Month: November 2005

VANDALS and thugs who are causing late- night distress to residents in Kilrush council estates face eviction and exclusion if their anti-social behaviour continues.

Kilrush Town Council responded to ongoing problems in the town’s estates yesterday by launching the Tenancy Management Policy, including Combating Anti-Social behaviour. Ongoing problems in areas such as John Paul Estate, where people are leaving their homes in fear of vandalism and shootings, are to be addressed through the new policy.

A spokesperson said, ““While Kilrush Town Council recognises that the great majority of tenants and residents of council housing are aware of their obligations, a small number are involved in behaviour that causes their neigh- bours difficulty. Sanctions such as eviction or exclusion orders are available and the council is committed to using them.

County manager, Alec Fleming advised that the new policy sets out positive response pro- cedures for the management of tenancy and estate issues in the council’s housing stock. It encourages the establishment of residents’ as- sociations and aims to support them, and take measures against anti-social behaviour. The council has also vowed to record every com- plaint and respond within five working days. Town clerk, Fiona Mooney, stressed the confi- dentiality of the complaints procedure.

‘Kilrush Town Council is aware of the need for confidentiality, so this policy includes a confidential complaints system,” she said. “Senior staff will investigate all complaints and appropriate action will be taken where

breaches of tenancy are evident.”

The town council has also developed a two page brochure, “Together we can make it work’, incorporating a confidential com- plaints form. The Gardai and council will work together in the implementation of the complaints procedure. A series of open in-

formation sessions will be hosted by Kilrush Town Council and the Garda Superintendent to disseminate the procedures.

Meanwhile, John Paul Estate will feature in a

y

‘There is no doubt that the car-park is necessary as the current situation can be dangerous and inconven- ient. The challenge will be to ensure it doesn’t dis-

turb the unique character of the site, where its beauty is its remoteness”.

Clare Tourist Council spokesman, Paddy Maher, said, “The site is so special that it has to be managed properly, but a carpark is absolutely needed because of the dangerous situation of people coming out of buses on the roadside and clambering over walls. I believe that they have also chosen the correct site as it is a greenfield site and doesn’t interfere with the karst landscape”.

Currently, a herd of eco-friendly Government cat- tle is grazing the site in order to improve conserva- tion, as recommended in a management plan.

Dr Lynch has already confirmed that the cattle grazing “has had a very significant impact on the ecology of the site”.

The excavation of the site in 1986 was prompted by one of the slabs of limestone pavement that made up the dolmen being cracked, necessitating its re- placement by a nearby slab of pavement.

Full-time rangers are now employed by the Gov- ernment at the site, after it purchased the dolmen, along with 16 acres of land, in 2002 from a local levutloe

Those wishing to make submissions on the council plan have until December 16.

THREE Limerick men who came to the atten- tion of the gardai while on a stag party in Lahi- nch last week do not plan to return to the seaside town, their solicitors told a court.

Seamus Corbett, of Garryspillane, Knock- long, and Oliver Hayes and Billy Lynch, both of Knocklong, were all convicted of an offence un- der the Public Order Act, on November 13, last, at Main Street, Lahinch.

Sgt Brian Howard told Lisdoonvarna District Court the three defendants were members of a Stag party.

He said Hayes was extremely drunk and abu-

sive, and told gardai “f*** off for yourselves”. He resisted arrest, fell on the ground and refused to get up.

Sgt Howard said Lynch was extremely drunk and very loud. He got into the patrol car and re- fused to get out. When he eventually got out of the car, he thumped the back of it with his fist.

Gda Denis Curtin said Corbett got into an altercation with Lynch, as Hayes was being ar- rested.

Corbett’s solicitor, Jim Finnegan said his cli- ent, a 33-year-old carpenter, had never been in trouble before and does not drink regularly. Mr Finnegan, who also represented Hayes (30), said his client was very drunk, and when asked to go

home was incapable of complying with the in- structions. Eugene O’Kelly, solicitor for Lynch (35), said his client very much regretted the of- fence, which was completely out of character.

Judge Joseph Mangan asked how frequently did the three visit Lahinch and was assured that none plan to return there.

He remanded them on continuing bail, for a professional report re. substance and alcohol abuse to be carried out and presented to the court next January.

“It might be a good idea if they bring a sub- stantial sum of money the next day, and not for the usual purposes people bring money to Lis- doonvarna,” said the judge.

NORTH Clare County Councillor, Flan Garvey, (FF) has spoken out against the decision to grant preferential treatment to groups living closest to the controversial Ballyduff Beg waste manage- ment facility when the second round of commu- nity funding is allocated.

Councillor Garvey’s comments come in the wake of a decision made by the local Liaison Committee, ratified at the October 10 meeting of Clare County Council, to allow groups living in the Ballyduff area favourable status when the €55,440 in funding is distributed.

The decision was made on the foot of allega- tions of “obnoxious smells” emitted by the Bal- lyduff Beg facility which are causing discomfort to those in the area. Applications for the second round of funding for sustainable community- based environmental initiatives in Inagh, Kil- namona and Cloonanaha were requested last week.

“If the people around the edge of the dump have a problem then that is a different issue (from the funding) and they should bring their grievances to the County Council separately,” said Cllr Garvey. “It was made clear from the word go that this is a community environmental project and any group or organisation in the par- ish who fulfils the terms as set out is entitled to apply for a share of the €55,000.”

Responding to these comments the Chair- person of the Community Liaison Committee, Councillor Joe Arkins, stressed that funding is only being made available to organisations

rather than individuals and said that it was “un- fortunate” that Cllr Garvey had not attended the meeting when the matter was discussed.

‘As chairperson of the liaison committee it is my responsibility to bring the decision of the majority of the community to the council,” said Cllr Arkins. “It was the decision of the meeting that the next tranche of funding would favour the projects of those who have been adversely effected by the landfill. It 1s up to them to decide

how the funding is to be dispersed and they have done that.”

The local community receives €1.27 for every ton of waste disposed of at the Ballyduff Beg landfill. Since its opening in September of 2002 some 150,000 tonnes of waste have been dis- posed of at the site. It is predicted that the landfill has a capacity of close to 900,000 tonnes which represents more than €1 million of funding be- ing made available to the local community.

BROADFORD farmer and Vice-Chair- man of the ICMSA beef committee Martin McMahon was in Birmingham this week to represent the organisation in a unique Farmers For Action (FFA) summit meet- ing.

Mr McMahon, who was joined by the IC- MSA’s dairy committee chairman Domin- ic Cronin, joined with leaders from farm- ing organisations representing farmers on both sides of the Irish Sea to ward that fur- ther actions are planned to highlight the erowing plight of farmers.

The FFA organised a three day strike for its organisations members earlier this month. The purpose of the summit was to co-ordinate efforts in the wake of the strike by farmers on both sides of the Irish Sea to secure fair prices for their produce from the so-called retail giants.

Along with the ICMSA, the National Sheep Association (NSA), the Farmers’ Union of Wales (FUW), the Northern Ireland Agri- cultural Producers’ Association (NIAPA), and the Irish Cattle and Sheep Farmers’

Association (ICSA) were in attendance. “There was unanimous agreement on a course of further action to drive home the message that farmers are not receiving a fair share of the retail price for key prod- ucts such as dairy, beef and lamb,” said FFA leader David Hanly.

“One thing that has become clear is that consumers want farmers to get a fair share; in fact, one pole showed that 78 per cent of consumers would be willing to pay more.” He added that there 1s a commitment from all the organisations to co-operate further, and more protests and activities are being looked at. In the meantime, he challenged the retail giants to publicly accept that farmers are not getting a fair deal and to do something about it immediately. Speaking after the meeting Dominic Cronin said the ICMSA was absolutely de- termined to focus attention on farm prices, and he repeated the demand made by ICM – SA for legislation to govern the minimum price retailers can pay farmers. Mr Cronin said ICMSA was willing and able to build alliances with any other organisations ded- icated to protecting farm income.

CLARE County Council has been warned that policing rates of pay or conditions of employment on the new Ennis bypass, is not its role.

This was one of a raft of cau- tions from County Solicitor, Michael Houlihan to members in a “secret” document circulated at the local authority’s May meet- neta

The contents of the document have until now been confidential, because of a vote by councillors that the press be excluded from the meeting. But, The Clare Peo- ple can now reveal those contents, despite Mr Houlihan warning that the information is legally privi- leged.

In his letter, Mr Houlihan warned the council, “You know how important the Ennis bypass is to the council and the region. We must do nothing that endan- gers the contract.

‘There are statutory authorities charged with policing rates of pay and conditions of all employees. It would be foolhardy for the coun- cil to jeopardise its relationship with the contractor at this vital stage of the development.

‘The council is not a competent authority to police rates of pay or terms and conditions of employ- ment, and should be careful not to assume this role either now or in the future.”

Mr Houlihan continued, “There is nothing to prevent GAMA from contracting with its employees for the payment of wages in a manner different to our standard practice, provided the wages are not lower than those established for the in- dustry where the work is carried out.”

Mr Houlihan warned of serious potential consequences, in terms of cost, of a breach in the con- tractual relationship between the council and contractor.

“Alternatively, this may trigger a potential action from a disap- pointed tenderer who may take the view that GAMA may have an unfair advantage, and this may expose the council unwittingly to a claim for damages of a very se- rious nature,’ he wrote.

“T deem it vital that there is no publicity emanating from man- agement or members of the coun- cil which could interfere with the contractual relationships that cur- rently exist.

“IT emphasise that this advise is given not to inhibit or muzzle the comments that you choose to make, but merely to preserve the legal status of both the council and contractor and its existing re- lationship in the light of the cur- rent difficulties.

“T would also like to empha- sise my personal concern that all workers employed in contracts with the council are properly treated.”

KILRUSH brothers, Anthony Kelly (26) and Joseph (23), have pleaded guilty to assaulting two men in the town on April 11, 2004, at Ennis Cir- cuit Court.

The assault by the brothers, who were armed with a hurley and a bow- saw, resulted in two men being hos- pitalised. One of the victims, Martin Walsh, told the court he was hospi- talised for seven days, had 11 staples

put into his head and an operation on his arm. He has been on disability al- lowance since the incident. The other victim, Tony McNamara, had 14 sta- ples in his head and spent two days in hospital. Detective Sergeant Dav- id Sheedy told the court that Joseph Kelly hit Mr Walsh on the head with the hurley. Mr Walsh fell to the eround and was hit several times in the body by the two assailants. Tony McNamara witnessed the incident, and was also knocked unconscious.

Det Sgt Sheedy said the two victims were completely innocent.

Asked about the background to the assault, the garda said, “It’s hard to say, but it’s going back to an incident of a car belonging to a brother of one of the injured parties being burnt out. The problems relate to two groups of people and there are ongoing tit-for- tat problems. There are still prob- lems with the situation in Kilrush. It is important that the two Kellys don’t live there. If they did, they would get

dragged back into this feud,’ said the garda.

As part of their bail conditions, the Kellys have resided in Cork since April. The court heard that Antho- ny Kelly had 32 previous convic- tions, and Joseph 16. In both cases, a number were for road traffic of- fences. Counsel for Anthony Kelly, Michael Collins BL, asked Judge Carroll Moran to take into account his chent’s guilty plea.

“Mr Kelly is crime-free and hassle-

free. His is not a record of violence. Mr Kelly has no future whatsoever in Kilrush,” said the barrister.

Judge Moran said that a compensa- tion offer of €2,500 to each victim was inadequate. He ordered that the monies be paid over and the Kellys pay additional compensation at the February sittings of Ennis Circuit Court. He remanded them on con- tinuing bail with the same conditions attached that they remain out of Kil- Mets ep

APPROVAL has been given to try to make safe a junction which was the scene a recent fatal accident.

38-year-old Shane Browne from Meelick lost his life in a two-vehicle collision at Harold’s Cross, an acci- dent black-spot where dozens of cars have crashed and many people have lokero em Oleba me

The November meeting of Killaloe area councillors was told that cash had been set aside and stop signs or- dered for Harold’s Cross.

Councillor John McInerney, who put a motion to the council request- ing the safety measures, was told by officials that signage had been or- dered and that every effort will be made to highlight the junction.

But calls from other councillors for changes to speeding controls in the area met with a mixed response from gardai and road engineers.

Of 21 requests from Cllr Cathal Crowe for alterations to speed lim- its, just three were granted.

These were at Barry’s Cross, where the 60 kph limit will be extended to a point 10 meters west of the post of- fice junction, on the Roo/Broadford road and the Roo Post Office junc- tion where the limit will be reduced from 80 kph to 60 kph.

Cllr Paschal Fitzgerald had asked for an increase in the 50 kph limit at the Longpavement and it was agreed that this would go up to 60 kph, while Cllr Tony O’Brien was grant- ed an extension of the 50 kph speed limit at Hill Road in Killaloe.

The meeting was attended by members of the gardai who, along with the county’s road engineers, had been involved as consultants on the list of requests for advised re- strictions.

Cllr Crowe said that he was not happy with the refusals. “There’s no doubt that East Clare is being used as a rat run. These are requests based on what the residents in these areas are telling me.

“These are the people who have to live in these areas and they are

crying out for speed controls,” the councillor said.

Clir Tony O’Brien said that while he understood that his colleague was acting on behalf of residents, ““These decisions were made in consultation with people who are experts in traf- fic management and I feel we should

accept their recommendations.”

Officials told the meeting that all of the limits and restrictions on roads in the area will be made public to give residents a chance to make any submissions they wish to, once the regulations have been adopted at a full council meeting.

PLANS for a hostel and 39 homes for the north Clare coastal village of Fanore are encountering opposition from local residents.

In September, Tom Considine lodged plans for the 18-bedroom hostel and 39 homes on zoned land at Craggagh, Fanore. According to a statement with the plans lodged, the hostel “will be a major contribution to the tourism industry in Fanore as at present, it is not possible to stay overnight in Fanore, except for Bed and Breakfasts.”

Mr Considine also encloses a let- ter from auctioneer, John Vaughan, which states that property is in huge demand in Fanore and it is rare property of any kind to come on the market.

However, the proposal is en- countering opposition from local residents. In an objection lodged on behalf of Rita Dowling, it states that Ms Dowling has no objection in principle to development but has

serious concerns about the scale of the proposal, the negative impact on the laneway to the side of the devel- opment and the absence of public sewerage.

“The anticipated growth over the Development Plan period from 2005 to 2011 1s for an additional 10 units

for permanent residential units. The applicant proposes 39 houses within five years and argues that there is a demand for this scale of develop- ment for permanent occupation,” the statement continues.

‘The locals do not want more holi- day homes, nor would such homes

lead to any sustainability with re- spect to the proper planning and de- velopment of the area.”

A separate objection lodged on be- half of Margaret Leyden stated, “One has to remember that until about 15 years ago, Fanore was by and large an idyllic virgin landscape. However, since then development pressure has increased and is, at present, serious- ly threatening the very existence of this visual amenity, some in part by the Council in trying to reinvent the house in the vernacular, others not complying with their permissions.

“The housing scale as proposed is totally out of scale with any lo- cal vernacular. It must be pointed out that in the County Development Plan, this whole area is deemed to be a ‘vulnerable landscape’ on a scenic route. How does the proposal comply with these objectives. We would suggest that they are in direct conflict.”

A decision is due on the applica- tion later this month.

ENNIS Educate Together National School (EETS) may have to turn away new students if their current situation continues.

The school’s Board of Management has called on the Department of Education and Clare County Council to assist it in purchasing the site it currently occupies on the Gort Road in order to facilitate the building of a permanent school. The Board of Management are calling on local and national elected representatives to help the school achive its goal in the short term

and say they had received assurances from Clare County Council that it would support the school in purchasing the site.

Since 1998 the school has leased its current premises on the Gort Road from Clare County Council. While the Department of Education pay the majority of the rent, the school must make up the shortfall. The pre-fabricated buildings house over 160 pupils, 12 teachers and two special needs assistants, and accord- ing to school principal Sean O’Conthaola the structural limitations of the building means the school is bursting to the seams.

‘The difficulty here is really a practical one. Because it is a pre-fab the classrooms here are smaller. There are over 160 children in the school so we are officially full, we don’t have room for anyone else but we have a very open enrollment policy and we are very reluctant to turn anyone away. We are as full as can be. We have an application in for an extension and it just seems to be bad value to be throwing more money at it. The site can’t be developed either we don’t have the money to do it and the De- partment won’t give any grant aid to a site they don’t own.”

With around 60 per cent of the school’s stu- dents living within walking distance of the building, Mr. Confhaola believes that relocat- ing the school would impose an extra burden on parents while another difficulty facing the site iS proper access to the sewage system. The big- gest obstacle though facing any future develop- ment of the site, according to Mr. O’Confhaola is planning.

“The planning issue is a big problem. The development plan for the town has zoned vari- ous sites community, originally they had zoned them educational but that didn’t go through. We looked at a few of these sites that were zoned community, but they are not actually for sale. They are owned by private developers”. He went onto add that it was “unfair to keep the school waiting just because of bad planning”.

Earlier this year Clare County Council wrote to the Office of Public Works (OPW) regarding the Gort Road site and stated that in accord- ance with the Ennis and Environs Development Plan 2003 the land adjacent to the site of the school would not be considered consistent with the proper planning and sustainable develop- ment of the town. The OPW have said that they don’t accept that the Department of Education and Science and the OPW had forgotten about the school’s situation.