MINUTES OF THE JULY MONTHLY MEETING OF ATHY TOWN COUNCIL HELD AT 7.30 P.M ON WEDNESDAY, 9th JULY, 2008 IN THE MUNICIPAL OFFICES, RATHSTEWART, ATHY.
CATHAOIRLEACH:
COUNCILLOR JOHN LAWLER.
COUNCILLORS IN ATTENDANCE:
CLLRS SEAN CUNNANE, MARK DALTON, TONY EGAN, FRANK ENGLISH,
RICHARD DALY, MARY O’SULLIVAN, AOIFE BRESLIN & PADDY WRIGHT.
OFFICIALS IN ATTENDANCE:
TOMMY SKEHAN, TOWN MANAGER/ DIRECTOR OF SERVICES
JOE BOLAND, DIRECTOR OF SERVICES, KILDARE COUNTY COUNCIL
BRIAN O’ GORMAN, TOWN CLERK
MARIA AHEARNE, STAFF OFFICER THOMAS KELLY, STAFF OFFICER
The Cathaoirleach welcomed Senan Griffin, Mayor of Kildare County Council on his first ever visit to the Council and said he looked forward to working with him over the next twelve months.
Councillor Dalton said that this visit by the Mayor was a unique occasion and gave a clear message to the general public that all the authorities within the county were working to together. The other members endorsed this.
The Mayor of Kildare said that he was delighted to be in attendance. The Mayor said it was his goal to visit all the authorities in the county during the year and that it was very important as a county we put forward a united image.
Water Services Infrastructure Report.
The Cathaoirleach welcomed Joe Boland, Director of Services in Kildare County Council.
The Cathaoirleach enquired when the contracts for the project for the extraction of water from the Barrow is to be signed
The Cathaoirleach said that a delegation from Athy Chamber’s of Commerce and Athy Town Council would meet with Iarnrod Eireann before their August meeting to stress the importance of the proposed Southern Distributor Route.
The Cathaoirleach also said that members from the Business Forum in Athy were invited to be on delegation to Iarnrod Eireann.
Councillor Dalton said it was very important that the project for the extraction of water from Barrow begin soon as possible.
Councillor Wright said that a particular box sewer was not connected to a certain house in Athy and has become a serious health scare.
Councillor Breslin said until we get this problem sorted out business on Leinster Street business will be affected.
Paul Hickey, Town Engineer explained that the council were waiting on a report from CCTV survey of the network.
Councillor Cunnane said he was delighted that Ardreigh Rd was now in hand and was talking to the archaeologist on site who said she was going to be out of the site in four weeks time.
Councillor Daly wanted to know had a date been set when work on the proposed on Southern Distributor route would start.
Joe Boland explained that:
· The quality of the River Barrow is very good and had a five status.
· Water in Athy was overall very good and had a four status.
· The contracts for the extraction of water from the Barrow will be signed soon and will be commissioned in 2010 at a cost of €40million which should supply 30m litres a day
· Upgrade of sewerage treatment with new treatment plant in Kildare.
· New 12” orbital main along line of South Distributor Route.
· New orbital sewer, which is at preliminary design stages at moment along Southern Distributor Route, will provide an adequate supply for Kildare Road and Dublin Road.
· A small scheme linking to Monasterevin, which will supply an extra 10% of present needs by Spring 2009, is being progressed.
· He noted that Issues relating to the internal network on Leinster Street were being investigated and remedial works would be proposed.
· He acknowledged the contribution and consultation from CIE and Iarnrod Eireann on the Southern Distributor Route and the importance of reaching consensus on the proposed works.
1. ADOPTION OF MINUTES.
Minutes of the July Monthly Meeting held on 18th June 2008.
On the proposal of Councillor Breslin
Seconded by Cllr Cunnane
Minutes of Annual General Meeting held on the 25th of June 2008
On the proposal of Councillor Dalton
Seconded by Councillor Breslin
2. MATTERS ARISING
Councillor Breslin referred to motion 17 on page 10, where she asked, ” the council give a definitive date when traffic wardens will be provided with hand held machines”. Councillor Breslin wanted to know had further progress been made in the purchase of handhelds for the traffic wardens. The Town Clerk said presently his office was liasing with other local authorities to find out what it cost them to purchase and maintain their systems and that when he had all appropriate figures and information he will then be in a position to make a decision to purchase.
Councillor Breslin referred to page 2, which asked when a date for a meeting with Waterways Ireland was to be set. Councillor Breslin wanted an update on this. The Town Clerk said that we had been in contact with some of the relevant bodies but only one had got back to the council but we will be in contact with them again and try to have a date set for meeting as soon as possible.
Councillor Breslin referred to motion 19 on page 10, in which she proposed “a full report be given on the up to date position regarding the outstanding compliance issues with planning permission in all estates at Rheban Manor. “ Councillor Breslin said she had duty to raise this motion again due to the recent happenings between Keygo Properties and Athy Town Council.
Councillor Cunnane said it was unforgivable that the members were not briefed on what recently occurred.
The Cathaoirleach asked how long it would take for the schedule of outstanding work in Rheban Manor to be completed.
The Town Manager said that the estate was not taken in charge and this schedule was an absolute priority and it was hoped to have it compiled within four weeks.
The Town Manager read out a report outlying what had occurred and requested that this be included in the minutes of this meeting.
“Since 1996, seven planning permissions were applied for on this site, of which one in 2002 (PL 2002/300015) sought to provide a revised site layout for 173 dwellings and associated site works. This permission was the only one with a Part V requirement attached to it. (Condition No. 4). In accordance with the Housing Strategy 2001 – 2005, which requires the provision of 20% Social & Affordable Housing with the Planning & Development Act 2000.
The developer offered to sell 20% of the units to the Council to comply with Part V requirements.
Negotiations commenced and an interim agreement was reached for the purchase of 24 units (including 2 apartments). Contracts were issued to Athy Town Council. The Solicitors for the developer issued contracts for 22 houses to the Councils Solicitor. Athy Town Council signed these contracts and returned these with requisite deposits, whilst simultaneously requesting DoEHLG approval.
DoEHLG sought further clarification in relation to compliance with Part V and requested that the Council renegotiate the agreement. The developer was not agreeable to renegotiate the agreement.
Having received the contracts and deposits the developer returned the deposits and initiated the arbitration process. When the matter was set down for hearing before the arbitrator, the Counsel for Athy Town Council advised against proceeding with arbitration and recommended initiation of legal proceedings for Specific Performance of the Part V Agreement.
In the interim period the High Court ruled on Part V. In light of this ruling Counsel advised us to withdraw proceedings and remit the matter to arbitration.
There were various meetings with the developer/agents to attempt to reach an agreement. An understanding was arrived at but subsequently the parties differed on interpretation as to what was agreed. Subsequently, a further meeting took place. An agreement was reached between the parties, which was subject to Athy Town Council obtaining funding for the agreement.
In the absence of funding the agreement reached could not be executed and the developer re-listed the matter for arbitration on 29th May 2008. On the advice of Counsel Athy Town Council withdrew from the arbitration to avoid a decree to oblige it to buy the 22 houses when there were no funds available.
Given our experience to date and legal advices received the Council wish to reserve its position in considering its options.”
In order to address what had taken place, the members requested that they be kept updated in relation to housing matters. The Town Manager supported this request.
Councillor Cunnane referred to page 3 (re.correspondence received from Michael O’ Brien, Chairperson of County Kildare’s Taxi Drivers’ Association) and asked whether Town Engineer had prepared a report on suitable locations for taxis in Athy.
The Town Engineer replied that there was limit to what can be done and he did not have the report in question.
Councillor Cunnane referred to page 11 (re.Cathaoirleach’s business and wanted to know why a representative from the ESB was not in attendance as advised in last month’s meeting). The Town Clerk replied that the members were informed in writing that the ESB would not be attending this month’s meeting.
Councillor Wright referred to motion 5 on page 6, where he proposed ”the possibility of widening the road at the left turn from Leinster Street down Kirwan’s Lane” in conjunction with Kildare County Council. The Town Engineer replied that a letter is to be forwarded to Kildare County Council explaining that any design would have to involve input from Athy Town Council.
Councillor Wright referred to motion 6 on page 6 where he proposed a special meeting be called to discuss the déjà vu motions which “in the last two years or more” are still “not resolved or addressed” and that “going through the ritual of the motions at every meeting is farcical.” The Town Clerk said that a schedule was been compiled of motions that were considered déjà vu and it was hoped to have this completed as soon as possible. The Cathaoirleach said that a date would have to be set for a meeting to discuss this issue when the schedule is completed.
3. CORRESPONDENCE
Brian O’Gorman, Town Clerk read the following correspondence:-
· Letter from Shakers Hip-Hop Dance in Athy requesting some sponsorship towards the cost of attending the World Hip- Hop Championships in Bremen Germany which was held on June 11th to the 5th of June 08.
· Reply from the Office of the Minister for the Department of Health and Children acknowledging our letter “concerning possible curtailment or ward closure St Vincent’s Hospital” and that “it is receiving due attention.” This was noted by the members.
· Letter from Irish Commission for Justice and Social Affairs, a Commission of the Catholic Bishops’ conference asking this council “to please consider the issues and points raised in the enclosed document in relation to a public response to violence in our society.” The members duly noted this.
· Letter from Portlaoise Town Council stating the motion” Portlaoise Town Council calls on Laois County Council to introduce a low interest rate fixed rate loan scheme to enable all those currently on the affordable housing scheme list to raise the finance for their own homes” was unanimously adopted at their June meeting. This was duly noted by the members
· Letter from Westmeath County Council stating the motion” That this Council discuss the severe implications that the EU Directive on the Protection of Habitat Species is causing to our communities by the ban on turf cutting and also requests the Minister for the Environment Heritage and Local Government to accommodate the domestic turf cutters in these areas as the EU has left this accommodation to the discretion of the individual countries” be circulated to all Local Authorities in the country. The members duly noted this.
· Letter from Sligo County Council stating the motion” Recognising that the will of the people as expressed at the ballot box is sovereign and recognising that if all member states of the EU do not ratify the Lisbon Treaty it does not pass into law and further recognising that the people of Ireland exercised their rights as citizens to reject the Lisbon Treaty this Council rejects the calls from Europe to re-run the Lisbon Treaty referendum and we call on the EU Commission, the EU Council of Ministers, the EU Parliament and the authorities in the other EU states to accept and respect the verdict of the Irish people as they accepted the will of the French and Dutch people following their decisions to reject the EU Constitution” was adopted at their July Monthly meeting. The members duly noted this.
CONFERENCES:
· Benedict’s Kiely Literary Weekend from the 12th –14th of September, 2008 to be held at the Strule Arts Centre, Town Hall Sq, Omagh, Co. Tyrone.
· Sliabh Luachars Summer School from 5th –10th August, 2008 at the Cultural and Heritage Centre, Rockchapel, Co. Cork.
· John Hewitt Summer School, from 28th July – 1st August, 2008 at the Market Place Theatre, Arts Centre, Armagh.
· Parnell Summer School from 10th- 15th August, 2008 at Avondale House & Forest Park, Rathdrum, Co. Wicklow.
Proposed by Councillor Breslin and seconded by Councillor Daly and agreed all that Councillor Wright be nominated to attend this summer school
· Citizen First Final Conference from the 25th – 26th September, 2008 at the Old Ground Hotel, Ennis Co. Clare.
Councillor Dalton said that members are been nominated for conferences but are not attending.
The Cathaoirleach asked that those that are nominated for conferences but cannot attend please let the staff know.
4. NOTICES OF MOTION
5. “That Athy Town Council in light of the extent of remedial works required to the old age pensioner houses in Nelson St Athy seek funding from the Department of the Environment under their remedial works scheme to have the following works carried out: replacement of radiators at the ceiling, that the remedial works included a new heating system. Modifications to bathrooms, replacement of windows and doors replacement of guttering and that this project is taken as priority to ensure that the work is completed before winter.”
On the proposal of Councillor Breslin Seconded by Councillor Daly
And agreed
Councillor Breslin asked that the council apply to the DoEHLG for funding to carry out the necessary to the houses works in Nelson Street as a matter of urgency as it would need to be done before winter sets in. Councillor Daly added that this be done as speedily as possible.
6. ‘That Athy Town Council erects the cast iron sheets signs that were made some years ago.’
On the proposal of Councillor Breslin
Seconded by Councillor Dalton
And agreed
Cllr Breslin enquired why the above signs that were constructed some time ago were never erected and asked that this be done as soon as possible. The Cathaoirleach explained that he could not remember that these signs were ever commissioned.
7. “That Athy Town Council calls on Kildare County Council to extend the footpath on the Carlow Rd from the Coneyboro where it ends to the Mill Lane.”
On the proposal of Councillor Cunnane
Seconded by Councillor O’ Sullivan
And Agreed
Councillor Cunane said that he had seen the design for the Ardreigh realignment but the proposed extension to the footpath was not there. Councillor Cunnane said he was told that this would happen and was now anxious that this takes place as matter of urgency. Councillor O’ Sullivan also asked that this work be carried out as speedily as possible. Paul Hickey, Town Engineer explained that that there would be money allocated for this job in next year’s budget. The Cathaoirleach said that this would be taken up again in the area meeting
8. “That Athy Town Council calls on the developer to erect signposts within the newly developed Coneyboro estate as a matter of urgency.”
On the proposal of Councillor Cunnane
Seconded by Councillor Daly
And agreed
Councillor Cunnane said Coneyboro was a quite large estate and that proper signposts were urgently needed because recently an ambulance called up there could not find the house they were called to and the council put pressure on the developer to see that the work is carried out as soon as possible. Councillor Daly said that a continuous pattern of signage in all estates would be important.
9. “That Athy Town Council requests the Health Service Executive and ’
Senior Management at St Vincent’s Hospital to reconsider the huge
increases in charge for meals on wheels.”
On the proposal of Councillor O’ Sullivan
Seconded by Councillor Cunnane
And agreed
Councillor O’ Sullivan said that partial increase in charge for meals on wheels may have been necessary but to increase the charge by such a large amount was total unacceptable and unfair as it placed an even greater financial burden on those who avail of this service. Councillor O’ Sullivan asked that the hospital immediately reconsider this increase and reduce it to a more. Councillor Dalton requested that a letter be forwarded to the hospital asking them to reduce or abolish this on those who largely depended on this service for their daily meals there
10. “That in view of the fact that Athy is a heritage town and also that
St Vincent’s Hospital is a heritage building with beautiful facade
frontage but the disgraceful fact of the matter is that the top windows
are rotten and falling out and also to add the top rooms in the hospital
are not in use either. I propose that we write to hospital authorities and
ask them their intentions, as this is no way to treat one of the best
geriatric hospitals in Ireland.”
This motion was deferred till the September Monthly Meeting
11. CATHAOIRLEACH’S BUSINESS
The Cathaoirleach said it was unfortunate that our Town Engineer, Paul Hickey who had only recently joined us was now leaving as he thought he would be here for a very long time. The Cathaoirleach said he found Paul Hickey during his tenure as town engineer very helpful, courteous and that progress had been made on the eventual erection of 1798 monument. The Cathaoirleach said that on behalf of the other members he would like to wish Paul Hickey all the best in his new position and the future. This was endorsed by all the other members.
The Town Clerk also said that on behalf of all outdoor and indoor staff he would like to wish Paul all the best for the future and thanked him for his hard work during his time here.
Paul Hickey said that he appreciated the kind comments said about him and that his time here was learning experience.
The Mayor of Kildare Council said that the county council were preparing a new document in how to take estates in charge and should be of great benefit in getting to grips with developers countywide ands here in Athy. The Mayor also said that Athy had a fantastic facility in the new swimming pool and encouraged the council to keep Pride of Place going. The Mayor thanked the members and staff for inviting him here and wished them well for the future and looked forward to visiting again.
The Cathaoirleach said that the Mayor of Kildare County Council would be more than welcomed to call again and hoped that this will happen sooner than later.
12. MANAGER’S BUSINESS
13. REPORT FROM SUB COMMITTEES
Town Twinning – 18 students to arrive on 25th August for a three-week work placement. Host farms and families are invited to participate.
14. PLANNING REGISTER
Nothing noted.
15. OTHER BUSINESS
THIS CONCLUDED THE MEETING
CATHAOIRLEACH ___________________________________
