Minutes of October 2024 Adjourned Meeting of Clare County Council

Location: Held in the Council Chamber, Áras Contae an Chláir, New Road, Ennis, Co. Clare and via MS Teams

On: Monday 14^th October 2024

Time: 3pm

Present

Councillors

Councillors P. Daly, M. Howard, P. Murphy, A. Baker Bashua, T. Guilfoyle, C. Colleran Molloy, T. O’Callaghan, J. Cooney, P. Hayes, A. O’Callaghan, P. Burke, T. O’Brien, D. Griffin, D. McGettigan, P. O’Gorman, M. Begley, T. Mulcahy, B. Slattery, J. Garrihy, J. Killeen, R. McInerney, I. Lynch, G. Keating, M. Shannon.

Officials

Mr. Pat Dowling, Chief Executive.
Ms. Ann Reynolds, A/Director of Rural Development and Meetings Administrator.
Ms. Aoife Coote, Assistant Staff Officer, Corporate Services.
Mr. Seán Lenihan, Senior Engineer, Ennis Municipal District.
Ms. Noeleen Fitzgerald, Director of Finance and Support Services.
Mr. Alan Farrell, Director of Physical Development.
Mr. John O’Malley, A/Director of Tourism Development
Mr. Jason Murphy, Director of Social Development.

Present via MS Teams:

Cllrs. Cllrs. S. Talty, D. Gould, R. Hartigan

Absent

Cllr J. Crowe

Presiding

The Cathaoirleach, Cllr. A. O’Callaghan presided and welcomed the members.

Cathaoirleach, Cllr. A. O’Callaghan congratulated Ann Reynolds on her appointment as Acting Director of Service and wished her all the best in her new role.

P. Dowling, Chief Executive confirmed that A. Reynolds has been appointed Acting Director of Services while the Public Appointments Service undertakes the completion of a Director of Service panel. P. Dowling confirmed that Ann will cover the Rural Development Directorate which includes responsibility for Corporate Services.

Item 1: Minutes of Council Meetings

a. Ar moladh Cllr. I. Lynch Cuidithe ag Cllr. P. O’Gorman agus glacadh leis

“That the Minutes of the September Meeting of Clare County Council held on 9^th September 2024 be adopted and signed.”

Item 2: Matters Arising

There were no matters arising.

Item 3: Correspondence/Comhfhreagras

The following correspondence was circulated with the agenda.

Correspondence dated 20^th September, 2024 Correspondence from NOAC regarding its annual Local Authority Performance Indicator Report.
Correspondence dated 10^th September, 2024 from Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media in relation to short-term tourist lettings.
Correspondence dated 27^th September, 2024 from the Department for Rural and Community Development in relation to XL Bully type dogs.
Correspondence dated 26^th September, 2024 from the Department of Housing, Local Government and Heritage in relation to Croí Cónaithe Towns Fund.
Correspondence dated 20^th September, 2024 from the Minister for Education in relation to secondary schools for Co. Clare.
Correspondence dated 24^th September, 2024 from the Road Safety Authority in relation to the provision of a second National Car Test centre in Co. Clare.
Correspondence dated 10^th September, 2024 from Cathal Crowe, T.D. in relation to road funding.
Acknowledgement dated 12^th September, 2024 from Cathal Crowe, T.D. in relation to establishing a Veterinary school in the University of Limerick.
Acknowledgement dated 18^th September, 2024 from the Minister for Further and Higher Education, Research, Innovation and Science in relation to establishing a Veterinary school in the University of Limerick.
Acknowledgement dated 12^th September, 2024 from Senator Timmy Dooley in relation to establishing a Veterinary school in the University of Limerick.
Acknowledgement dated 24^th September, 2024 from the office of the Director of Irish Coast Guard in relation to a request for a meeting with the Irish Coast Guard Operations Management Team.
Acknowledgement dated 19^th September, 2024 from Office of the Taoiseach in relation to Croí Cónaithe Serviced Sites Initiative.
Acknowledgement dated 18^th September, 2024 from Department of Housing, Local Government & Heritage in relation to Croí Cónaithe Serviced Sites Initiative.
Acknowledgement dated 23^rd September, 2024 from the Department of Justice in relation to the purchase of electronic devices for Children.
Acknowledgement dated 18^th September, 2024 from the Department of Justice in relation to the purchase of electronic devices for Children.
Acknowledgement dated 13^th September, 2024 from Department of Health in relation to the HIQA report for a second A&E in the Mid-West.
Correspondence dated 20^th September, 2024 from the Disability Federation of Ireland.
Correspondence dated 3^rd October, 2024 from the Mid-West Simon Community in relation to appointment of CEO.
Correspondence dated 24^th September, 2024 from the Southern Regional Assembly in relation to the Interreg North West Europe Call 5.
Resolution dated 6^th September, 2024 from Leitrim County Council in relation to Strategic Gas Emergency Reserve.
Resolution dated 6^th September, 2024 from Leitrim County Council in relation to reduced VAT rate from 13.5% to 9%.
Resolution dated 2^nd September, 2024 from Roscommon County Council in relation to Household Waste Disposal.
Resolution dated 2^nd September, 2024 from Roscommon County Council in relation to VAT rate for Hospitality sector.
Resolution dated 2^nd September, 2024from Roscommon County Council in relation to VAT rate for Hospitality sector.
Resolution dated 16^th September, 2024 from Sligo County Council in relation to the Community Employment Schemes.
Resolution dated 16^th September, 2024 from Sligo County Council in relation to a rural housing scheme.

Cllr. T. Guilfoyle referred to the correspondence dated 20^th September, 2024 from the Disability Federation of Ireland. Cllr. Guilfoyle suggested that an invite be extended to the Disability Federation of Ireland to present to the members in the Council Chamber.

Cllr. Guilfoyle referred to correspondence dated 6^th September, 2024 from Leitrim County Council in relation to Strategic Gas Emergency Reserve and requested that Clare County Council write to the Government in support of this motion.

A. Reynolds, A/ Director of Service, Rural Development Directorate noted that this would need to be submitted as a motion at the next Council meeting.

Cllr. T. Guilfoyle noted that correspondence is received after the cut off for motions and therefore is a flawed process and requested it be reviewed.

A. Reynolds noted the remarks made by Cllr. Guilfoyle and agreed to raise it at the next meeting of Standing Orders Committee.

Item 4: Minutes of Municipal District Meetings

a. Ar moladh Cllr. P. Daly Cuidithe ag Cllr. P. Murphy agus glacadh leis

“That the Minutes of the Ennis Municipal District AGM held on the 27 June, 2024 be noted.”

b. Ar moladh Cllr. T. O’Callaghan Cuidithe ag Cllr. P. Daly agus glacadh leis

“That the Minutes of the Ennis Municipal District Meeting held on the 27 June, 2024 be noted.”

c. Ar moladh Cllr. P. Murphy Cuidithe ag Cllr. P. Daly agus glacadh leis

“That the Minutes of the Ennis Municipal District Meeting held on the 10 September, 2024 be noted.”

d. Ar moladh Cllr. T. Mulcahy Cuidithe ag Cllr. D. McGettigan agus glacadh leis

“That the Minutes of the Shannon Municipal District Meeting held on the 16 July, 2024 be noted.”

e. Ar moladh Cllr. G. Keating Cuidithe ag Cllr. J. Garrihy agus glacadh leis

“That the Minutes of the West Clare Municipal District Meeting held on the 16 July, 2024 be noted.”

Item 5: Minutes of Corporate Policy Group meeting

The members noted the minutes of the meeting held on 2^nd September, 2024 as presented.

Item 6: Monthly Management Report

The monthly management report attached to the agenda included key activities in the principal service areas and was noted by the members.

Cllr. T. O’Brien referred to the completion of the Shannon Bridge Crossing noting that it is a vital piece of infrastructure. Cllr. O’Brien noted that there are issues that need to be addressed and requested that the Director of Service and senior management meet with the Killaloe Municipal District Councillors.

A. Farrell, Director of Service, Physical Development Directorate stated that he was happy to facilitate a meeting.

Cllr. T. Guilfoyle referred to the Co Creating Programme for 2024 and noted that it had been brought to his attention by business owners that due to the works ongoing particularly in the Market area in Ennis, trucks are mounting the footpaths and traders are fearful that an accident may occur. It was noted that this is also happening on the Mill Road.

Cllr. R. McInerney referred to the Kilrush Town Team and thanked Joan Tarmey and her team for their work on this project.

Cllr. McInerney also referred to Clare MEZ and raised concerns over the sourcing of a suitable funding stream. Cllr. McInerney noted the importance of Maritime to the county and stated that the Economic taskforce report needs to get traction.

Cllr. D. Griffin referred to the public lighting update and welcomed the appointment of Electric Skyline as the new maintenance contractor for Clare. Cllr. Griffin queried if issues flagged with the previous contractor are passed over to the new contractor and if extra resources be allocated to address the backlog.

Cllr. P. O’Gorman referred to the Shannon Bridge Crossing and noted that materials used for the infrastructure were sourced within the Shannon Municipal District. Cllr. O’Gorman noted that the roads around Meelick and Ardnacrusha had to withstand heavy transport due to this and asked the Director to ensure that they are not forgotten about.

A. Farrell, Director of Service, Physical Development Directorate noted in relation to the Co Creating Programme that the engineers were engaging with the elected members and confirmed that these works must meet design standards. Mr. Farrell noted in relation to the public lighting that the issues flagged do transfer over to the new contractor. Mr. Farrell noted that the reported percentage of lights that are not working are down from 2.9% to 1.6% and the contractors are progressing well as outlined at the briefing for the elected members the previous week and advised that if the members had issues with lights that were out for long periods that they could contact his team. Mr. Farrell referred to the Shannon Bridge Crossing and informed the members that Engineers in the Municipal Districts have been asked to monitor the roads in the area and to document deterioration in road for any submission for funding that would be made.

Cllr. J. Garrihy referred to the Vacant Property Refurbishment Grant and acknowledged the €17million grant approvals noting how significant this is for the county.

Cllr. J. Garrihy referred to the Clare Local Sports Plan Stakeholder Consultation taking place on the 15^th October, Cllr. Garrihy encouraged people to attend noting that it is an opportunity to have your say. Cllr. Garrihy stated that it was an important plan for the county and thanked Jason Murphy, Director of Service, Social Development Directorate and his team for their work on the plan.

P. Dowling, Chief Executive noted in relation to the Shannon Estuary Economic Taskforce that it was a significant piece of work, and that Clare County Council was a member of the taskforce. Mr. Dowling expressed his disappointment that the report hasn’t progressed further noting that the new Government should be pressed to action on the report.

Item 7: Report in accordance with Section 37E (4) and (5) of the Planning and Development Act 2000 (As amended) for the Knockshanvo Windfarm, Co. Clare.

Chief Executive Report dated 8^th October, 2024 from Pat Dowling, Chief Executive was circulated with the agenda. The Chief Executive report is in accordance with Section 37E (4) and (5) of the Planning and Development Act 2000, as amended, following on from the submission of a Strategic Infrastructure Development (SID) to An Bord Pleanala, known as the Knockshanvo Windfarm.

The development consists of 9 no. wind turbines with an energy generating capacity of between 51MW to 64MW with a 35-year operational lifespan. The main components of the development are as follows:

Construction of 9 no. wind turbines with a blade tip height range from 179.5m to 185m inclusive, a hub height range from 102.5m to 110.5m inclusive and a rotor diameter range from 149m to 163m inclusive with associated foundations, hard-standing and assembly areas.
Construction of 1 no. permanent 110 kV electrical substation including 2 no. control buildings, lightning protection, welfare facilities, car parking, and all associated electrical plant and apparatus, security fencing, external lighting, underground cabling, wastewater holding tank and all associated infrastructure, apparatus and landscaping,
Underground electrical cabling (33kV) and communications cabling connecting the wind turbines to the proposed on-site 110kV electrical substation and associated ancillary works.
Erection of 1 no. Meteorological Mast of 105 metres above existing ground level for the measuring of meteorological conditions, including a lightning rod which will extend above the mast.
Construction of new permanent access roads and upgrade of existing roads to provide access within the site and to connect the wind turbines and associated infrastructure.
Construction of 1 no. new permanent access to the site off the R465 regional road to serve as the sole entrance to the wind farm during its operational phase and to facilitate the delivery of the construction materials and turbine components to site during the construction, operational and decommissioning phases.
Construction of 2 no. new permanent access points off the L-3042 and L-30144-0 local roads to facilitate traffic movement across the site during construction, operation and decommissioning phases. Both accesses will be gated and opened when required during the operational phase.
Development of 5 no. borrow pits.
Construction of 3 no. temporary construction compounds and associated ancillary infrastructure including temporary site offices, staff facilities and car parking areas, all to be removed at end of construction phase.
Temporary works at 3 no. locations along the R465 regional road associated with the facilitation of turbine component and abnormal load delivery to site. These works will primarily include the trimming of vegetation and strengthening of road verges.
Installation of a temporary transition compound to facilitate turbine blade delivery during the construction phase, within the townland of Court, Co. Limerick. The works will include installation of a temporary stone hard standing area and associated entrance and egress to and from the N69 national road and will be removed at the end of the construction phase.
Permanent amenity works comprising the construction of 1 no. new marked trail, the development of 2 no. new viewing areas and upgrade to 1 no. existing viewing area, including the installation of associated signage and seating.
Permanent and temporary Site Drainage.
Operational Stage Site Signage.
Ancillary forestry felling to facilitate construction and operation of the proposed development.
Biodiversity enhancement measures including the permanent clear-felling of land, and.
All related site works and ancillary development including landscaping considered necessary to facilitate the proposed development.
A thirty five-year operational life from the date of full commissioning of the entire wind farm is being sought and the subsequent decommissioning.
The application is seeking a ten-year planning permission. A planning application for underground electrical cabling (110kV) which will connect the wind farm to the existing Ardnacrusha 110kV electrical substation is also being lodged to An Bord Pleanala.
The application is accompanied by an Environmental Impact Assessment Report.

Cllr. T. O’Brien welcomed the Chief Executive report and outlined concerns he and the other Killaloe members had along with the residents of the Broadford to Oatfield Action Group.

Cllr. O’Brien noted that the Killaloe MD elected members were submitting a report on behalf of the Broadford to Oatfield Action Group and requested that it be appended with Clare County Councils submission to An Bord Pleanála.

The report to be submitted sets out the three principal concerns with regards the Knockshanvo Windfarm:

Noise and nuisance referring to the high court case of Webster & Anor v Meenacloghspar (Wind) Limited.
Aviation and Mid-West economic risks with regards to AirNav and Shannon Airport.
Hen Harrier and a lack of an appropriate cumulative assessment for all East Clare Windfarms.

Ar moladh Cllr. T. O’Brien Cuidithe ag Cllr. J. Cooney agus glacadh leis

“To attach correspondence under Section 37 E (6) of the Planning Act, submitted by Cllr. T. O’Brien, on behalf of the Broadford to Oatfield Windfarm Action Group, to the Chief Executive report submitted to the members under Section 37 E (5) of the Planning Act, to An Bord Pleanála, in respect of the proposed Knockshanvo Windfarm”.

Item 8: Overdraft Approval 2025

Report dated 26^th September, 2024 from Noeleen Fitzgerald, Director of Finance and Support Services was circulated with the agenda. The report states that an overdraft facility is required to be in place for the twelve-month period commencing January 2025 to December 2025 in line with Departmental guidelines. The members approved an overdraft facility up to December 2024 at the October 2023 Council meeting up to a maximum of €20 million. It is proposed to seek approval of the Minister to retain this facility of €20 million for the calendar year January 2025 until December 2025.

The report continues that the Council incurs a cost when the overdraft facility is utilised as no cost arises by having the facility in place and the availability of the overdraft facility is deemed necessary in the current climate with a revenue and capital programme in excess of €200m annually where expenditure is incurred in advance of the “expenditure claims process”. This facility will manage cash flow by addressing issues such as seasonal fluctuations or grant claims timelines.

Cash flow continues to be reviewed on a daily basis and any overdraft facility will only be utilised to the extent that it is required.

The report noted that Circular Fin 03/2009 requires Local Authorities to maintain a neutral impact on the GGB - the net bank position at the end of 2024 on the council’s capital account should be similar to the net position at the end of 2025. This in effect means that this council cannot commit to incurring expenditure on projects where the funding has not been identified and secured.

Ar moladh Cllr. G. Keating Cuidithe ag Cllr. M. Shannon agus glacadh leis

“That pursuant to the provisions of Section 106 of the Local Government Act, 2001 Clare County Council hereby approves of borrowing up to a maximum of €20 million by way of overdraft facility from the Council’s Treasurer for the year ending 31^st December 2025.”

Item 9: Memorial Committee Applications

Report dated 3^rd October, 2024 from Mary McMahon, Administrative Officer, Corporate Services Department was circulated with the agenda. The report outlined details of applications received and considered by the Memorial Committee on 16^th September, 2024 as follows:

Downey Family memorial
Kayla Rooney memorial
Joe Shiels memorial
Dylan Coady memorial

The applications were approved having been proposed by Cllr. C. Colleran Molloy, seconded by Cllr. P. O’Gorman and agreed by the members present.

Item 10: Local Traveller Accommodation Consultative Committee

Report dated 4^th October, 2024 from Pádraig MacCormaic, A/Senior Executive Officer, Social Development was circulated with the agenda. The report states that in accordance with Section 22 of the Housing (Traveller Accommodation) Act 1998 [as amended] a local authority shall appoint a chairperson of the local consultative committee and the membership of such committee which shall comprise the following-

members of the appointing authority concerned,
officials of the appointing authority, and
representatives of local travellers and traveller bodies,

and the number of members referred to in (a) shall not exceed one half of the membership of the local consultative committee and the number of representatives referred to in paragraph (c) shall not be less than one quarter of the membership of the local consultative committee.

The report continues that at the AGM of Clare County Council 6 members of Clare County Council were appointed to the committee, namely

Cllr. Antoinette Baker Bashua,
Cllr. Tony O’Brien,
Cllr. John Crowe,
Cllr. Joe Garrihy,
Cllr. Donna McGettigan,
Cllr. Tommy Guilfoyle

In addition, the committee will include staff of the Council Social Directorate:

Mr Pádraig MacCormaic, A/Senior Executive Officer
TBA, Administrative Officer,
Mr Gerry Murphy, Traveller Liaison Officer
Ms Julie Brosnan, Clare Homeless Action Team.

It was noted in the report that Clare County Council have consulted with the Irish Traveller Movement, Clare Local Development Company and the Clare Traveller Community Development Project in relation to representation of travellers on the incoming committee.

Following that consultation, it was proposed that the following be appointed to the committee as representatives of the Travelling Community and support agencies in Clare:

Ms Bridgie Casey, Clare Traveller Community Development Project
Ms Ciara Griffin. Clare Local Development Company
Ms Martina Sherlock, Lahinch,
Mr John McDonagh, Shannon,
Mr Daniel Mongans, Ennis
Ms Fiona Kelly. HSE Traveller Health Unit

The Local Traveller Accommodation Consultative Committee was adopted by the members present having been proposed by Cllr. D. McGettigan, seconded by Cllr. J. Cooney and agreed by the members present.

Item 11: Agree date for Budget meeting

It was agreed that the Budget meeting will take place on Thursday, 28th November, 2024 at 3.00 p.m. having been proposed by Cllr. J. Cooney, seconded by Cllr. B. Slattery and agreed by the members present.

Item 12: Nomination to the Clare County Council Placenames Committee

This item was deferred.

Item 13: Local Community Safety Partnership (LCSP) Nominations

“That Cllr. D. Griffin be appointed to the Board of the Local Community Safety Partnership.”

“That Cllr. R. McInerney be appointed to the Board of the Local Community Safety Partnership.”

“That Cllr. P. Hayes be appointed to the Board of the Local Community Safety Partnership.”

Ar moladh Cllr. C. Colleran Molloy Cuidithe ag Cllr. Antoinette Baker Bashua agus glacadh leis

“That Cllr. B. Slattery be appointed to the Board of the Local Community Safety Partnership.”

“That Cllr. J. Crowe be appointed to the Board of the Local Community Safety Partnership.”

“That Cllr. G. Keating be appointed to the Board of the Local Community Safety Partnership.”

Ar moladh Cllr. J. Cooney Cuidithe ag Cllr. B. Slattery agus glacadh leis

“That Cllr. T. Guilfoyle be appointed to the Board of the Local Community Safety Partnership.”

Ar moladh Cllr. M. Begley Cuidithe ag Cllr. D. McGettigan agus glacadh leis

P. Dowling, Chief Executive advised that the assessment for the Chair of the Local Community Safety Partnership has been completed and is awaiting the Minister’s confirmation and once that has been received meetings will commence. Mr. Dowling noted that staffing has been addressed and a strategic plan is underway.

Cllr. P. O’Gorman encouraged the commencement of the Local Community Safety Partnership given issues that had arisen in previous weeks.

Cllr. B. Slattery queried the formation of the partnership and noted that he felt responsibility has been taken away from the Councillors.

P. Dowling, Chief Executive advised that it was an initiative of the Government and the change to the formation of the partnership did not come from Local Government. Mr. Dowling noted that the new process needs to be embraced to allow for success.

Item 14: Civic Reception for Clare Senior Hurling Team

Report dated 9th October, 2024 from Mary McMahon, Administrative Officer, Corporate Services Department was circulated with the agenda. The report noted that at the Octobermeeting of the Corporate Policy Group (CPG) the members considered a nomination for a Civic Reception to honour the Clare Senior Hurling Team & Management.

The reports notes that the proposal for the award of a Civic reception is to acknowledge their outstanding achievement in winning the All-Ireland Senior Hurling Final 2024.

Having considered the nomination, the Corporate Policy Group recommended to Council the Award of a Civic Reception to Clare Senior Hurling Team & Management in recognition of their outstanding achievement.

This was approved the members present having been proposed by Cllr. J. Cooney, seconded by Cllr. P. Daly and agreed by the members present.

Cllr. T. O’Brien requested that it be noted that the request for a Civic Reception to the Clare Senior Hurling Team and Management in recognition of their outstanding achievement was on behalf of all the elected members of Clare County Council and not just the Cathaoirleach and the Corporate Policy Group. This was seconded by Cllr. J. Cooney and agreed by all.

It was agreed to take Item 20 first.

Item 20: Occupied Territories Bill

Ar moladh Cllr. D. McGettigan Cuidithe ag Cllr. T. Guilfoyle agus glacadh leis

“That Clare County Council, in light of the recent ruling by the International Court of Justice on the illegality of Israeli settlements in Occupied Palestinian Territories, calls on the Irish Government to enact the Occupied Territories Bill, to cut Irish trade ties with Israeli goods and services produced in these illegal settlements.” (M)

The elected members welcomed Senator Frances Black and Senator Eileen Flynn to the Chamber and thanked them for all their work on this important matter. The members agreed that the Government should enact the Occupied Territories Bill to cut Irish trade ties with Israeli goods and services produced in the illegal settlements. The members noted that words are not enough anymore, and action is needed. The members acknowledged the UN peacekeepers who are under threat and expressed concern that 70% of the death toll in Gaza is women and children. The members noted that there is a moral obligation to stand against injustice.

Cathaoirleach, Cllr. A. O’Callaghan requested a minute’s silence as a mark of solidarity with the people of Palestine.

Cllr. D. McGettigan noted that this was a very sombre and poignant moment and thanked the Cathaoirleach for having the minute’s silence.

Item 15: Safe Routes to School

Ar moladh Cllr. I. Lynch Cuidithe ag Cllr. T. O’Callaghan agus glacadh leis

“That Clare County Council will develop a policy to implement a “Safe Routes to School” for each LEA on an annual basis.” (M)

Cyril Feeney, Senior Engineer, Physical Development Directorate replied as follows:

“The Safe Routes to School (SRTS) Programme was developed in partnership between the NTA and Green-Schools - An Taisce, in 2020, as a response to the need to support schools to increase walking and cycling to school.

All schools in the state were eligible to apply to the programme and information was circulated in March 2021 from the Departments of Education and Transport. By the deadline of April 2021, 932 applications had been received from schools in every county in Ireland. 170 schools were notified about their inclusion in the first round of the SRTS Programme in June 2021. 108 additional schools (forming Round 2) were brought into the active programme in December 2022, determined by original criteria and complementary with other active travel schemes being implemented or planned by local authorities. Schools that have applied and have not been included in the first two rounds of funding will not be required to reapply, as they will come into the programme on a rolling basis.

Funding for the Safe Routes to Schools initiative is provided by the National Transport Authority and they, in conjunction with An Taisce Green Schools, developed the overall list of schemes for each local authority. The Road Design office in Clare County Council has engaged with each of the Municipal Districts to further develop this into a priority list of schemes with an even distribution across the Municipal Districts, in accordance with the SRTS criteria. This list was presented to the NTA to decide which schemes they will fund each year.

While we understand that many schools, who did not initially apply, would like to join the programme, the overwhelming response to the initial call i.e 932 schools, nearly 1/4 of all schools in Ireland, means there are no plans by An Taisce/NTA for an additional call for applications at this time.”

Cllr. I. Lynch thanked the Senior Engineer, C. Feeney for his reply and noted that the intention of the motion is more about a safe approach to schools. Cllr. Lynch sought clarification if the priority list of schemes is dealt with by the SPC.

The elected members welcomed the reply and noted that more funding is required to protect the most vulnerable in our society, noting that their safety is of paramount importance. It was acknowledged by the members that the programme is currently oversubscribed and that funds should be set aside for each Local Electoral Area (LEA) with an aim to complete one every year for each LEA.

A. Farrell, Director of Service, Physical Development Directorate confirmed that this can be dealt with at M.D. level, while any policy issues can be addressed by the SPC.

Item 16: Gaelcholáiste an Chláir

Ar moladh Cllr. J. Killeen Cuidithe ag Cllr. T. O’Callaghan agus glacadh leis

“Tacaíonn Comhairle Contae an Chláir le iarratas an BOOLC ar neamhspleáchas don Aonad ar a dtugtar Gaelcholáiste an Chláir, atá ceangailte le Ennis Community College. Tá iarbhunscoil lán-Ghaeilge neamhspleách lárnach sa phlean teanga atá réitithe agus daingnithe ag an Roinn TCAGSM thar cheann an rialtais do Líonra na hInse, mar chroí bheartas chun soláthar iarbhunoideachais lán Ghaeilge den chaighdeán is airde a chur ar fáil do phobal Gaeilge an Chláir. Iarraimid ar an Aire Oideachas stádas neamhspleách a bhronnadh láithreach.

Clare County Council supports the LCETB’s application for independence for the Unit known as Gaelcholáiste an Chláir, which is under the remit of Ennis Community College. An independent all-Irish post-primary school is central to the language plan that has been agreed and confirmed by the Department of TCAGSM on behalf of the government for the Ennis network, as the heart of a policy to provide full Irish post-primary education of the highest quality to the Irish-speaking community of Clare. We ask the Minister of Education to grant independent status immediately.” (M)

The elected members noted that there is a lack of cohesion with the Irish language within the current Gaelcholáiste an Chláir due to it being mixed with Ennis Community College. The members acknowledged that it is hard to keep the ethos and culture intact where English is being spoken. The members noted that the Gaelcholáiste an Chláir is losing a lot of students due to its status and noted that experience shows that Gaelcholáiste’s such as Gaelcholáiste Luimnigh that have independent status thrive.

Item 17: Circular Economy and Miscellaneous Provisions Act 2022

Ar moladh Cllr. P. Murphy Cuidithe ag Cllr. I. Lynch agus glacadh leis

“I am requesting that the members of Clare County Council are briefed on the current situation regarding the introduction of CCTV, drones, etc as provided for in the Circular Economy and Miscellaneous Provisions Act 2022. A number of other local authorities have already introduced the use of this technology and have deemed that it has been a great help in the battle against illegal dumping and associated anti-social behaviour.” (M)

Cyril Feeney, Senior Engineer, Physical Development Directorate replied as follows:

“The Waste Management Act, 1996 as amended by the Circular Economy and Miscellaneous Provisions Act, 2022 identifies the role and functions of Local Authorities in protecting the environment and human health by preventing or reducing the adverse impacts of the generation and management of waste. Under section 14A of the Act of 1996 Local Authorities may operate CCTV Schemes for the purposes of deterring environmental pollution and facilitating the deterrence, prevention, detection, and prosecution of offences under the Act of 1996.

The statutory Code of Practice for the “Operation of CCTV for the Purposes of Prevention, Detection & Prosecution of Waste Offences” that was prepared by the Local Government Management Association (LGMA) covers the required criteria for appropriate use of CCTV systems. The code sets out guidance on the necessity, proportionality of use, standard operating procedures, data impact assessment requirements and proposed business case submission before CCTV use can be determined. In addition, the Local Authority must consider less intrusive measures to deter, prevent, detect, and prosecute offences under the Act of 1996.

From our initial assessment of certain areas which may be considered as illegal dumping black spots we do not believe at present that they would meet the proportionality threshold which would warrant the use of CCTV.

We will continue to monitor all illegal waste activity and keep under review any proposal for the introduction of CCTV.”

The elected members noted that this issue is a scourge to local communities. The members noted that this issue is raised every month at the local Municipal District meetings, and it is not being solved. The members expressed disappointment in the reply from the Senior Engineer; that blackspots do not meet the proportionality threshold and sought to understand what the threshold was. The members suggested that a pilot scheme be undertaken in blackspots around the county using CCTV. The members acknowledged the work of the Environment Section in Clare County Council and commended them for their hard work. It was noted by the members that volunteer groups and Tidy Towns groups are at breaking point and that people underestimate the work that they do around the county.

A. Farrell, Director of Service, Physical Development noted that it is unfortunate, but it is not as straightforward as rolling out the CCTV due to the proportionality threshold. Mr. Farrell noted that the team are committed to working to establish if cameras could be deployed but advised that Mr Feeney’s reply highlighted critical issues. Mr. Farrell advised that a case would need to be built for a specific area which can take up to eighteen months. Mr. Farrell noted that this issue can be worked through the SPC or a workshop to give the members an opportunity to discuss in more detail.

Item 18: Shannon Airport

Ar moladh Cllr. D. Griffin Cuidithe ag Cllr. M. Begley agus glacadh leis

“That Clare County Council engage with the Management of Shannon Airport and The Department of Transport to ensure Shannon Airport remains commercially competitive in light of ongoing capacity issues at Dublin Airport.” (M)

The elected members noted that Shannon Airport remains underutilised and stated that it plays a substantial and positive role within the Mid-West of Ireland. The members expressed frustration that flight routes are Dublin centric and suggested that a percentage be distributed out to Cork, Shannon and Knock Airports for a more balanced regional development. The members noted that Shannon Airport is a gateway to the North Atlantic and routes must be maintained and increased. The members suggest that a regional working group be set up to work on getting new routes into the region.

P. Dowling, Chief Executive noted that Clare County Council have been consistent in their support for Shannon Airport. Mr. Dowling noted that he is an ex officio member of the Limerick Project Ireland 2040 Delivery Board and of its Transport Sub-Group and that he has raised the importance of Airport Transport Plan and linking the city to the Airport. Mr. Dowling confirmed that the Shannon Airport Group CEO is to be brought into the group. Mr. Dowling noted that he believes it is important to drive this through the 2040 Delivery Board forum.

Item 19: Differential Rent Scheme

Ar moladh Cllr. D. McGettigan Cuidithe ag Cllr. T. Guilfoyle, A. Baker Bashua, M. Howard agus glacadh leis

“That this Council will disregard the half-rate Carer’s Allowance in full and the Disability Allowance received by children aged between 16 and 18 in full when calculating the rent of Council tenants under the Differential Rent Scheme (DRS). The Council notes that there are plans for a national review of the DRS, however, this has yet to commence. In the interim, the Council will implement changes to its DRS based on this motion. These can be updated pending publication of the national review of the DRS.” (M)

Pádraig MacCormaic, A/Senior Executive Officer, Social Development Directorate replied as follow:

“Members will be aware that Clare County Council calculate rents payable by all our tenants using a Differential Rent Scheme which is reviewed annually and adjusted to ensure that increases in social welfare payments do not overly affect the rent payable by tenants. In 2024 we adjusted our scheme further by removing “income bands” to ensure all tenants benefited from discounts applied at a time when rising cost of living was affecting all tenants. We will be reviewing the scheme over the coming months following publication of the governments updated social welfare payments for 2025. Our scheme is operated under principles of Housing Act 1966 (as amended), Housing Miscellaneous Provisions Act 1992 [as amended] and Circular letter HRT 03/2002, whereby rent payable is based upon ability to pay and based on total household income. Under our Differential Rent Scheme all regular weekly income must be taken into account, while non regular payments such as Children Allowances, Domiciliary Care Allowance and others are excluded. Additional income to Social Welfare from Community Employment Schemes and Back to Work Programs are disregarded in accordance with Dept guidance. However, Carers Allowance, full and half rates, are included, albeit depending on household composition half rate Carers Allowance may often be regarded as a subsidiary payment and so attracts smaller liability than primary income. We disregard Disability payments to children under 18 years of age who remain in full time education. The Council have a hardship Clause within our scheme as required and in exceptional circumstances the Council may agree to accept a lesser sum from a tenant for a specified period. While making of a Differential Rent Scheme is an executive function of the Council, we welcome the interest from the elected members re same.”

The elected members acknowledged the importance service that carers provide and noted that without them hospitals and nursing home would be inundated and unable to handle the additional demand. The members noted that carers are the invisible backbone of the community. It was acknowledged that families raising and caring for children with disabilities are on very low incomes and only for charities and community groups these families would be lost.

Item 21: Request to fly Palestinian Flag

Ar moladh Cllr. T. Guilfoyle Cuidithe ag Cllrs. D. McGettigan agus glacadh leis

“That Clare County Council is recognised for its commitment to standing with oppressed peoples and supporting justice and humanity. Given the ongoing conflict in Gaza, which has now lasted over 365 days, I propose that the Palestinian flag be flown at Áras Contae an Chláir for one week. This symbolic act would underscore our support for international law, the International Court of Justice, and the principles of human rights.

I call on the Council to unanimously support this motion as a demonstration of our solidarity with the Palestinian people and our commitment to global peace. Flying the flag would raise awareness within our community about the humanitarian challenges in Gaza and affirm our commitment to being on the right side of history.” (M)

The elected members noted that Ireland is a humanitarian country and flying the Palestinian flag is a symbol of support for innocent people. The members noted that flying the flag would highlight the Council’s support for international law, the international Court of Justice and the principles of human rights. It was noted that Palestinian people are living in Clare and for them to see their flag flying in their new local government would mean a lot.

Item 22: Return of Hotels to Tourist Market

Ar moladh Cllr. J. Garrihy Cuidithe ag Cllrs. R. McInerney, S. Talty, J. Crowe agus glacadh leis

“We call on Minister Roderick O’Gorman to instruct his department and IPAS to set a clear plan and timeline that will return hotels and tourism accommodations that have been used in Clare to house refugees through an emergency period to the tourist market and on Minister Catherine Martin and Clare Tourism to ensure a recovery and investment plan aligns to ensure areas & SMEs most affected areas in are supported in the transition phase.” (M)

The elected members noted that County Clare has gone above and beyond in welcoming and assisting with refugees, however, the members noted that areas such as tourism have been greatly affected due to this. The members agreed that a plan needs to be put in place by the Government that will allow accommodation providers return to the tourism market. The elected members agreed that how the Government has dealt with the provision for accommodation is wrong and requires a multi-departmental approach. The members acknowledged the importance of tourism to rural communities and noted that there is a lack of coherence and fairness. The members raised concern over where the people being accommodated will go and noted that there is a need for physical infrastructure to support this.

P. Dowling, Chief Executive noted that he was conscious of the sentiments of this matter and the impact of density in communities. Mr. Dowling noted that Clare County Council has been very proactive around integration and is equally concerned around the density challenges. Mr. Dowling noted that it is a concern of all local authorities where accommodation was contracted for one purpose has now flipped for a different purpose. Mr. Dowling agreed that the elected members concerns are legitimate and acknowledged that the people of Lisdoonvarna and Ballyvaughan have been very welcoming since day one.

It was agreed that Items No. 23 and 30 would be taken together.

Item 23: Road improvements to R352

Ar moladh Cllr. P. Hayes Cuidithe ag Cllr. P. Burke agus glacadh leis

“I am asking that a that a comprehensive plan be put in place for R352 route.

The R352 is key strategic route linking Portumna and Killaloe to our County town of Ennis and the M18 motorway network from East Clare.

With the impending opening of the Killaloe bypass as a gateway to Clare together with the tourism initiatives in Inis Cealtra and Shannon Heritage sites as well as the volume of existing and planned employment along the route e.g. Beckman Coulter, McGrath Quarries and the proposed Data Centre.

I ask the Director of Service for Transportation and the Senior Engineer in Roads Design to prepare a comprehensive plan for much needed improvements, road widenings, junction safety and speed management along the full route of the R352 (and its villages) from Whitegate village to the junction of the M18 in Ennis, rather than the piecemeal approach to date.” (M)

Cyril Feeney, Senior Engineer, Physical Development Directorate replied as follows:

“The Department of Transport “Memorandum on Grants for Regional and Local Roads” issued in January 2024, details the funding application process for Strategic Regional and Local Roads (SRLR).

It should be noted that the Department does not seek annual applications from local authorities in respect of the Strategic Grant programme. However, Capital Projects that are outside of the Department’s Bridge, Safety and Pavement, Restoration and Rehabilitation programmes will be considered on a case-by-case basis under the following three criteria:

Major Bridge Rehabilitation works which are outside the scope of the normal bridge rehabilitation and specific grant programme.
Critical Safety Improvement works which are outside the scope of the normal safety improvement and specific grant programme.
Projects which would have a significant and quantifiable economic impact, particularly as regards employment, and on industrial, tourism, agricultural, rural development, urban regeneration and provision of Climate Adaptation and resilience of the network.

Only projects with an estimated cost in excess of €5 million (including VAT) are eligible under this programme. Projects must also comply with the Infrastructure Guidelines issued by the Department of Public Expenditure, NDP Delivery and Reform (DPENDER) and with the Transport Appraisal Framework (TAF) for Transport Projects and Programmes issued by the Department. Should a local authority wish to seek funding for a project under this grant category, then it should follow the procedures set out in the latest relevant Circular and it can be discussed with the Department Inspector, as required.

The local authority shall also indicate in its application what percentage funding will be available through Development Contributions (or other sources). The scale of commitment of funding by the local authority to the project may be a factor in the decision by the Department to grant aid the project.

As a first step in this process, I will arrange a meeting with the Department of Transport Inspector to ascertain the feasibility of such a proposal for the R352 Regional Road.”

The elected members noted that the R352 route is a key route, and a comprehensive plan is needed within the county for strategic routes. The members agreed that the executive and members need to work together to secure funding.

P. Dowling, Chief Executive agreed with the members that roads infrastructure needs to be strong and key strategic routes need to be identified. Mr. Dowling noted that the Capital Roads project needs to be prioritised and acknowledged that road funding is behind where it should be. Mr. Dowling undertook to prioritise strategic routes.

Item 30: Road Funding

Ar moladh Cllr. M. Shannon Cuidithe ag Cllr. T. O’Callaghan agus glacadh leis

“I call on the Department of Transport for an increase in our funding allocation for regional and local roads by 30 percent to meet the 10 percent resurfacing and maintenance threshold.” (M)

The elected members noted the importance of road maintenance for the safety of all road users. The members noted that the maintenance of bridges, widening of roads, lighting is all incorporated across the roads network. The members stated that the Government need to act but also noted that while additional funding is required so too are extra resources.

Item 24: Post Office Model

Ar moladh Cllr. T. O’Callaghan Cuidithe ag Cllr. P. O’Gorman agus glacadh leis

“Up to 300 post offices face closure without more state funding, I call our Minister for Communications to work closely with all stakeholders ensuring a viable business model is achieved preventing the closure of many urban and rural communities post offices especially within our county.” (M)

The elected members noted that post offices are the heart of communities and a vital component to rural Ireland. The members acknowledged the importance the human element has within the organisation but also recognised that digitalisation must be embraced. The members noted that An Post is a commercially focussed entity and has returned to profitability in the last few years and should be able to sustain the post offices around the country.

It was proposed by Cllr. I. Lynch, seconded by P. O’Gorman and agreed by the members present that the time be extended to 6.30 p.m. in order to complete the business of the meeting.

Item 25: Roll out of CCTV Cameras

Ar moladh Cllr. R. Hartigan Cuidithe ag Cllr. A. O’Callaghan agus glacadh leis

“To combat the significant increase in instances of illegal dumping across the county, I ask that Clare County Council, under section 14A of the Waste Management Act of 1996, set aside a sum of money and develop a plan to roll out CCTV cameras in strategic locations as soon as possible.” (M)

Cyril Feeney, Senior Engineer, Physical Development Directorate replied as follows:

We will continue to monitor all illegal waste activity and keep under review any proposal for the introduction of CCTV.”

The elected members noted that illegal dumping is a public health risk and needs to be prohibited as a matter of urgency. The members noted that the legislation needs to be reviewed and the process to use CCTV be less labour intensive.

Item 26: Special Development Zone (SDZ)

Ar moladh Cllr. T. O’Brien Cuidithe ag Cllrs. M. Begley, R. Hartigan agus glacadh leis

“We request Clare County Council to ask the relevant Minister to sign off and designate the Special Development Zone (SDZ) at Gilloge, Clonlara, County Clare, as applied for by University Limerick and Clare County Council.” (M)

The elected members expressed frustration that nothing has progressed on the Special Development Zone noting that a lot of work and time has been invested into this project. The members outlined the benefits of having the land designated as an SDZ, most notable innovation, job creation and driving sustainable investment. The members acknowledged the volume of work that Clare County Council had attributed to this project.

P. Dowling, Chief Executive acknowledged the sentiments of the motion and affirmed that the local authority has done everything in its power to promote this project. Mr. Dowling noted that the Department has advised that both Clare County Council and University of Limerick (UL) need to sign a commitment to continue the project, but the new Management of UL have not yet conceded to that request. Mr. Dowling advised that the Senior Planner in the Department cannot consider the designation request until UL revert. Mr. Dowling noted that they will continue to press on the matter and noted the level of ambition for Clare County Council hasn’t changed but it may have for UL.

Item 27: Supports for Hospitality

Ar moladh Cllr. A. Baker Bashua Cuidithe ag Cllr. D. McGettigan agus glacadh leis

“I would like to call on the County Council to advocate the Government to better support small hospitality businesses.

I propose that the Council would ask the Minster to urgently review the current supports available for small hospitality businesses throughout County Clare. Many of these businesses are struggling to recover from the challenges posed by the pandemic and the ongoing rise in operational costs. Despite their significant contribution to the local economy and employment, they are not receiving enough help to sustain their operations.

I ask that the Council to review the current supports given and establish a plan with relevant bodies to provide targeted assistance, such as financial supports, rate relief, and access to grants, marketing support to ensure these vital businesses can survive and thrive into the future.” (M)

Padraic McElwee, Head of Enterprise, Clare County Council replied as follows:

“These issues were raised with the Minister of State for Business Employment and Retail, Erner Higgins TD, when she visited the Local Enterprise Office Clare on the 7th October 2024. In recent months, the Government have instigated several targeted measures designed to alleviate the challenges faced by many businesses due to increased operating costs. This included the Increased Cost of Business Grant which was designed by the Department of Enterprise, Trade and Employment to help SMEs with the increased costs associated with running a business and was administered by local authorities. 2,370 Clare businesses have received more than €6 million to date in grant funding under the scheme.

In the recent budget, the Minster for Enterprise Trade. and Employment, Peter Burke, announced an additional financial support grant for businesses in the retail and hospitality sector. The details on this scheme have yet to be announced and this council will work closely with Department of Enterprise, Trade and Employment to administer the scheme.

In addition, The Local Enterprise Office are available to engage with any business that encounters operational challenges in their day-to-day trading activities. The Minister for Enterprise Trade and Employment recently announced enhanced and expanded eligibility criteria for businesses to avail of various supports which can aid businesses achieve significant cost reductions mitigating the negative impact of inflationary costs and/or reduction in profitability. These supports are now available to the businesses in the retail and hospitality sectors employing up to 50

people.

In the specific case of energy costs, an enhanced Energy Efficiency Grant now provides 75% grant aid of eligible expenditure, up to a maximum of €10,000. In recent weeks, a new Grow Digital Grant up to €5,000 has been announced to facilitate implementation of more efficient digital technologies. These supports, aligned with the LEAN consultancy are designed to help businesses make significant cost savings in their day-to-day operations.

Where a business, in any sector, is encountering challenges we would encourage them to contact the Local Enterprise Office.”

The elected members noted that small businesses are local families and currently they are hanging on by a thread due to increased business costs. The members noted that supports, if not received soon, may come too late for some small hospitality businesses. The members acknowledged the support that LEO provides to small businesses. The members also welcomed the Power Up Grant noting that it needs to be done in conjunction with small businesses.

Item 28: Income of Childcare Workers

Ar moladh Cllr. M. Begley Cuidithe ag Cllr. J. Garrihy agus glacadh leis

“That Clare County Council ask the Minister for Children, Equality, Disability, Integration and Youth, Roderick O’Gorman TD, to correct the deficiency in the income of childcare workers by aligning their salaries to an appropriate civil service grade.” (M)

The elected members noted that childcare workers are the backbone of this sector and provide an invaluable service to families throughout the country. The members noted that a lot of households have two people working in the family and childcare is a necessity to allow for this. The members hoped that the salaries of people working in this industry could be aligned to that of an appropriate civil service grade.

Item 29: Road Safety Programme

Ar moladh Cllr. R. McInerney Cuidithe ag Cllr. I. Lynch agus glacadh leis

“That Clare County Council develop a road safety programme which

installs digital feedback speed limit signs on all approach roads to our towns and villages
ensures every small town and village has at least one pedestrian Belisha beacon zebra crossing.” (M)

Cyril Feeney, Senior Engineer, Physical Development Directorate replied as follows:

“The Department of Transport, Road Safety Authority, An Garda Síochána and the Local Authority sector are all stakeholders helping to deliver the government’s Road Safety Strategy 2021-2030. Published in December 2021, the Strategy is in its first implementation phase, with close to 200 actions underway to help deliver a halving in fatalities and serious injuries by 2030 and Vision Zero by 2050—that is, no fatalities or serious injuries on Irish Roads. The members were recently briefed on some aspects of the Strategy on the 8th October.

There is currently a significant element of the Road Safety Strategy underway with the introduction of new default speed limits as follows:

default speed limit on national secondary roads to reduce from 100km/h to 80km/h (2025)
default speed limit for the network of local and rural roads throughout the country to reduce from 80km/h to 60km/h by end of November 2024
default speed limit on urban roads, which include built up areas as well as housing estates and town centres, to reduce to 30km/h (2025)

It is important that each step of the strategy is implemented in a coherent manner to ensure its effectiveness can be accurately determined.

The introduction of digital feedback signs on approaches to towns and villages would need to be carefully considered in light of the upcoming default reduction in speed limits. Each location would have to be assessed on its own merits. Similarly, the installation of pedestrian crossings is governed by design criteria and road characteristics which are unique to each town and village.

The funding of such proposals and the ongoing maintenance would also have to be factored into any investment decisions.

Until the forthcoming default speed limits are introduced and well established it may be premature to include for the installation of digital feedback signs and pedestrian crossings in a road safety programme.”

The elected members noted that there doesn’t seem to be enough funding to meet the requirements when strategies are developed. The members welcomed the reduction in the speed limits but noted that digital signage can change driver behaviour. The members acknowledged that the expense to change speed signage would be saved if using digital signage that can be changed at the touch of a button. It was noted that feedback signs do slow drivers down and they are very beneficial.

Item 31: Active Travel Programme

Cllr. J. Garrihy agreed to defer this item to the November Council Meeting.

“I call on the NTA, Department of Transport and Minister Eamon Ryan to ensure fair and equitable treatment of rural areas of County Clare in the Active Travel program by allocating and ring fencing at least 50% of the funding provided to areas outside of large urban centres going forward to market towns, small towns and villages and to settlements with high tourism traffic.” (M)

Conferences.

Reports on Seminars/Conferences attended.

With regard to seminars/conferences attended, reports completed in accordance with Section 142 of the Local Government Act 2001 were made available at the meeting.

AILG September Training Module – ‘An Overview of the Planning System’, held in the Horse and Jockey Hotel, Tipperary, on the 26^th of September 2024.

The Meetings Administrator informed the Members that the estimated average cost per Councillor attending this Conference was €372.81 including conference fee of €85.00.

It was agreed that Cllrs P. Burke, C. Colleran Molloy, J. Cooney, D. Gould, M. Howard, J. Killeen, T. O’Callaghan, M. Shannon, B. Slattery attend this conference.

Conclusion

The meeting then concluded.

Signed: ____________________________ Riarthóir Cruinnithe

Signed: _____________________________ Cathaoirleach

Date: _____________________________

Page last reviewed: 11/11/24

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