J. Flynn, it was agreed that the Council resolve to declare the roads in the Victoria Court housing estate to be public roads pursuant to Section 11 of the Roads Act 1993.
Item 7 - Fix date for Budget 2008 Meeting.
It was agreed that the 2008 Budget Meeting would be held at 7.00 p.m. on 18th December 2007 in the Council Chamber, Waterpark House, Drumbiggle, Ennis.
Item 8 - Proposed establishment of Joint Policing Committee.
It was agreed that this item would be deferred to another meeting of Ennis Town Council.
Item 9 - To restructure the Sports Facilities Committee
The Members agreed that the item would be further considered at another meeting of Ennis Town Council.
Item 10 - Association of Municipal Authorities of Ireland submission in relation to Local Government Reform
E. Power, Town Clerk informed the Members that following a request for proposals on Local Government Reform, the Association of Municipal Authorities of Ireland made a submission to the Minister for the Environment, Heritage and Local Government. The Town Clerk outlined that the Association was now looking for support for the submission. The majority of members present agreed to support the submission. Cllr. J. Flynn told the meeting that he had made his own submission to the Minister and would have difficulty in supporting some of the A.M.A.I.’s proposals.
Item 11 - Public Transport in Ennis
The Elected Members considered the report of E. Power, Town Clerk dated 31st October 2007. They welcomed the proposed bus service.In response to a query from Cllr. J. Flynn, T. Coughlan, Town Manager informed the members that Bus Eireann were fully committed to providing a bus service for Ennis. He noted that provision had been made in the 2007 Budget for a Transport Feasibility Study.The Town Manager suggested that these funds could be frozen and used in the event that Bus Eireann does not provide a bus service for Ennis. On the proposal of Cllr. T. Brennan, seconded by Cllr. M. Coote Ryan, it was agreed that Bus Eireann’s licence application would be supported and the Minister for Transport informed accordingly. It was further agreed that Clare’s T.D.s would be written to requesting their support for the application.
Item 12 - To note proposed projects/works (Pre Part VIII)
The Elected Members noted the report from the Town Clerk dated 31st October 2007 and welcomed the proposed works.
Item 13 - Notice of Motion submitted by Cllr. J. Flynn:
“Ask the Town Engineer to provide a progress report on the proposed roundabouts on Tulla Road at Cappahard/Oakleigh Wood and at Roslevan Centre”.
In a written response dated 5th November 2007, the Town Engineer replied as follows:
Provision of the roundabout to be constructed at the junction adjacent to the present entrance to the Roslevan Centre is a matter for the developer who is currently engaged in the development of a new road along the western side of the Roslevan Centre which in turn will provide a new access for the centre as well as access for development lands to the north. Appropriate conditions are incorporated in the relevant planning permission – these conditions effectively require that the roundabout be provided at an early stage in the development and in accordance with the detailed design which must be agreed with the Council. At this stage, design details have been agreed and issues such as insurances, safety plans, traffic management plans, are at present being dealt with by the developer in consultation with the Area Engineer.I am advised that construction of this roundabout is to commence within weeks.
With regard to the proposed roundabout to be located at the Oakleigh Wood/Cappahard junction, progress is not as encouraging. Difficulties being encountered relate to land acquisition. A C.P.O. process previously commenced had to be withdrawn due to a technicality and arising from same a more comprehensive C.P.O. is set to be prepared – This will be published within the next few weeks and its outcome should be clear during the first half of 2008.Priority would then be given to development of the roundabout as soon as possible thereafter.Given the particular issues associated with this junction some temporary improvement works were carried out some time ago. Also, tenders are being invited this month to facilitate development of the recently approved pedestrian crossing which is to be provided on the town side of the proposed junction – when this crossing is provided it will provide a traffic calming influence which should be of benefit to users of the junction.
Cllr. J. Flynn noted that the commencement of works for the provision of a roundabout at Roslevan was a welcome development. He expressed concern that the proposed roundabout at Oakleigh Wood would not commence next year. In response to a query from Cllr. M. Coote Ryan regarding the junction of Corrovorrin and Kevin Barry Avenue and the Tulla Road, the Town Engineer noted that traffic counts at the junction at peak times had indicated only modest queues of traffic entering and exiting these junctions, however the matter could be re-visited once the by-pass was fully opened.
Item 14 - Notice of Motion submitted by Cllr. J. Flynn:
“Ask the town Manager to provide a report on what would be likely to be the financial impact on Ennis Town Council 2008 Annual Budget in the event of a low-income household refuse collection subsidy been introduced”.
In his written response the Town Clerk replied as follows:
The Council made a decision in 2005 to discontinue the provision of a refuse collection service. This decision was based on the fact that the Council’s customer base was falling with a consequential impact on operational costs. The question of the Council providing a subsidy to low income households in respect of a refuse collection service was subsequently considered by the Council. The Council was previously informed of the legal position regarding the subsidisation of a refuse collection service provided by a private operator. The present legal position has not changed since this issue was last discussed by the Council.
The Council’s legal advice is that the making of arrangements to subsidise low income households in respect of the cost of refuse collection service not provided by the council would be illegal.
Accordingly, the Council is not in a legal position to subsidise the provision of a refuse collection service operated by a private service provider.
Cllr. J. Flynn noted that the Council had operated a waiver scheme while it operated a refuse collection service. He added that there was anecdotal evidence that increased refuse charges had led to fly tipping. Cllr. Flynn also added that a refuse collection service for low-income households was operated in Limerick and estimated that such a service in Ennis would cost approximately €100,000. In response the Town Manager told the Members that a local authority cannot give a subsidy for a charge that they do not levy. He noted that Limerick got into legal difficulties with regard to this refuse service and he was not aware of any other town that provided a refuse service for low income households. The Town Manger also stated that there were social welfare provisions to assist households on low income. The Members suggested that the Department of Family and Social Affairs be written to on this issue.
Item 15 - Correspondence
Letter received from Kildare County Council in relation to a Notice of Motion adopted by that Authority regarding the payment of a statutory fee by public representatives for the making of a submission on a planning application.
On the proposal of Cllr. D. O’Bearra, seconded by Cllr. J. Flynn it was agreed that the following Notice of Motion adopted by Kildare County Council would be supported:
“That the Minister for Environment, Heritage and Local Government be requested to amend Section 246(b) of the Planning Act 2000 which requires that public representatives pay a statutory fee of €20.00 in respect of a submission made on a planning application. The amendment should abolish the fee requirement for public representatives in their local authority area.”
It was further agreed that the Minister for the Environment, Heritage and Local Government would be written to on this issue.
Letter received from Ennis Trad Festival seeking financial support for the 2007 festival.
On the proposal of Cllr. M. Coote Ryan, seconded by Cllr. J. Reidy, it was agreed that a contribution of €2,000 would be given to Ennis Trad Festival towards the cost of hosting that Festival.
Letter received from Roibeard O’Ceallaigh requesting that a Civic Reception be accorded to mark the 25th Anniversary of Feile na hInse.
On the proposal of Cllr. T. Brennan, seconded by Cllr. M. Coote Ryan, it was agreed that a Civic Reception would be held in 2008 to mark the 25th Anniversary of Feile na hInse.
Item 16 - Conferences and Seminars
“Effective Communications for Councillors” – Training Seminar being organised by Kadenza Consultancies and taking place at the Silver Tassie Hotel, Milford Road, Letterkenny, Co. Donegal on 16th to 18th November 2007.
On the proposal of Cllr. T. Brennan seconded by Cllr. P. Considine the Council nominated Cllr. T. Matthew as a Delegate to attend this Conference.
Item 17 - Any Other Business
Replies to Notice of Motion
Cllr. T. Matthew proposed that replies to Notices of Motion would be issued to the Members before Council Meetings to enable Members to study the replies. E. Power, Town Clerk in response stated that, where possible, replies would be sent to the Members before the Monthly Meetings.
Hostel
Cllr. J. Flynn requested that as part of the review of the Development Plan provision would be made for the development of a hostel for tourists in Ennis.
Christmas Tree
E. Power, Town Clerk informed the meeting that the Christmas Tree would be located in the Market area again this year and that it was proposed that the Council would again co-operate with the Lions Club with regard to their “Buy a Bulb” fundraising scheme. This was agreed by the Members.
Laneway at Lifford Road
The Members noted that they had received letters from Residents of Lifford Road requesting that the laneway behind the County Council offices would be re-surfaced.The Members requested that this would be examined.
Lands at Kilrush Road
The Town Manager informed the Members that indications had been given to the Council that the Bishop would provide land adjacent to the proposed school on the Kilrush Road for the provision of two playing pitches. The pitches would be owned and managed by the Council but would be made available to the school during school hours. The Members welcomed this development.
Proposed new library
The Town Manager advised the Members that approval had been given for the appointment of a Design Team for the proposed new library. Cllr. D. O’Bearra requested that a copy of the Design Brief would be copied to the Elected Members.This was agreed.
Laneway at Oak Park/Oakwood Drive
In response to a query from Cllr. J. Flynn, T. Tiernan, Town Engineer informed the meeting that it would be recommended to the Council that the public right of way over this laneway be extinguished and that options for the closing of the laneway were being considered.
Votes of Sympathy
The Elected Members passed a vote of sympathy to the family and relatives of the late:
- Mrs. Maura Cotter, Victoria Court, Ennis.
- Mr. Summerly, Gort Road, Ennis.
- Mr. Michael Barry, Inch, Co. Clare.