Minutes of the November Monthly Meeting of Ennis Town Council held at 3:30 p.m. on Monday 2nd November 2009 in the Council Chamber, Waterpark House, Drumbiggle, Ennis, Co. Clare
Presiding
- Mayor F. Neylon
Councillors present
- T. Brennan
- P. Considine
- M. Coote Ryan
- J. Flynn
- M. Guilfoyle
- P. O'Shea
- M. Howard
- B. Meaney
Officials present
- G. Dollard, Town Manager
- E. Power, Town Clerk
- E. O'Dea, Town Engineer
- Syl Barrett, Staff Officer
Register
The Register of Orders by the Director of Service, Town Clerk and Town Engineer and the Planning Register were on the meeting table.
The Mayor, Cllr F. Neylon, welcomed everyone. Cllr. F. Neylon stated that item 15(a) would be dealt with first.
15 (a). Request for deputation from Cloughleigh area regarding Youth Café and Community Resource Building
Brendan Kenny addressed the meeting on behalf of the Cloughleigh residents. He presented the Councillors with a written submission. Brennan Kenny stated that the Residents of Cloughleigh wish to voice their strongest opposition to the proposed building for numerous reasons. He stated that firstly they would like to briefly state that this issue has never been about a "methadone clinic" and that their principal objection and issue is the location of the premises and the part (viii) process which in their belief was flawed and is being used to railroad a plan against the wishes of the majority of local residents.
He outlined the issues as the lack of consultation, the location of the premises, the Part VIII process, the site notice and alternative locations. He stated that alternative locations should be in a commercial, non-residential setting. He gave examples of these as the former offices of the ESB and the Clare Lodge Hostel. He also stated that there are also a number of other vacant sites along this route.
In conclusion, he stated that the resident's sole objective in attending the Council meeting was to inform the Council that the majority of residents across the RAPID areas are totally opposed to the location of this site. He stated that they are in full support of an alternative site as there is a recognized need to consider what is best for the young people in the Ennis area.
Geraldine Dinan also spoke on behalf of the residents. She stated that the work of the Clare Youth Service is of immense importance to the county. She also stated that no consultation occurred with the residents in that area. The Town Manager said he had taken the advice of the Community Forum and that consultation had taken place. However, Ms. Dinan stated that residents were not consulted by any community body.
The Deputation left the Council Meeting having completed their presentation.
6. Placenames Committee Presentation
Cllr. Frankie Neylon welcomed Dick Cronin and Emer O'Flaherty. Dick Cronin, Chairman of the Placenames Committee addressed the Council. He stated that the Committee began at a meeting of the Planning Dept., as it was discovered that there was difficulty in naming housing estates. He stated that Local historical societies, archaeological societies and others were invited to form a committee. He stated that this was completed and the committee now meets every six weeks.
Emer O'Flaherty outlined the process normally taken to name a particular area, estate, road, etc. She stated that in the most parts, names are in Irish but they try to incorporate the tradition and the townland of the area into the names.
Emer O' Flaherty stated that it would be welcome if an Ennis Town Councillor was on their committee.
Cllr. F. Neylon proposed Cllr. M. Howard, and this was seconded by Cllr. T. Brennan and agreed.
1. (a) Adoption of the Minutes of the October Monthly Meeting of Ennis Town Council held on Monday, 5th October 2009 at 3.30 p.m.
Cllr. M. Howard proposed that the October Monthly Meeting minutes be amended as her attendance was not recorded. This was seconded by Cllr. J. Flynn and agreed.
Cllr. J. Flynn proposed that the October Monthly Meeting minutes be amended as under the heading of any other business, the matters raised in relation to Fioruisce and Willow Park were not included. This was seconded by Cllr. M. Guilfoyle and agreed.
Ar moladh Cllr J. Flynn, cuidithe ag Cllr M. Guilfoyle agus glacadh leis:
"That the Minutes of the October Monthly Meeting of Ennis Town Council held at 3.30 p.m. on Monday, 5th October 2009 as amended be signed"
(b) Adoption of the Minutes of the Special Meeting of Ennis Town Council held on Tuesday, 20th October 2009 at 4.30 p.m
Ar moladh Cllr M. Guilfoyle, cuidithe ag Cllr J. Flynn agus glacadh leis:
"That the Minutes of the Special Meeting of Ennis Town Council held at 3.30pm on Tuesday, 20th October 2009 be signed"
Matters arising
Cllr. M. Guilfoyle stated that he had a look at the planning file in relation to the Youth Café and that he was surprised to see that the land was already purchased at Cloughleigh School. He asked for a date for when the land was purchased. Cllr. F. Neylon stated that he did not see a site notice in Cloughleigh and he was definite about that. Cllr. J. Flynn said he voted in favour of this project but that he intended not to support the project if there are any future votes.
G. Dollard, Town Manager stated this project is ongoing since 2006. He stated that some of the allegations in relation to the staff are offensive. He stated it is absolutely untrue that a new site notice was erected after the October Council Meeting when the decision to proceed with the development was made. Cllr. Michael Guilfoyle questioned the exact location of the site notice. G. Dollard, Town Manager stated that it was erected on the pole identified. Cllr. M. Guilfoyle stated it was never on that pole. E. O'Dea, Town Engineer, stated that he saw the site notice on Friday 31st July. He said that he saw it on that date. Cllr. F. Neylon stated that if the site notice was wrapped around a pole, this was not a correct way to display a site notice.
Cllr. B. Meaney, dismissed the suggestion that the site notice was erected after the decision was made. He said he spoke to the CEO of the Clare Youth Services and she showed him a leaflet that was distributed to eleven houses, before the advertisement was placed in the newspaper. Cllr. B. Meaney said this is a vital project, he supports it and leadership is required in relation to this matter. Cllr. F. Neylon stated he welcomed the Youth Café but the problem with the project is the location. He questioned why all of the funding being drawn down for RAPID projects is being spent in the Cloughleigh area. He stated that there was no proper consultation. Cllr. B. Meaney said there was specific information given to the residents in the week prior to 17th July.
Cllr. P. O'Shea said the Council should immediately have an open day presented by the Youth Service and Gardai showing the benefits of this project.
E. Power, Town Clerk stated that at the February 2007 meeting, the then Town Manager informed the Council that it was proposed to acquire the site in question.
Cllr. T. Brennan stated that he supported the project, that it has been on the agenda for a long time and he doesn't recall anyone objecting during that period.
Cllr. F. Neylon stated that he objected. Cllr. T. Brennan said that a lot of untruths have been told in relation to this matter and the Council have voted in favour of the project by 7 votes to 2.
Ger Dollard stated that he was willing to sit down with representatives of the community and the Youth Service and discuss the issues in relation to this project.
Cllr. P. O'Shea stated that the elderly residents in the vicinity of the Youth Café's in Ennis and Shannon should also be invited to give their views on this matter.
2. Fix date for Budget 2010 Meeting
E. Power stated that, in previous years, the budget meeting was held prior to Christmas. He suggested the 10th or 17th December for the meeting. It was agreed to hold the Budget Meeting at 7 p.m. on 10th December 2009. Tuesday 24th November 2009 at 7 p.m. was agreed for the preliminary Budget Meeting.
3. Adopt the Scheme for the Municipal Policy Committee
E. Power, Town Clerk, stated that the next stage is the formal adoption of the scheme by the members. He stated that no submissions were received.
Having considered the report of the Town Clerk it was proposed by Cllr. P. Considine, seconded by Cllr. M. Guilfoyle and agreed that the scheme for the establishment of the Municipal Policy Committee be adopted.
4. To nominate one representative from Ennis Town Council to Clare County Council's Strategic Policy Committee
Cllr. T. Brennan proposed Cllr. M. Guilfoyle. Cllr. J. Flynn seconded this proposal.
It was agreed that Cllr. M. Guilfoyle would be the Ennis Town Council representative to the Clare County Council SPC.
5. To Note proposed projects/works
Cllr. J. Flynn welcomed the pedestrian crossing at Kelly's Korner. Cllr. T. Brennan commended the Town Engineer for his work.
7. Nomination of one member to Lees Road Sports Facilities Committee
Cllr. M. Guilfoyle proposed Cllr. M. Howard and this was seconded by Cllr.
P.O'Shea. Cllr. M. Howard asked why did Cllr. M. Guilfoyle resign. Cllr. M. Guilfoyle
responded that he did not feel he was achieving what he had hoped to.
Cllr. J. Flynn stated the problem may be the name of the committee and that
maybe it should be changed. E. Power, Town Clerk responded that it has already
been changed to the Lees Road Sports Facilities Committee.
8. Notice of Motion submitted by Cllr J.Flynn
I propose that this Council in order to deal with particular anti social behaviour
carry out the following works from own resources and grants where available to:
Improve public lighting to Island (Cloughleigh) car park
Improve public lighting along riverwalks on river Fergus from Lahinch Road to Woodquay Parnell St Car Park.
Extend CCTV systems to cover riverwalks on river Fergus from Lahinch Road to Woodquay Parnell St Car Park.
Provide gates to lock off same stretches of riverwalks during hours of darkness.
"In his written reply the Town Engineer replied as follows:-
Improve public lighting to Island (Cloughleigh) car park
The car park public lighting is provided by floodlighting fixed to the rear of the lighting poles along Cloughleigh /Circular Road. This provides adequate lighting for this car park area. I will examine the location again once the temporary offices for the Fergus Drainage Scheme have been removed.
Improve public lighting along riverwalks on river Fergus from Lahinch Road to Woodquay Parnell St Car Park.
Public Lighting is provided from the Lahinch Road to Mill Road River Walk and River Walk from the Island car park and they are operating. The Public Lighting from the Mill to Woodquay is within the works area of the Fergus Drainage Scheme at present and this area is not open to the public at this time. The public lighting in the area near the mill wheel is operated from the Clare County Enterprise Board Offices. This area will be inspected with ESB in November to confirm the level of public lighting. Subject to consultation with the Gardai, consideration will be given to increasing light intensity at certain locations, subject to available funding.
Extend CCTV systems to cover riverwalks on river Fergus from Lahinch Road to Woodquay Parnell St Car Park.
The Community CCTV camera proposed for the island car park will provide 360 degree coverage of the car park, the park towards Mill Road, along the river walk from the car park and along part of the river walk on opposite bank where existing trees permit.
The Council will consult with the Gardai about provision of further CCTV and is subject to available funding.
Provide gates to lock off same stretches of riverwalks during hours of darkness.
Consideration could be given to providing a gateway to the river walk from the Island Car park. Consideration of the provision of gateways on the other riverwalks would not be feasible."
The Notice of Motion was proposed by Cllr. J. Flynn and seconded by Cllr. M.
Guilfoyle.Cllr. J. Flynn welcomed the comprehensive report from the Town Engineer. He stated that the closing – off of gateways to the riverwalks at night time is very important. Cllr. P. Considine queried the availability of our own resources to carry out these works. E. Power, Town Clerk stated any such works have to be considered in the context of the 2010 budget. He stated that the town CCTV scheme is a Garda project but submissions can be made to the Gardai in relation to particular items.
9. Notice of Motion submitted by Cllr J. Flynn
I propose that this Council fully enforce its own Casual Trading Bylaws in Market
Area to ensure that orderly casual trading occur with minimal negative impact on
adjoining ratepaying businesses.
In his written reply the Town Clerk replied as follows:-
"The Council has been advised previously that it is intended to draft new Casual Trading Bye Laws to facilitate the management of casual trading in Ennis. Consultation has already taken place with the representatives of the casual traders and the business community in the market area. A further series of meetings are scheduled to take place. It is intended that new draft byelaws will be published before the end of November. The draft byelaws will be on public display and submissions may be submitted for consideration. A report on any submissions received will be considered by the elected members of Ennis Town Council as part of the process of making new byelaws. The making of casual trading byelaws is a reserved function."
Cllr. J. Flynn proposed the Notice of Motion and stated that the market area is hugely important to the town. He stated that many of the businesses have complained about the size of the vehicles belonging to the stall-holders. He also said that the current byelaws should be enforced.
Cllr. B. Meaney seconded the notice of motion and welcomed the new byelaws. He stated a submission will probably come from the Farmers Market to extend it to Saturday morning. Cllr. M. Guilfoyle supported Cllr. J. Flynn's motion.
E. Power, Town Clerk stated the rationale behind the new byelaws is to give more effective management. He said that the Casual Trading legislation has also come into force since the adoption of the byelaws. Preliminary consultation has taken place with the businesses and casual traders in the market.
Cllr. J. Flynn said that there are ongoing breaches of the byelaws in the market. E. Power, Town Clerk, confirmed that the existing byelaws are being enforced nothwithstanding the fact that new byelaws are being prepared.
10. Notice of Motion submitted by Cllr M. Howard:
That Ennis Town Council write to the Minister for Health and Children and Professor Brendan Drumm, HSE, to demand the immediate restoration of CAT facilities at Ennis General Hospital.
The Notice of Motion was proposed by Cllr. M. Howard and seconded by Cllr. J. Flynn.
Cllr. M. Howard stated that we campaigned for a long time to obtain CAT facilities at Ennis General Hospital. Cllr. F. Neylon supported the notice of motion.
Cllr. Mary Coote Ryan stated the staff in the hospital are tremendous.
Cllr. T. Brennan requested that the Minister for Health provide the finance for the two 25 bed blocks that were promised when the Accident & Emergency unit was closed.
12. Notice of Motion submitted by Cllr M. Howard:
That Ennis Town Council in the interests of competitiveness and job creation and in light of the current economic downturn freeze commercial rates until 2012.
In his written reply the Town Clerk replied as follows:-
"The Council is required to adhere to a formal budgetary process each year which involves the preparation of a draft budget by the Town Manager for consideration by the Elected Members. The Council must hold a statutory budget meeting at which the income and expenditure under each programme are considered by the Council. The Council is required, having duly considered the matter to adopt a budget and to determine the rate of valuation.
Having regard to the Council's statutory obligations in relation to the Annual Budget, consideration of the issue referred to in the notice of motion should only take place as part of the formal budgetary process."
Cllr. J. Flynn supported the Notice of Motion.
Cllr. M. Howard stated that this is a huge difficulty for all businesses in Ennis. E. Power, Town Clerk outlined that the statutory requirements for the making of the rate are included in the budgetary process, so therefore such matters should be dealt with at the Budget meeting.
Cllr. B. Meaney stated that Ennis Town Council has to pay staff to clean the streets every morning and any discussion on the rate charged has to include the range of services provided by the Council.
Cllr. P. O'Shea suggested that a urine warden should be employed for the town for 6 months on a pilot basis.
12. Notice of Motion submitted by Cllr B. Meaney
That this Council request Mr. Sean Spellissy to present documentary proof of his claims relating to Muhammad Ali and his Links to Ennis.
The Notice of Motion was proposed by Cllr. B. Meaney and seconded by Cllr. T. Brennan.
Cllr. B. Meaney said that there was substantial media coverage given to this individual who alleges that he can disprove the links of Muhammad Ali to this town. Cllr. F. Neylon said the Muhammad Ali visit was one of the most successful visits ever to this town.
Cllr. B. Meaney asked if Mr. Spellissy is being paid by this Council. E. Power, Town Clerk, responded that he was engaged in the new Town Trail project.
13. Notice of Motion submitted by Cllr B. Meaney
I request a list of the names of TD,s who have made written representations or have had representations made on their behalf to the Housing Section of Ennis Town Council. If possible I also request the number of representations made by each person. Since June 2007.
I also request an outline of what influence (if any) A member of the Dail can exert on a decision relating to housing allocations.
In his written reply the Town Clerk replied as follows:-
"The Council receives representations from Dail Deputies in respect of the Council's housing functions. Such representations may relate to applications for social housing, housing maintenance and other issues.
It is not possible to provide precise information on the number of representations made by each of the Dail Deputies. However it's estimated that 500 representations are received each year from Dail Deputies and it's estimated that 75% of representations relate to applications for housing and 25% for housing maintenance. Such representations are filed with the housing applications or tenancy file as appropriate rather than a record being kept under each T.D.'s name.
It should be noted that the applications for housing are assessed having regard to housing need, to particular circumstances of the applicant and in accordance with the scheme of letting priorities. "
Cllr. B. Meaney said that he assumes from the reply that all of the four Clare T.D.'s make representations. E. Power, Town Clerk confirmed that this was correct. Cllr. B. Meaney stated that a comment was passed previously in relation to a T.D. achieving something for a housing applicant. He questioned if they have any role in this process. G. Dollard, Town Manager responded that they do not.
Cllr. B. Meaney proposed that representations no longer be accepted from T.D.'s. This proposal was seconded by Cllr. P. O'Shea. Cllr. P. Considine stated that T.D.'s shouldn't have anything to do with making representations and their function should be purely legislational. E. Power, Town Clerk stated that decisions on housing allocations are executive functions. G. Dollard, Town Manager said as public representatives, T.D.'s are entitled to make representations to the Council. Cllr. J. Flynn said the real issue is the effectiveness of the representation. A discussion took place and at it's conclusion, Cllr. P. O'Shea withdrew his seconding of Cllr. Meaney's proposal.
14. Notice of Motion submitted by Cllr M. Guilfoyle
That Ennis Town Council call on Minister Eamon Ó' Cuiv to cease the RAPID programme in the Ennis Area immediately.
This Notice of Motion was proposed by Cllr. M. Guilfoyle and seconded by Cllr. F. Neylon.
Cllr. M. Guilfoyle stated that people who live in the RAPID areas do not want their area to be labelled disadvantaged. Cllr. T. Brennan opposed the motion. He outlined all of the works carried out by RAPID in the town of Ennis. He stated that these would never have happened but for the RAPID organisation. E. Power, Town Clerk outlined what RAPID stood for (Revitalising Areas Through Planning, Investment and Development) and that there is no mention of the word disadvantaged. He also said that the RAPID objective is to invest in the area concerned and it has amounted to an investment of €1.8 million with another €1 million spent through other agencies to date.
Cllr. B. Meaney also opposed this motion. He said that it was ill informed. He also said that rural areas are striving to be included in CLAR areas, as they receive investment before non – CLAR areas. Cllr. J. Flynn stated no area should be branded as disadvantaged. However, he agreed that the RAPID funding is welcome to the town.
Cllr. Frankie Neylon stated RAPID documentation clearly states that it is intended to fund disadvantaged communities. Cllr. J. Flynn stated following an audit, Ennis was highlighted as one of the most successful towns that RAPID has funded. G. Dollard, Town Manager said RAPID has been very successful and it is a mechanism to get work done that might not otherwise be carried out.
As the time had reached 6.00 p.m., the Council unanimously agreed to suspend Standing Orders for 15 minutes.
Having regard to the opposition to the Notice of Motion, Cllr. F. Neylon put the Notice of Motion No. 14 to a vote.
ForCllr.F.Neylon,Cllr.M.Guilfoyle.
Against : Cllr. T. Brennan, Cllr. P. Considine, Cllr. M. Coote Ryan, Cllr. J. Flynn, Cllr. M. Howard, Cllr. B. Meaney, Cllr. P. O'Shea.
The result was 2 votes for and 7 votes against this Notice of Motion.
15. Correspondence
(b) Correspondence received from Cllr Tony Mulqueen requesting copy of the Agenda for monthly meetings of Ennis Town Council
This item was proposed by Cllr. J. Flynn and seconded by Cllr. M. Guilfoyle
G. Dollard, Town Manager, suggested a copy be sent by e-mail.
(e) Letter received from South Tipperary County Council regarding a Notice of Motion considered by that Council appealing to the Government to waive VAT on specialised items of medical equipment where the purchase is being funded through voluntary fundraising.
The Council expressed support for the Notice of Motion as agreed by South Tipperary County Council.
(d) Letter received from Granard Town Council regarding a Notice of Motion considered by that Council in relation to the recommendation contained in the McCarthy Report to abolish Town Councils.
The Council expressed support for the Notice of Motion as agreed by Granard Town Council.
(h) Letter received from Monaghan Town Council regarding two Notices of Motion passed by that Council regarding the following:
request ESB to leave cards for absent householders to enter their meter reading and post same back to ESB.
the Council opposes that threat to the existence of Town Councils as proposed by the McCarthy Report.
The Council expressed support for the Notices of Motion as agreed by
Monaghan Town Council.
(f) Letter received from Shannon Town Council regarding a Notice of Motion adopted by that Council calling on the Government to set up a separate redress scheme for women detained in Magdalene Laundries.
The Council expressed support for the Notice of Motion as agreed by Shannon Town Council.
In response to a question from Cllr. P. O'Shea. E. Power, Town Clerk stated that
submissions were received in relation to the erection of a memorial to the
women detained in Magdalene Laundries.
Cllr. P. O'Shea requested a decision for next month's meeting.
Cllr. J. Flynn requested removal of trees from the Market area. E. O'Dea, Town
Engineer said the gardening section will look after these works once the
appropriate training has been arranged.
The meeting then concluded.