Minutes of the December Monthly Meeting of Ennis Town Council held at 3:30 p.m. on Monday 7th December 2009 in the Council Chamber, Waterpark House, Drumbiggle, Ennis, Co. Clare
Presiding
- Mayor F. Neylon
Councillors present
- M. Coote Ryan
- B. Meaney
- T. Brennan
- M. Howard
- M. Guilfoyle
- P. Considine
- J. Flynn
- P. O'Shea
Officials present
- G. Dollard, Town Manager
- E. Power, Town Clerk
- E. O'Dea, Town Engineer
- S. 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.
1. (a) Adoption of the Minutes of the November Monthly Meeting of Ennis Town Council held on Monday, 2nd November 2009 at 3.30 p.m.
Ar moladh Cllr T. Brennan, cuidithe ag Cllr M. Coote Ryan agus glacadh leis:
"That the Minutes of the November Monthly Meeting of Ennis Town Council held at 3.30 p.m. on Monday, 2nd November 2009 be signed"
Matters arising
Cllr. B. Meaney asked if the Council had any contact with Mr. Sean Spellissy. E. Power, Town Clerk confirmed that contact had been received, by phone, from Mr. Spellissy. Cllr. B. Meaney stated that Mr. Spellissy should just provide the information requested.
G. Dollard, Town Manager asked the members if they wished to discuss the submissions received in relation to the proposed sculpture or plaque in honour of the children who suffered in the religious industrial schools and Magdalene Laundries. E. Power, Town Clerk informed the members that two submissions were received. A model of a proposed sculpture was shown to the members that was provided by a sculptor, Barry Wrafter.
G. Dollard, Town Manager stated that the two issues to be considered in relation to this proposal are funding and location. Cllr. P. O'Shea said that individuals and the Chamber of Commerce have expressed an interest in contributing funds to this project. He stated that a funding committee should be set up to ensure that the project goes ahead. Cllr. M. Guilfoyle stated that he would like to be associated with that committee if one was established
6. Report on RAPID Restructuring
Michael Neylon, RAPID, made a presentation to the members. He outlined the RAPID programme, highlighted the projects completed and the progress made to date. He also outlined the proposed new RAPID structure.
Cllr. F. Neylon thanked Michael Neylon for his presentation and he asked for details on the fee being paid to engage Halley Consultants. Cllr. F. Neylon also asked Mr. Neylon if there is funding available of €350,000 from RAPID funds for the Youth Café in Cloughleigh. Mr. Neylon stated that the cost of engaging Halley Consultants would be approximately € 10,000 and this is funded jointly by the RAPID programme and the Community Assembly. M. Neylon further stated that the Youth Café funding was initially sought by Clare County Council. G. Dollard, Town Manager stated that the funding is part of the Social Community and Capital Scheme.
Cllr. J. Flynn stated that he was a former chairperson of the RAPID organisation. He stated that the programme has been a huge success. Cllr. J. Flynn also stated that the Fitzpatrick audit highlighted the Ennis RAPID organisation as a success and indicated that the Community Assembly input should be increased. He further stated there is a potential 15 year benefit to the areas concerned.
Cllr. M. Guilfoyle asked if an area or community included in the RAPID area could withdraw from RAPID.
Mr. M. Neylon stated that it would be a very unusual request. Cllr. F. Neylon stated that the community feel that their input in RAPID was not successful. Cllr. T. Brennan stated that he would like to complement all those involved with RAPID. He stated that the amount of good work carried out by this organisation throughout the RAPID area is significant.
Cllr. P. O'Shea stated that he welcomed the presentation and he asked Michael Neylon for details on the "Dial to Stop Drugs" Project.
M. Neylon stated this programme was meant to be phased out in September and that it has been extended to the end of December and the call centre will no longer be in operation from January 2010. Cllr. P. O'Shea stated that he did not feel the programme was advertised sufficiently. M. Neylon stated that the funding available is the main constraint to this programme. Cllr. F. Neylon thanked Michael Neylon and everybody involved in RAPID.
Cllr. J. Flynn proposed that two representatives from Ennis Town Council remain on the RAPID committee. Cllr. F. Neylon stated that all areas should participate in the elections to the Community Forum.
2. Overdraft Facility for the period 1st January 2010 to 30th June 2010
Having considered the report dated 7th December 2009 from E. Power, Town Clerk circulated with the agenda, it was proposed by Cllr. B. Meaney, seconded by Cllr. F. Neylon and agreed that :
"This Council, pursuant to Section 4(1) of the Local Government (No. 2) Act, 1960, hereby approves of raising Temporary Overdraft Accommodation in the sum of €2,000,000 from the Council's Treasurer to meet the Revenue and Capital Commitments of this Council for the period from 1st January 2010 to 30th June 2010."
3. Disposal of Land at Lysaght's Lane
Having considered the report of the Town Clerk dated 2nd December 2009, it was proposed by Cllr. T. Brennan, seconded by Cllr. B. Meaney 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 disposal of a derelict property at 27 Lysaght's Lane, to Ms. Monica Farrell, c/o John Casey Solicitors for the nominal sum of €1.00."
4. Consideration of Quarterly Progress Report
It was agreed to discuss Notice of Motion No. 11 and Notice of Motion No. 13 with the Quarterly Progress Report.
Notice of Motion No. 11 submitted by Cllr. B. Meaney.
"Given recent flooding events this Council re-evaluates its flood risk assessment for all areas in Ennis."
Notice of Motion No. 13 submitted by Cllr. J. Flynn.
"In light of both recent and past flooding and impacts of climate change that Ennis Town Council seek the construction and relocation of flood barrage to Latoon from Clarecastle."
Cllr. J. Flynn stated that he welcomed the proposals in the Quarterly report, especially the Fergus Drainage Scheme. Cllr. B. Meaney said that it is noted that the playground at Lees Road is being progressed and he requested an update on a commencement date for the works on this project and the Tim Smyth Park development. Also, he queried if low-lying areas of the town should be abandoned instead of spending huge amounts of money in building flood defences.
Cllr. F. Neylon said that when these works are complete, the weak areas will be Cloughleigh. He further stated that all developments near rivers should be stopped. Cllr. P. O'Shea stated that a particular family with nine members have been placed in the West County and he queried the weekly cost of this arrangement.
G. Dollard, Town Manager stated that the Flooding Report gives an overall summary of the situation. He stated that he does not have the exact costs requested to hand but that the priority is to re-house people who have been displaced. G. Dollard, Town Manger went on to say that a huge amount of work has been carried out by the Council staff and the Health Service Executive in helping these people.
Cllr. M. Guilfoyle complemented the Town Engineer and the Town Manager on the information given out during the flooding.
Cllr. J. Flynn stated that the Lower Fergus Drainage Scheme is urgent and that there is an immediate requirement for works in the Abbey Street area and the re-location of the barrage in Clarecastle.
Cllr. B. Meaney stated that the issue of the barrage was addressed in a previous report on the river Fergus and flooding in Ennis.
As part of this discussion, Notice of Motion No. 11 submitted by Cllr. B. Meaney was proposed by Cllr. B. Meaney and seconded by Cllr. J. Flynn.
In his written reply the Town Engineer replied as follows:-
"The Council will be evaluating recent flood events. The River Fergus Upper Flood Scheme operated successfully during the flooding. Following the evaluation of the recent flooding events in certain parts of Ennis, the Council will be seeking funding to carry out works to reduce impact of heavy rainfall events on certain areas of the town."
Cllr. B. Meaney congratulated everyone in the effort involved during the flood and stated that it was a fantastic effort by the Council.
Cllr. T. Brennan also congratulated everyone. He stated that when the evaluation is being carried out that local knowledge should be sought, especially from the elderly people. Cllr. P. Considine stated areas of the town that were flooded were never flooded before. He stated that the Fergus Drainage Committee recommendations should also be taken into account during any future evaluation of the flooding in Ennis.
9. Notice of Motion submitted by Cllr. M. Howard
"That Ennis Town Council clarify if there has been structural damage done to the Bridge at Bank Place and the public concerns regarding same."
In his written reply the Town Engineer replied as follows:-
"The bridges over the river in Ennis were inspected twice each day during flooding by a Council Engineer with experience in Bridge Inspections and Construction, who was not directly involved in crisis management. There is no apparent damage to the Bank Place Bridge Structure and further and more detailed inspections will be carried out once access under the bridge can be achieved.
If there were any concern regarding the safety of the bridge at Bank Place, it would be closed."
E. O'Dea, Town Engineer, also stated that the volume of water flowing down the River Fergus was one and a half times that in 1995 and 1999. He stated that vast lower areas of the town would have been underwater if the works in the area of Parnell Street had not been carried out. Eamon O'Dea, Town Engineer stated that the second part of the drainage scheme will operate from the Bank Place Bridge to the Doora Bridge. He stated that it took a week to deal with the water that fell further up the river Fergus whereas it would normally only take three days.
7. Notice of Motion submitted by Cllr. P. O'Shea
"I propose that this Council in order to deal with particular anti-social and
nuisance behaviour throughout the town (from Thursday evening to Sunday
evening), carry out the following from our own resources and grants that are
available. To employ on a six month pilot project basis 2 persons on job seekers
allowance as "Environment and Nuisance Wardens", a Name and Shame campaign
for those found guilty of public urination and request that this Council write to
the Minister for Justice and demand immediate legislation to be implemented
for on the spot fines for public urination."
In his written reply the Town Clerk replied as follows:-
"The Gardai have the powers under the Criminal Justice Public Order (Amendment) Act 1994 to deal with public urination. Ennis Town Council as a Local Authority does not have the legal basis to take any action in this regard. In any event the Council is prohibited by the public services staffing embargo to recruit additional staff."
Cllr. P. O'Shea stated that he regards this as a very serious matter. He noted the reply from the Town Clerk but he stated that he didn't agree with it. He also stated that he would like to know how many people have been fined for public urination.
Cllr. F. Neylon stated that the Town Clerks reply notes that this matter is not within the powers of the Town Council. G. Dollard, Town Manager, stated that we do not have the capacity to address this issue, both legally and financially. He stated that he is not aware of any funding available under the Joint Policing Committee legislation. Cllr. J. Flynn stated that he supported the Notice of Motion. He said that urinals at night-time are a solution and have already been used in many cities around Europe. Cllr. F. Neylon advised Cllr. P. O'Shea to take the matter up with the Joint Policing Committee. Cllr. P. O'Shea agreed.
8. Notice of Motion submitted by Cllr. P. O'Shea
"That Ennis Town Council ask the Minister for Community, Rural and Gaeltacht Affairs to outline the position in relation to Community Development Projects". And insist that no cuts be made to Projects in County Clare."
Cllr. P. O'Shea stated that the staff involved in these projects do not know if their projects are continuing. The Notice of Motion was proposed by Cllr. P. O'Shea, seconded by Cllr. M. Guilfoyle and agreed.
10. Notice of Motion submitted by Cllr. M. Howard
"That Ennis Town Council make representations to the Minister for Finance to revisit the €10 Air Travel tax in the forthcoming budget."
The Notice of Motion was proposed by Cllr. M. Howard, seconded by Cllr. P. Considine and agreed.
Cllr. M. Guilfoyle stated that the charges imposed by Ryanair for baggage, etc., are far more serious than the €10 travel tax. Cllr. M. Howard stated that the €10 tax is an issue and it is a problem that needs to be addressed.
12. Notice of Motion submitted by Cllr. B. Meaney
"That this Council review its Standing Orders".
This motion was not moved.
14. Notice of Motion submitted by Cllr. J. Flynn
"In order to ensure that people continue to want to live, work and visit Ennis that Ennis Town Council manage the impacts of the night time economy by setting an objective to achieve a "Purple Flag" status for the town or equivalent ("Purple Flag" is an award under Association of Town Centre Management (UK)).
Cllr. J. Flynn stated that we need to try and develop our night-time economy in the areas of entertainment and accommodation. The Notice of Motion was proposed by Cllr. J. Flynn, seconded by Cllr. P. O'Shea and agreed.
G. Dollard, Town Manager, stated that he would examine the matter of the Purple Flag award.
15. Correspondence
(d) Letter from Clare FM to their Shareholders attaching Notice and Agenda for the 2009 Annual General Meeting of the Company.
Cllr. M. Guilfoyle questioned if anyone from the Council attended the Clare FM Annual General Meeting. E. Power. Town Clerk, stated that officials of the Council had not attended at previous meetings.
(b) Letter received from Mullingar Town Council in relation to a Notice of Motion considered by that Council regarding the recommendations of An Bord Snip Nua Report.
It was proposed by Cllr. F. Neylon, seconded by Cllr. M. Guilfoyle and agreed to support the following Notice of Motion which was adopted by Mullingar Town Council.
"That Mullingar Town Council deplores the recommendations of An Bord Snip Nua Report on the elimination of Town Local Government and requests that the Minister for the Environment, Heritage and Local Government, John Gormley, T.D., gives his full public support to all town councils and to immediately commence the implementation of his Party's Local Government Policy, which was published prior to the last General Election".
(c) Letter received from the Franciscan Friary and Poor Clare Monastery seeking a contribution towards their heating fund.
It was proposed by Cllr. P. Considine, seconded by Cllr. F. Neylon and agreed that a donation of €1,500.00 would be given to the Friary and Poor Clare Monastery Heating Fund.
(e) Letter received from Ballina Town Council in relation to a Notice of Motion considered by that Council regarding rent supplement.
It was proposed by Cllr. J. Flynn, seconded by Cllr. F. Neylon and agreed to support the following Notice of Motion submitted by Ballina Town Council.
"That rent supplement should not be paid to tenants of Landlords who are evading taxes by not paying the levy to the Local Authority on their non-residential homes or those who are not registered with the Private Residential Tenancies Board, as is a requirement under the Residential Tenancy Act 2004".
(f) Letter received from the Merriman Summer School seeking a contribution towards their annual event.
Cllr. F. Neylon said that he was invited to the launch of the Merriman Summer School but was disappointed with the reception received. He stated that the Council contribution was not acknowledged.
It was proposed by Cllr. F. Neylon, seconded by Cllr. P. Considine and agreed that a contribution of €500.00 would be given to the Merriman Summer School.
As the time had reached 6.00 p.m., the Standing Orders were suspended for 15 minutes to allow the meeting to proceed.
Conferences and Seminars
- Media Training & Communications for Councillors, being organised by Kadenza Consultancies Ltd., and taking place at the Clonea Strand Hotel, Clonea, Dungaravan, Co. Waterford, on the 5th to the 7th February 2010.
On the proposal of Cllr. M. Guilfoyle seconded by Cllr. J. Flynn and agreed that Cllr. P. O'Shea be nominated as a Delegate to attend this Conference. - A.M.A.I. Spring Seminar 2010 Conference being organised by AMAI and taking place at the Sligo Park Hotel, Sligo on the 12th to the 13th February 2010.
On the proposal of Cllr. P. O'Shea seconded by Cllr. J. Flynn and agreed that Cllr. M. Guilfoyle be nominated as a Delegate to attend this conference.
17. Any Other Business
G. Dollard, Town Manager stated there will be street entertainment in the town on the 19th December to coincide with pedestrianisation and there will be free parking on the 12th and 19th December.
This initiative was supported by Cllr. T. Brennan and Cllr. M. Guilfoyle.
Cllr. T. Brennan proposed the donation of €500.00 to the Ennis Boy Scouts as an acknowledgement for their support during the recent flooding crisis and this was seconded by Cllr. M. Coote Ryan and agreed.
Cllr. M. Coote Ryan raised the issue of a wall being temporarily removed to facilitate the erection of an extension to a property in Marian Avenue. She indicated that the wall should be reinstated to its original state.
Cllr. M. Guilfoyle stated that huge bills are being sent out by the Fire Service in relation to attending at incidents. He requested that the Fire Chief give an explanation on the bills being charged on Clare FM or such like. G. Dollard, Town Manager stated that there is a waiver scheme being operated by the Council for these matters.
Cllr. J. Flynn queried if the part-time taxi ranks would be in operation when the night-time pedestrianisation begins. E. O'Dea, Town Engineer stated that the signs required have arrived and will be installed as soon as possible.
Cllr. F. Neylon wished everyone a Peaceful Christmas and a Happy New Year.
The meeting then concluded.