This is a Page that I will be adding to every now and then It is the list of Motions I have put before Clare County Council and the Ennis Local area meeting.The Index goes chronological through the meetings since September 2004 with a brief title to each motion. The motion and the reply can be found in the document after the Index.

Index
September 04 County Council Meeting
Improved Council Services
Rail Link

November 04 County Council Meeting
Planning in SAC & NHA
List of Planning Agents

December 04 County Council Meeting
GM Food
Telecommunications

January 05 County Council Meeting
Complaints to Equality Authority
Ennis General Hospital

January 05 Ennis Local Area Meeting
Footpaths Barefield
Larchill to Templemaley
Central Funding Draw Down

February 05 County Council Meeting
Speed limits
GM Foods

February 05 Ennis Local Area Meeting
Golf Links Rd Lights
Ballyalla and boulders
Roundabout Tulla Rd

March 05 County Council Meeting
Jet Ski’s on lakes
Circus Animal Welfare

April 05 Ennis Local Area Meeting
Pedestrian Crossing Maid Of Eireann
Waste Charge waiver
Walking Routes

May 05 County Council Meeting
Legal Fee’s
By-pass effects

June 05 County Council Meeting
Section 261 Quarry Registration

June 05 Ennis Local Area Meeting
Skate Park
Footpaths Barefield
Quin Rd Access

July 05 County Council meeting
Horseshoe Bat & By-pass
Japanese Knotweed

September 05 County Council Meeting
Ennis by-pass & Western Relief Rd
Development Contribution exemptions

September 05 Ennis Local Area Meeting
Fergus River Embankment
Quin Rd Halting Site
Ennis Sewerage Treatment

October 05 County Council Meeting
Cliff’s of Moher
Neutrality Conference

November 05 County Council Meeting
Stone Wall Costs
Standing Order 53 Change

November 05 Ennis Local Area Meeting
Water Supply Ennis & Environs
Ballyalla Amenity
Skate Park Lees Rd

December 05 County Council Meeting
Leasing of Council Land
Alcohol local Authority obligations

January 06 County Council Meeting
GM Food
Irish Ferries Dispute

January 06 Ennis Local Area Meeting
Pedestrian Crossing Watery rd & College rd
Recycling Charge
Illegal parking of Caravans

Feburary 06 County Council Meeting
Planning Retention applications
Joining the Assembly of European Regions

March 06 County Council Meeting
Public Liability Claims
Amount paid to consultants

March 06Ennis Local Area Meeting
Showgrounds Rd
Community land purchase
Sewerage Rockmount Ennis

April 06 County Council Meeting
Ennis Water Temporary Treatment

May 06 Clare County Council meeting
Farm Diversification
Smoking ~Outside Schools

May 06 Local Ennis local Area Meeting
Speed Ramps Injury & Damage
Lees Rd Sports Complex
Footpaths Barefield

June 06 County Council Meeting
Bio-degradable nappies
Councillor Communications

July 06 County Council Meeting
Gama Payments
Housing Refusals due to Sewerage

July 06 Ennis Local area Meeting
Control of Car Selling
Spancelhill/ Clooney Water Scheme
Ennis Town Boundary extension

September 06 County Council Meeting
Building Energy Standard
Local rural Person

September 06 Ennis Local Area Meeting
Water Temp Treatment plant Ennis
National Conference Centre
Barefield Footpaths

October 06 County Council Meeting
Shannon Airport
Bus Catchment Area

November 06 County Council Meeting
N85 Motion and amendment
Protection of Public Rights of Way

November 06 Ennis local Area Meeting
Manufacturing Industry
Lees Rd Sports Complex
National Conference Centre

December 06 County Council Meeting
Ennis Water Supply Temp Treatment
Library Service

January 07 County Council Meeting
Development plan regulations
Energy/procurement/Headquaters

January 07 Ennis Local Area meeting
Rubber Footpaths
Disabled Parking Bindon St
Cycle Paths
Signage Inch Bridge

Feburary 07 County Council Meeting
Access to information on the environment

March 07 Ennis Local Area meeting
Education in Ennis
Community care centre Ennis
Flood Plain Development

April 07 Ennis Local Area Meeting
Skate Park
Road Closure Tulla Rd

June 07 County Council Meeting
Abnormal Load Policy
Western Relief Rd & Inner Relief Rd

July 07 County Council Meeting
Off Shore Reef at Lahinch

July 07 Ennis Local Area Meeting
Pedestrian Access across Western Relief Rd
Motorhome/ Caravan Rest Area
Drumbiggle Site

November 07 County Council Meeting
Broadband
Science Based Qualifications & Management

November 07 EnnisLocal Area meeting
Icarus Statue
Bus Shelter Friary walk
Lees Rd Sports Complex

January 08 County Council Meeting
Non Public Areas of Planning office
Water Charging

February 08 County Council Meeting
Local Authority Funding
Western Rail Corridor

March 08 County Council Meeting
Rain and Grey Water Harvesting `
Lisbon Treaty

March 08 Ennis Local Area Meeting
Asbestos Roofs in Ennis
Pedestrian Crossing across western relief rd
Ennis General Hospital

April 08 County Council Meeting
Fur Farms
I Plan Web Site

May 08 Ennis Local Area Meeting
Pedestrian Crossing Watery rd & College rd
Bruach Na Habhainn levels
Dog Pound Ennis

September 08 County Council Meeting
Western Rail Corridor
National Car Test

December 08 County Council Meeting
Electoral Area Boundaries
Warmer Homes Scheme

September 04 County Council Meeting

11. Curtha faoi bhráid na Comhairle ag Cllrs. C. Curtin, M. Lafferty, B.
Meaney, P. McCarthy, P. Fitzgerald:-
“That this Council supports the Mayor’s suggestion at the adjourned Annual
General Meeting for the establishment of a Representative Sub-Committee to
examine proposals for improved Council Services, Functions and Facilities and that
same be set up with a report date of 1st November 2004”.

28. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney
“That this Council deplores the ongoing neglect and non funding by Iarnród
Eireann of the rail line north of Ennis and requests a detailed account of the
maintenance schedule to retain the condition of the line and halt any further
neglect”.

November 04 County Council Meeting

1. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney
“Request the Manager to outline the number of planning applications received and planning applications refused in SAC’s and NHA’s in Clare during 02, 03 and to date.”
I wish to reply to the Notices of Motion as follows:-
The information requested for the above motion is not readily available. The
reply requires substantial and detailed information, which requires to be
compiled manually. The development of a GIS system will significantly help
in providing this information.
In an effort to provide an indication of the levels of activity sought by the
motion an analysis was done of planning applications referred to the
Department of the Environment, Heritage and Local Government. The basis
for these referrals would in the main relate to applications in SAC and NHA
areas. The following table sets out the information as follows:
2002 2003 2004 (to date)
No of planning
applications referred 361 246 306

No of Decisions to 209 (58%) 159 (65%) 113(37%)
Grant permission

No of Decisions to 75 (21%) 35(14%) 26 (8%)
refuse permission

Applications 77(21%) 52 (21%) 167 (55%)
Awaiting Decision

2. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney
"That Clare County Council consider maintaining a list of recommended planning agents.”
I wish to reply to the Notices of Motion as follows:-
I will accept that there is merit in pursuing the matter of maintaining a register
of planning agents. The Councillor will be aware of the measures put in place
by the Council in relation to the proposed register for competent persons to
undertake the site characterisation assessment as part of the waste water
treatment consideration for individual planning applications. There are,
however, obvious practical difficulties in putting in place a register of
planning agents.
There are issues in relation to the scale of any process that might be required
to put in place such a register given that planning agents would be submitting
planning applications on a country wide basis and the wide number of parties
that might be engaged on any individual development. The issue of waste
water treatment is a specialised area of activity and is of a more local nature
than the wider remit of planning agents.

The Council has been putting in place measures to more effectively liase with
agents involved in the planning process and an Agents Liaison Group has been
in operation for some time now, whereby the Council has engaged in a twoway
process of information flow to better equip and inform agents of the
requirements and changes occurring in relation to the planning process.
The Council is happy to keep this matter under review and to endeavour to
continuously bring about improvements in the process for the benefit of
applicants.

Dec 04 County Council Meeting

36. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney.
“I request that Clare County Council make formal submissions to the Department
of the Environment and the European Commission to use the powers provided in
Article 19 of directive 2001/18/EC to prevent the growing of particular GM crops
in its area, to ensure protection of the environment. - ensure that no GM crops are
grown on land over which it has control. - Adopt a GM-free policy for all goods
and services for which this Council is responsible.”

37. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney.
“That this Council deplores the condition of the telecommunication infrastructure
in this county and should communicate such with all relevant parties.”

Jan 05 County Council Meeting

21. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney.
“I ask that the director of services responsible give a report on the number of complaints lodged in the last year with the various anti discrimination and equality authorities /agencies against Clare County Council. How many have been decided, what the decisions were and where the complaints come from.”

Complaints lodged with Clare County Council in regard to equality and discrimination during 2004
Date Submitted by Receiving Authority & CC's Persons involved Description of Complaint
3/19/04 Heather Rosen
Clare County Council
Department of the Environment
The Irish Human Rights Commission The Traveller Community of
Clare Implementation of emergency
accommodation measures
3/29/04 Heather
Rosen Clare County Council 34 members of the Sherlock
Family Notification under the Equal Status Act,
2000 regarding
an alleged act of discrimination at St
John's Park,
Ennistymon, re; height of walls

4/7/04 Heather
Rosen Clare County Council
The Homeless Unit
Mid Western Health Board
The Irish Human Rights Commission
Minister for Housing & Urban
Renewal
Minister for Health & Children
Enda Kenny TD
Michael D Higgins TD
& "Others"
Patrick & Margaret Ward Homeless Accommodation
4/14/04 Heather Rosen Clare County Council The Sherlock Family Height of Walls at St John's Park,
Deerpark West

4/29/04 Heather
Rosen Clare County Council 2 Mongan Families, 1
Donovan Family &1 Ward Family Emergency Services/Homeless
Accommodation
Replacement of Caravans
5/7/04 Heather
Rosen Clare County Council 5 members of the Doherty
Family
Notification under the Equal Status Act,
2000 regarding
an alleged act of discrimination at St
Michael's Park,
Ballymaley, re; horse impounding.
5/8/04 Heather
Rosen Clare County Council
The Irish Human Rights Commission
Department of the Environment
& "Others 210 Traveller Families Emergency Services/Accommodation
5/11/04 Heather
Rosen
Clare County Council
Extracts to Councillors
& "Others"
Members of the Mongan
Family Accommodation for the Mongan Family
6/16/04 Heather
Rosen Clare County Council Complaint in relation to
expenditure
& Legal costs Complaint in relation to expenditure &
legal costs

6/22/04 Heather
Rosen
Clare County Council Patrick & Margaret Ward None provision of homeless
accommodation
7/19/04 Heather
Rosen Clare County Council
"as widely as I can for Martins sake" 8 members of the Mongan
Family Complaint/Submission detailing
accommodation requirements for the Mongan family

7/29/04 Heather
Rosen Clare County Council
Equality Tribunal 5 Members of the Doherty
Family A complaint under the Equal Status Acts
by Francie Doherty
74 regarding incidents of discrimination which
allegedly occurred on
20th October 2003 ie signed intimidation
letters.

8/4/04 Heather
Rosen Clare County Council
Minister Ahern
The Irish Human Rights Commission Martin Mongan None provision of emergency
accommodation
8/9/04 Heather
Rosen Clare County Council
Minister Ahern
Sergeant in Charge, Ennistymon
The Irish Human Rights Commission Members of the Mongan
Family Complaint re trespass legislation
8/16/04 Heather
Rosen Clare County Council 7 members of the Delaney
Family Alleged harassament of the Delaney
Family in an ongoing way

8/19/04 Heather
Rosen
Clare County Council
Equality Tribunal 139 Claimants Alleged discrimination under the 2000,
2004 Equal Status Acts This case will now proceed by
investigation and decision
10/13/04 Heather
Rosen Clare County Council Francis & Michelle Doherty Complaint re; Statement family signed
dated 20/10/03.

10/22/04
Heather
Rosen Clare County Council Ennis Garda Station
The Attorney General & "Others" Members of the Mongan
Family Accommodation for the Mongan Family

10/29/04 Heather
Rosen Minister Noel Ahern, DOEHLG
Clare County Council
Irish Human Rights Commission
Office of the Ombudsman
& "Others"
Tom & Margaret Donovan Accommodation needs of the Donovan
family

11/2/04 Heather
Rosen Clare County Council St Anthony's Grove,
Ballaghafadda
Notification under the Equal Status Act,
2000 regarding an
alleged act of Discrimination, re; boundary
walls.

11/10/04 Heather
Rosen Clare County Council 7 members of the
McDonagh Family 2 members of the Keenan
Family
Notification under the Equal Status Act,
2000 regarding an alleged act
of Discrimination, re; closure of the
beechpark halting site

11/15/04 Heather
Rosen
Clare County Council 50 members of the
Mongans family, 13 of the
Donovan Family
Notification under the Equal Status Act,
2000 regarding an alleged
act of Discrimination, re; accommodation
requirements.

11/19/04 Heather
Rosen Clare County Council 64 members of the
McDonagh family 31 members of the Faulkner
Family 3 members of the Maughan
family
1 member of the Casey
family
4 members of the Joyce
family
8 members of the
O'Donoghue family
10 members of the Doherty
family
7 members of the Delaney family
Notification under the Equal Status Act,
2000 regarding an alleged
act of Discrimination, re; Indigenous/Non
Indigenous Clause

ES/ 200421582101 Heather
Rosen Clare County Council Chantelle Doherty and 4
others
Issues relating to traveller houses.

11/24/04 Heather
Rosen Clare County Council 29 members of the
McDonagh family
2 members of the Sherlock
family
4 members of the Joyce
family
5 members of the Sweeney
family
5 members of the Ward
family
Notification under the Equal Status Act,
2000 regarding an alleged
act of Discrimination, re; layout of sites
and barriers

11/24/04 Heather
Rosen
Clare County Council
Insp. Michael Gallagher
Mid Western Health Board
Homeless Unit Members of the Mongan
family Land negotiations at Ennistymon; with
enclosures

12/6/04 Heather
Rosen Clare County Council 19 members of the Mongan
Family Notification of an alleged act of
descrimination against the Mongan
families under the Equal Status Act, 2000
12/8/04 Heather
Rosen Clare County Council 10 members of the Keenan Family Notification of an alleged act of descrimination under the Equal
Status Act, 2000, re; Accommodation.
12/13/04 Heather
Rosen Clare County Council 5 members of the Sherlock
Family Notification of an alleged act of
descrimination against the Sherlock
families under the Equal Status Act, 2000
re; provision of accomm
for a family of the Sherlocks

32. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney.
“I request that Clare County Council invite a deputation from the Hanly Implementation Committee as outlined in Standing Order 60. The Deputation to outline their plan for the implementation of the Hanly report findings. If the HIC Committee decline the invitation then this Council should seek a meeting with the Minister for Health.”

January 05 Ennis Local Area meeting

10. Notice of Motion submitted by Cllr. B. Meaney.
“That Clare County Council provide for footpaths, green areas, speed limits and extension ofpublic lighting in Barefield village on the road from Considine’s pub to Trinaderry”.
Mr. R. Pyne, Senior Executive Engineer in a written reply stated:-
“There are no funds for footpaths and green areas on the road to Trinaderry, which is suitable tomany semi-rural development. The next speed limit review is in 2006 and the extension can be considered. There are already ten public lights in the road and public lighting could be extended on three existing ESB poles, if the locals apply for extension of the community lighting. The cost to the community is approximately €148.50 per light”.
Cllr. B. Meaney stated that there was no proposed scheme for landscaping and development.
Donal Buckley, Senior Engineer and Richard Pyne, Senior Executive Engineer responded to the queries raised by Cllr. Meaney and it was agreed that they would come up with proposals with regard to a resolution to this matter.
Proposed by Cllr. B. Meaney
Seconded by Cllr. P. Considine.

11. Notice of Motion submitted by Cllr. B. Meaney.
“That Clare County Council erect suitable traffic calming signage on the road from
Templemaley graveyard to the Larch Hill Cross opposite stone park”.

Mr. R. Pyne, Senior Executive Engineer responded as follows:-
“A speed and volume survey will be carried out on the Templemaley Road to establish traffic problems, and the matter will then be reviewed”.
Proposed by Cllr. B. Meaney
Seconded by Cllr. T. Brennan

Notice of Motion submitted by Cllr. B. Meaney.
“Have all monies allocated to the Ennis Electoral Area for roads, houses and other services beendrawn down and given comments of Minster Cullen (attached) is it required to be more ambitious in the future in the estimates”.

Three written responses were received to the Motion.
Ms. Josephine Cotter Coughlan, Senior Executive Officer replied as follows:-
“I wish confirm that in relation to the drawn down of monies required for the housing projects at Clare Commons, Clarecastle that capital expenditure to date this year has been drawn down and recouped to Clare Co. Council.
The future allocation of resources by the Department of the Environment, Heritage and Local Government will be based on the Council’s Social & Affordable Housing Action Plan entitled “Delivering Social & Affordable Housing in Clare”.
It is the Councils intention to provide social & affordable housing in the Ennis Electoral Area at Clarecastle and Crusheen during the term of the Action Plan (2004 – 2009)”.
Mr. Donal Buckley, Senior Engineer stated:-
“All available funds are being allocated to Clare County Council from the Department of the Environment, Heritage and Local Government under Transportation have been expended in previous years and will be expended in full in 2004 with a full draw down”.
Mr. Walter Walsh, Senior Engineer stated:-
“All monies allocated for maintenance of water services in the Ennis Electoral Area are drawn down.
Projects in the Water Services Investment Programme are financed multiannually on a project specific basis. Each project commences as soon as the planning of the scheme is completed to the satisfaction of the Department of the Environment, Heritage and Local Government and also approval is received to recommended tenders from the same Department”.

Proposed by Cllr. B. Meaney
Seconded by Cllr. P. Considine

County Council Meeting Feb 05

18. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney.
“That Clare County Council review speed limits on roads it controls on a case by case basis, this follows numerous representations made to me following the sterling work undertaken by the Council in displaying the current speed limits.”
reply
“Clare County Council carried out speed limit reviews in late 2003/early 2004
and these Speed Limit Bye-Laws were adopted by the Council in June, 2004.
The next speed limit review is due to commence at the end of this year and the
process should take approximately 3 – 4 months.”

42. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney.
“I request that Clare County Council make formal submissions to the Department of the Environment and the European Commission to use the powers provided in Article 19 of directive 2001/18/EC to prevent the growing of particular GM crops in its area, to ensure protection of the environment. - ensure that no GM crops are grown on land over which it has control. - Adopt a GM-free policy for all goods and services for which this Council is responsible.”

Local area Motions Feburary
11. Notice of Motion submitted by Cllr. B. Meaney.
“I request that lighting of the footpath on the Kilmaley Road beside the Golf Links be provided for. Ennis Town Council have done great work recently on the upgrading of this footpath and the provision of lighting would enhance the amenity and make this dark stretch of road more user friendly to the many that use it.”

Mr. R. Pyne, Senior Executive Engineer in a written reply stated:-

A planning application for 159 houses is presently lodged with Ennis U.D.C. and Clare County Council (P04/2599) and the development levies could be a possible source of funding for this work.
The length of footpath involved from the junction with the Drumbiggle Road to the junction with the Circular Road is 1,000 metres and would require 28 lights at a cost of €30,000 approx.
Proposed by Cllr. B. Meaney
Seconded by Cllr. P. Considine

12. Notice of Motion submitted by Cllr. B. Meaney.
“I request the agreement of a date for the removal of the Boulders from Ballyalla Lake and other locations around the town.”
Mr. R. Pyne, Senior Executive Engineer in a written reply stated:-
I do not recommend the removal of boulders from any location around the town, unless with the consent of local residents. I do not believe the illegal parking issue is permanently solved and all boulders were placed after continuous nuisance and subsequent representations. The situation can be reviewed in the autumn after the “summer season”.Proposed by Cllr. B. Meaney, Seconded by Cllr. P. Considine

13. Notice of Motion submitted by Cllr. B. Meaney.
“I ask that Direction Arrows be painted on the approaches to the small roundabouts on Clonroad and Tulla Road.”
Mr. R. Pyne, Senior Executive Engineer in a written reply stated:-
The Design Section of Clare County Council are preparing sketch diagrams for both
roundabouts and any new markings will be based on their recommendations.
Proposed by Cllr. B. Meaney
Seconded by Cllr. P. Considine

County Council Meeting March 05
29. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“I ask that a report be presented to the members on what measures are available to Clare County Council to control jet skis on lakes and rivers within the Fergus system and that this Council request the minister to introduce the registration system for fast power craft outlined in the recommendations from the report in to control of fast power craft.”

I wish to reply as follows:
The “Final Report of the Action Group on Small Powered Recreational Craft (Including Personal Watercraft)” Department of the Marine and Natural Resources (March 2000) makes recommendations in relation to the following areas: identification register for such craft, age limits for operation of such craft
mandatory insurance requirements, carriage of safety equipment on board such vessels, “rules of the water” for such craft, regulations on the use of intoxicants while in control of such craft, need to define offences of “careless driving” and “dangerous driving” of such vessels. It states that there are national issues which would be most appropriately addressed at that level.
Maritime Safety Act 2005 – Section 4(1) gives local authorities the power to make byelaws to regulate and control the operation of craft (including personal watercraft/jet skis), in waters in its functional area not under the control of (a) Waterways Ireland and (b) a Harbour Authority.
Any bye-laws made can prohibit the operation of craft for specified times; periods and/or in specified sites; can regulate matters relating to the launching, mooring or berthing of craft; can impose conditions to be observed by operators of the craft with regard to the waters or any adjacent area affected; can set maximum speed limits at which the craft may be operated.
Whilst the power to make bye-laws now exists under the new legislation, there are anumber of critical issues which require to be addressed, as outlined in the Action Group Report, before workable and enforceable bye-laws can be brought into effect.
-------------------------------------------------
Gerard Dollard,
Director of Services,
Environment

48. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“I ask that this Council request resources from the Dept of Agriculture to ensure that circus's coming in to the functional area of Clare County Council are in compliance with current animal welfare legislation”

April 05 Local area Meeting
12. Notice of Motion submitted by Cllr. B. Meaney.
“I request that pedestrian crossings be constructed at the Maid of Eireann
Roundabout”.

Mr. D. Troy, A/Senior Executive Engineer in a written reply stated:-
A pedestrian crossing will be constructed this year on the N18 at the Mill Bridge/Kilmaley Road area. A pedestrian crossing was put in place last year on the Harmony Row/Mill Road near the junction with Bindon Street. These measures will significantly improve pedestrian safety at the Maid of Eireann area. At current traffic volumes, the provision of more pedestrian crossing on the N18 through Ennis will not have a positive effect on traffic flow or pedestrian safety. With the completion of the Ennis bypass and reduced traffic volumes in the area, extra pedestrian crossing facilities will then be considered.
Proposed by Cllr. B. Meaney
Seconded by Cllr. T. Brennan

13. Notice of Motion submitted by Cllr. B. Meaney.
“I ask the Ennis Local area meeting pass a motion seeking a waiver from waste charges in certain hardship cases”.
Mr. D. Timlin, Director of Service in a written reply stated:-
Waiver schemes where they have applied in other Local Authorities have arisen
where those authorities provided a domestic waste collection service and in
certain circumstances waived the service fee for that collection service. Clare
County Council does not provide such a collection service and so does not have
any income to waive. The Council did not operate a waiver scheme when it
provided a collection service in the past.
Proposed by Cllr. B. Meaney
Seconded by Cllr. J. Carey
14. Notice of Motion submitted by Cllr. B. Meaney.
“In conjunction with the request for public submissions on the establishment of a walking route along the old west Clare railway I request the reinstatement of the route to in the Ennis area”
Ms. Congella McGuire, Heritage Officer in a written reply stated:-
A feasibility study of the West Clare Railway Line will be under taken in 2005 to assess its value as a recreational route. This work is an action under the County Clare Heritage Plan 2003 to 2005. Objective 10 Section B of the Plan is “to develop new and maintain existing walking routes in County Clare”. The related specific action is to “evaluate the potential of the West Clare Railway as a walking route and to hold a meeting of the stakeholders to evaluate the possibilities”.
Funding has been made available from the Heritage Council with co-funding from Clare County Council. This year funding will only allow for a partial study to be under taken, concentrating initially in the area between Kilrush and Kilkee and progressing towards Miltown Malbay. Tenders are at present being sought and Monday the 11th of April is the last day for submissions from consultants. The attached job brief outlines the details of the work to be under taken.
In relation to Public “Rights of Way” in the Ennis area and the West Clare Railway Line. Part of the line was assessed at the same time as other routes were assessed as Public “Rights of Way” in the Ennis area. Following this work eight routes were included as Public “Rights of Way” in the Ennis Town Plan.
At this time the West Clare Railway Line out of Ennis to Ballygriffy was assessed and land ownership details were obtained. For the most part the line was intact save where it was reclaimed into pastureland at several locations along the route. The line was difficult to commute at two points i.e. crossing the River Fergus and at the Druncliff road. Many of the landowners were contacted and asked their views on making the line accessible to the public as a walking route. Several landowners expressed concern in this regard and were unwilling to consider the proposal further.
Proposed by Cllr. B. Meaney
Seconded by Cllr. T. Brennan

County Council Meeting May 05
27. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney.
“I request a break down and total amount of fees paid by Clare County Council for legal services and advice during 2003 and 2004.”

SUPPLIER €
MICHAEL P HOULIHAN SOLICITORS 676,706

JOHN CASEY & COMPANY SOLRS 294,051

BRIAN D.CASEY & ASSOC. SOLRS. 164,190

GERARD KIELY SC- BARRISTER AT 78,650

JAMES CONNOLLY S.C. 51,512

PATRICK G QUINN 48,176

P F MOLONY & CO SOLICITORS 33,214

MICHAEL F. NOLAN SOLICITOR 32,445

BRIAN M MCMAHON & ASSOCIATES 30,821

MASONS SOLRS. 29,202

CRIMMINS & COMPANY SOLICITORS 26,399

BROPHY SOLICITORS 20,000
SMYTH & SONS SOLICITORS 16,172

DESMOND J HOULIHAN & CO 13,664

BEHAN & ASSOCIATES 13,196

MARY CASHIN ASSOCIATES 11,104

WILLIAM M CAHIR AND CO 10,072

A & L GOODBODY SOLICITORS 9,384
OFFICE OF THE GENERAL
SOLICITOR 5,928

KERIN HICKMAN & ODONNELL 5,137

M. PETTY & CO. SOLICITORS 5,099

MARTIN LINNANE & CO. SOLICTORS 5,092

PATRICK DILLON MALONE 4,235

PATRICK HUNT – SENIOR COUNSEL 3,328

JAMES MACKEN S.C. 3,267

MCMAHON & WILLIAMS SOLICITOR 1,961

WARREN & PARTNERS 1,815

SWEENEY MCGANN (SOLICITORS) 1,709

JUSTIN SADLEIR SOLICITORS 1,701

MELVYN HANLEY SOLICITORS 1,548

NICHOLAS NOLAN SOLICITORS 1,136

PAUL LYNCH & COMPANY 1,057

TARA GODFREY SOLICITORS 1,049

MARIAN PETTY & CO. SOLRS 1,018

LEONIE HUSSEY – OBRIEN 978

J.C. MURPHY & CO SOLICITORS 885

MARTIN FITZGERALD BA 605

CONOR J GLENDON & CO. SOLRS 569

JAMER M NASH & CO 340
1,607,413

SUPPLIER €
MICHAEL P HOULIHAN SOLICITORS 1,054,154

BROPHY SOLICITORS 119,206

JAMES CONNOLLY S.C. 56,669

JOHN CASEY & COMPANY SOLRS 55,559

PATRICK GERARD QUINN JNR 49,599

BRIAN D.CASEY & ASSOC. SOLRS. 40,636

CRIMMINS & COMPANY 36,531

KERIN HICKMAN & ODONNELL 28,061

J.C. MURPHY & CO SOLICITORS 25,676

WARREN & PARTNERS 18,150

CHAMBERS & CO.SOLICITORS 17,468

BRIAN M MCMAHON & ASSOCIATES 16,377

MASONS SOLRS. 14,905

JOHN CASEY & CO 14,701

JOSEPH A CHAMBERS 13,332

WILLIAM M CAHIR AND CO 12,944

SMYTH & SONS SOLICITORS 9,162

D.G.ODONOVAN & PARTNERS 8,446

MICHAEL J HOWARD- BARRISTER 6,353

NIALL DURNIN SOLR. 6,050

DESMOND J HOULIHAN & CO 5,501

VINCENT HENEGHAN BARR.AT LAW 4,033

CONCANNON & MEAGHER SOLS 3,969

LEONIE HUSSEY – OBRIEN 2,656

PAULINE CODD 2,420

JOHN PUNCH S.C. 1,936

PATRICK G QUINN 1,658

NICHOLAS NOLAN SOLICITORS 1,543

LORCAN CONNOLLY B.L 1,513

MCMAHON & WILLIAMS SOLICITOR 1,231

DUNDON CALLANAN SOLICITORS 1,215

DONAL FARRELLY & CO. SOLRS. 1,125

SWEENEY MCGANN (SOLICITORS) 1,000

LOUGHNANE & CO SOLICITORS 995

WALLACE REIDY & COMPANY 969

CHIEF STATE SOLICITORS OFFICE 952

BEHAN & ASSOCIATES 908

CONN0LLY O NEILL SOL 605

1,638,207

34. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney.
“I ask this Council outline its concerns to the NRA over the by-passing of towns in Clare.”

I wish to reply as follows: -
The N18 and N19 roads account for 54.5km of National Primary Road in County Clare.Once the programme for completion of improvements is achieved all 54.5km of National road will be constructed to Dual Carriageway standard.
The following table records the lengths of completions and constructions to date:
Km Location Status
12 Between Landsdowne Bridge and Bunratty Completed
12 N18 between Clonmoney and Dromoland Completed
3 N19 into Shannon Completed
14 N18 Ennis Bypass Under Construction
13.5 N18 Gort to Crusheen improvements Planned
As part of these improvements the following towns have been or will be bypassed;
Newmarket on Fergus, Clarecastle, Ennis, Barefield and Crusheen.The Environmental Impact Statements for both the Newmarket on Fergus Bypass and the Ennis Bypass have identified large volumes of through traffic in Newmarket on Fergus, Clarecastle, Ennis and Barefield. This traffic has caused congestion and in turn has led to adverse traffic delays, large queues and deteriorating environments in these towns (traffic, noise, vibration, higher accident rates and increased stress for drivers, pedestrians
and all road users and residents). These negative effects have or will be significantly
reduced as a result of completing these road projects. Similar effects are also likely to be highlighted in the EIS for the Gort Crusheen scheme for the town of Crusheen.
The aforementioned towns may perceive that there will be a reduction in passing trade as a result of the opening of these new schemes. Although there will be some effects in the early stages after the opening of a new bypass generally to date any town that has been bypassed in Ireland has adapted and thrived in a short period after the opening of a new scheme. Some notable examples are Cahir, Athlone and Midleton; some smaller towns that have done well are Patrickswell in Limerick and Carrigtwohill in Cork. Clare County Council is constructing these road improvements in County Clare with funding from the NRA. The NRA has an aim of improving inter urban traffic speeds and the completion of these schemes in Clare will achieve this objective.
I am of the opinion that the construction of these bypasses will bring positive benefits tothe towns being bypassed and we do not consider that any concerns need to be raisedwith the NRA at this stage.
______________________________
Tom Carey,
Director of Service & County Engineer.

Clare County Council Meeting June 05
31. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney.
”I ask that this Council provide an update to the members on registrations of Quarries underSection 261 of the Act, detailing number of applications received to date, number registered, procedure in the event that planning permission is required, why the difference in the number of applications compared to the number of quarries predicted, etc.”

I wish to reply as follows.
Section 261 of the Planning and Development Act, 2000 introduced a onceoff
system of registration for all Quarries, except those for which planning
permission was granted in the 5 years before Section 261 became operative,
i.e. 28th April 2004. Clare County Council has received 210 applications for
registration of Quarries under Section 261 and these applications include very
large quarries and some small farm related gravel pits.
Some applications were received after the last date 27th April 2005 and these
applications do not comply with Section 261 of the Act, which required that
the information be submitted “within one year of commencement of the
Section “. These applicants have been notified that their applications cannot
be considered under Section 261.
The Act provides that any Quarry that fails to comply with Section 261 or fails
to respond to a request for further information or fails to make a planning
application if required to do so shall be unauthorised development.
Each application site will be visited and further information will be requested
from the applicant if required. The Planning Authority must consider when
the quarry commenced operation, the size of the Quarry and the type and scale
of activity carried out on site. Each application will be assessed in accordance
with the legislation and the Guidelines on Quarries and Ancillary Activities
published by the Department of Environment and Local Government issued in
April 2004. The Planning Authority must publish notice of its intention to
(a) impose conditions on the operation of the Quarry (b) restate, modify or add
to conditions on the operation of the Quarry or (c) require the making of a
planning application and Environmental Impact Statement within 6 months of
receipt of the application.

Section 261 provides that where the continued operation of a Quarry
1) the extracted area of the which is greater than 5 hectares, or
that is situated on a European site or any other area prescribed for the
purpose of Section 10 (2) (c), or land to which an order under Section
15, 16 or 17 of the Wildlife Act, 1976, applies
and
2) That commenced operation before 1st October 1964
Would be likely to have significant effects on the environment the Planning
Authority shall not impose conditions on the operation of the Quarry but shall
not later than one year after the date of the registration of the Quarry require
the owner / operator of the Quarry to apply for planning permission and to
submit an Environmental Impact Statement to the Planning Authority.
To date, public notices have been issued in respect of 14 applications and
submissions from the public have been received on a number of applications.
The Planning Authority in making its assessment of the application must also
consider such submissions. A notice requiring a planning application and EIS
has been served on one application to date.
I attach herewith copy of the Guidelines on Quarries and Ancillary activities
and the procedure in relation to implementation of Section 261 is set out in
Part B of the Guidelines.
The number of applications received exceeded the expectations of the
Planning Authority and it will not be until all such applications have been
assessed that a picture of the number of quarries actually in operation can be
taken. It should be noted that more than one application was made in respect
of some quarries. The Planning Authority must ensure that sufficient
resources are applied to this area in the coming years in order to assess all
applications and to monitor those to which conditions are applied and to
process all planning applications required to be made under the process.
Mise, le meas,
______________________________
C. Greene,
Senior Executive Officer,
Economic Development & Planning.

Local Area Meeting Motions June 05

4. Notice of Motion submitted by Cllr. B. Meaney.
“I ask that the Ennis local area meeting ask Clare County Council and Ennis Town
Council to submit proposals to avail of the funding announced by Mr. Dick Roche,
T.D., Minister for the Environment, Heritage and Local Government, on the 18th May
that his Department will provide funding of €2 million to local authorities for the
provision of playground facilities and €1 million for skateboard parks”.
Proposed by Cllr. B. Meaney
Seconded by Cllr. T. Brennan

5. Notice of Motion submitted by Cllr. B. Meaney.
“That Clare County Council provide and plan for footpaths, green areas, speed limits
and extension to public lighting in Barefield Village on the Road from Considines

Pub to Trinaderry. Reference previous motion of September/October 2004, when the
then Area Engineer spoke positively about putting a plan in place for these works”.

Mr. Hugh McGrath, Senior Executive Engineer, in a written reply stated:-
“Clare County Council Road Design section are to revert to the Area Office with a
proposed layout for use of the road space in this area”.
Cllr. Meaney requested clarification and Hugh McGrath stated that he was meeting
with the Design Office next week and will be discussing the matter further.
Proposed by Cllr. B. Meaney
Seconded by Cllr. T. Brennan

6. Notice of Motion submitted by Cllr. B. Meaney.
“I request that the local area meeting request full access between the Quin Road and
the new Ennis Bypass”.
Proposed by Cllr. B. Meaney
Seconded by Cllr. T. Brennan

County Council Meeting July 05
20. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney.
“That this Council in the interests of transparency and ensuring value for tax
payer’s money provide a detailed breakdown of the costs (to date or projected)
associated with protecting the Lesser Horseshoe Bat on the route of the Ennis bypass.
Details to be obtained from the contractor for the scheme, GAMA Construction
should include the cost of building a new bat house, renovating an old school
house, consultants costs.”

Ms. Monica Meehan, A/Director of Service replied as follows:
“The requirement to protect the Lesser Horseshoe Bat derives from the EIS for the Scheme as confirmed by An Bord Pleanála in July 2001. The obligations outlined therein were translated into Employers Requirements in the contract for the construction of the scheme. The risk and cost of delivery of these Employers Requirements were transferred to the Contractor as part of the Contract. The costs therefore are the responsibility of the Contractor Gama Strabag Construction Limited and are included in the contract price of €119.64 m including VAT”.
Cllr. B. Meaney stated that he was not happy with this reply.

46. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney.
“I ask that this Council seek advice from the Department of Agriculture and other
relevant authorities to establish guidelines for the control of Japanese Knotweed.”

County Council Meeting September 05
19. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney.
“I request the Director of Services to present the members of this Council with a progress report on the Ennis By-pass/ Western Relief Road, the report to include the amount in Euro and as a percentage of the contract price for the Ennis By-pass / Western Relief Road that has been paid, the opinion of the Project Manager and the Consultants on progress to date. The report should also detail penalties that will arise in the event that completion deadlines are not being met.”
I wish to reply as follows ;
“In so far as it can be quantified on a Design, Build Project, it is estimated that the Contractor is currently approximately 5 weeks behind programme. Progress has improved significantly in recent months and the Contractor is confident that the delay will be clawed back and will not affect the date for completion. I am also satisfied that this is likely to be the case. The completion date remains 7th April, 2007. To date, €33 m has been certified which equates to 28% of the contract price.
It would be my advice to the Members that to publicly discuss the details of penalty clauses in a situation where a contract is proceeding satisfactorily would not be either helpful or necessary.”
T. Carey
________________________________________
Tom Carey,
Director of Service & County Engineer.

29. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney.
“I request that all Development Contribution Schemes in Clare be amended to exempt
development within existing serviced industrial estates that will provide jobs in
manufacturing. This exemption be applied retrospectively.”

I wish to reply to the notice of motion as follows :-
Sections 48 & 49 of the Planning & Development Act 2000 are the legislative basis for the preparation and adoption of Development Contribution Schemes.
The purpose of the Development Contribution Scheme is to require the payment of development contributions in respect of the provision and upgrading of public infrastructure and facilities benefiting development in the area. The costs of the provision and upgrading of such infrastructure and servicing of particular lands
is very significant. It is, therefore, not proposed to amend the Development Contribution Scheme to exempt development within existing serviced industrial estates that will provide jobs in manufacturing.

September 05 Local Area Motions

5. Notice of Motion submitted by Cllr. B. Meaney.
“I ask that work commence as a matter of urgency on an embankment as already discussed to ensure the protection of property from potential increase in flooding arising from the crossing of the Claureen River by the Western Relief Road”.
Cllr. B. Meaney stated that Mr. Madden would like if an embankment could be installed which would protect his property from flooding.
Mr. T. Tiernan stated that the Ennis By Pass is a Design Build Project and that there is a requirement on the Contractors to design the work in such a way that it does not exasperate any situation. The Contractor in this situation is required by virtue of a clause in his contract to do that.
It was agreed that Cllr. B. Meaney would make representations to the Fergus Drainage Committee to make money available for drainage every year.
It was agreed that Tom Tiernan would investigate the up to date position on the design work associated with this issue and report back to the next meeting of the Ennis Electoral Area in November.
Proposed by Cllr. B. Meaney
Seconded by Cllr. S. Scanlan

6. Notice of Motion submitted by Cllr. B. Meaney.
“I ask that Ennis Electoral Councillors be informed of the opening day for the Quin Road Halting Site”.
Ms. Madeleine McCarthy, Administrative Officer in a written reply stated:-
“The Council proposes taking over the completed project at Ballaghboy on Monday next, 19th September, 2005. It is intended that the tenants will take up occupation of Bays at Ballaghboy as soon as possible thereafter”.
Proposed by Cllr. B. Meaney
Seconded by Cllr. B. Hanrahan

7. Notice of Motion submitted by Cllr. B. Meaney.

“I ask for a detailed account of the Council's efforts to establish a waste water treatment plant in Clare Abbey”.
Mr. Tom Tiernan, Senior Engineer in a written reply stated:-
“In 1999, a team of consultants was appointed to carry out the "Ennis Main Drainage and Flooding Study". One of the requirements of the Brief provided to the consultants was to examine the need for a new waste water treatment plant or plants to facilitate Ennis/Clarecastle and environs going forward and to make recommendations in this regard. Throughout the course of the study, which was ultimately completed in August 2002, the need for development of a 50,000 P.E. treatment plant was established and a number of possible sites were identified. All options were examined in detail and arising from this analysis, the recommendation of the study was to eliminate the existing main treatment plant at Clonroadmore and to develop the required new plant at Clareabbey on a significantly enlarged site, based
around the existing treatment plant site. The Ennis Main Drainage and Flooding Study
(Preliminary Report) containing this recommendation was submitted to the Department of the Environment, Heritage and Local Government for approval in August, 2002.
Meanwhile, the environmental impact statement pertaining to the proposed plant was being drafted and was completed in December 2002. It was submitted to An Bord Pleanala for approval (as is required under the current planning regulations) in January, 2003. A formal public consultation process ran in conjunction with An Bord Pleanala's consideration of the E.I.S. as is the norm. Ultimately, An Bord Pleanala approved the E.I.S. on December 19th, 2003. This approval is effectively an approval for the plant from a planning point of view.
The DoEHLG had indicated that they couldn't examine the Preliminary Report until such time as An Bord Pleanala approval would be determined in respect of the proposed plant. Accordingly, the Council has effectively been waiting since December, 2003 for the required approval of the Preliminary Report which would allow the Council to move onto the next stage, that is procurement of consultants, detailed design etc. It is my understanding that the matter is presently receiving priority in the Department. Notwithstanding the fact that the Preliminary Report has not yet been approved, the Department did consent recently to initiation of C.P.O.
procedures to facilitate acquisition of the site for the new plant. This procedure is presently ongoing.
Proposed by Cllr. B. Meaney
Seconded by Cllr. J. Carey

County Council Meeting October 05
21. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney.
“I request a report from the Director of Services on efforts that are being made to fund
the shortfall in the Cliffs of Moher Visitor Centre and include a projected final cost”.

I wish to reply as follows:
The proposal for a Visitor Centre at the Cliffs of Moher was first subject of an architectural competition in 1990. Significant difficulties and changes to the overall project have been experienced since that date. In relation to costs, the original Visitor Centre project constituted a small Visitor Centre. The current Visitor Centre project, which is being implemented at present on site, involves a more comprehensive Visitor Centre in addition to a complete upgrading of walkways/pathways, construction of new viewing platforms and improvements at the Cliff edge – all of which did not form part of the original proposal. Tenders for the construction project have been the subject of an EU procurement process. The eight tenders received varied by some
€7m. between the lowest and the highest tender. The Council accepted the lowest tender in the sum of €21.7m. To this must be added land acquisition costs, design team fees, planning costs, interpretation design and exhibition and other costs which do not form part of the main construction contract. The current estimated cost, to include historic costs, is €31.45m. Currently Clare County Council has secured grant aid of €10m. from Fáilte Ireland in addition to approval to the raising of a €15m. loan which is being obtained from the European Investment Bank. In an effort to address the funding gap, the Council has undertaken the following:

A limited company has been set up to manage the commercial aspects of the project, both from a construction and operational point of view. The putting in place of such a structure, which is subject to the approval of the Revenue Commissioners, will allow VAT to be reclaimed on the construction costs in so far as they relate to the commercial elements of the project.

Fáilte Ireland has been advised of the revised costs based on the accepted tender. A request has been made to Fáilte Ireland for additional grant aid and, while the response to date has not been favourable, the Council would intend to continue to discuss the matter with Fáilte Ireland.

The Council is also progressing the possibility of obtaining sponsorship in relation to the overall project. This approach is not intended to commercialise the project but we are confident that opportunities do exist for sponsorship that can be
implemented in a discreet and sensitive manner.

The Business Plan for the project is being reviewed and, in particular, is focusing on the capacity of the project to carry additional borrowings. Overall, it is clear that the Council has one opportunity to “get it right” at the Cliffs of Moher. It is important that the visitor experience at the site meets the highest standards and reflects the national and international tourism importance of the location. While some adjustments have been made to the submitted tender to reduce costs, the Council has adopted the approach that reductions in scope which would compromise the integrity of the project will not be implemented. What is being put in place is a world class visitor experience at a world renowned site. The project is currently on schedule. Part of the Cliff edge improvements will be completed in time for the Summer 2006 tourist
season. The overall project is scheduled to open in early 2007.
-------------------------------------------------
Gerard Dollard,
Director of Services,
Environment & Emergency Services.

33. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney.
“I wish this Council to facilitate a conference in Shannon entitled ‘Irish Neutrality
Policy, Principle, Concept or Myth? ’. Can the Council give a report on what resources are available for this”.

Clare County Council Meeting November 05

30. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney
“I request the Director of Services with responsibility to give a report on this Council’s policy on the reinstatement of Road side walls on Regional, Secondary and Primary roads after road improvement works. I ask that the report include a detailed account on the cost of the stone walls constructed and under construction with the recent and ongoing road improvement works along the R352. Report to include all costs including cost of concrete, Grade of Concrete, Cost of Stone, labour Costs, etc etc. Report also to include projected overall cost of the stone walls arising from
the improvement works to the R352. I request a break down of the costs involved of a similar amount of concrete Paling”.
Mr. T. Carey, Director of Service and County Engineer replied as follows:
“It is Clare County Council’s policy to preserve, where possible, existing landscape features where road widening schemes are being carried out. These features include hedgegrows, stone walls, earthen banks, ditches etc. Clare County Council’s Transportation Section only construct stone walls where the removal of existing walls was required and, indeed, in parts of West Clare earthen banks have been removed and very successfully re-instated on road widening schemes. All the land acquired to date on the R352 for road improvements has been acquired by agreement and at very reasonable cost thereby avoiding expensive CPO processes. The landowners who have existing stone walls will not accept dry stone walls as part of the accommodation works and always insist on masonry stone walls.
Over the past 3 years road improvement works have been carried out on approximately 3.5 km of the R352 in the vicinity of Moymore. Most of this re-alignment/widening necessitated acquiring land on both sides of the existing road thereby resulting in 6.5 km of new roadside boundaries having to be constructed or due to be completed in the next few months. Major savings have been made on the land acquisition costs as all the land has been purchased at a very reasonable price. 4 km of 1.1 m high masonry stone walls have been constructed to date at a cost of
€810,000 (€200/m approx.) with a further 650 m to be completed. The approximate breakdown of the cost of masonry stone walls is as follows
Foundation (20 N Concrete) €12/m
Labour €150/m
Stone €30/m
Sand, Cement, etc. € 8/m
______
€200/m
The cost of concrete Post & Rail fencing is approximately €50/m.
Clare County Council have recently commenced road improvement work on the next section of the R352 and 80% of the acquisition is on one side of the existing carriageway and two of the six land agreements are for post & rail fencing.”

37. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney

“I ask that the committee established to review Council business, review standing order 53 as a matter of urgency and introduce a procedure to deal with unsubstantiated serious allegations involving members and staff of this Council”.

Local Area Motions Nov 05

5. Notice of Motion submitted by Cllr. B. Meaney:-
“Inform the elected members of the funding proposals for the proposed upgrading of the Ennis town and Environs Water Supply.”
Mr. Tom Tiernan, Senior Engineer replied as follows :-
“The provision of a new treatment plant to facilitate the existing Ennis water supply
source at Drumcliff Springs is incorporated in the current National Water Services
Investment Programme. The present estimated cost is €6.5m. The Department of the
Environment and Local Government recently confirmed that it is in order for the
Council to proceed to tender, subject to certain amendments being made to the tender
documents which were submitted for that Department’s approval. The amendments in
question are presently being incorporated into the documents and when this process is
completed, the five short-listed consortia will be invited to compile their proposals on a design/build/operate basis. At this stage, it is envisaged that the new plant will have
been provided and commissioned within a two-year period. To address the additional water supply requirements of Ennis and Environs in the medium and long term, trunk mains are at present being constructed in association with the Ennis By-Pass Project. This infrastructure will convey additional water to the area from the existing Shannon source at Castlelake, near Sixmilebridge. Ultimately, the plant at Castlelake will be expanded to cater for the long term requirements of the Ennis area – this isn’t included in the current investment programme, but is included in the Council’s assessment of needs”.
Proposed by Cllr. B. Meaney
Seconded by Cllr. B. Hanrahan
Mr. Tom Tiernan addressed the issue regarding funding for the treatment plant and
stated that initial estimates provided indicated that it would cost between €600,000 and €1m. Numerous Councillors raised concern about the situation and urged that more pressure be put on the Minister to provide funding. A discussion took place on the issue of the design build operate and public private partnership and Cllr. B. Meaney enquired about what percentage of the funding comes from the private sector. Mr. Tom Tiernan stated that between 20% and 30% of the funding would come from the private sector.

6. Notice of Motion submitted by Cllr. B. Meaney:-

“With the opening of the Quin Road halting site, I request a date for the completion of
reinstatement of the Ballyalla Amenity.”
Mr. Hugh McGrath, Senior Executive Engineer replied as follows :-
“Works are currently underway in preparation for reopening of the parking bays. We
are also carrying out improvements to the value of €55,000 before the end of 2005 to
upgrade disabled access and general facilities for the park”.
Proposed by Cllr. B. Meaney
Seconded by Cllr. J. Carey
Mr. Hugh McGrath, Senior Executive Engineer informed the meeting that the parking
bays would reopen in three to four weeks.
7. Notice of Motion submitted by Cllr. B. Meaney:-
“I request an update on the establishment of a Skate Park at the Lees Road Sports
Ground”.
Mr. Tom Tiernan, Senior Engineer replied as follows :-
“A submission was made to the Department of the Environment, Heritage and Local
Government in July of this year in response to a Department announcement that
applications for funding to facilitate development of skateparks would be welcomed.
The proposal which had to be submitted within a very short period of time, following
the announcement, indicates an estimated cost of €150,000 and that the site for the
facility would be within the Lees Road complex. As I understand it, approval has been issued in recent days to funding in the sum of €90,000 – I haven’t yet received a copy of this approval. The next step is to complete a proposal to facilitate the planning process (Part 8) and taking into account the funding available for the project. A tendering process will also be necessary. The various steps of the process will take time and I am not aware as yet as to the time limits allocated for drawing down the approved funding – I hope to have more information on the funding approval for the Area Meeting on November 14th.
I would have some reservations regarding the concept of provision of a skateboard
facility at Lees Road. From a practical point of view, I think that convenience to the
town centre would be important if
(a) the problems being encountered in the town centre at present are to be
eliminated and (b) the facility to be provided is to be used to the extent that would justify it. Also, given that the Council’s Insurers I.P.B.M.I. Ltd., require that skate parks should be away from trees because leaves on their surface can be hazardous, there would be serious limitations as regards where it could be located within the Lees
Road complex.
An appropriate location in Tim Smyth Park or in Clonroad Park may be preferable.
I would appreciate the Councillors views in relation to the foregoing”.
Proposed by Cllr. B. Meaney
Seconded by Cllr. J. Carey

County Council Meeting December 05
14. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“Can the Director of Service give a report to the members on the procedure it uses for leasing of land in its ownership”.

Reply:-
The Council has lands at the locations outlined below which are let annually on the 11 month system. Tenders are invited in the local media each year and the highest offer is accepted in each case. The lands vary greatly in size and quality among the various locations. The letting agreement entered into would enable the Council to regain possession of any of the lands in question during the letting period with one months notice.
Locations
Carrigaholt – Rahona East
Ennis – Drumcliffe (opposite new Cemetery)
Ennis – Drumcliffe (rear of new Cemetery)
Newmarket on Fergus – Ballycalla
Fanore
Kilkishen – Teeronea
Kilmihil – opposite cattle mart
Scarriff – Carrowmore (beside new burial ground)
Mullagh – Knocknahilla
Corofin – Laghtagoona (beside Parochial House)
Miltown Malbay – Mullagh Road (opposite primary school)
Illaunmanagh, Shannon
Ballycasey More, Shannon
Ballycasey More, Tullyvarraga & Clonmoney West, Shannon
____________________
Michael McNamara
Senior Executive Officer
Corporate Services

30. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“I request the County Manager to provide a report to the members detailing its duty of
care/responsibilities towards people under the influence of alcohol and can this report include any legal advice recently received in relation to public liability claims where alcohol was involved”.

I wish to reply to the notice of motion as follows :-
Generally, the advice of the County Solicitor would be that the Council’s obligations to those who have consumed alcohol are no different to those who are sober. It is not
considered appropriate to publicise legal advice received in dealing with any one
particular public liability claim. All such claims received by the Council are defended
on their merits by the Council and the Councils insurers as vigorously as possible.
There was a case settled recently for €2m compensation which was regarded by the
Council’s insurers as a compromised base settlement having regard to the fact that the
initial claim was for a figure well in excess of this settlement figure.
Mise le meas,
________________________
Michael McNamara,
Senior Executive Officer,
Corporate Services.

County Council Meeting Jan 06

20. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“I request the County Manager to give a report on the implications of the reply to my motion on the growing of GM food (Item 42 February)”
21. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“I request that this council write and congratulate and support ICTU in defending Irish workers in the recent Irish Ferries dispute.”

Local Area Meeting Jan 06

13. Notice of Motion submitted by Cllr. B. Meaney:-
I request as a matter of urgency that a pedestrian crossing be provided close to thejunctions of the Watery Rd and College Rd across the N18 at Highfield, Ennis.
Mr. Hugh McGrath, Senior Executive Engineer replied as follows:-
An application is with the National Roads Authority (NRA) to carry out this work underthe Low Cost Safety Scheme funding in 2006 and is currently under consideration by the NRA. The success of the Funding application should be known in May 2006 at the latest
.
Proposed by Cllr. B. Meaney
Seconded by Cllr. P. Considine

14. Notice of Motion submitted by Cllr. B. Meaney:-
I request that Cllrs be given assurances that there will be no fees charged at the Ennis recycling centre.
Mr. Ger Dollard, Director of Service replied as follows:-
In the preparation of Budget 2006 regard had to be had to the significant reduction in landfill income and the very extensive infrastructure and service in place for recycling throughout the county. The latter imposes a considerable cost on the Council in terms on improving existing infrastructure and maintaining and operating recycling facilities.
The recycling centre at Gort Road industrial estate, Ennis, continues to grow in
popularity and now attracts well in excess of 1,000 visits per week. From 13th August 2005 the EU WEEE (Waste Electrical and Electronic Equipment) Directive has been in operation, whereby waste household electrical goods can be brought free of charge to reception centres for collection and subsequent processing by a central producer group. Ennis, Ballyduff Beg, Lisdeen and Scariff recycling centres are now accepting these goods.
It will be necessary, however, in 2006 to introduce a small charge for waste at the
recycling facilities for waste other than WEEE.
Proposed by Cllr. B. Meaney
Seconded by Cllr. T. Brennan

The members present expressed dissatisfaction with the reply received to this notice of motion.

15. Notice of Motion submitted by Cllr. B. Meaney:-
I request that a formal meeting be arranged between all elected members in the Ennis electoral area and the Garda Superintendent and Chief Superintendent to discuss Garda numbers in Ennis and seek assurances relating to illegal parking of caravans.
Proposed by Cllr. B. Meaney
Seconded by Cllr. T. Brennan

County Council meeting Feb 06
14. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“I request a report on the number of applications for planning retention submitted to
Clare County Council in 2004 and 2005 and the outcomes of such applications.”
I wish to reply as follows:
The information requested in relation to applications for retention permission
made to Clare County Council in the years 2004 and 2005 is as follows:
2004 2005
Applications received in year 184 195
Applications granted 138 114
Applications refused 12 19
Applications on Further information/ invalid / withdrawn or undecided 34 62
Mise, le meas
_____________________________
Bernadette Kinsella,
Director of Service,
Economic Development & Planning.

37. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“I request that this Council investigate and prepare a report for members on joining the Assembly of European Regions (AER).”

I wish to reply as follows:
The Assembly of European Regions (AER) was created in 1985 with the aim of enhancing the voice and position of Europes regions. The AER currently has 250 member regions from 30 European countries and 13 interregional member organisations. Each region is entitled to one vote within the AER. Its headquarters are in Strasbourg.
The following may become members of the Assembly of European Regions subject to the payment of a membership fee:
All democratic regions of Europe
Groups of regions within a state
Interregional associations of European regions.
Regional competences vary from one country to another and there are six types of Regions which can currently become a member of the AER. In the case of Ireland the “region” must be a Regional Authority before a request for membership is made. However, Donegal County Council seem to be an associate member of the AER and subscription fee payable annually is €3,513. However by being an associate member they have no voting rights. The AER co-operates with the Committee of the Regions (CoR) and the Congress of Local and Regional Authorities of Europe (CLRAE), which are consultative bodies of local and regional authorities to the European Union and the Council of Europe respectively.
Their delegates are nominated by national governments and their competencies are defined by European treaties and international agreements. The AER has observer-status within the CLRAE, CoR and CLRAE representatives are members of the AER Bureau.
-------------------------------------------------
Michael McNamara,
Senior Executive Officer,
Corporate Services.

County Council Meeting March 06
PUBLIC/EMPLOYEE LIABILITY CLAIMS.

.
“I request a case by case listing of all public liability and employee liability claims lodged, settled or in process against Clare County Council for the year 2003 and 2004. Reply to detail the amount sought and amount received (if any), and legal costs (if any) in each case.”
Mr. Niall Barrett, Head of Finance replied as follows:-
The table attached sets out the position on insurance claims.
26
Public Liability and Employers Liability Claims - 2003 and 2004 Summary

Claims Arrising No Of Cases Claimed amount € No Of Cases Settlement amount € Legal Costs € Total
€
2003 Public Liability Claims property Specified Claim Amount 58 43602 13 1057 748 10805
2003 Claim Amount Not Specified 4
2003 Personal Injury
Specified Claim Amount 17 1 16200 3333 19533
Subtotal public Liability 79 43602 14 26257 4081 30338
Employers Liability Claims personal injury claim amount specified 2 77 2 77 77
Claim amount not specified 2 1 90000 90000
Subtotal Employers Liability 4 77 1 90077 90077
2003 0verall totlal 83 43679 17 116334 4081 120415

2004 Public Liability Claims property specified claim amount 49 16619 12 5998 5998
Claim amount not specified 10 1 843 197 1040
Personal injury claim amount specified
Claim amount not specified 16
Subtotal public Liability 75 16619 13 6841 197 7038
Employer liability Claims Personal Injury claim amount specified 1 126 1 126 126
Claim Amount not specified 2
Subtotal Employers Liability 3 126 1 126 0 126
2004 Overall Total 78 16745 14 6967 197 7164

Currently in Progress Public Liability 51 Employers Liability 6 Claims Settled 27
ITEM 27) AMOUNTS PAID TO CONSULTANTS.
Ar moladh Cllr. B. Meaney
Cuidithe ag Cllr. T. Brennan agus glacadh leis
“I request a detailed account of amounts paid by Clare County Council to consultants and services received from same for the years 2003 and 2004.”
DETAILED ANALYSIS OF 2004 ACTIVITY BY
SUPPLIER
SUPPLIER Consult
RPS MCOS LTD 847,276 engineering -water capital projects
JACOBS BABTIE 559,058 engineering - housing,roads & water capital projects
JOHN B BARRY & PARTNERS 321,826 engineering -water capital projects
PADDY BROWNE & CO AUCTIONEERS 317,522 auctioneering services
FEHILY TIMONEY & CO 317,103 engineering services - env capital projects
DERMOT & SEAN MERRY 283,638 architectural services housing and roads capital
RESPONSE ENGINEERING LTD 258,817 engineering -environmental capital projects
TOM MCNAMARA & PARTNERS 201,611 architectural services - housing capital projects
NOLAN RYAN PARTNERSHIP 200,024 architectural services - housing capital projects
WHITE YOUNG GREEN (IRL) 197,864 engineering services - housing and water capital
PATRICK J TOBIN & CO LTD 196,637 engineering services - water capital projects
OVE ARUP & PARTNERS IRL. 195,692 engineering services - Cliffs of Moher project
REDDY O'RIORDAN STAEHLI ARCHITECTS 195,053 architectural services - Cliffs of Moher project
JENNINGS & O DONOVAN & PARTNERS 188,096 engineering services - water capital
MURRAY OLAOIRE ARCHITECTS 156,286 architectural services - housing capital projects
B.T.DOYLE CHARTERED SURVEYOR 126,324 surveying - road capital projects
ROGERSON REDDAN & ASSOC. LTD. 121,475 architectural services - housing capital
NICHOLAS ODWYER & PARTNER 118,752 engineering services- water capital projects
BYRNE O DONNELL SCULLY ARCHITECTS 115,703 architectural services - housing
MARTELLO MEDIA LTD 92,081 Cliffs of Moher
PADDY COLEMAN & ASSOCIATES 79,713 architectural services - housing capital projects
E G PETTIT & COMPANY 77,198 engineering services - env capital projects
KENNEDY ASSOCIATES CONS.ENGINEERS 59,121 engineering services
PROJECT MANAGEMENT LTD 48,427 Cliffs of Moher
SIOBHAN MULCAHY ARCHITECT 45,940 architectural services - Tulla Stables
TOURISM DEVELOPMENT INTERNATIONAL 45,374
MICHAEL LEAHY & PAUL CONWAY 43,974
DE COURCY ESTATE AGENTS 43,787
MICHAEL PUNCH & PARTNERS 41,766
GLOVER SITE INVESTIGATIONS 41,009
DONAL FITZPATRICK 34,706
INK ARCHITECTS 34,635
TONY GEOGHEGAN & ASSOC. 33,422
PADDY VAUGHAN 29,515
FITZPATRICK & CO 24,306
CITY ANALYSTS LTD 22,709
JOHN CONAGHAN 20,510
PIERCE MCGANN & CO CONSULTING 20,501
M.W.M. ASSOC. LTD 19,909
FUGRO ENGINEERING SERVICES LTD 17,235
SHERRY FITZGERALD MCMAHON 17,096
DR CONOR FANNING 16,830
ELAINE KEEGAN 16,666
TIROS RESOURCES LTD 16,335
LA TOUCHE BOND SOLON 15,524
EDWARD J BOLGER & ASSOC. 14,382
STAVELEY AND PARTNERS 13,938
MALACHY WALSH & PARTNERS 13,462
MOLONEY & ASSOCIATES 13,044
KEVIN CLEARY & ASSOC LTD 12,875
PATRICK MOLLOY AND PARTNERS 12,100
GEOTECH SPECALISTS LTD 11,879
BOREHAM CONSULTING ENGINEERS 11,763
NIFAST 11,760
COSTELLOE ESTATE AGENTS VALUERS 11,465
ANNE JONES MEDIA & COMMUNICATIONS 11,067
OVE ARUP & PARTNERS IRL. CONS.ENG. 10,137
DR. FIDELMA MULLANE 10,000
FARM BUSINESS ADVISERS LTD 9,446
COLIN BUCHANAN & PARTNERS 7,846
COMMUNITY ASSEMBLY ( RAPID ) 7,356
CAIMIN JONES COMMUNICATIONS 7,108
ZENITH LAND SURVEYS 6,958
FINBAR PIGOTT & PARTNERS 6,670
HYDRO ENVIRONMENTAL LTD 6,655
ZENITY LAND SURVEYS 6,655
CONOR CONNOLLY 5,871
RAINER KOSBI 5,764
DR BRENDAN DUNFORD 5,663
PETER FITZPATRICK & CO . 5,445
MS.FREDDIE OMAHONY 4,855
TMS CONSULTANCY 4,675
OPERATIVE TRAINING SERVICES 4,675
MAJELLA PERRY 4,645
SLATTERY & CO CHARTERED ACCOUNTANT 3,987
EITHNE GLEESON 3,809
LEYDEN AUCTIONEERS 3,656
MENTEC LTD 3,506
AWN CONSULTING LTD 3,388
PH MCCARTHY & PARTNERS 3,340
HEMPENSTALL SURVEY 2,529
TCPSS SERVICES LTD 2,255
CAMPBELL CONSULTANCY & ACC.SERV.LTD 2,180
PATRICIA CALLALLY 2,161
P.E. THORNE 2,109
SEAN RUTH & ASSOC. TRAINING & DEVEL . 1,820
WARREN & PARTNERS 1,815
HASSETT LEYDEN & ASSOC ARCHITECT 1,703
FOUREM 1,597
EMC SURVEYS 1,513
PRICEWATERHOUSE COOPERS 1,452
TIPPERARY RURAL & BUSINESS 1,452
HARRY BRANN IPAV 1,400
ED BUTLER GRAPHIC DESIGNER 1,368
ICS SKILLS 1,367
POLARIS HR LTD 1,351
THE GROWTH INSTITUTE 1,300
WATER SERVICES TRAINING GROUP 1,180
M V OHALLOLLORAN & SONS 1,000
LEONIE HUSSEY - OBRIEN 978
ASSOCIATION OF HUMAN RESOURCE SERV. 913
COASTAL ENGINEERING COURSE 908
HUTCH HOLLYWOOD CONSULTING 886
COLLERAN MCMAHON AUCTIONEERS 832
JUAN SANCHEZ GILL 825
ACTON DETECTIVE AGENCY 774
SIOBHAN MULCAHY 750
PATRICK MORAN 750
I A C T 695
T.E. LABORATORIES LTD 678
RICHARD WEBB & ASSOC. 620
EXCELLENCE IRELAND 590
SUSAN GRAHAM 500
NEIL HARAN 475
DR SCOTT A SMITH 400
DR JOHN ODONOGHUE 400
MDA CONSULT 250
DR.MARIE FINN 245
DR DERMOT BOYLE 245
DR RORY O KEFFEE 240
IPCA LTD 190
DR E CHARLES NELSON 75
6,201,658

Local area Meeting Motions March 06

6. Notice of Motion submitted by Cllr. B. Meaney:-
“I request an update on progress in completion of the road improvements
at the Showgrounds Road, Ennis and request a report on delays and
possible finish date”.
Tom Tiernan, Town Engineer replied as follows:
A considerable delay has been incurred in relation to this project because of
difficulties which arose in relation to agreements previously made with two local
property owners. One of the difficulties which arose related to the fact that the
original agreement dated from the late 1970’s and one of the parties to that
agreement is since deceased. The other difficulty arose because of erroneous
information provided to the Council in relation to another agreement. One of
these issues is now fully resolved and the other is substantially resolved with
expectation at this stage that it would be possible to resume works on the site
within a matter of weeks. Once works do resume on the site, it is anticipated that
the project would be completed within two months.
Proposed by Cllr. B. Meaney
Seconded by Cllr. B. Hanrahan
7. Notice of Motion submitted by Cllr. B. Meaney:-
“Has Clare County Council/Ennis Town Council plans to purchase
amenity/community land in the Ennis area”.
Tom Tiernan, Town Engineer replied as follows:
The focus at present is on development/re-development of a number of significant sites under the Council’s control. These are strategically well spread
throughout the Ennis area and include
Lees Road: This has been a very successful endeavour since it was opened
for public use last June. Works are continuing within the 134 acre site and
mostly relate to passive amenity aspects at present. An application has been
submitted under the Sports Capital Grants Scheme for funding to facilitate
development of a synthetic running track and ancillary facilities. Submissions
regarding the prospective development of a skateboard park are due in
shortly. Cross-country running track improvements are being examined.
There is potential in this site to improve as an amenity facility for many years
ahead.
Ballybeg Woods: This will be a significant asset for the town and environs as
a passive amenity facility.
Ballyalla: Following a number of years when this asset was virtually unaccessible
for reasons outside the Council’s control, the facility is now being restored and improved.
Clarecastle: The development of a new amenity park in Clarecastle is
ongoing under the Urban and Village Renewal Scheme - this project should
be, to all intents and purposes, completed this year.
Doora: It is envisaged that the old landfill site will ultimately be developed for
amenity purposes mainly. An assessment of the timescale within which this
might be achievable is to get under way shortly - this is to a significant degree
dependent on the present intensity of gas emissions in the site and the period
over which such emissions would reduce to an acceptable level.
Tim Smyth Park: Work is getting under way at present to facilitate
development of a playing pitch at the southern end of the park.
Glenina: Amenity improvement works, both active and passive are to get
under way in the near future in this area - a significant area, which will have
direct benefit for Glenina, Ivy Hill, Corovorrin, the Gael Scoil, St. Clare’s
School etc.
Other: Significant amenity improvement works have been carried out and are
ongoing in R.A.P.I.D. areas throughout Ennis. Further improvements are
envisaged at Tim Smyth Park, Clonroad Park and Watery Road etc.
The fact that such a significant array of amenity development works are ongoing
in the area does not preclude the concept of the Council looking seriously at any
further amenity development opportunities which may arise.
Proposed by Cllr. B. Meaney
Seconded by Cllr. T. Brennan
8. Notice of Motion submitted by Cllr. B. Meaney:-
“I request an update for the members on the sewerage system and
connection at Silvergrove, Rockmount, Ennis”.
Tom Tiernan, Town Engineer replied as follows:

This is a sensitive issue, the resolution of which appears to be adversely affected
by disputes which arose among three separate developers (including the
Silvergrove developer) after planning permissions were granted. The sewerage
strategy pertaining to Silvergrove is dependent on infrastructure in the other two
private developments. Ultimately, it is a matter for the Silvergrove developer to
ensure that he has adequate and appropriate means of dealing with foul sewage
from his development and because he hasn’t done so, the Council is pursuing
the situation through the courts. Notwithstanding same, the Council is prepared
to give whatever assistance it can towards resolution of the issue via its powers
under the planning acts and is pursuing the matter also in this context.
Proposed by Cllr. B. Meaney
Seconded by Cllr. B. Hanrahan

County Council Meeting April 06
21. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“I request an up date from the Director of Service on progress to date and completion of temp treatment plant

I wish to reply as follows;
“To date this project has been progressing fairly satisfactorily. I can report that the membrane banks are due for delivery within a matter of days. The Civil Works Contractor has been on site for a number of weeks and his work is substantially complete. While it was intended that the plant would be commissioned on the 1st May, we are experiencing some delay on the delivery of the necessary
pumps. This is likely to delay the commissioning by not more than two weeks.”
T. Carey
_____________________________________
Tom Carey,
Director of Service & County Engineer.

County Council Meeting May 06

16. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“I wish the Director of Service to give a report on the interpretation of CDP 39 and if it is possible under the current plan for farm diversification to include sensitively and sustainable designed and serviced holiday/retreat type development in forested areas of the county not under development pressure.

I wish to reply to the notice of motion as follows:-
The County Development Plan 2005 policy CDP39 states that:
“The Planning Authority will give favourable consideration to proposals for
farm diversification where the proposed use is part of the overall management
of the farm.”
It is recognised in the Clare County Development Plan that farming has an
important role to play in the conservation of the rural landscape of the county.
With the on-going decline in agricultural practices, farming families are having
to look for alternatives to support their traditional sources of income and as
such farm diversification presents an opportunity through which this could be
achieved. Farm diversification also has the potential to contribute to an
integrated and co-ordinated tourism product.
CDP 39 relates to farm diversification in the context of the role agriculture has
in conservation and management of the rural landscape. The policy provides
for proposals for farm diversification to be considered favourably where the
proposed use forms part of the overall management of the farm.
To facilitate development proposals outside of settlement areas provision is
made within policy CDP32 for the use of existing houses for small scale
commercial visitor accommodation. CDP33 provides for commercial
redevelopment of derelict, vacant or redundant buildings to provide for visitor
accommodation and tourism development. CDP 38 provides for the reuse of
derelict or redundant farm buildings for tourism or other economic purposes.
In addition a limited amount of accommodation may be included in
association with small-scale tourism enterprises subject generally to the
renovation of existing structures and new build on a small scale.
The Planning Authority will also encourage the location and development of
facilities within settlements at an appropriate scale so as to retain a vibrancy
and sustainability of those settlements when such accommodation is not
occupied. Accordingly, lands have been zoned within settlements to facilitate
specifically the development of holiday homes where it has been identified
that there would be a demand for such development.
Mise, le meas
__________________________
Bernadette Kinsella
Director of Service
Economic Development & Planning.

29. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“Can the Council report on what byelaws if any a local authority can use to prohibitsmoking outside schools?”
I wish to reply as follows.
The “Smoke Free at Work” initiative was introduced under the Public
Health (Tobacco) Act 2002, Regulations 2003. Under these
Regulations, smoking is not permitted in enclosed places of work,
with certain exceptions. Enforcement is through inspections
undertaken by Environmental Health Officers and by Inspectors of the
Health and Safety Authority.
An outdoor smoking area can be provided at the discretion of the
employer and under the legislation an outdoor area is defined as:
“A place or premises, or part of a place or premises that is wholly
uncovered by any roof, fixed or mobile.
An outdoor place or premises, covered by a roof, as long as not
more than 50% of the perimeter is covered by a wall, windows,
gate (or similar).”
In relation to the issue raised in the motion and having regard to the
legislation, it is difficult to see how such a ban could be introduced
outside of schools in what are public, open areas. Practical issues
would arise in relation to any byelaw in terms of determining
definitively the extent of any area covered and the logistics of
undertaking such an extensive exercise for all schools in the County.
I would suggest that the issue raised in the motion might best be
addressed through a strong promotional campaign and information
awareness campaign directed at the targeted group outlining the
damaging effects of tobacco and second-hand smoke on individuals.
-------------------------------------------------
Gerard Dollard,
Director of Services.

Local Area Motions May 06

6. Notice of Motion submitted by Cllr. B. Meaney:-
“How many claims for Injury / damage, personal or other wise, directly related to horizontal speed ramps or other traffic control measures in the Ennis area, have Clare Co Co and Ennis Town Council received over the past five years. How many of these claims have been successful, how many went to court, how many current / pending”.
Tom Tiernan, Senior Engineer replied as follows:
I am aware of two relatively minor claims which were submitted around Christmas, 2005 following the construction of ramps at Turnpike Road which were inadvertently provided to a more elevated level than they should have been. The ramps have since been replaced. The claims are presently with the Council’s insurers and I would expect that resolution will be finalised shortly.
The only other claim that I am aware of arose from the fact that a ramp at Cloughleigh Road was installed at a more elevated level than it should have been approximately 3 years ago.
Again, this was a relatively minor claim and was handled between the plaintiff and the contractor who installed the ramp. The contractor rectified the situation on the ground immediately.
Proposed by Cllr. B. Meaney
Seconded by Cllr. S. Scanlon

7. Notice of Motion submitted by Cllr. B. Meaney:-
“Are there any plans for the provision of a child's play area at the lees rd Amenity”.
Tom Tiernan, Senior Engineer replied as follows:
There are no plans to provide such a facility at present.
Proposed by Cllr. B. Meaney
Seconded by Cllr. T. Brennan
8. Notice of Motion submitted by Cllr. B. Meaney:-
“I request an update for the provision of a plan to provide for footpath, green areas, extension of public lighting in Barefield village on the Rd from Considines pub to Trinaderry. (Ref. Motion 10 local area meeting March 04)”.
Hugh McGrath, Senior Executive Engineer replied as follows:
“Temporary reinstatement of this road (L-4158) has been carried out following a Group Water Scheme. At the end of the maintenance period Clare County Council will programme permanent reinstatement of the road at which time the issues referred to can be addressed subject to funding”.
Proposed by Cllr. B. Meaney
Seconded by Cllr. T. Brennan

County Council Meeting June 06

28. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“I request that Clare County Council allow Biodegradable Nappies into the Green/
composition waste stream”.

I wish to reply as follows:
The Council has checked with another local authority that operates a mixed green and food waste in-vessel composting facility. The advice to the Council is that biodegradable nappies are not considered suitable for this process.
According to the website of a major producer on the Irish market, the best biological treatment for biodegradable nappies is vermicomposting, i.e. breaking down of biowaste by earthworms. At domestic level householders can make their own vermicomposters, one of the main requirements for which is a large surface area.
The advantage of vermicomposting over conventional home composting is the
shorter time needed to produce the finished compost, which is a major consideration when used nappies are being added very frequently. The company’s nappies contain some plastics, but these are also claimed to be biodegradable. Biodegradable nappies, apart from any plastic parts, constitute biological waste which the EU Landfill Directive requires to be diverted as much as possible from landfill. Vermicomposting is a preferable option to landfilling for promoting their breakdown. Currently there are no central vermicomposting facilities in the Clare- Limerick-Kerry waste management region. When further biological treatment facilities are being considered for this region, this waste stream will have to be included in the consideration.
----------------------------------------
Gerard Dollard,
Director of Services.

30. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“I request the establishment of an agreed work procedure to ensure
communications from elected members are responded/ replied to”.

wish to reply as follows:
It is the policy of all Sections to respond as promptly as is possible to all
communications received from Elected Members. Obviously the nature of the query will determine how full a response can be given initially, but in cases where a full response might take some time to collate, staff would be expected to provide the Elected Member with an approximate time frame within which a full response could be expected to be available.
Sections are again being reminded to ensure that all communication from Elected
Members are responded to without delay.
____________________
Michael McNamara
Senior Executive Officer
Corporate Services

County Council Meeting July 06

20. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“Can the director of services outline procedure and circumstances in which Gama
received additional payments for work on the Ennis by pass under the heading of
‘labour laws’ and ‘lands made available’”.

I wish to reply as follows;
"Claims for payment under the terms of the contract were made by Gama
Strabag Construction Ltd on the N18 Ennis Bypass project. Their claims were
assessed by Clare County Council’s Engineer for the project, Jacobs Babtie
Ltd. Details are commercially sensitive pending negotiation of the final
account but no payments were made under the headings "labour laws" and
"lands made available". Jacobs Babtie Ltd, recommended that payment was
due to the Contractor principally on Price Variation arising from the increase
in the last two years in the price of Oil/Oil products, Bitumen and Steel.
Payment was also agreed for a number of scheme enhancements,
environmental mitigation measures and additional contract risks that were
transferred from the employer to the contractor."
W. Walsh
_____________________________________
Walter Walsh,
A/Director of Service & County Engineer.

27. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“How many housing developments of over four houses have been refused in
Clares towns and villages in the last year due to deficiencies in water and
sewerage services and in what towns and villages is there currently a
presumption against granting planning due to these deficiencies”.

wish to reply to the notice of motion as follows:-
The following is a breakdown of the number of housing developments of four
or more houses that have been refused in towns and villages in the last few
years due to deficiencies in water and sewerage services.
Year Number of Applications
2002 4
2003 4
2004 3
2005 10
It should be noted that the above data contains a number of planning
applications which relate to holiday homes/cottages within towns/villages
throughout the County. It should be further noted that in some instances
deficiencies in water and sewerage was not the sole reason for refusal; other
reasons for refusal were on public health grounds, design, policy, etc.
It is the policy of the Planning Authority to encourage development within
towns and villages throughout the County and to grant planning permission
where possible. Each planning application is assessed individually and
decided on its merit on a case by case basis. In considering proposals for
development, the Planning Authority will have regard to the Water Services
Investment Programme 2005-2007 to ensure development has access to a
safe and sufficient public water and sewerage infrastructure. The Planning
Authority will not normally permit developments which will put undue pressure
on limited infrastructural facilities or require an undue extension of such
facilities unless an immediate improvement in the provision of such services
is anticipated. The Councils Assessment of Needs (Water Services) will
identify the areas where the infrastructural investment and improvement is

required.
Mise, le meas,
_________________________________________
Bernadette Kinsella
Director of Service
Economic Development & Planning.

Ennis Local Area Meeting July 06

Notice of Motion submitted by Cllr. B. Meaney:-
“I request that Ennis Town Council/Clare County Council outline what options are
open to it to control unregulated Car Dealers in the Ennis Area”.
Mr. Tom Coughlan, Director of Service replied as follows:
“This matter was considered at the July meeting of Ennis Town Council and I attach for your information copy of a report which was circulated by the Town Council which outlines the options available to control regulated car dealers.
The report was adopted by Ennis Town Council and the actions set out in the report are now being implemented”. referred to Section 71 of the Roads Act and enquired if the Council can enforce this legislation in private housing estates. Mr. Tom Coughlan, Director of Service informed those present that the policy is encouragement and education and then enforcement. He stated that people have been requested to stop and now the Council has to adopt zero tolerance. He also stated that Section 71 of the Roads Act covers public roads so the Council
cannot enforce this legislation in private housing estates.
Proposed by Cllr. B. Meaney
Seconded by Cllr. J. Carey
6. Notice of motion submitted by Cllr. B. Meaney:-
“I request that Clare Count Council appraise and take charge of the Spancelhill/ Clooney Water Scheme All of the following will be available.
Site location map, Record drawings (as constructed) for the entire scheme indicating the exact location of all, fittings, valves, hydrants, stop-cock meters, identification and location of each connection off, the scheme, indicating whether or not such a connection is metered. A letter from the Group Secretary indicating the groups desire to be taken over by the County Council. Fully completed consent forms signed by each member of the group. Consent forms to be accompanied by a letter from the Group Secretary verifying that each member signed the consent form An assessment of the scheme prepared by the group schemes consulting engineer indicating the condition of the scheme, adequacy of supply from a quality and quantity standpoint, including the ability of the scheme to meet its customers and potential customers demands in the future (Old Schemes only) Payment of any outstanding water charges to the local Authority.
Minimum technical standards have to be achieved under a series of headings and this information will be provided once the group makes a formal application to have the scheme
taken in charge”.
Mr. Walter Walsh, Senior Engineer replied as follows:
“As soon as the application is made and the Council has an opportunity to examine all the information as set out in the Notice of Motion and is satisfied with this examination and the group is willing to carry out any remedial works which may be required following this examination, then there seems no reason why the scheme should not be taken in charge”.
Proposed by Cllr. B. Meaney
Seconded by Cllr. S. Scanlan
7. Notice of motion submitted by Cllr. B. Meaney:-
“I request that members be updated on the proposed extension to Ennis Town Boundary”.
Mr. Tom Coughlan, Director of Service replied as follows:
“The issue of a boundary extension is particularly complex due to the implications for both authorities involved. These implications include matters relating to housing, transport and infrastructure, planning, environment, staff, management, finance, and in fact all matters relating to local authorities. It has been agreed at Management Team level in the County Council that an internal management committee be established to consider these implications and work will commence after the holiday period to progress this matter”.
Cllr. B. Meaney stated that he was not happy with this response. He queried who would be represented on the Management Committee. Mr. Tom Coughlan, Director of Service stated that there would be implications for both authorities. He advised that it was discussed at a Management Team meeting and it was agreed that a high level group of officials return back with a detailed report, assessing implications, to Ennis Town Councillors and the Area Councillors. He stated that no boundaries had been drawn up yet and that it would be September before it would be decided.
Proposed by Cllr. B. Meaney
Seconded by Cllr. B. Hanrahan

County Council Meeting Sep 06

33. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney :-
“With reference to the findings of the recently published (July 06) Energy & Emissions Balance by the Limerick Clare energy agency I request that Clare County Council commits as a priority to encouraging more sustainable development through energy end use efficiency, and increasing the use of renewable energy, in all new building projects in its functional area.
I submit to the council a proposed wording for inclusion in the county development plan that has been used in a number of local area plans around the country.
Clare County Council will plan for an uncertain energy future by,
Encouraging responsible environmental management in construction
Promoting sustainable approaches to housing developments by spatial planning, layout, design and detailed specification
Ensuring high standards of energy efficiency in all housing developments under its remit, and encouraging developers, owners, and tenants to improve the environmental performance of the building stock, including the deployment of renewable energy
For housing, specifically applying an improvement of 60% relative to prevailing norms as represented by the Building Regulations Part L
For other buildings, specifically applying an improvement of 60% relative to prevailing norms as represented by the Building Regulations Part L
Anticipating the operational implementation of the EU Directive on the Energy
Performance of Buildings (EPBD) by encouraging the energy rating and labelling of building energy performance, so as to give visible recognition to such improvements. In pursuit of these targets, a strong menu of superior design and specification options will include the following:
Site layout and associated bio-climatic/ passive solar design measures
Enhanced levels of insulation in walls, roofs, floors, glazing and doors
Reduced uncontrolled air infiltration losses
Use of healthy and controllable ventilation systems
Heat recovery systems
Use of daylight
Water conservation measures
More sustainable building materials
Improved heat generation appliance efficiency, e.g. condensing boilers
Intelligent heating system configuration and time/ temperature/ zone/ function controls
Efficient provision of domestic hot water
Fuel switching to low or zero CO2 emitting fuels
Energy efficient lighting systems
Incorporation of renewable energy systems, e.g. active solar, heat pumps, biomass
Provision of appropriate group or district heating systems. In the case of non-domestic buildings, additional options include:
Heating, ventilation and air conditioning systems and controls
Electrical energy use including motive power
Efficient lighting systems and controls
Building Energy Management Systems
Occupancy controls
Monitoring and Targeting systems
Combined Heat and Power (CHP).
Other measures which can contribute to the energy efficiency and renewable energy targets can also be considered. This approach enables Clare County Council to adopt approaches which take account of site and applicant circumstances and constraints, and offers the flexibility to explore and employ
different mixes of options on a case by case basis, to maximise technical and economic feasibility”.

I wish to reply as follows:
The County Development Plan 2005 has advice in its Development Guidelines and Standards( Section 5 ) for the promotion of energy efficiency for the construction of buildings. The issues listed are guidelines only and Energy efficiency of buildings is not an issue normally addressed by Development Plans per se. Energy efficiency is an issue normally addressed by the Building
Regulations. The Clare County Development Plan 2005 is supportive of the move towards more efficient use of energy resources. The Clare Rural House Design Guide already contains information on “Construction Techniques and Energy Efficiency” and a checklist on “Energy and Environmental Sustainability”.
In the review of the Ennis and Environs and Kilrush Development Plans which will commence in 2006 the existing energy guidance may be expanded. o incorporate some of the issues raised by the motion.
Mise, le meas
_____________________________
Liam Conneally,
Senior Planner,
Economic Development & Planning.

36. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“That Clare County Council give consideration to amending the county development plan to allow planners the option of not applying the requirement of being a local rural person clause where it can be clearly demonstrated that the
The applicant had a valid planning permission on the site at the time of the introduction of the Clare County development plan in 1999 The applicant intends to use the development as primary residence and contribute to the local
area and community”.

I wish to reply as follows:
A planning permission has a life of 5 years. Any applicant/property owner who has not activated a planning permission obtained prior to 1999, has no legitimate claim to have such permission reinstated by virtue of an expired planning permission. Whilst the Planning and Development Act 2000 sets clear guidelines as to the life of a planningn permission i.e., 5 years, I believe that it was
the intention of the Houses of the Oireachtas to restrict the life of planning permissions, and to avoid extant permissions being granted ad finitum. Legally, a Planning Authority is restricted to making a planning application assessment on the basis of current develment plan policy.
Mise, le meas
_____________________________
Bernadette Kinsella,
Director of Service,
Economic Development & Planning.

Local Area Meeting Sep 06

9. Notices of motion submitted by Cllr. B. Meaney:-
”The Ennis local area members be given a full report of the contacts between
the HSE and Clare County Council/ Ennis Town Council relating to the Ennis
Town Council water supply. Report to include a detail of all sampling of the
water done since the installation of the filtration system and similar
comparison of sampling before the installation and commissioning of the
filtration system. Report to also include the specific concerns of the HSE on
why it will not remove the partial notice from Ennis Water Supply”.
Tom Tiernan, Acting Director of Service replied as follows:
The interim filtration system was commissioned on June 14th, 2006. Once
installed, it effectively became an additional stage in an existing treatment
process. Heretofore, the only treatment process incorporated was
fluoridation and chlorination, the latter being the sterilant which provided the
defense against any contamination in the raw water coming from the springs.
The interim filtration system is installed between the raw water source and
the chlorination process. In general terms therefore, water analysis
heretofore was carried out in two zones, that is in the raw water zone (before
chlorination) and post chlorination as the supply made its way to the
consumer. Since the installation of the filtration system, sampling/analysis
have been taking place in three zones, that is
Pre filtration (raw water)
Between filtration and chlorination and
Post chlorination as before.
The main outcomes from this sampling/analysis strategy to date have been
(1) No cryptosporidium has passed from the raw water through the
filtration system into the treated water.
(2) Only one coliform bacteria in one sample has passed from the raw
water through the filtration system but this was immediately dealt with
by chlorination before going into supply. It should be noted that
coliform levels in raw water can be several thousands.
(3) No E-Coli has passed from the raw water through the filtration system.
(4) The level of chlorine dosing has been reduced as a direct result of the
impact of the filtration system and, in turn, THM levels in the water
have reduced significantly.
A meeting took place between the Council and the HSE on Friday 1st inst., to
review the situation. While, arising from the foregoing it was agreed that the
process of restoring confidence in the supply was well advanced, it was also
considered that it would be prudent not to remove the limited precautionary
boil notice just yet for the following reasons
(1) The extended dry weather experienced since commissioning of the
new system were not varied enough to adequately test the system.
With increasing rainfall amounts, there will be increased variation in
the groundwater conditions, presenting additional loads to the system
and more varied raw water conditions
(2) Levels of cryptosporidium, clostridium perfringens and giardia tend to
occur in the raw water to a much lesser degree at this time of year
than at other times. However, an escalation of concentrations in this
regard would be expected from now on.
A further meeting will take place between the Council and the HSE towards
the end of September. While no absolute guarantee can ever be given in
relation to any public water supply, it is hoped that by the time the next
meeting takes place, confidence in the supply will be such that it would be
possible to completely remove the boil notice. This would depend on the
continuation of the good performance of the new plant, the occurrence of
appropriate meteorological conditions and the confirmation of drinking water
quality through our ongoing sampling/analysis strategy.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. J. Carey
10. Notice of motion submitted by Cllr. B. Meaney:-
“Taking note of the key recommendations in "Shannon International Airport in
open Skies" in the Mid-west Tourism & Economic Development Plan
published in June 06, the central location of Ennis in the Midwest region and
the need to promote a bias towards development in the regions, I request the
establishment of a working group made up of the key agencies in the Ennis
area to promote and make argument for the siting of a national conference
centre in the Ennis Area”.
The meeting agreed to the setting up of the working group.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. T. Brennan
11. Notice of motion submitted by Cllr. B. Meaney:-
“That a plan and proposed schedule for implementation for improvement
works on the road from Considines pub to Trinaderry in Barefield be drawn
up. Works to include landscaping of the area and a footpath”.
Declan O’Regan, Senior Executive Engineer, Ennis Electoral Area replied as
follows: This will be considered in the context of drawing up the Roads Programme for 2007/2008.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. T. Brennan

County Council Meeting October 06

37. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
As a matter of urgency I formally propose that this council undertake to seek responsibility for the Management of Shannon Airport.

39. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
I request this council write to all concerned demanding a review of the School Bus Catchment Areas

County Council Meeting November 06

35. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
That this council condemn the ongoing delay in the upgrading of the N85 and that a written update provided to the members on progress to date.

I wish to reply as follows;
“When the Ennis By-Pass was being designed, Clare County Council received approval
from the NRA to extend the appointment of the Consulting Engineers to include for
Route Selection for the N85 Improvement Scheme. This was on the basis that the
Western Relief portion of the Ennis By-Pass Scheme currently nearing completion is to
be designated as N85.
All of the prescribed Route Selection procedures were subsequently carried out including
a number of public consultations culminating in a draft Route Selection Report from the
Consultants which from a road safety, engineering, environmental and economic
viewpoint recommended the so-called Purple Route. This Route is essentially off-line
through Kilnamona and it is no secret that this particular aspect of the report did not find
favour in this chamber. In fact, a number of presentations were made to the Council and I
was requested to advise the National Roads Authority that the Elected Members were not
in agreement with the recommended route. As a result of the foregoing, the Route
Selection Report has not been finalised and submitted to the National Roads Authority so
essentially there is something of a stalemate. The NRA has made it clear to Clare County Council that the process i.e. Route Selection which was undertaken needs to be brought to a conclusion by the formal submission of a Route Selection Report. If I do make such a formal submission, I am cognisant that the report will contain a recommendation with which the members do not agree. The members will be aware that the most critically deficient section of the route in question is the first 2 km on the Ennis side. Last year I put forward a proposal to the Council suggesting that if the Council agreed to the Consultants recommendation, it would have the following advantages.
1. Planning Applications which cannot be processed currently due to lack of clarity
could be processed.
2. The project could be phased and prioritised to the extent that immediate funding
could be sought for the aforementioned critically deficient first section.
3. There are indications that funding would be available for smaller schemes on
National Secondary Roads such as this.
4. In the short to medium term, Clare County Council would seek to improve from a
road safety and pavement quality viewpoint the remainder of the section. This
improvement would be on-line. At the time I put forward this proposal and during the debate, it seemed to me that there was considerable support among the members for it. Ultimately, however, it was not adopted.
In the context of the current impasse, could I respectfully suggest that the members might
again consider this option. It has been made clear to me that funding for this route will
only be made available if closure can be brought to the Route Selection process which
means the formal submission of a Route Selection Report.
T. Carey
_____________________________________
Tom Carey,
Director of Service & County Engineer.

36. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
I request a report on the responsibilities and obligations of this council in the protection of public rights of way

Following consultation with the Council’s Solicitor I wish to reply as follows:-
The liabilities and responsibilities for the establishment, closure and protection of public rights of way is a complex matter involving a number of legal statues, and case law. Whereas the provisions of sections 206 to 208 of the Planning and Development Act 2000 prescribe the process for the creation of public rights of way and the Councils powers in respect of the maintenance of access to such thoroughfares so created, the provisions of sections 12 and 73 of the Roads Act 93 provide for the abandonment or extinguishment of public rights of ways. It should be noted that the creation, closure or abandonment of a public right of way is a reserved function of the members. The responsibility for maintenance of public rights of way other than those specifically created by the Council is not clearly defined save for those public rights of way which have been formally taken in charge by the Council in terms of Section 11 of the Roads Act 1993. Where public rights of way have not been taken in charge by the Council, there would appear to be no statutory responsibility on
the Council to maintain such access ways. The responsibility for the protection of public rights of way is clearly defined in legislation. Any person who obstructs, impedes or otherwise interferes with the public rights of way or destroys or damages a public right of way is committing an offence which may
be prosecuted by the Local Authority pursuant to Section 73 (10) of
the Roads Act 1993. Any person who obstructs a public right of way or interferes with same is committing a public nuisance which can be restrained by way of injunction. However civil proceedings to restrain the commission or continuance of a public nuisance or for its abatement can be brought only by the attorney general or with the consent of the attorney general in the name of the member of the public known as a realtor. Any person who suffers particular damage themselves by virtue of the obstruction of a right of way
may bring an action against the individual responsible for same.
The Council has an objective in the County Development Plan 2005
to:
Protect existing public rights of ways
Establish a schedule of existing rights of ways in the county and
record such rights of ways.
Assess the need for the provision of new rights of ways in the
light of the scheduled rights of ways including an evaluation of
long distance coastal footpaths.
The Council has also incorporated in the East and North Clare
Development Plans specific policies to encourage the retention,
and expansion of existing rights of way and the promotion of new
rights of ways. Such provision comprising Policies REC 7 to REC
10 provide for the proper sign posting and keeping free of
obstructions of any existing rights of way and the maintenance of
existing and development of new rights of way. While the County
Development Plan and Local Area plans seek to promote the
retention and development of public rights of ways for the general
good of the community, the Council has only limited powers to
enforce its objectives in respect of long established traditional rights
of ways which usually require a legal determination to be made, by
the courts, as to the status of such thoroughfares. It is not the
length of time for which the the access has been used which
determines the issue but rather whether there has been a
dedication of the land to the public use.
Mise le meas,
__________________
Bernadette Kinsella
Director of Services
Economic Development & Planning

Local Area Meetings November 06

11. Notice of Motion submitted by Cllr. B. Meaney:-
That this committee request and assist Shannon Development to introduce measures
to protect manufacturing industry at the Gort Road Industrial Estate.
Mr. Tom Coughlan, Director of Service replied as follows:
Enterprise Ireland takes over responsibility for indigenous industry in Clare and the
Mid West Region from Shannon Development on 1st January 2007. IDA Ireland will
be the agency responsible for overseas industry on the Gort Road Industrial Estate.
Clare County Council will work closely with both agencies to enhance and protect
enterprise activity at the Gort Road Industrial Estate. The Gort Road Industrial Estate
is zoned “Industrial” under the Ennis and Environs Development Plan 2003 and any
variation to that zoning would be considered by the elected member of both local
authorities. The issue of competitiveness of Irish manufacturing industry is now a key
concern, in particular the low cost base in non-Western European locations. The
Council is conscious of the need for diversification.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. T. Brennan.
12. Notice of Motion submitted by Cllr. B. Meaney:-
This Committee congratulate all involved in the success of the Lees Road Sports
Complex. We acknowledge the work accomplished to date and request an outline of plans for its future enhancement.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. T. Brennan.
The members all joined in congratulating all those involved in the success of the
Lees Road Sports Complex. An outline of the future plans was set out by Tom
Tiernan, Town Engineer.
13. Notice of Motion submitted by Cllr. B. Meaney:-
Taking note of the key recommendations in “Shannon International Airport in open
Skies” in the Mid-west Tourism & Economic Development Plan published in June 06,
the central location of Ennis in the Midwest region and the need to promote a bias
towards development in the regions, I request the establishment of a working group
made up of the key agencies in the Ennis area to promote and make argument for the
siting of a national conference centre in the Ennis Area. I request that this motion be
forwarded to Ennis Town Council, Clare County Council, Kilrush Town Council,
Shannon Town Commission and Kilkee Town Commission.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. J. Carey.
Tom Coughlan, Director of Service advised the meeting that he had spoken with
Brendan Lynch, Shannon Development with regard to the idea of a national
conference centre. He added that the project would be a huge undertaking, would
have to be approximately 50,000 minimum size seater and would cost between €50m and €80m. He added that the centre could not be a stand alone project but would have to have other facilities with it. Following discussion it was agreed to invite Mr. Brendan Lynch to the next meeting to have further debate on the proposed project.

County Council Meeting December 06

14. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“I request a detailed explanation on the ongoing problems in the water supply
serving the town of Ennis. Have the right decisions been made in relation to the
interim filtering? What is the opinion of Engineering Department as to when the
partial boil notice will be lifted? Has the investment to date in the interim plant
represented value for money given that it has never worked and can the full cost to date be detailed to the members?”

I wish to reply as follows: -
“The motions which have been put down by Councillors Meaney and Carey are
broadly similar so my reply is intended to address the questions raised in both
motions. The current boil notice was put in place on Friday, November 24th, following the emergence of analysis on a single water sample which showed a level of
cryptosporidium (2.11 oocysts per 10 litres of water) above the guide level (1 oocyst
per 10 litres of water). The plant had been out of operation for a number of days
because it had developed an inability to cope with the extreme weather conditions
which we have been experiencing over the past 2 months or so. The level of rainfall
intensity experienced this winter has not been experienced for many years – already
this year there have been 3 separate 24-hour periods when over 50mm or 2 inches of
rain fell. Since the plant ceased operation, its suppliers have been reviewing in detail
all aspects of its operation with a view to making whatever operational modifications
are necessary to adapt the system to the conditions it has to deal with. Some
significant progress was made in this regard and arising from same, the plant has
been back in operation since 1st inst., and is performing well.
The technology incorporated in the interim treatment facility is the correct and most
appropriate technology to deal with the quality problems associated with the Ennis
water supply. That was well established during the first two to three months of its
operation when it physically prevented all potentially harmful bacteria such as cryptosporidium, ecoli, etc., from entering the public supply and
it had the effect of reducing the level of chlorine dosage required to sterilise the
public water supply.
We feel that the modifications referred to above which have been made to the system
are a very significant step towards optimisation of plant performance. This in turn
should lead to the removal of the current boil notice in the near future – obviously,
this is a matter for the Council in association with the HSE – both bodies are
monitoring the situation on an ongoing basis.
The costs incurred by the Council to date are in the region of €690,000 – these costs
include delivery, installation and commissioning of the plant, associated civil works,
associated mechanical and electrical works, provision of power supply and other
infrastructural support and lease of the plant over the period whe n it was performing
satisfactorily. It is accepted that there is a significant loss of confidence in the Ennis
water supply and that the performance of the interim plant to date has done little to
eliminate this lack of confidence. I have no doubt that this was the best option
available as regards possibility of provision of an interim solution. Most treatment
plants require adjustment, modification etc., over time to facilitate the objective of
achieving optimum performance levels. This applies to a greater degree when the
plant is an interim plant which isn’t designed to cater for all of the characteristics of
the supply which the permanent plant ultimately will. As indicated above,
modifications recently made are now showing themselves in a very positive light and
genuine progress has been made. At this point, I would be hopeful that when the
permanent treatment plant is ultimately in place, the interim plant will have
demonstrated that it represented value for money.
Regarding the permanent solutio n, tenders were received from 3 pre-qualified
contractors for the design, construction and operation of full water treatment
facilities. Tender evaluation, which for this type of contract is an elaborate process,
is ongoing by the Consulting Engineers. The evaluation process encompasses
technical, legal and financial appraisals. This of necessity takes somewhat longer
than evaluation of traditional contracts. A recommendation regarding the
appointment of a contractor is expected in the new year with construction
commencement expected late Spring 2007.
Finally, with regard to Councillor Carey’s request for an update on the Ennis Water
Supply Augmentation Scheme, Phase I is being carried out in conjunction with the
Ennis By-Pass and is nearing completion. Clare County Council is currently
preparing a funding application in respect of Phase II which incorporates the
pumping station and reservoir as well as additional pipe network. We are actively
pursuing the necessary land acquisition.”
T. Carey
_____________________________________
Tom Carey,
Director of Service & County Engineer.

24. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“I request a report on the Clare Library Service with particular emphasis on activity’s including membership, new members, number of people using the service at each branch, what use they are making of the service, numbers using the IT facilities etc. etc. and what improvements are proposed at any of the locations over the coming years.”

I wish to reply as follows:
End of year figures are not available at present so the relevant details are given for
the period November, 2005 to October, 2006. The number of visits to all branches is
calculated at 500,000 per annum and each visit equates to one item being issued.
This clearly shows that a major proportion of our visits are for purposes other then
borrowing. This is a clear indication of a wide usage of our facilities for a whole
range of activities other than borrowing of items or use of the Internet facilities.
The online resources of the library via the library website continues to grow and now
stands at over 2 million visits. We do not calculate page impressions as we feel that
the individual visit, irrespective of how long a person is on the site or how many
pages he/she visits, gives us a more relevant idea of core usage. Recent significant
additions to include online maps (Grand Jury and Down Survey), the Michael John
Glynn photographic collection (courtesy of CLASP) and Literature of Clare.
Activities occur regularly throughout all our branch libraries and these are treated as
just a normal part of the service. The major events include Childrens Book Week,
Summer Reading Challenge, Heritage Week, Seachtain na Gaeilge and Literature
Promotion.
Plans for improved services include:
New public library at Scariff to be available Summer 2007.
Major revamp in Sweeney Memorial Library, Kilkee. The Library at Kilkee was
built in the 1950’s and is in need of repair and updating for the supply of modern
services.
Major revamp of the Gallery at de Valera Library.
New public library, local studies centre, reference centre, headquarters,
community and study facilities, parking etc. at a new location off Bank Place,
Ennis. This is a major initiative that will be a landmark building and will set the
scene for the future in the same way that the de Valera Library did over thirty
years ago.
Introduction of security system into the Sean Lemass Library at Shannon, that
will allow the phased implementation of new services eg. music and films.
ISSUES NOV 05 - OCT 06
De Valera, Ennis 141745
Corofin 5698
Tulla 20972
Shannon 39375
Newmarket-on-Fergus 12081
Sixmilebridge 27438
Killaloe 32555
Scariff 10711
Kilrush 41758
Kilkee 20233
Kilmihil 6028
Kildysart 9718
Ennistymon 39209
Miltown Malbay 23620
Lisdoonvarna 7468
Cranny Virtual Library 152
TALIS WEB 6878
TOTAL 445639
REGISTRATIONS NOV 05 - OCT06
ADULT JUV TOT
De Valera, Ennis 4225 2030 6255
Corofin 98 104 202
Tulla 269 346 615
Shannon 1309 581 1890
Newmarket-on-Fergus 329 184 513
Sixmilebridge 515 442 957
Killaloe 699 537 1236
Scariff 196 195 391
Kilrush 755 370 1125
Kilkee 735 475 1210
Kilmihil 222 149 371
Kildysart 220 121 341
Ennistymon 914 373 1287
Miltown Malbay 419 287 706
Lisdoonvarna 236 187 423
Cranny Virtual Library 33 33
TOTAL 11174 6381 17555
INTERNET USAGE
NOV 05 - OCT 06 Hours

De Valera, Ennis 33107
Corofin 1020
Tulla 1610
Shannon 21727
Newmarket-on-Fergus 2404
Sixmilebridge 3891
Killaloe 7639
Scariff 1639
Kilrush 13154
Kilkee 6505
Kilmihil 873
Kildysart 2476
Ennistymon 13966
Miltown Malbay 2333
Lisdoonvarna 635
Local Studies 384
Cranny Virtual Library 809
TOTAL 11417

Noel Crowley,
County Librarian.

County Council Meeting Jan 07
12. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
I request a report detailing the legislation (section and paragraph) including acts
of the Oireachtas and statuary instruments that this Council is required to comply
with in the drafting of development plans. What are the outcomes if policy
adopted by this Council does not have regard to the above.
I wish to reply to the notice of motion as follows: -
The legal basis for the process of making and adopting the development plan is
set out in the Planning and Development Act, 2000. The provisions of sections 9 to 12 of the Planning and Development Act 2000 inform and prescribe the obligations, duties, content, methodology, responsibilities and functions of the executive and members in the preparation and drafting of any Development Plan.
As requested by the member the key elements of the above provisions of the
Act are as inter alia follows:
Section 9(1)
“Every Planning Authority shall every 6 years make a Development Plan.
Section 9(6)
“A Development Plan shall in so far as is practicable be consistent with such
national plans, policies or strategies as the Minister determines relate to the
proper planning and sustainable development”
Section 10(1)
“A Development plan shall set out an overall strategy for the proper planning
and sustainable development of the area of the Development plan and shall
consist of a written statement and a plan or plans indicating the development
objectives for the area in question.”
Section 10(2)
Section 10(2) prescribes the content, which shall be included in any plan.
This provides, inter alia for the following:
The zoning of land, provision of infrastructure, Conservation and protection of
the environment, integration of the planning and sustainable development of
the area in terms of social, community and cultural requirements, the
preservation of landscapes, places of amenity, protection of structures and
areas of historical, cultural scientific, social or technical interest.
Section 10(3) to 10(5)
These sections provide for the development plan to consider the significant
effects of any development on the environment, and compliance with any
ministerial directives so issued.
Section 10 (8)
“There shall be no presumption in law that any land zoned in a particular
development plan (including a development plan that has been varied) shall
remain so zoned in any subsequent development plan”.
Section 12(11)
“In making a development plan the members shall be restricted to the proper
planning and development and sustainable development of the area to which
the development plan relates, the statutory obligations of the any local authority
in the area and any relevant policies or objectives for the time being of the
government or any Minister of the Government”.
Section 12 (14)
This section dictates that a planning authority shall make a plan within 2 years
of giving notice of the intention to make a plan under section 11(1) of the Act.
Section 12 (16)
A person shall not question the validity of the development plan by reason only
that the procedures as set out under subsections 3 to 5 of Section 11 and 1,
4,5,6,8 and 9 of section 12 were not completed within the time frames required
under the relevant section.
Section 28(1)
“The Minister may, at any time, issue guidelines to planning authorities
regarding any of their functions under this act and planning authorities shall
have regard to those guidelines in the performance of their functions”
Where a Planning Authority wishes to adopt a plan or any variations which are
not consistent with the Act, national, regional or other policy guidelines, issued
by the minister or competent authority, such plans shall be subject to the
provisions of Sections 28 to 31 of the Act.
In this regard the minister has wide powers to issue guidelines and directives.
The Minister has the following powers in terms of Sections 28 to 31 of the Act to
direct the Council as follows;
Section 28(1)
“The Minister may, at any time, issue guidelines to planning authorities
regarding any of their functions under this Act and planning authorities shall
have regard to those guidelines in the performance of their functions”.
The Minister for Environment, Heritage and Local Government at a meeting of
the Joint Oireachtas Committee held on the 18 October 2006 stated that:
“Guidelines are not merely guidelines; they are issued under section 28 of the
Act and they must be implemented. They are not discretionary. Local authorities
do not have the right to pick and choose which of the guidelines to implement.
When guidelines are issued they must be implemented.”
Section 29(1)
“The Minister may, from time to time, issue policy directives to planning
authorities regarding any of their functions under this act and planning
authorities shall comply with any such directives in the performance of their
functions.”
Section 31 (1)
“Where the Minster considers that any draft development plan fails to set out an
overall strategy for the proper planning and sustainable development of the
area of a planning authority, the Minister may, for stated reasons, direct the
authority to take such specified measures to ensure that the plan, when made is
in compliance with this act, and the authority shall comply with this direction”.
Section 31(4)
Neither the Manager nor elected members of any planning authority shall
exercise the powers in conflict with any direction, which the Minister may give
under this Act.
Each of the Clare development plans comply with the above legislation,
guidelines and government policy.
In answer to the second part of the motion I would refer you to Section 31 of
the 2000 Act, i.e. “Where the Minster considers that any draft development plan
fails to set out an overall strategy for the proper planning and sustainable
development of the area of a planning authority, the Minister may, for stated
reasons, direct the authority to take such specified measures to ensure that the
plan, when made is in compliance with this act, and the authority shall comply
with this direction”.
In April, 2006 the Minister for the Environment, Heritage and Local Government
published draft guidelines for local authorities to promote best practice in the
making of development plans. The making of any new development plan shall
have regard to such guidelines.
Mise, le meas
_______________________________
Liam Conneally
Senior Planner
Economic Development and Planning

16. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“I request a report detailing the leadership being displayed by this Council in
energy management having regard to space heating and Co2 production with
particular emphasis on the headquarters currently under construction. What
powers have the members of this Council to direct procurement policy on this
matter.”

I wish to reply as follows:
Clare County Council can justifiably claim a leading role in energy and emissions
management. Generally, through the following: -
1. The establishment of the Limerick Clare Energy Agency in 2005, without external funding
2. Clare Energy & Emissions Study, detailing the quantity of energy required in
County Clare and the environmental implications of inefficiency.
3. Clare Climate Change Strategy, which identifies a local (Clare) response to the
national Kyoto commitments and the key mechanisms to enable compliance.
4. Clare housing department design strategy, which sets standards of exceeding
compliance with the building regulations;
a. Building fabric will be at least 40% more energy efficient than building
regulations
b. Heating systems will be always incorporate time, temperature and zone
control irrespective of house size
c. Renewable energy technologies, (Solar, Wood, Geothermal, etc.) will be considered as “standard” rather than “pilot”
d. Building Energy Rating will be standard
5. Cooperation with the Corporate Services directorate on new building projects is
the norm.
6. Benchmarking of Water services
7. Energy audits of community facilities including leisure centres, schools & libraries
8. Electricity tariff analysis of Clare County Council accounts
8. Submission to national bodies on; Renewable Energy Exemptions (planning) ,
The Green Paper on Energy & The Climate Change Strategy
9. Promotion of energy awareness on Clare Fm radio programme “morning focus”,
with 3 prizes sponsored by Clare County Council
The overall approach to sustainable use of energy has been the subject of discussions at the Environmental and Emergency Services SPC. This subject will continue to form part of the work programme for the SPC so that appropriate policies can be put in place to increase awareness levels and cultivate a strong culture of sustainability and efficient energy management.
In Particular for the new County Council headquarter building now under construction: -
1. The building fabric will be insulated to almost (double the standard applying to
office buildings).
2. The glazing system will incorporate anti glare and solar reflection to reduce the
need for cooling in summer
3. Glazing has been optimised to facilitate natural day lighting and reduce electric
load
4. Lighting systems will have time, presence and photo cell control
4. Space heating is designed as Wood chip (Biomass) boiler (350 kW) with natural
gas boiler as back up.
5. There will be 19 heating zones all with time and temperature control for optimum
efficiency
7. Hot water services will generally be served by Solar thermal panels
8. The building energy calculations are 49% below a typical office building of this
type (120 kWh / m2 / yr)
9. The CO2 emissions are calculated to be 70% below a typical office building of
this type (42 kg CO2 / m2 / yr)
10. The reduced emission of CO2 is based on the use of wood chip from local
forests.
11. A detailed Energy Audit has been undertaken for the Building, and is being
continually reviewed.
Ger Dollard, Director of Services
David Timlin, Director of Services

January Local area Meeting
14. Notice of motion submitted by Cllr. B. Meaney:-
That Ennis Town Council consider the use of rubber foot paths in particular on routes with trees growing close by such as the foot paths in the vicinity of the park in front of Ennis Court house.
Tom Tiernan, Town Engineer, Ennis Town Council replied as follows:
While such a proposal may have some merit in certain circumstances such as in the
event of pedestrians falling on them, provision of rubber footpaths would not be
practical in that they would be extremely expensive, they would lack the required
level of durability and could, for various reasons, become a safety hazard within a
relatively short period of time. I wouldn’t recommend such a strategy.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. T. Brennan
15. Notice of motion submitted by Cllr. B. Meaney:-
That Disabled parking be provided for in the Bindon Street Area of the Town.
Tom Tiernan, Town Engineer, Ennis Town Council replied as follows:
Three parking bays to facilitate disabled drivers are already provided in the Bindon
Street area.
• On Bindon Street near O’Connell Square.
• On Bindon Lane and
• In Bank Place adjacent to junction with Bindon Street.
The number of such spaces in the area is therefore above the number which one
would expect given the total extent of parking facilities available in the vicinity.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. T. Brennan
16. Notice of motion submitted by Cllr. B. Meaney:-
I ask for an update on the provision of cycle paths in Ennis.
Tom Tiernan, Town Engineer, Ennis Town Council replied as follows:
A Part 8 process was completed in 2006 to facilitate provision of cycle paths along
both sides of the Tulla Road from the Railway Bridge to Ballymacahill. Provision of
these facilities during 2007 is a priority - some advance works are required, the main
components of which are completion of upgrading of an existing sewer at the western
end and some road surface upgrading.
Tenders have recently been received regarding the proposed upgrading of Drumcliff
Road from the Lahinch Road to Drumcliff Cross. It is expected that a contractor will
shortly be appointed - a cycle lane will be incorporated along the entire length of this
route.
A cycle strategy was recently presented to the Transportation and Infrastructure SPC.
Arising from same, a public consultation process is to commence shortly so that views
of the general public in relation to the strategy can be taken on board.
Proposed by: Cllr. B. Meaney
Seconded by Cllr. T. Brennan
17. Any Other Business.
Cllr. B. Meaney referred to the lack of signage at Inch Bridge. Mr. Declan O’Regan
stated that he would have a look at same.

County Council Meeting Feb 07
29. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“I request as a matter of urgency that Clare County Council comply with its
requirements under Directive 2003/4/EC regarding public access to environmental
information, specifically as detailed in article 7 paragraph 2. Is the County Manager
satisfied that facilities in the new Council offices will provide for such compliance.”
I wish to reply as follows.
Directive 2003/4/EC replaced Directive 90/313/EC. The old directive was transposed into Irish law by the European Communities Act 1972 (Access to Information on the Environment) Regulations made in 1998. The new directive was to have been transposed by member states by 14th Feb 2005. The IPA’s EU information office has told us that regulations to transpose it into Irish law
are currently under preparation and are likely to be made by the Minister in the near future. In the meantime the 1998 regulations remain in force. Article 7 of 2003/4/EC sets out the requirement on public authorities to disseminate environmental information, as distinct from article 2 which is about responding to requests for information. Paragraph 2 of article 7 sets out the subject matters which the article covers, i.e.:
Local, national & EU legislation, & international treaties & agreements, on the environment
Policies, plans & programmes relating to the environment
Progress reports on implementation of the above
Regular reports (as specified by paragraph 3 of article 7) on the state of the environment
Data on monitoring of activities likely to affect the environment
Authorisations with significant effect on the environment or on environmental agreements EISs and risk assessments
In Directive 2003/4/EC there is a correlation table which states that Article 7 paragraphs 1 to 6 are equivalent to Article 7 of 90/313/EC. However the old directive is not as detailed as the new one, and the 1998 Irish regulations likewise do not contain the same level of detail. It is likely that the new regulations will be in force by the time the new Council Headquarters is ready for occupation. The details of how information will be provided to the public in the new offices have not yet been finalised, but in determining how environmental information is to be provided (both through response to requests and through general dissemination) the requirements of the new regulations will be provided for. In the meantime, the Council will continue to comply with the current regulations, and the new ones if made in the near future, in regard to provision of information on request. Regarding dissemination of information, the Council will review its means of doing so under the various headings listed above, in anticipation of the new regulations.
------------------Ger Dollard-------------------------------

March 07 Meeting Chair

March 07 Local area Meeting Motions
10. Notice of motion submitted by Cllr. B. Meaney :
“That this committee request directly or through Clare County Council and
Ennis Town Council an assessment and plan for education in the Ennis and
Environs area. Templates for this report include
1/ Report undertaken by the commission on School Accommodation for the
Mountmellick and Mountrath area development plan.
2/ Kildare County Development Board Education Audit 2006.”
Mr. Tom Coughlan, Director of Service replied as follows:
As you are aware, the Department of Education and Science is responsible for the
delivery of education services. The Local Authorities are responsible for the
preparation of Development Plans and for processing planning applications in
respect of school facilities.
In the current Ennis & Environs Development Plan there is provision for the development of a
school at Roslevan and the relocation of Cloughleigh National School. Both of these
objectives are being actively pursued. A variation to the Development Plan was recently
approved which will allow for the relocation of Ennis National School. A planning
application in respect of this development is anticipated.
Should this Motion be adopted by this Committee and subsequently by the County
Council I can arrange for the request to be submitted to the Department of
Education and Science for consideration.

Proposed by: Cllr. B. Meaney
Seconded by: Cllr. T. Brennan
11. Notice of motion submitted by Cllr. B. Meaney:-
“What assistance can Ennis Town Council and Clare County Council give
towards the establishment of a community elderly day care centre in Ennis.”
Mr. Tom Coughlan, Director of Service replied as follows:
Day Care facilities for the elderly has received significant consideration by
Ennis Town Council in recent months. Facilities are currently provided in the
Community Centre in Chapel Lane by the Church Authorities. Members of
Ennis Town Council expressed concern that the Community Centre may be
closed some time in the future.
I have discussed this matter with Church Authorities who have advised me
that facilities will continue to be available in the future. A meeting between
the Elected Members and Church Authorities will take place to clarify the
situation. I have advised the Church Authorities that the Local Authorities
would welcome the opportunity to work in partnership with them to ensure
adequate facilities exist for the elderly people in Ennis.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. T. Brennan
12. Notice of motion submitted by Cllr. B. Meaney:-
“This Committee agree that no more development take place on flood plains
in the Ennis area.”
Mr. Tom Coughlan, Director of Service replied as follows:
This matter is primarily a land use issue and should be considered in the context of
the review of the Ennis and Environs Development Plan. I have requested the
officials who are leading the review of the Plan to ensure that this Committee is fully
advised and consulted in relation to the review.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. T. Brennan

April 07 Meeting Chair

April 07 Local Area Meeting Motions
18. Notice of Motion submitted by Cllr. B. Meaney:-
I request an update on progress to date on the Skate Park at Lee’s Road, Ennis and a possible opening date.
Mr. Eddie Power, Town Clerk, Ennis Town Council replied as follows:
A Contractor has been appointed and is on site at this stage. The project is under construction at present. It is expected that the stakeboard park will be completed by the end of May 2007.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. P. Daly

19. Notice of Motion submitted by Cllr. B. Meaney:-
I request update on the proposed road closure on the Tulla Road.
Mr. Declan O’Regan, Senior Executive Engineer replied as follows:
Coras Iompar Eireann had difficulties at the last minute with the developers proposed construction method and Road Closure has been deferred until these matters are resolved.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. P. Daly

May 07
Meeting Chair

Clare County Council Meeting June 07
24. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:

“I ask that the “abnormal” load policy of this Council be outlined to the members. Is the
County Manager happy with this policy and how does this policy compare with the
procedure and cost applied in other local authority areas.
Mr. Tom Carey, Director of Service and County Engineer replied as follows:
“Abnormal Load Permits are required when a vehicle contravenes Regulation 59 of the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 2003 as set out by the Department of the Environment and Local Government.
A vehicle is considered oversize when it exceeds any of the following;
Width > 2.55m
Length > 16.50m
Weight > 44,000 kg
Height > 4.25m
The fees charged by Clare County Council for an Abnormal Load Permit are as follows;
Single Return Load = €78
Six Month Permit = €505
The above fees are applicable since 1st May 2007. The fees prior to this date were;
Single Return Load = €68
Six Month Permit = €440
The fees charged by neighbouring County Councils range from €45 to €85 for a Single Return Load
and €300 to €450 for a Six Month Permit”. At the meeting Cllr. Meaney referred to fees charged by other local authorities which he stated were
less than the fees charged by Clare County Council. Tom Carey, Director of Service stated that he would favour a regional approach on this issue and that the S.P.C. would look at the matter further.

25. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:
“ I request an up date on progress with western relief road, proposed inner relief road and the connection with the Tulla road and Ennis Bypass.

Mr. Tom Carey, Director of Service and County Engineer replied as follows:
“In relation to the western relief road; this section of the N18 Ennis bypass project is well behind schedule. The current expected completion date for the section from Clareabbey to Claureen is around the end of June. The contractor is aware that Clare County Council is unhappy with this delayed completion, but he is putting the appropriate level of resources into its completion at this stage.
The connection of the Tulla Road into the N18 Ennis bypass will be complete once completion of the whole of the works is finished. Once again this section of the N18 Ennis bypass project is well behind schedule. The current expected completion date for whole of the works is around the end of August. The contractor is aware that Clare County Council is unhappy with this delayed completion, but he is putting the appropriate level of resources into its completion at this stage”.

County Council Meeting July 07

30. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:
I request that this Council fund a feasibility study into the building of an off shore reef at Lahinch as a coastal protection measure, protecting bathing areas and enhance the resorts appeal to surfers.
I wish to reply as follows;
“The matter of providing a reef below the H.W.M. comes under the jurisdiction of the Dept.
of Marine etc. as they are the State Agency for managing this area. The cost of carrying out a
feasibility study would be in the region of €100,000 and the actual cost of providing a reef
could be very prohibitive possibly in the region of €10 m depending on the length required.”
_______________________________
Walter Walsh,
A/Director of Service.

July 07 Local Area Meeting Motions
Notice of Motion submitted by Cllr. B. Meaney:-
I request that this committee ensure that safe pedestrian access across
junction on the N85, Western Relief Road.
Mr. Declan O’Regan, Senior Executive Engineer replied as follows:
The construction of the N18 Western Relief Road is outside the control of
the Ennis Electoral Area Office. Concerns in this regard should be brought
to the attention of the N.R.A. through the Councils representative for this
contract.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. T. Brennan

11. Notice of Motion submitted by Cllr. B. Meaney:-
That this committee request Ennis Town Council and Clare County
Council provide for a study to assess feasibility of developing a municipal,
motor home/caravan rest area in the Ennis and Environs area.
Mr. Declan O’Regan, Senior Executive Engineer replied as follows:
This is a matter for the Ennis Electoral Committee to make this request if
they so decide.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. B. Hanrahan
It was agreed that this matter would be looked at further during the review
process of the Ennis & Environs Development Plan.

12. Notice of Motion submitted by Cllr. B. Meaney:-
I request an update on plans to develop the site of the Drumbiggle Flats.
Mr. Declan O’Regan, Senior Executive Engineer replied as follows:
This is a privately owned site and any plans for this site will in due course
have to be submitted to the Planning Authority, at which time submissions
on same can be made.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. T. Brennan

Clare County Council Meeting November 07
23. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:
“I request Clare County Council to make its buildings institutions available for the
provision of wireless broadband”.

I wish to reply as follows:
Clare County Council facillitates the provision of wireless broadband through making
its building institutions available where ever possible. To date we are facilitating a
number of providers throughout the county in this manner. A nominal fee applies for
this facility. In availing of these facilities the providers must enter a concession
licence with Clare Co Co and adhere to the terms and conditions setout there in. This
agreement is reviewed on a annual basis.
________________________
Urban McMahon,
Head of Information Systems

40. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:
“I ask that this Council request the Minister for Environment, Heritage and Local
Government to give greater consideration to applicants with science based
qualifications when establishing qualifications for posts in the Management
structure of Local Authorities.”

I wish to reply as follows:
The Local Authority is required to refer all senior management position vacancies to
the PAS; Public Appointments Service (formerly LAC) to conduct recruitment. In all
instances positions are open to science based graduates to submit an application.
All middle management vacancies are filled through nationally agreed recruitment
procedures and also provide the opportunity for science based graduates to apply.
Presently all science qualified positions are filled in Clare Local Authorities involving
chemist, scientist and scientific technicians posts.
________________________
Bernadette Kinsella
Director of Service
Human Resources Department

November 07 Local area Motions

7. Notice of Motion submitted by Cllr. B. Meaney:-
“I request that the Sculpture of “Icarus” be placed as a distinctive landmark on one of the new Roundabouts in the Ennis Area.”
Mr. Tom Tiernan, Town Engineer, replied as follows:
The matter of a new site for Icarus is at present being considered by Ennis Town
Councillors.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. T. Brennan
8. Notice of Motion submitted by Cllr. B. Meaney:-
“I ask that this committee in conjunction with Ennis Town Council and all other relevant bodies, seek measures to expedite a Bus Shelter on Friary walk in Ennis.”
Mr. Tom Tiernan, Town Engineer replied as follows:
Earlier this year, the concept of provision of a bus stop and shelter as well as a pedestrian crossing at Friar’s Walk was the subject of a Part 8 public consultation process which was approved by Ennis Town Council. The associated construction works will be part of a contract which will incorporate a number of other projects at various locations in town such as traffic calming, provision of other pedestrian crossings, footpath upgrade works, etc.
The up to date position is that the tender documents pertaining to same are almost
completed and tenders will be invited within the next couple of weeks or so. I expect that implementation of the project will proceed in early 2008.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. T. Brennan
9. Notice of Motion submitted by Cllr. B. Meaney:-
“What plans are in place for the future promotion of the excellent facilities at the Lees Road Complex.”
Mr. Tom Tiernan, Town Engineer replied as follows:
The new complex manager has recently taken up duty at Lees Road and this in itself is very positive in terms of promotion of the facility. In addition, the development of additional facilities, as currently planned, will serve to enhance the profile of the complex very significantly. The up to date position in relation to development of additional facilities is as
follows
• The new skatepark has been up and running since earlier this year.
• Tenders have been received in respect of the proposed synthetic running track and
ancillary facilities and a contractor has been selected. The construction of this won’t
commence until late Spring, 2008 due to the fact that the new running track surface
cannot be applied during winter months for technical reasons and the temporary car
park which is located on part of the running track site is required to facilitate the
development’s requirements over the coming winter. The new running track should be
operational by mid Summer 2008. 64
• Design work is presently underway in relation to the development of a new car park and additional building accommodation which would provide storage facilities for
equipment associated with the running track and also multi-purpose accommodation to cater for coaching, lectures, etc. The planning process pertaining to these elements will get under way within the next 6 weeks or so and development works will proceed in 2008.
• The proposed augmentation of the cross-country running track will proceed during
2008 in association with the other elements referred to above.
(The Town Clerk may have something to add to the foregoing in relation to promotional matters).
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. T. Brennan

County Council Meeting Jan 08
15. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:
“I propose that this Council confine access to the non public sections of the planning offices to Staff and Members of the Planning Authority.”

I wish to reply as follows:
Access to the non-public area of the Planning Section will not be available to the general
public. The public counter for the planning section in the new HQ is located immediately inside the front door of the new building for ease of access by the public wishing to attend at the Planning Section while a number of meeting rooms are also available in that Section to facilitate meetings with the relevant personnel in the planning department.
A protocol is being discussed with the C.P.G. in relation to access for elected members in
the planning section.
____________________
Michael McNamara
Senior Executive Officer
Corporate Services

31. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney: 4
That this Council request the Department of Environment to introduce equitable water charging promoting best practice and water conservation.

Clare County Council Meeting Feburary 08

33. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
I ask this Council to send the motion below as resolved on the 25th of June 1920 to the Ministers for Environment and Finance reminding them of the commitment this Council has made to "give effect to all decrees" of the Dail and request that the Dail allow this Council the means to properly fulfil that commitment.
"That this Council of the elected representatives of the County of Clare at a duly convened meeting hereby acknowledges the authority of Dail Eireann as a duly elected Government of the Irish people and undertakes to give effect to all decrees duly promulgated by the said Dail Eireann in so far as same affect this council. That copies of this resolution be forwarded to the republican Minister for Foreign affairs for transmission to the Governments of Europe and to the President and
Chairman of the Senate and House of Representatives of the USA"
Signed by Cllrs, Hehir, Hogan, Murry, Scanlan, Nagle, JO Loughlen (Vice Chair), P O Loughlen,
Brennan (Chair), McGrath, O Mara, Wall, T McGrath, McMahon, O Connor, O Dwyre, Casey, Kelly
Kenny, Quin.

34. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
I request that Clare County Council seek an update on progress on the Ennis/ Athenry/ Galway section of the Western Rail Corridor including a date for commencement of a regular scheduled service.

Reply to Notices of Motion – No. 34 by Cllr. B. Meaney:-
“I request that Clare County Council seek an update on progress on the
Ennis/ Athenry/ Galway section of the Western Rail Corridor including a date
for commencement of a regular scheduled service.”
I wish to reply as follows:-
Iarnród Éireann has advised me that progress on Ennis/ Athenry/ Galway
section of the Western Rail Corridor is on schedule. Work is ongoing at the
Athenry end with 4km of track completed. Construction engineering work has
commenced and bridge repair crews are carrying out repairs to existing
bridges. Several new bridges will be constructed.
The project is on track to commence services in April 2009 servicing stations
at Athenry, Oranmore, Craughwell, Ardrahan, Gort, Ennis and Sixmilebridge.
It is proposed to run a daily service of seven journeys each way on the line.
_________________________________
Tom Coughlan,
Director of Services,
Community & Enterprise.

Clare County Council Meeting March 08

19. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“That this Council request by condition in planning grant that all new domestic and commercial development include grey and rainwater harvesting.”

I wish to reply as follows:
Grey water harvesting is the collection of non-potable rainwater water for re-use for
washing, flushing of toilets and garden use.
The power to attach conditions to permission is provided for under Section 34 of the
2000 Planning and Development Act, as amended. The Planning Authority, in
granting permission, is restricted to imposing conditions to those which come within
the remit of Section 34.
Notwithstanding the merits of recycling rainwater, it is considered that, due to the
restrictions of Section 34 of the Act, the Planning Authority is precluded from
imposing conditions which would have the general requirement to install
infrastructure for the collection of grey water and rainwater in all new domestic and
commercial developments.
_________________________
Brian McCarthy
A/Senior Planner

35. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
That this Council discuss and note the importance of the provisions of the Treaty of Lisbon.

Local Area Meeting March 08
8. Notice of Motion submitted by Cllr. B. Meaney:-
I ask that a survey be undertaken of all asbestos roofs in the Ennis area.
Cllr. B. Meaney advised the meeting that he had spoken with S. Ward, Senior Engineer,
Environment regarding this notice of motion and that he was advised that as there is a multi agency response required that the details will not be available until the next area meeting. It was also agreed that a complete survey would be undertaken of all asbestos roofs in the county.
9. Notice of Motion submitted by Cllr. B. Meaney:-
That this meeting request the N.R.A. to allow for defined pedestrian access across the junction of the N85 and N18
Mr. Donal Buckley, Senior Engineer replied as follows:
A meeting was held with Lucy Curtis, N.R.A. Road Safety Engineer at this location on Tuesday, 26th February and she has requested that a pedestrian count survey be carried out. This will be done in the next 2 weeks. Depending on the warrants being met, a submission will be made to the NRA for funding in 2008 for a zebra crossing at the western side
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. T. Brennan
At the meeting, it was agreed that all roundabouts in the Ennis Area would be looked at with a view to carrying out pedestrian count surveys on them.

10. Notice of Motion submitted by Cllr. B. Meaney:-
That this committee express its concern with the lack of progress with the upgrade to Ennis General Hospital.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. T. Brennan
At the meeting the Cathaoirleach, Cllr. T. Brennan advised those present that he had written to the H.S.E. on behalf of all the Mayors in the County and that he had got commitment from them that the development would be starting this year. He added that he would be writing again requesting a commencement date for the project

Clare County Council Meeting April 08
17. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“That this Council amend Clare County Development Plan to declare that applications to establish fur farms including Mink and Fox will not be considered in Clare.”

I wish to reply as follows:
A review of the current County Development Plan will commence in February
2009, which will provide a suitable opportunity for consideration of the
proposal.
_______________________________
Bernadette Kinsella
Director of Services

22. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“I request that “I plan” be made available on Clare County Council’s Web Site.

I wish to reply as follows:
I-Plan, the planning administration database is currently available on Clare
Co Council’s website. This system gives information to the public on the status
of applications, relevant decision dates and planners and personnel associated
with the applications. The mapping and certain photography is also available
online. The provision of all other associated documentation online is being
addressed at present and involves the implementation of the I-Docs Document
management system. This project is at an advanced stage and it is envisaged
that this information will be available through our website in August 08. This
information is currently available at the public access terminals in the
Councils H.Q. and our area offices.
_________________________
Urban McMahon
Head of Information Systems

Local Area May 08
18. Notice of Motion submitted by Cllr. B. Meaney:-
I request that a pedestrian crossing be installed across the N18 at the junction of Watery Road and College Road.
Mr. Declan O’Regan, Senior Executive Engineer replied as follows:
My personal view is that there is a low level of demand for this request since the
By–Pass opened. However I will refer the request to the Road Design team for their examination and recommendation.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. T. Brennan
19. Notice of Motion submitted by Cllr. B. Meaney:-
I request that the engineer with responsibility inform the Ennis Area Committee what is the average height above Malin datum the road network in the Bruach Na Habainn housing estate state on the Quin Road.
Mr. Declan O’Regan, Senior Executive Engineer replied as follows:
This request is one that I am not in a position to reply to as I have not the data available in my office. Either the Planning Section or the Housing Section would be in a better position to replyto this request.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. T. Brennan
20. Notice of Motion submitted by Cllr. B. Meaney:-
That this Committee request Clare County Council and Ennis Town Council provide the funding to improve facilities at the Dog Pound.
Mr. Ger Dollard, Director of Service replied as follows:

The current Dog Pound facility is located at the Industrial Estate on the Gort Road. This pound was purposely provided at this location some years ago and in the early years proved a very satisfactory facility.
It is clear that given the levels of activity at the pound and level of developments that have taken place in the vicinity of the pound, that the time is now appropriate to examine the future demands and requirements for this service. The Council currently has an arrangement with the I.S.P.C.A. to provide this service and we will enter into discussions with the I.S.P.C.A. to ascertain what improvements are necessary at the pound and could be implemented in the short to medium term.
Funding sources would have to be identified in respect of any improvement works that might be agreed.
Any improvements will obviously be undertaken in the context of deciding whether or not an alternative location is more suitable for the provision of a pound facility and this assessment will also be progressed in conjunction with the assessment of the current facility.
Proposed by: Cllr. B. Meaney
Seconded by: Cllr. T. Brennan
At the meeting it was suggested that the members of the Ennis Electoral Area Committee would visit the Dog Pound Facility in County Louth. Following discussion it was agreed that this suggestion would be referred to the Environment & Emergency Services S.P.C. for consideration.

County Council Meeting September 2008
55. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“I request that this council seek a commitment from Government on maintaining the schedule of completion of the Western Rail Corridor as outlined in Transport 21”.
56. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“I request that this council ask Dept of Transport to consider Regional tenders for the National Car Test when the current contract expires in 2010”.

County Council Meeting December 08

21. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“That development plan boundaries follow electoral area boundaries and request a map of the county defining areas that are not in local area development plans”.

I wish to reply as follows:
• The current County Development Plan covers all electoral areas of the County, save
for the Ennis and Environs and Kilrush Plan areas.
• The Kilrush and Ennis and Environs Development Plans do not follow the existing
electoral areas as depicted on the attached plan.
• The North Clare Local Area Plan follows the current North Clare electoral area,
whilst the West, East and South Electoral areas cross over the Local Area Plan
boundaries.
The attached Electoral Areas and Plan Boundaries as indicated on Map A identify the
current overlaps which occur between the existing electoral area and the respective plan areas, whilst Map B shows the future overlaps in terms of the proposed new electoral area boundaries due in 2009.
________________________
John Bradley
Acting Senior Planner

25. Curtha faoi bhráid na Comhairle ag Cllr. B. Meaney:-
“That appropriate applications in Ennis have proportionate entitlement to improvements under the recently announced Warmer Homes Scheme administered under Rural Resource Development”.