1. Confirmation of Minutes of full Council meeting held on 14th July 2014

Cllr R McCarthy (SF):  Question on Bandon not minuted and question on Kinsale Main Drainage not answered.

CE:  Kinsale Main Drainage should have been answered at committee level.

Tenders opened for several road works schemes.

2. Votes of Sympathy:

Two from Cllr K Murphy and Cllr Mary Hegarty

3.  Disposal of Property – Section 183 of the Local Government Act, 2001:

a)     Disposal of 14 Barry’s Terrace, Glanworth, Co. Cork.
b)    Disposal of Carrigabrick Viaduct, Fermoy, Co. Cork.
c)     Disposal of land at Stag Park, Mitchelstown, Co. Cork, to Kevin King.
d)    Disposal of land at Carrigane, Mitchelstown, Co. Cork.
e)    Disposal of land at Stag Park, Mitchelstown, Co. Cork, to George Fenton.
f)     Disposal of land at Ballynamona, Shanagarry, Midleton, Co. Cork.
g)    Amendment to Disposal of Site No. 7 Cloughmacsimon Industrial Park, Bandon, by the substitution of “Site No. 7 including Right of Way “279-1” in lieu of “Site No. 7” being the situation of said site and the inclusion of “Property Ref: EST 10-3 SLD 09/14.”

 Proposed and seconded.

Cllr O’Grady (SF):  Glanworth property – sum of €45k received for this.  Would it have been suitable for social housing?

CE:  Money received will go into the social housing fund.

Cllr O’Grady (SF):  No names attached to the transfer of some property.  Why?

SO’C:  a) doesn’t say it is under the tenant purchase scheme.  If this was a social house that is being disposed of, the money has to be put back into social housing purposes.  Will check what the position was if it wasn’t a social house.

4.  Local Government Act, 2001:
a.     Section 85 Agreement with Waterford City and County Council – Munster Bridge Joint Replacement Contract 2014 – Contract 1

 b.     Section 85 Agreement with Limerick City and County Council – Munster Bridge Joint Replacement Contract 2014 – Contracts 2 & 3.

Agreed.

5.  Local Government Act 2001 (as amended by Section 59 of the Local Government Reform Act 2014) & Local Government (Audit Committee) Regulations 2014 (S.I. 244/2014):

In accordance with Regulation 4 of the Local Government (Audit Committee) Regulations 2014 the Corporate Policy Group nominates the following persons for appointment to the Council’s Audit Committee:

Mr. Larry O’Dwyer
Professor Ciaran Murphy
Ms. Edel Clancy
Ms. Eileen O’ Shea
Councillor Mary Rose Desmond
Councillor Susan McCarthy
Councillor Declan Hurley

 CE:  Those appointed will take the positions for the 5 years of this Council.  The Audit Committee comprises 4 external reps and 3 members of Council.  Also provision to have those agreed between the CE and the CPG.  The CPG is recommending the members above to the Audit Committee for the next 5 years.  Two of the external reps continue from the last Council for continuity.

Cllr Forde (FG):  The audit committee is a very high-powered committee.  Presume the members chosen have a certain expertise in this area.

Mayor:  All the legislation requires is gender balance.

Proposed and seconded.

6.  Establishment of 3 no. Local Community Development Committees (LCDCs) in Cork County

In accordance with the provisions of Section 36 of the Local Government Reform Act 2014, and Sections 4(1) and 4(2) of SI No. 234 of 2014 in relation to the establishment of Local Community Development Committees (LCDCs):

 Regulation 4 (2) The list of recommended nominees to the Committee, to which section 128C(3)(a) of the Act relates, shall be submitted for resolution of the local authority no later than the first meeting of the local authority following the meeting at which the members of the local authority were nominated to the Committee.

SF nominates Cllr Rachel McCarthy instead of Cllr Paul Hayes to Western LCDC.

Udaras is active in both the South and West divisions so they will be represented on both LCDCs.

7.  Appointment of Members to the West Cork Development Partnership.

Joe Carroll (FF)
Mary Hegarty (FG)
Michael Collins (Ind)
Paul Hayes (SF)

All of the above proposed.  Using the grouping system, Cllr Carroll (FF) was elected.  A vote saw Cllr Collins (Ind) elected.  In second vote for the third place, FF proposed Cllr Murphy O’Mahony also.  When the vote was counted, Cllr Murphy O’Mahony was elected.

8.  Appointment of Members to the following Committees:-

Coastal Management Committee                  14
(From Cobh, East Cork, Bandon/Kinsale and West Cork MDs)
County Library Committee                                    8
European Affairs Committee                              12
Rural Water Monitoring Committee                8
(1 from each MD)
Traveller Consultative Committee                     8
(1 from each MD)
CASP Policy Committee                                    12                  (Ballincollig/Carrigaline – 2; Blarney/Macroom – 2; Cobh – 2; East Cork – 2; West Cork – 1; Bandon/Kinsale – 1; Kanturk/Mallow – 1; Fermoy – 1)
Southern Regional Drug & Alcohol Task Force   1
County Cork Sports Partnership                                  3
Irish Public Bodies                                                                 1

Cllr D’Alton (Ind) asked why Ballincollig – Carrigaline which has 29 km of coastline was not represented on Coastal Management Committee.  Mayor says that it was decided at CPG.  Cllr McGrath said that he did not agree at CPG that Ballincollig – Carrigaline would not be represented on the Coastal Management Committee.  Mayor says the decision of the CPG can be overturned by the full Council.  Proposes to second my suggestion.

Agreement to make 15 positions available.

Coastal Management Committee:
FF: O’Sullivan, Murphy, Coleman, Murphy O’Mahony, Carroll
FG: Mary Hegarty, Barry M Hegarty O’Donovan
SF: Hayes, K McCarthy
Ind: Cullinane, Collins, D’Alton

County Library Committee:
External positions are decided by the committee itself.
FF: McGrath, Fitzgerald, Doyle, N McCarthy …
(Missed the rest of this.)

European Affairs Committee
FF: O’Flynn, O’Keeffe, Coleman
SF:  R McCarthy, Frick Murphy
Ind: Joe Harris, JP O’Shea
FG: Dawson, Michael Hegarty
Labour:  N McCarthy

Rural Water Monitoring Committee
Need subs on this committee.
Ind: T Collins, Mary Linehan-Foley
SF:  O’Grady, Murphy, K McCarthy
FF: Moynihan, O’Keeffe, O’Donnabhain, Carroll
FG: Sheppard and 2 more

Mayor made sure that all areas of the county were covered.

Travellers Committee:
FF: Doyle, N McCarthy
SF: Mullane
Ind: Harris, (O’Shea sub)
FG:  J O’Donovan, Canty, Dawson and Lucey (subs)

CASP:
Geographically distributed
FF: McGrath, Fitzgerald, Desmond (Ryan and O’Sullivan subs)
SF: O’Laoghaire, Keohane (subs Mullane and Buckley)
Ind: Conway, D’Alton, Hurley (sub Cullinane)
FG: Collins, Forde, Barry (sub N O’Donovan, Lucey, Michael Hegarty)

Regional Drugs & Alcohol Task Forum:
Kevin O’Keeffe

Cork County Sports Partnership
FF: Ryan (sub Moynihan)
Ind: O’Shea
FG: Canty

IPB:
N McCarthy (FF) elected by vote.

Cobh Heritage Trust
Cullinane (Ind), Barry (FG) and K McCarthy (SF) proposed.  Lombard proposed that it should be at MDC level.  O’Shea (Ind) and McGrath (FF) disagreed.  Cllr Cullinane was elected by vote.

National Monuments Committee being reviewed.  Presumes decision will come at September CPG.

9.  Approval of Strategic Policy Committee Scheme.

Planning SPC
FF: McGrath, O’Sullivan, Ryan B Moynihan, O’Sullivan
SF: Frick, O’Grady
Ind: D’Alton, T Collins
FG: Lombard, M Hegarty, Forde, J O’Donovan
Lab: Rasmussen

Environment SPC
FF: O’Flynn, O’Keeffe, two Moynihans
SF: Mullane, Frick Murphy
Ind: Cullinane, D’Alton
FG: J O’Donovan, Barry, Dawson, Canty, K Murphy

Economic SPC
FF: O’Flynn, Doyle, Desmond, Fitzgerald, Ryan, O’Donnabhain
SF: Murphy, McCarthy
Ind: Harris, O’Shea
FG: Forde, Lombard, Hegarty, G Murphy

Tourism SPC
FF: Coleman, O’Sullivan, Carroll, O’Keeffe, ?
SF: K McCarthy, Hayes
Ind: Cullinane, Hurley, Conway
FG: S McCarthy, Sheppard, Canty, Mary Hegarty

Housing SPC
FF: McGrath, Fitzgerald, Murphy o’Mahony, G Murphy
SF: Mullane, O’Laoghaire, R McCarthy
Ind: M Collins, O’Shea
FG: S McCarthy, N O’Donovan, G Murphy, Sheppard
Lab: McCarthy

Transportation SPC
FF: C O’Sullivan, Murphy O’Mahony (+2)
SF: K McCarthy, Hayes
Ind: Hurley, T Collins
FG: Creed, Barry, K Murphy, Lucey

Social SPC
FF: Doyle, Desmond, O’Donnabhain
SF: Murphy, Buckley, O’Grady
Ind: O’Shea, Collins, N Collins, ?
FG: Creed, Dawson, J Collins

Arts SPC
FF: Moynihan, Carroll (?)
SF: Buckley, O’Laoghaire, Keohane
Ind: Linehan Foley, Harris, ?
FG: Mary Hegarty, N O’Donovan, Canty

10.  Reports under Section 179 Planning & Development Act, 2000:
a)     Conservation of Mitchell Gaol & Shell Store, Spike Island, Cobh, Co. Cork
b)    Improvement Works to the Pier, Spike Island, Cobh, Co. Cork
c)     The Café Toilet Block (Old Gymnasium), Spike Island, Cobh, Co. Cork

Cllr Fitzgerald (FF):  Mallow Castle and Buttevant Town Scheme – proposes to have these included.

SO’C: 3 items on agenda.  2 items added subsequently.

All agreed.

11.  Southern Committee:

Approval of Community Fund 2014.

Proposed and seconded.

12.  Department of Health:

Letter dated 9^th July, 2014, in response to Council’s letter of 11^th June, 2014, regarding water fluoridation.

Cllr N Collins (Ind):  Very disappointed that the government intends to continue this practice.  Has been fighting this over the past 40 years.  Have failed in this mission to date but will keep trying.  Fluoride is an industrial by-product added to our water supplies for almost 50 years.  We are the most heavily fluoridated country in the world.  Most countries have banned practice.  Linked with all sorts of health issues.  Dr. Malusi estimates that many deaths in the US annually are due to fluoride.  This should surely be good enough evidence for government.  Human life is sacred.  Request that we send back the letter and request alternative.

Cllr Hayes (SF):  Echoes Cllr Collins’ sentiments.  Vote in the Dail for stopping fluoridation was put forward by SF.  Is going to be followed up in the Dail again.  EU ambassadors visiting Dublin recently have been recommended not to use the tap water in Ireland and especially not to make bottled milk for babies not using tap water.  Amazing that government persists.

Cllr A Moynihan (FF):  Echoes frustration with this issue.  Department’s letter is in response to the letter which we sent.  Hasn’t addressed fundamental issue of choice.  People should have that choice.  FG said there would be an international dimension to the review board.  Twice the Minister has responded but there has been no mention of this international dimension.

Cllr O’Laoghaire (SF):  There are a number of issues relating to water.  People are out protesting in towns around the country against water meters.  People are under financial pressure.  SF position was always underinvestment from government to maintain the water supply.  Also SF held position on issues like this about water quality.

Cllr D’Alton (Ind): Department’s letter says that a report done by the European Community on Health and Environmental Risk has concluded there to be no health risk from fluoridation.  This is not what the report says.  What is actually says is:

“Water fluoridation as well as topical fluoride applications (e.g. fluoridated toothpaste or varnish) appears to prevent caries, primarily on permanent dentition. No obvious advantage appears in favour of water fluoridation compared with topical prevention. The effect of continued systemic exposure of fluoride from whatever source is questionable once the permanent teeth have erupted…

…The efficacy of population-based policies, e.g. drinking water, milk or salt fluoridation, as regards the reduction of oral-health social disparities, remains insufficiently substantiated…

…Water fluoridation as well as topical fluoride applications, e.g. fluoridated toothpaste or varnish, appears to prevent caries, primarily on permanent dentition, but topical application is the more efficient measure…

…In children, a very narrow margin exists between achieving the beneficial effects of fluoride in caries prevention and the adverse effects of dental fluorosis.

Asks that we send the letter back and draw the Department’s attention to what the report actually says.  The government is introducing water charges.  It cannot expect people to pay for medicated water.

Cllr Cullinane (Ind):  Has been working on this issue for 20 years.  Suggests we follow through what has been asked in this letter.  Give whatever proof we have against fluoridation.  Send it to the Dental Research Board and cc it to the Minister.  We have to keep pressure on.

Agreed to return the letter and say that we are not happy with it.

13.  Notice of Motion: Councillor Seamus McGrath:

“To request a written report from the CEO on the implementation of the ‘Adopt a Road Scheme’ across the County.  The report should outline the number of organisations participating in the scheme, an assessment of its success and to suggest ways of revamping the scheme to improve participation.”

Cllr McGrath (FF):  Supported the scheme when it was brought in in 2012.  The scheme has been a success overall.  Thinks the scheme supplements the Council’s role.  Important at a time of limited resources to use all the help that we can get out there and if it is a scheme like this is mutually beneficial then it is worth taking part in.  The scheme is to support iconic areas such as roundabouts.  Would like to see the scheme rolled out into roads as well.  Is put into practice at a local level.  Tidy Towns groups doing it at an informal level as well – have divided up areas between clubs, etc.  Asks that it be taken to SPC to see if we can enhance it further.

Cllr McCarthy (Lab):  Agrees.  Involvement in the scheme should be encouraged more.  People who are involved are happy with it.  When business people do get involved there should be more reference to the efforts they make.

Cllr Forde (FG):  Would like to commend Council for the efforts they are making in rolling out this scheme.  Thinks litter element could be extended.  When Council cuts hedgerows in rural areas, sometimes there is fly tipping there.  The machines cut the litter and make the problems worse.  Also think the airport roundabout should be included.  Pivotal roundabout.

Cllr Canty (FG):  Fantastic scheme.  Ballincollig was used as a benchmarking in relation to what can be done and should be done.  Good to see that businesses have adopted roundabouts around the area and it makes such a difference.  We give grants to local Tidy Towns groups.  Puts a lot of pressure on them to come up with the goods and to justify the money given.  They are undertaking work that is covering Council work and the aspects of H&S has to be considered, especially with cutting grass on roadside.   But overall thinks many more businesses would be interested in taking this scheme on.

Cllr Dawson (FG):  Because it is 2 year scheme we need to watch that the ongoing maintenance afterwards is at the same standard that it started out at.

O’Flynn (FF):  V beneficial scheme.  Thinks we should be giving this scheme more publicity.  Do a PR scheme.  Moorepark roundabout.  Kildorrery also.  Tremendous potential for other County towns and villages to get involved.

Lombard (FG):  Fantastic scheme.  Real  issue is participation.  Need to push it out maybe through the Chamber of Commerce and other business community organisations.  Are pivotal roundabouts throughout the entire county that could benefit from this scheme.

Cllr O’Laoghaire (SF):  Great value to the scheme but agrees with Cllr Canty – need to proceed carefully because it is not the role of the Council to outsource core work to the voluntary community sector.  So certainly a role for businesses and community groups, have to be careful of the burden we place on the community groups.

Cllr Mary Hegarty (FG):  Great scheme.  Someone complained about the island at the Crows Nest.  Maybe we could write to the City and ask them to maintain.

Cllr Harris (Ind):  Concerned about impact on morale of Council workers.  Thinks we should be trying to create extra Council jobs.  No substitute for proper full time work.  Plenty of people would do this job if they could.  Are we going down the road of cheap labour?

Cllr Conway (Ind):  Agrees that we should publicise the scheme more widely.  Wasn’t aware of it and knows much of this work is done by community groups.

Agreed to send motion to SPC to work on publicity.

14.  Notice of Motion: Councillor Joe Carroll:

“That this Council provide an office (section) dedicated entirely to our coast and staffed with people with marine experience.”

Cllr Carroll (FF):  Believes Cork County Council underestimates the value of the coastline.  If more harbours had better facilities, believes these places would sustain themselves and provide reasonable employment.  Gave example of Baltimore Harbour and the need for a breakwater.  Facilities are hopeless without shelter.  A planning application was to have been lodged in 2012.  To date it has not been lodged.  Simon Coveney said he was willing to help and support but we had no planning application ready.

Coastal Management and Flooding – reckons that any funding coming through here would go to flooding, not to coastal management.  Accepted in West Cork that Kerry County Council has a far more proactive approach to its coastline than we do.  Pontoon sitting in Skibb with the last 6 months.  No good.

Cllr K Murphy (FG):  Seconds the proposal that we provide a Coastal section within the County Council.  Disagrees though that progress is slow.  In his area, progress is good.  Think harbours better off as a result of County Council takeover.  But thinks we need to ensure that everyone who has a mooring must check it, be responsible for it, etc.   There are examples right across the county where a marine section within the County Council would have relevance and reap benefits.  Had experts in-house, they are no longer with us.  Would like to set up a committee within the Coastal Management Committee to work on this.  Huge responsibility now that we have taken over Kinsale and Baltimore.  Thinks Cork County Council needs to put one or two people with expertise in such a department.  Thinks expertise is already in house.

CE:  We have a coastal management unit in place under the remit of the County Engineer.  This Is combined with flooding so it gets quite a bit of capital investment.  Looks after piers and harbours, etc. and got a good bit of money after the flooding.  South and West Cork has significant investment in coastal areas.  That we have now taken over the harbours, we will make sure that there is no change for residents or those who use the harbours.  Cork County Council put considerable investment in showers, toilet facilities, etc. in Baltimore, including investment in the sailing club.  Will continue as we are and thinks Cork County Council is well structured to prioritise the coast.  Thinks Coastal Management Committee will be an active committee and should have a sub-committee if required.

County Engineer:  Thought there was synergy between coastal management and flooding.  So he has put the 2 together.  There are now 8 engineers (increased from 2).  Dealing a great deal with storm damage.  One of the contracts being opened at today’s meeting relates to Belvelly Bridge.  €5m to be spent over two years when Cork County Council took over Baltimore and Kinsale.  Deals only with capital works, not day to day maintenance.

The Baltimore breakwater happened as the take over was also happening.  That was unfortunate.  They have to go to An Bord Pleanala.

Cllr Carroll (FF):  Thanks for this.  Funding that was got when takeover happened was secured by Cllrs Murphy and J Carroll.  It was the sole intention that €2.5m would be used for providing breakwater but the Department wouldn’t allow it.  All the lovely work done in Baltimore is no use without a breakwater.  Yachts spend a fortune in Baltimore when they come in for a couple of nights.  The sooner shelter comes to Baltimore, the better for commerce in Baltimore.  The Baltimore breakwater is the backbone of his motion.

Cllr K Murphy (FG):  No database and no inventory of buoys, their safety, etc.  People are being charged a fortune to lay down buoys and then have no comeback.  Have to have a certain level of expertise to know what we talking about.

Cllr Carroll (FF):  It was recommended that a Harbour Forum would be established meeting a few times a year when this takeover happened.

15.  Notice of Motion: Councillor Melissa Mullane:

“That Cork County Council gives a report of the number of houses currently vacant in Cork County – that will be refurbished under the recent funding announced by Government of EUR 1,181,000 on the 8th of July 2014.”

Cllr Mullane (SF): €15 million put in place to pay for the refurbishment.  In Cork County Council 187 houses with €1.81m value being funded to Cork County Council.  When will they be provided?  Who will do the work?  Tender guidelines?  Is €13k enough for every house and if it is not, will we get more?

O’Laoghaire (SF):  Long running issue.  Creates frustration when people are wiating on houses for a long time.  Also very much affects morale of the community.  Thinks will make a dent in the houses that are needed but remains to be seen whether it will be sufficient to sort out this significant problem.

Cllr McGrath (FF):  Has been a long-term critic of long term vacancies across county.  Voids are generally over 12 months.  Unacceptable.  Had been great work in bringing this issue to the fore heretofore.  Thinks funding is not enough from a cursory viewpoint.  Need to turn around faster.

Cllr Forde (FG):  Mary Ryan issued us with a list of houses approved under this scheme.  That was issued only this morning.  Have to keep finger on pulse to see what else we can do.

Cllr K Murphy (FG):  Although we might feel the funding is not enough, we should be grateful for it because it is more than we have seen for a long time.  Disappointed there is no report from management.

Cllr Hayes (SF):  Funding is only a drop in the ocean.  In Clonakilty, some places have been vacant for up to 10 years.  People crying on the phone to you.  We are at the coal-face.  So many houses that need work done.  If there is any hope that the Council could ease up on the refurbishment policy?  There are many people willing to do light work themselves.  Not talking about electricity, plumbing, etc.  Would ask the Council to relax its policy and permit light works to be done to speed up the process.

Cllr Conway (Ind):  Is the list we received from Mary Ryan this morning a complete list?  Also supports the motion.

CE:  Progressing as quickly as we can.  Likely that will be done by tender to get greatest efficiency.

Cllr Mullane (SF):  Tender or private contractor?

CE:  We don’t have staff to do this work.  €2.2m worh of funding there.  Will progress this by way of tender.

Cllr Mullane (SF):  Intend to draw down all funding by end of year?

CE: That is what we intend.

Cllr Mullane (SF):  Concerned that social inclusion aspect of the monies awarded is not being acted on.

Mayor:  We have to use the money before end Nov.  Couldn’t achieve that timescale if we were to take any route other than tender.

This budget is specifically for vacant schemes.

Can use contractors working in former Town Council areas.

Cllr K McCarthy (SF):  Can we get a commitment that the contractors in former Town Council areas actually WILL be used?  Received email from former contractor to Cobh Town Council and he is just thrown on the scrap heap.

Mayor:  Will be opened in new framework.  Whoever applies under that framework will have the same opportunity as everyone else.

Cllr O’Keeffe (FF):  How many houses are vacant?

Mayor: 155 vacant houses to be refurbished UNDER THIS SCHEME.  Report given.

Cllr Mullane (SF):  There are lots more houses needing refurbishment than just those to be refurbished under this scheme.

CE:  The way the numbers fall, the most urgent houses are looked after first.  If the list is there, the list is fixed based on the number of houses available.

16.  Notice of Motion: Councillor Paul Hayes:

“That this Council writes to Failte Ireland asking that the route of the Wild Atlantic Way be extended to include the coastal route from Timoleague to Clonakilty.”

Cllr Hayes (SF):  The Wild Atlantic Way by-passes a very obvious headland.  Courtmacsherry has had an annual festival running for an entire week.  It has a Storytelling Festival every September.  It will celebrate the Lusitantia sinking next year.  A racetrack is plotted out on the sand when the tide goes out.  It offers kayaking, sailing, fishing, etc., cycleways and walks.  It has amazing landscape and views.  It offers bars and restaurants, including a rated restaurant in Ring village.  It has shops, guesthouses and many other rate-paying businesses.  Failte Ireland appeared slightly concerned about roads on the headland but gave the impression that this was only a small concern.  People on the headland are very upset at not being included in the Wild Atlantic Way.  This area has already been affected by post office, pub and shop closures.  It is vital that it is not left behind.

Cllr M Collins (Ind):  Supports entirely.

Cllr Hurley (Ind):  Thinks good idea to get delegation down there to see what is on offer.  Is a hidden gem.  Supports entirely.

Cllr R McCarthy (Ind):  Courtmacsherry Rowing Club held rowing club all-Irelands 2 years ago.  One of the best run events she has ever been at.

Agreed to write to Bord Failte to get the headland included in the route of the Wild Atlantic Way.

17.  Notice of Motion: Councillor Noel Collins:

“That this Council call on the Government to introduce the necessary legislation to protect the interests of small businesses who are paid considerable sums by concerns who have gone into liquidation.”

Cllr N Collins:  Small businesses are having to act as unsecured creditors.  The law is not on their side.  The banks get personal guarantees, but small businesses are last on the list to be supported.  Revenue Collectors are preferential creditors.  There must be change in relation to trade creditors and limited liability.  Small business owners struggle with accessing loans, premises, rates, etc.  Asks the manager whether any progress has been made on rates reform at government level.

Agreed and seconded.

18.  Notice of Motion: Councillor Pat Buckley:

“That this Council write to Irish Water and request that a compensation scheme be put in place for householders living in hard water areas.”

Cllr Buckley (SF):  In the year 2000, the Water Framework Directive was passed to improve water quality.  There has been no improvement to date.  East Cork is suffering from bad water.  Water is so hard that in one house, 4 washing machines and 3 shower units have had to be replaced.  If it is causing this damage to appliances, what must it be doing to pipework.  It also reduces the efficiency of appliances because of scale build-up, so there are more costs on electricity.

Cllr N Collins (Ind):  Seconds and fully supports proposal.  Asks that we might also add for a compensation scheme for those who suffer from irritable bowel syndrome.  It is proposed to reduce the size of the toilet cistern to 2.5 litres per flush.  Often with irritable bowel syndrome you have to flush again.

Cllr M Hegarty (FG):  Supports both proposals.  Hard water is a major problem.  Costs houseowners a lot of money in replacing appliances.  Believes some grant needs to be given to hosueholders to either replace appliances or to provide a filter.  Appropriate filters are not cheap.

Cllr Murphy O’Mahony (FF):  Own town of Belgooly is in a hard water area.  Applicances have to be replaced regularly.  Suggests that reduction in charges the way to go.  Rang Irish Water this morning and was told a report is coming and that people can make submissions.

Cllr B Moynihan (FF):  Wants to raise issue of water quality in Ballydesmond.  Supports motion.

Cllr K Murphy (FG):  Supports motion but thinks very hard to administer.  Should be looking and requesting Irish Water to grant aid Cork County Council a water softening plant.  Would be an absolute nightmare to try to do rebates on charges.  Much easier to make sure that water would be usable at source.

Cllr O’Keeffe (FF):  Prefers individual approach.  Supports Cllr Buckley’s motion.  Have written from N Cork many time about this issue.  Is there a grant system available in a related field which could be used here?

Cllr Lombard (FG):  Very important motion.  CER key to this.  We need to be corresponding with CER as a County Council.

Cllr Dawson (FG):  Has to disagree with Cllr Murphy.  Hard water needs to be treated in the house.  The problem Is when you heat the water, it releases deposits.  (Gave a really good explanation.) So treating it at source is not good enough.

Cllr Mullane (SF):  Mallow has two treatment plants.  One delivers hard water and one delivers soft.  At the moment, those on the soft water have been switched to hard and they are really noticing the difference.

Mayor: CER had a public consultation.  Thinks it would be good to write to Irish Water as well.

Cllr Buckley (SF):  We don’t have control over water or wastewater any more.  He has contacted Irish Water but cannot get a response to his questions.  They will not engage.  But they will talk all about the installation of water meters.

Agreed to write to Irish Water about the issue of hard water.

Cllr D’Alton (Ind):  There are two issues here.  Cllr Collins also raised the issue of those suffering from IBS.  People such as these were supposed to be a special category called vulnerable users – people who for medical reasons need more water than normal.  Those vulnerable users have never been defined.  So we need to also write and ask for definition of the medical conditions that categorise someone as being a vulnerable user and to include IBS in that category.

Agreed to write about this also.

19.  Notice of Motion: Councillor Michael Collins:

“That the Cork County Council call on the Minister for Transport to seek immediate funding for improvements to the N.71 from Cork to Glengarriff via Clonakilty/ Skibbereen/ Ballydehob for long over due improvements and also the R586 Bandon to Bantry Via Dunmanway for immediate improvements also.”

Cllr M Collins (Ind): People in West Cork pay their motor tax same as any other road in Ireland.  Would like to like to ask the Minister to come to see the condition of West Cork roads.  If he cannot come, we will send a delegation.

Cllr Carroll (FF):  Improvements to this road were debated well at the last meeting.  We agreed that a deputation would go to the Minister.  How are we with setting up the deputation?  Supported motion.

Cllr Murphy (FF):  Supporting motion.  Was given good airing at last meeting.  Serious underinvestment over many years.  Joke to call it a national route.

Cllr K Murphy (FG): Supports but thinks we should just include the whole of the N71 from the Bandon roundabout all the way to West Cork.   Gives very bad image coming out of the city.

Cllr Hurley (Ind):  Thinks we should get the minister down.  All very well to go to Dublin, but the Minister needs to see the condition of the roads in West Cork.  We are losing the battle for roads in West Cork.

Cllr Lombard (FG): Any update since the last meeting?  Also thinks County Engineer should have a list of infrastructural needs that we could bring if we were going to Dublin with that deputation.

Cllr Hayes (SF):  Supporting.

Cllr Mary Hegarty (FG):  Supporting.

Mayor also supporting.

Cllr R McCarthy (SF):  Wondering what the communication is between the NRA and the Cork County Council?

CE:  All the NRA works are done through the NRA design office which is based in Cork and staffed largely by Cork County Council personnel.  Can get someone to contact Cllr McCarthy on the issue she raised.

20.  Councillor Des O’Grady:

“That Cork County Council expresses its deep concern at the ongoing violence in Gaza, in particular, it’s anger at the disproportionate use of military force by the Israeli Government and the IDF against the people of Gaza, which has resulted in the deaths of over 576 persons, the overwhelming majority of them Civilians, with more than 25% of them being children, and which have included atrocities such as the attack on the Al Aqsa Hospital.

Cork County Council therefore calls on the Irish Government to expel the Israeli Ambassador as an expression of the outrage felt by the Irish people.”

Cllr O’Grady (SF): Each life lost is as important as the next.  All death is a tragedy.  But we cannot excuse Iraeli actions.  They say they have a right to defend themselves.  Do the people of Gaza not have the same right?  The people of Gaza have been under assault in some way for the last 7 years.  Israel has put the people of Gaza under siege.  This is now supported by Egypt.  Placing the health of the Gaza people under severe pressure.  Palestinaian children in Gaza suffering horrendously.  Malnourishment, stunting, etc. Increasing.  Nutritional deficiencies in children, especially due to lack of clean water.  Anaemia big issue, including in pregnant women.  Anaemia contributes to 20% of all maternal deaths.

The media failed to note the uneven distribution of power and suffering.  There is a Palestinian narrative that must be given equal airing.  The Israeli Prime Minister claimed that the Gaza Palestinanians one of the great injustices of the modern era.  Many have lived in refugee camps all their lives.

1.65m people living in the Gaza strip.  Refugee camps have one of the highest population density in the world.  Population also young.  Soft target for the US army.  The UN Hugh Commissioner for Human Rights said that last week that Israel may be violating international law.  Urges all parties concerned to respect their obligations under this international law.

Ireland abstained in its vote last Wednesday.  Thinks our government is not defending the civilian popuation of Gaza.  Accepts to expel the Israeli asmbassador is an unusual step but  believes it essential to send message to Israeli government that its treatment of the Palestinians is totally unacceptable.

Cllr K McCarthy (SF):  State terrorism.  Israeli spokespeope say Hamas are shielded behind innocent people.  We can hope it will all go away or we can back it up.

Cllr Desmond (FF):  Condemns the government’s abstaining from the vote.  It wasn’t a one-sided thing – it was to have been balanced.  It is dialogue that is needed to solve this crises and so thinks expelling the ambassador is probably not a good thing to do.  Asks that the Minsiter would be asked to officially summon the ambassador to convey the feelings of the Irish people directly to the Gaza Minister.

Cllr O’Keeffe (FF):  Always two sides to every story.  Concerned about expelling.  Agree with sentiment but maybe the action is too heavy handed.

Cllr Harris (Ind):  Broadly in favour of the motion.  Wants to make sure we don’t come across as anti-Semitic.  So should be addendum that similar caution should be given to the Egyptian government.  Feels the responsibility is on Israel to exercise restraint because it is the stronger military force.  We have to include the Egyptian ambassador in that.

Cllr Doyle (FF):  Second Cllr Desmond’s proposal.  Thinks dialogue more important than sending people home.  All disgusted by atrocities.

Cllr Lombard (FG):  Very important motion.  One of the biggest worldwide issues.  1.7m people trapped into an area one eighth the size of Tipperary. Have to have great concern about it.  As a nation, we’ve seen how we can learn from the troubles in Northern Ireland.  We had the opportunity to learn from this.  Talks solved the problem.  We have always been suportive of the people in Gaza with aid, etc.  We should be talking – building bridges.  Expelling the ambassador will do nothing for the people in Gaza.

Cllr K Murphy (FG):  Sympathy to people in Gaza.  Outrageous what is happening at the moment.  So supports the first part of the motion.  But cannot support the second.  Cannot see any benefit to expelling the Israeli ambassador.

Cllr A Moynihan (FF):  Damning indictment of governemnt not to vote at UN last week.  Is tempting to expel the ambassador but thinks hugely important that people would be at the table to create dialogue.  Supports proposal on calling in both ambassadors.  Message is we want to keep the channel open.

Cllr Forde (FG):  Congratulates Member on putting down the motion.  Would have been more impressed if there had been an equal motion down about the atrocity in the Ukraine last week.  If we are going on a principle that we cherish and need to protect peace, is all for it.  The only way to move forward it through dialogue.  Need to give the people in Israel an opporunity to do that.  Hamas also has a responsibility here.  Hamas built those tunnels knowing there was going to be a response.

Cllr R McCarthy (SF):  Thinks we cannot support one part of the motion without the other.  Protest in Bandon last Saturday.  Some attendees were political, some were not.  Was well attended.  Is also a mass in Kinsale coming up in support of the people in Gaza.

Cllr O’Laoghaire (SF):  Very significiant action to expel an anbassador.  But onus on international community to lay down  a marker.  Israel has got major funding for arms and defences.  Yes we can assist in the facilitation of dialogue but that dialogue hasn’t happened.  We have an opporunity to show that their actions have consequences.  Context is that Israel has been acting against international laws and norms.

Cllr M Hegarty (FG):  Asking Cllr O’Grady to have a rethink on the text of the motion.

Cllr J Murphy (SF):  One of their own ministers said that they want to specifically target women and children.  Completely supports the motion.  Need to send clear message that Ireland will not tolerate slaughter of innocent children.

Cllr McGrath (FF):  Long running dispute which has reached critical stage.  Agrees that government stance last week was highly regrettable.  Thinks the national parliament, not the local authorities should be discussing this issue.  Will be calling for the Dail to reconvene to discuss this.  Is not the only atrocity in the world today.  Exclusion does not work.

Cllr Coleman (FF):  Shocked that the Minister completely missed the mood of the Irish public.  Negotiations and discussions always seem to back the Israel side.  High time Europeans adopted their own position – not the American position.  Hopes the Parliament is recalled this week and the situation is righted.  Thinks would be a strong step to ask for the expulsion of an ambassador.

Cllr O’Grady: Will not accept the amendment.  Appreciates that most agree with the first part of the motion and thanks them all for that.  This is the 3^rd time since 2007 that atrocities have arisen here.  What about Ireland having an indpendent foreign policy?  We used to.  It will not harm dialogue if the ambassador is expelled.

First part of motion agreed by everyone.  But Cllr Desmond’s amendment to the second part was voted on.  The amendment was agreed (28 – 11).

21.  VOTES OF CONGRATULATIONS (if any)

Cllr O’Laoghaire (SF): – ?
Cllr Hayes (SF) – Model railway village celebrating 20 years of opening.
Cllr MF Murphy (SF) – Passage West Rowing Club on County Finals
Cllr K Murphy – Hurling

22.  ANY OTHER BUSINESS

Cllr MF Murphy (SF):  Delighted to see planning notice put in for pontoon in Passage West.  Thinks down to the hard work of River Users Association.  Also doesn’t see the Passage West garda station listed in the Council Tenants Handbook.

Mayor: This is an issue for the Southern Division.

Cllr Carroll (FF):  Japanese Knotweed – Please provide a progress report with regard to its control.   It is going out of control.

Cllr Forde (FG):  Asks that the male members would not wear very strong deodorant.  Affecting her asthma and others with similar conditions.

Cllr O’Grady (SF):  CE said he would revert to the value of land – from last minutes of meeting.  Also NAMA housing.

CE:  LAG – €53 million worth of debt on books.    Still working on NAMA housing.

Cllr Linehan-Foley (Ind):  E Coli warning on Youghal beaches.  Shocking seeing as Youghal depends on tourism so heavily.  Is there any system in place in the summer months that water quality could be checked every 2- 3 days.  So that as soon as it clears it can be given the all clear?

CE:  As a result of a number of tests there were raised incidences of E Coli detection, Youghal being one of them.  Being tested again today.  Have 10 tests every 2 weeks for blue flag beaches.  Other beaches done 5 times in that period.  But today’s samples will go back for testing within 24 hours.

Cllr Linehan-Foley: What was the cause of the E Coli detection?

CE:  There is still raw sewage going into the harbour there, so it could possibly have come from that.

Cllr Mullane (SF):  Public submissions to motions on property tax.  Notice was published last Friday on Examiner.  Would management please get a copy of the advertisement circulated to all Members?

Present: Maurice Manning (Corporate Services), Declan Daly (Director of Services, Environment), Ted O’Leary (Senior Executive Officer)

Allocation of Community Fund 2014

Details of grants awarded under the Community Fund and Community Contracts were circulated to Members.   There were 46 applications in total, 16 of which were better for Amenity Fund scheme.  9 applications were not deemed appropriate.  There were 6 applications for community contracts.  All were successful.

The Amenity Grant Scheme will have a closing date of 30^th September.

Will circulate applicants who weren’t successful.  The primary reason for not providing funding to some groups is that they just don’t have sufficient matching funding.

In response to Cllr Harris: Douglas Hall – there is already significant funding in place to enable that project to take place.

In response to Cllr McCarthy (FG): The Midleton My Place project has had significant support from CCC and Midleton TC in the past so was not supported this time.  The fire station building was belonging to CCC originally.  Midleton TC gave the project €70k.  This was well in excess of what would normally be granted through community fund.  Cllr McCarthy agreed, but said they got this funding through TC.  Also pointed out that the My Place project had to purchase the fire station building from CCC.

Cllr Buckley (SF): Is it possible for Midleton My Place to go back in for funding next year?  Once the Town Council gave all its funding, the assets all fell back to CCC.

Maurice Manning:  Any project can apply any year.

Environment Directorate Report

Ted O’Leary read through the Environment Directorate Report.

There are 53,000 registered septic tanks in County Cork.  There are probably 58,000 in total.  CCC has been allocated only 99 inspections up to the end of June because the national programme is still in pilot project phase.  When it moves from pilot, the number of inspections required will likely jump.
Questions

Cllr O’Laoghaire (SF):  Wants specifics on air and noise non-compliances.  What about Slatty Bridge transfer to Irish Water?  Does CCC generate any renewable energy?

Cllr Moynihan (FF): Septic tank inspection programme.  The 61% failure rate is high.  The 15 systems with the major non-compliances almost mask the other problems, eg the roof water issues will need significant sorting out.  The fact that there is only 17% addressed at this stage suggests people are struggling with the scheme.  What figures are available for grants?  Will the CCC be involved in getting figures for that?

Dog licences – lifetime licence.  Cost will be an issue for many people.  What efforts are being made to promote this?

Cllr O’Grady (SF):  P5 – pH indicators telling us that there are exceedences.  In Crookstown there is lead piping from mains into the houses.  If acidic pH, this would make problems worse.

P 10 – 2 inspectors for septic tanks now.  How many more staff will be needed when the programme kicks in?  At risk areas within the zones.  Could we be informed as to where these are?

Macroom wwtp non compliances?  Talk about these.

Private wastewater treatment plant non-compliances – what about penalties?

Cllr Creed (FG): Quality of the water in Crookstown is abysmal.  Complaints come in all the time.  We have had reports saying safe but residents are still worried.  Is there any plan for putting in new system?

Septic tanks – There is a grant scheme in place for septic tanks that fail.  Fail rate may be 61% but once the desludging figures are taken out, the failure rate is much lower.  Thinks public wants to get on this scheme.

Cllr Canty (FG): People are on all the time about the taste of the water.  Trying to kill the taste with additives.  Has to be a fierce upgrading of Inniscarra.  With low level in the lake at present, you can see the growth of algae in the water.

How many crews do we have working on the ground at present in relation to repairs?  People were out for 3 days on the Model Farm Road with no available crew to sort them out.  Water will discolour when reconnected.  Are people going to have to pay for this discoloured water?

Fluoride issue has to be dealt with.

Dog licences – can something be done in the Regional Park in Ballincollig?  People open their doors and let the dogs out.  We have signs up but people are not obeying them.  Dog wardens were out there for a few mornings and then disappeared again.  People asking for permanent dog warden.

Welcomes Green Schools programme.

Cllr Harris (Ind): Domestic waste service handed to CountryClean.  The number of people falling through the cracks is getting worse and worse.  Any emergency service part of CountryClean contract?

Fluoride in water is indeed becoming a major issue.

Cllr Barry (FG): Littering and fines – are the rates the same as last year?

Horses – 53 trips where no horses were collected.  Why?  Notes €450 reimbursed from the Dept but the service is costing €710 per horse.

Cllr Conway (Ind): How often are inspections carried out in municipal wastewater treatment plants?

Cllr Forde (FG):  Clean up jobs – do we have a cost of those?  Knows very difficult to catch these dumpers so fines income not great in this area.  People need to be made aware of what this costs.  People who are dumping are costing each and every one of us money.

Public drinking water – fluoridation – review due before end of year.  Guidelines say that we MAY have fluoridation.  What is the current position in relation to CCC on that

Cllr D’Alton (Ind):  In 2009 the DoE asked that all local authorities make water quality data available on their websites.  To be current to within a month.  Most recent on CCC website is Nov/Dec 2013.  Will this be a CCC responsibility going forward or will it be transferred to Irish Water?

Explain why 5 Blue Flags were lost on South Cork beaches last year, even though weather was good?

How does the CCC Agricultural Inspection Programme dovetail with that of the Department of Agriculture?

Private wastewater discharge licences – clear that not all visits involve sampling.  Also high % of non-compliances.  What parameters are generally non-compliant?

Civic amenity sites – would like figures for tonnages going back 12 years.  Believes charging structure at civic amenity site gates may have affected their popularity and is contributing to fly tipping.  Would like to investigate.

Horses – how many spaces do you have for horses in the pound?  How long are they kept alive?

Cllr Buckley (FG):  Al indicator in Midleton.  Al tastes bad.  How does Al get into the system?

Cllr McCarthy (FG): Recyclables – there are a few bring sites in the area that are run by CCC but Whitegate doesn’t appear to have those facilities.  Have tried to get in contact with Liam Singleton but he doesn’t seem to do the phone.  Maybe email?
Answers (Ted O’Leary)

David Keane (County Engineer) is in charge of water services directorate.  The environment directorate is involved in monitoring only.  So the questions on crews, fluoride, etc. must be answered by the water services directorate.

To Cllr O’Laoghaire: Noise and air pollution – licences issued under the Air Pollution Act relate to emissions from chimney stacks.  Also includes certain industries who are licensed for the purposes of noise.  Main involvement in relation to noise is generally responding to noise pollution complaints.

Doesn’t know if CCC generates electricity.  Will ask Pat Farrell, SEE of the Energy Unit to reply directly to Cllr O’Laoghaire.

To Cllr Moynihan: Non-compliances are not straightforward for householders to deal with but the timescale given to householders to address the problem is quite long.  Relatively early days – inspection programme started only in the latter half of last year.  Usually 12 months allowed to address issues raised.

Is grants scheme available to people who have been inspected and registered?  Yes, to a max of €4.5k.  CCC processes applications but doesn’t have data on what is awarded.  Will include this in reports going forward if required.

Dog licences – not aware that lifetime licence is promoted over the annual licence.

To Cllr O’Grady: Septic tanks – there are more than 2 staff doing inspections.  It is being undertaken by staff in agricultural team.  The director will have to see how many staff it will need when the full programme kicks in.  Currently we have had teams of 6 people going out.  It will be a slow and person-intensive process.  Takes on average half a day to do an inspection.

High risk zones – we are guided by EPA guidance documents.  This document is on public record.

Macroom wwtp – cannot comment on operational specifics.

Taste issues and repair crews – for David Keane.

In response to Cllr Canty: Dog fouling in Regional Park – dog wardens have been assigned to the area for periods in the past.  Will take it up with the veterinary dept to see can it be patrolled in the short-term.

In response to Cllr Harris: There was a transitionary waiver scheme in place in the initial phase of the tranfer of waste collection to County Clean.  That is no longer available.  The waste collection business was actually sold to Country Clean, not outsourced.  Company said that they would honour waivers for 2 years.  This is long gone.

In response to Cllr Barry: No information to hand on number of litter fines.

In response to Cllrs Barry and D’Alton on horses – vet safety dept who oversee this legislation.  Recession has had impact on horses collected.  Numbers this year are up over last year so remains a problem.

Number of spaces in horse pound – does not know but has sufficient capacity to deal with problem at present.  Finance does come into this because subvention from Dept of Agriculture does not cover.  Doesn’t know specific time period for keeping horses.  Relates to whether people reclaim them or rehome them.

In response to Cllr Forde: Clean up figures not to hand.

Declan Daly: Last Council passed a motion saying they didn’t want fluoridation.  Wrote to Dept of Health.  The Dept of Health wrote back saying that the national national position had not changed and so the CCC went on fluoridating.

CCC operates as agents to Irish Water.  If we get an instruction from Irish Water to add fluoride, we have to.

In response to Cllr D’Alton: 5 Blue Flags lost – criteria relating to beaches has tightened up.  Last year although the weather was good, the non-compliances were caused by heavy rainfall earlier in the year.  Some of the Blue Flags were lost because of municipal wastewater treatment plants in the area.  These issues take time to address.  Also need longer clean period now before you can requalify.  Need 12 months or more before you get Blue Flag status back.

Private wastewater treatment plants – sizes of commercial activity vary and parameters are specific to activity undertaken.  Monitor by reference to programme that we set out at the start of the year and communicate programme and results to the EPA.  LIcence holders frequently required to do their own monitoring as well.  Will give more details on private wwtps next time round.

Civic Amenity Sites – tonnage figures are available, although they have been somewhat effected by the economic downturn.

Irish Water will make information available about public water quality.  Not CCC any more.

In response to Cllr Buckley: Al is added in salt form to purify the water.  The coagulant settles out so this is where Al in the water may be coming from.
Supplementary Questions

Cllr O’Laoghaire (SF): Noise questions asked were specifically in relation to Ringaskiddy.  Also Slatty Bridge?

Cllr Moynihan (FF): Very low rate of 17% where people have been able to do work on their septic tanks.  These are surely the quick fix.  People are finding it difficult to find the several hundred euro to get the desludging done.  Why are we only getting a half year figure?  Rate of septic tank inspections seems to be going down, not up.

Cllr Barry (FG):  Litter fines – rates?

Cllr O’Grady (SF):  35 non-compliant samples – is there a penalty involved?

Cllr D’Alton (Ind):  Previous minutes indicated Guidance Document on Septic Tank National Inspection Plan was distributed to Members.  Can new members have this?  Also how long before septic tanks needing addressing are rechecked?

Also explain interaction between CCC Farm Inspection Programme and Dept of Agriculture programme?

Cllr Linehan-Foley (Ind):  How many litter wardens are in East Cork and County?  There are major issues with fly tipping.

Cllr Cullinane (Ind):  Confirms a letter went from this Council on fluoridation.  We made a decision to send that letter back again to say that we weren’t happy.  Understood from the water briefing that we still have role to play.  European Food Safety Authority is putting pressure on at moment.  Quality of Irish exported food is paramount.  It will be affected by fluoridation.  We need to keep the pressure on.   Need to clarify exactly what our role is as CCC.

Answers (Ted O’Leary)
In response to Cllr O’Laoghaire:  Have to check about Slatty Bridge with Pat Farrell.

In response to Cllr Moynihan:  Wasn’t suggesting that people didn’t find dealing with septic tank programme difficult but was showing that people are being given time to deal with any issues raised.

In response to Cllr Barry:  Rates of litter fines are set under the Litter Acts.  There is a range of minimum and maximum fines depending on the offence.

In response to Cllr O’Grady:  Non-compliant samples – don’t have specifics on the 35 non-compliances.  They are followed up by way of enforcement.  Will provide more detail on the nature of the non-compliances for the next report.

In response to Cllr D’Alton: Agricultural programme – there has been a lot of interaction between the Dept of Ag and the CCC to ensure sure that there is no duplication.  Is a protocol in place to ensure communications place between the two agencies.  Dept of Ag try to structure their programme to match that of CCC.  We had to reduce our Farm Inspection Programme to support the Septic Tank system.

In response to Cllr Linehan-Foley:  There are 3 litter wardens across the entire county.  But the old Town Councils would have had litter wardens who performed traffic warden duty also.  These personnel are being retained, although their jurisdictions have been expanded.  All the traffic wardens are assigned functions under the Litter Pollution Act.

In response to Cllr O’Laoghaire: Noise – By and large for staff resource reasons we stay out of residential to residential complaints.  That is in keeping with EPA guidance.  Predominantly complaints we deal with relate to commercial undertakings.  We try to leave enforcement as being the very last option.  We try to substantiate the claim.  Take it up with the alleged offender.  We find in general that the majority of offenders take steps to address/mitigate the issue.  Noise is a very subjective thing.  No specific limits.  The law of nuisance applies.  To prove a nuisance, you have to have a householder prepared to stand up in court.  Householders do not always want to do this.

In response to Cllr D’Alton: Environment Directorate has scientist with expertise in noise monitoring.  Have taken in consultants on occasion to do independent monitoring.  Didn’t check the Ringaskiddy record before we came out.  Haven’t had a significant number of complaints about noise from Ringaskiddy.

 

NOTICES OF MOTION
by Councillor Noel Collins

(i) “Council report on what powers, if any, are in place to take action where houses in residential areas are left unoccupied for years and cause and great nuisance and dampness to neighbours, in view of the fact that the derelict sites legislation cannot be currently used if the house is basically intact.”

(ii) “Resulting from the major increase in population figures in the Midleton region, Council report if the capacity of the Reservoir in Broomfield is adequate to meet the demand and what proposals, if any, are envisaged to expand the Reservoir. ”

Maurice Manning: In relation to motion 2, CCC recognises the importance of extending the water main to Midleton.  Determined to have this reincluded in the capital programme.  This will be required for Midleton development.  CCC has contacted Irish Water to make sure it goes on their programme.

Present: Kevin O’Regan (Municipal District Officer), Maurice Manning (Director of Services), Madeline Healy (Area Engineer, Carrigaline Area Roads Office)

Chair: Cllr Deirdre Forde

Report on Douglas Woollen Mills Car Park

Cork County Council has notified the owner of the site that they will be terminating the lease.  The lighting, CCTV, kiosk, etc are to be removed in an orderly way.  The site was unsuccessful as a car park.

Cllr O’Laoghaire: Some business owners said that they were afraid to use the car park.

Cllr Collins: That particular car park wouldn’t have been used even if the car parking was for nothing.  The area was a problem.  The fact that it was paid parking meant that it was even less attractive.  The distance from the main street in Douglas was also a huge problem.

Cllr Forde: Such a pity it wasn’t a success.  People did not want to walk.  Accept may have felt unsafe at nighttime.  Entrance wasn’t ideal.  The trial is a cost to be borne – we must accept that.

Cllr D’Alton: It is such a shame that this didn’t work.  There clearly is a demand for long-term parking in Douglas.  The roads closer to the city are destroyed with cars during the day from people parking to get the bus.

Maurice Manning: The need for long term parking was identified as one of a package of measures for control of parking in Douglas.  Demand for long-stay was identified.  Believes the demand is still there and if a suitable alternative can be found, they are happy to look at it.  There is no penalty for getting out of the lease.

Cllr Harris:  Is there any commercial benefit to the publicans in the area for taking it over?

Cllr Forde: Has spoken to publicans.  Trouble is, it’s owned by someone else so we can’t very well offer it to anyone else.  CCC is only a tenant.  People just didn’t want to use it.  When the bridge into the city is erected (to Kinsale Road) it might have come into its own a little more.

Kevin O’Regan: Will ask Peter O’Donoghue to get figures on how much has been spent.

To consider the following Notices of Motion in the name of Cllr. Seamus McGrath:

“To seek approval from the committee to instigate the formal process for amending the Douglas Pay Parking Bye Laws as follows:
a) To introduce a system whereby the first hour of parking is free of charge.
b) To allow residents within the Douglas pay parking area to park within the same time limit zone as their property is located, by virtue of their parking permit”.
c) That parking charges would not apply after 6pm as opposed to 6.30pm.

Cllr McGrath: How do we go about amending the bye-laws.  Traders and business people have a huge problem with the system of pay parking currently in Douglas.  It is a deterrent for people going into the area.  Traders are competing with shopping centres which are providing free parking.

Cllr Desmond.  Lives in Douglas.  Sees the effect it is having on the businesses.  Douglas is paying the price for what was badly handled day one. This issue of pay parking went to the SPC 7 months ago now for deliberation.  There has been no progress.

Cllr O’Laoghaire:  We spoke to businesses locally.  Very concerned with the impact on them.  Also concern in terms of how it is being managed.  Also spoke in support of people being able to park outside their own homes.

Cllr D’Alton:  Supports very strongly what the previous members have said.  Also from Douglas and can speak personally of how impossible the pay parking makes doing business in the village.  Reads from the Local Government Reform Act which states the powers of the municipal districts (MDs).  Clearly states that pay parking is something the MD can decide for itself.  So can see no reason why the CE wants us to wait while the SPC works up a countywide policy.

Cllr Collins: 3 different situations in 3 different urban areas of this MD.  Carrigaline has no pay parking, Ballincollig has more leniency and Douglas has a very strict regime.  Suggests that we need an overall approach and thinks we need to agree a strategy for all the 3 towns.  Some people look on pay parking positively because they believe that the money collected returns services to their towns as it did in the days of Town Councils.

Cllr Canty: In Ballincollig, there is 1 hour free on the main street, 3 hours free in the car park.  Have traffic warden.  Will have to look at it right across the municipal authority area.  Then we have to go to the Council with it once we have decided amongst ourselves.  Some of the money is supposed to go back to the area it was raised.  Traffic warden is brilliant.  Ballincollig is happy the way things are.  Only problem is, the regime tends to drive long term parkers off into the estates.

Cllr Harris: Very well thought out motion.  Totally disagrees with Canty and Collins that we have to do a pay parking scheme across the board.  Douglas is like living in a police state.  Fines are a joke.  €60 of a fine off people on €200/week.  Mothers trying to drop off kids, drop back stuff.  Fine increases if you don’t pay.  No point in having a money spinner if it is going to cause that pressure on people.  The fining system doesn’t define who has income and who doesn’t.

Cllr O’Donnabhain: Residents are now being prosecuted for contravention of the bye-laws.  Have to address this.

Cllr Forde: Big issue around Douglas has been a period of free grace.  Has no issue with the 3 points that Cllr McGrath has raised.  Don’t know whether we can decide today.  St Columba’s terrace is happy – they can access their houses.  So it is bringing some benefits.

Maurice Manning: Members are familiar with all of the reports that have been given about pay parking.  Unanimous view amongst the members that how it operates in Douglas needs to be reviewed.  CE asked about where the responsibility lay.  Legislation is very clear.  If pay parking bye-laws are to be amended, Cllr D’Alton is correct and the Act says it will be the MD who will do it.  But the DoE has brought in Regulations since to support the Act and CE thinks that pay parking would be one of those issues to which the Regulations refers which gives rise to inconsistencies.  If we want to send it to CPG we can or else we can wait.

Cllr Desmond: Where is the consistency element starting and ending?  Within our own MD, we have inconsistencies?  Does Douglas have to pay the price whilst we wait to iron it out?  If something is not working as in the case of the Woollen Mills, we pull out.  This is not working either.  People already affected by flooding and got no rebate on rates.

Cllr McGrath: This is a test of the MD.  We were told that parking bye-laws were one of the key issues.  Propose that we instigate the formal process.  Thinks overall county wide review is a flawed process anyway.  Thinks would be impossible to get a solution that fits all situations.  Not inconsistent at all.  We’re trying to relax the Douglas parking situation, thereby creating consistency.

Cllr Harris:  Doesn’t understand the CE’s opinion.  Would not try to second guess people in Ballincollig.  Why would they try to do the same to people of Douglas.  There is an atmosphere of intimidation in Douglas, it is a no go area.

Cllr Collins: Agrees with Cllr McGrath.  Have to force the issue.  Maybe by putting it before the SPC in September, we are forcing the CE’s hand.  It’s not just because of pay parking that places are closing down.  It is economic reality as well.

Cllr Canty: I proposed way back that it would go to SPC.  What Cllr McGrath has suggested is just rational.  Will be January by the time it comes onto the agenda.

Cllr O’Laoghaire:  Too much is being made of consistency.  Nobody mentioned Passage and Togher when they were listing out the towns in the MD.  There are different needs across all three areas.

Maurice Manning: The SPC was asked to develop a set of guidelines across the County.  It will be back on their agenda when they meet in September.  It is a separate issue as to where the guidelines will be implemented.  The guidance that is being developed is about where pay parking is at present.

Cllr Harris: Why should we refer it to the CPG?

Maurice Mannning:  CE saw it on the agenda and said it would be inconsistent if we passed it here.  Accept or refer to CPG.

Cllr O’Donnabhain: Motion refers to what is current and happening.

Cllr D’Alton:  Cannot understand how when bottom up approach has been recognised all over Europe as being the most sustainable approach to local decision making that we have to wait for policy to come to us from the top.  Better to decide what our agreed policy is and present it to the CE, not wait for the SPC.

Cllr Collins agrees we should put it on the agenda.

Maurice Manning:  If we pass the motion today, it goes to the CPG.  The CPG adjudicates and reports back to the MD members.  IF the CPG accepts what we say, then it comes back to us for decision.  If the CPG agrees with the CE, then we’ll have to wait for a  countywide policy.  It is true that pay parking is a MD function but the Act has been developed by the Regulations.  But pay parking cannot be introduced in any towns unless the MD introduces it.

Cllr O’Donnabhain: Motion looks to modify an existing situation.  What are the CE’s powers to veto a motion passed here?

Agreement that it would go to the CPG.

(ii) “This committee requests that contact be made with Utility Companies to remove disused poles in Shanbally Village”.

Madeline Healy: Doesn’t think there is any issue with that.  MD Committee will write.

(iii) “Given that residents in Douglas affected by the 2012 flooding incident are now paying significantly higher Insurance premiums, to request a written report from the Council in response to this unjustified situation”.

Cllr McGrath: Has been contacted by residents in St Columba’s Terrace.  Their insurance premiums are significantly higher this year than before the flood event.

Maurice Manning: There is a study of the Ballybrack Catchment underway.  If there are proposals arising out of that, CCC will convey the details to insurance companies.

Cllr Forde: Insurance premiums fall due at different times and this is one of the problems.  CE says that if an insurance premium jumps dramatically, to refer it to him.  While there are court cases ongoing as a result of the flooding, reports cannot be accessed.  Manager said at the time that CCC would contact the Insurance Federation if it was necessary.  He said he would also give assurance of ongoing flood management measures and maintenance by CCC.  Manager did advise that the Douglas flooding was a one-off event.

Suggested CCC would renew contact with the insurance federation to try to reduce premiums.

Picnic tables in Passage West

Cllr Murphy: A proposal to install three picnic tables was passed by Passage West Town Council.  Then we agreed after the residents complained that we would settle for two.  What is happening?

Kevin O’Regan: One resident quite vociferous and says would be willing to take legal action should the picnic tables go in opposite their residence.  Some residents opposite the second location have concerns there too.  If we go ahead it could end up costing the Council a lot of money in defending a court action.

Cllr O’Laoghaire: This location is the best asset Passage has.  Thinks we shouldn’t be overriding the decision of Passage West Town Council.  We need to endorse the decision taken by the Town Council.

There was a great deal of discussion on this issue because it has been contentious locally.  The decision taken by the Town Council was taken in good faith and it was believed that the picnic tables would enhance the area.  But when residents heard of the proposal, they became very concerned and made these concerns known.  The Town Council decided to go ahead with the proposal anyway.

Although Cllrs D’Alton, McGrath and Forde suggested caution and going through a process of consultation on the issue because of the concerns raised by local residents about potential anti-social behaviour, because Cllr Murphy proposed that the tables should be installed and Cllr O’Laoghaire seconded, the meeting concluded that the picnic tables will go ahead.

Marmullane Tennis Club site, Passage West

Cllr Murphy asked what was happening to this site.  It is becoming overgrown again.  There were supposed to have been grand plans drawn up.  So where are they at?

Cllr D’Alton explained that the plans are still there but that the County Council had applied for Sports Capital Funding to obtain sufficient money to go ahead. Cllr Forde said that the site had not been granted funding – the allocations have been made.  Maurice Manning said that none of the Cork County Council projects were awarded funding this year.

Cllr D’Alton said that Cork County Council had taken this project away from the community.  It was a landmark project and they said they wanted to run it.  The community has asked several times could we even run it together in the hope of getting it off the ground but the answer has always been no.

Maurice Manning: Cork County Council is still committed to the project, it is just that funding is the problem.

Derelict sites

Cllr D’Alton asked about derelict sites.  A report on these will be presented to the MD quarterly.

Other

Maurice Manning:  Note that any proposals for economic development should come through the MD.  As the council is currently structured, Economic Development is a county-wide budget.  Whether that will develop to funding streams for specific MDs will have to be seen in Budget 2015.  There is a provision for general allocation for MDs.  If these isn’t a specific budget at local level, that is not to say that there isn’t a similar budget for each MD at a county wide level.  The members will determine what system of funding in this area comes to MDs after the budget.  There will be some discretionary spend at local level.

Cllr Forde recommends that all councillors should think about how we would like to see the MDs evolving.   There is scope within the Act to develop them more.  Thinks MD can be quite powerful.  Good time to press the importance of the Municipal District when we are having our individual meetings with the CE.

Madeline Healy introduces Don O’Sullivan, the chief engineer in the Ballincollig Area.

 

 

 

 

 

 

 

 

These are my notes from the above meeting.  Although they reflect the content of the meeting to the best of my ability, they are subject to whatever inaccuracies may be due to my typing, hearing and interpretation …

Meeting of Cork County Council
Council Chamber, 23/06/2014

1. Confirmation of Minutes of Annual General Meeting of the Council held on 6th June 2014

Minutes of AGM – Cllr N Collins (Ind) wants his name to be noted as dissenting to signing the minutes of the AGM.  He said there was an irregularity in voting rights.  There were 3 contenders and where there are 3, a minimum of 2 votes should  be taken.

A FG representative agreed that it was incorrect and morally wrong that the father of the house should be treated in this way.  Cllr Collins was defeated by just one vote.  He also wishes to dissent.

Sean O’Callaghan advised the Chamber that Standing Order No. 50 dictated how the procedure would be taken.  The grouping system did not apply because the selection was for membership of a committee, not for the election of mayor.

Mayor: Said that standing orders were followed.  Cllr Desmond (FF) proposed and Cllr McGrath (FF) seconded.

2.  Confirmation of Minutes of the Council Meeting held on 9^th June, 2014

Confirmed and seconded.

3.  Votes of Sympathy
Votes of Sympathy (if any) to (i) the relatives of members or employees of the Council (ii) dignitaries of Church or State (iii) members of the old IRA and Cumann na mBan

Cllr Pat Buckley’s father.
Another.

The Council observed a minute’s silence because today is the 29^th anniversary of Air India tragedy.

4.  Disposal of properties
Section 183 of the Local Government Act, 2001:
(a) Disposal of land at Scrahanard, Clondrohid, Macroom, Co. Cork
(b) Disposal of 47 Springfield Park, Cobh, Co. Cork
(c) Disposal of land at Knockanhill, Chapel Road, Kilworth, Co. Cork

All agreed

5.  Vocational Educational Amendment Act 2001
Ratification of the appointment of members of Cork County Council to the Education and Training Board

Mayor needed proposer and seconder for ratification of members proposed at the AGM.

6.  Local Government Act 2001
Appointment of a Member from each Municipal District to the Association of Irish Local Government (voting rights at AILG annual meeting)

Eight party representatives to the AILG were called out.  These were already agreed prior to the AGM.

Appointment of 3 of the above 8 Members as permanent delegates (5 years) to the Standing Policy Committee of the AILG

Three of these 8 were agreed to go forward to the Standing Policy Committee.

7. Western Committee
“That this Council would clarify whether or not the introduction of paid parking is a reserved function of each Municipal District.”

This was an issue that came up at the Western Committee.  Pay parking has been very contentious around the county and members have a desire to address it through the Municipal District Committees (MDCs).  Clarity was sought from the Chief Executive Officer (CEO).

Cllr Carroll (FF):  To not be able to decide whether there is pay parking or not in towns is making MDCs toothless and powerless.  There is a very strong feeling against pay parking in all towns in West Cork.  He is hoping the Council will leave this power with the MDCs.

Cllr O’Laoghaire (SF): MDCs are being brought in on the basis of Putting People First.  The concept was that they would respond to the local area needs.  It has always been questionable how much power they will have but is true that decisions should be devolved as low as possible.

Cllr O’Flynn: The decision on pay parking is a reserve function for the new MDCs as far as he is concerned.  There are two hours free parking in Mitchelstown and Charleville, but pay parking in Fermoy.  He wants to see the situation in all towns equalized.  We need to stand up for rural Ireland.

Cllr Murphy O’Mahony (FF): The decision on pay parking should be an MDC function.  Local knowledge and local expertise is very important with regard to pay parking.  To deny this is to belittle MDCs.

Cllr Forde (FG): We have had much argument about pay parking in Douglas.  There needs to be a certain uniformity of decision-making throughout the MDs.  This issue needs clarification so that we can move forward.  Although there is pay parking in Douglas, there is no pay parking in Carrigaline.

Cllr Fitzgerald: There is pay parking in Mallow and it is very problematic.  The pay parking situation has to be regularized.  People see the MDCs as a municipal authority and will be very disappointed if we do not behave as such.  Universal tickets for pay parking right through the county would be a good idea.

Cllr Murphy (FF): It is a reserve function to decide whether to introduce pay parking or not.  When MDCs were set up, the aim was to bring democracy closer to the people, especially with Town Councils abolished.  We were taken aback to hear that we might not have the power to introduce or otherwise pay parking.  We would like clarity today.  It is very important to respect the reserve function of the MD, where the local knowledge is paramount.

Cllr Mullane (SF): There is privatised pay parking in Mallow.  The privatisation creates the difficulty.  She would like to ask how many pay parkings in the county are privatised?

Cllr Creed (FG): Having read the response from the manager, it appears that the function to create or otherwise pay parking is there but that the function it can be over0ruled by the manager.  He would like to ask the manager to comment on last paragraph of his report to members.

Cllr McGrath (FF):  We need a report from the CEO in advance of the morning of the Council meeting.  We have not had time to read through and study it.  We had all thought that MDCs would have the power to deal with pay parking.  It seems that there is now a clawing back of power from the MDCs.  He doesn’t think the report clarifies the issue at all.  What does “inconsistency” mean?  We need corporate advice on this.  When will the report from the transport SPC be complete?  This was commissioned last December.  Until that report is issued, can we go ahead and propose changes to pay parking within the MDs?

Cllr McCarthy (SF): She wants clarification on the last two paragraphs of the CEO’s report.  It appears to read that if CEO doesn’t like a decision taken at the MD level, it will be overturned.  Is this the way it will always be at a MD level?

Cllr Collins (FG): It is muddying the waters letting to let this issue go further.  He thinks that the pay parking issue needs to be uniform across the board.  Tickets for pay parking should be interchangeable where possible.  If you go to Bantry for a weekend, the tickets you bought in Ballincollig should be able to be used in Bantry.  There is a consequence to doing away with pay parking.  Income, albeit small, will be taken from towns.

Cllr N Collins (Ind): Midleton Town Council was totally opposed to pay parking.  As a former member of Midleton Town Council, he supports this proposal.

Cllr Canty (FG): Welcomes the motion but it has opened a big can of worms.  MDs were going to work on this individually and collectively.  Ballincollig has a traffic warden and allows 1 hour free on the main street, 3 hours in car park.  Ballincollig fought hard for a traffic warden.  There will be no meters or boxes around the town.  Any money made from pay parking was to be put back into Ballincollig.  The business association in Balincollig fought hard to keep this.  It’s not broken, so don’t fix it.  Other towns had pay parking rammed down their throats and they’re sorry now.  He regrets what the CEO has had to say in his report.

Cllr McCarthy (SF): Thinks this is a farce.  According to the CEO’s report, MDCs don’t have the powers they thought they would have.  In Cobh, there is 1 hour free parking.  If the MDC decides it wants 2 hours free, will that be overruled by the CEO?  If this is the case, the whole idea of the MD is a joke.  At only our second meeting of full Council, this is already being exposed.

Cllr Murphy (SF): Businesses in Fermoy town are the second lowest rate payers in the county.  Business people in Fermoy are facing a huge challenge with a potential increase in rates to match that of the county rate.  They will be doubly penalized with the potential continuation of pay parking now that Town Council has been abolished.  If MDCs haven’t got the power to change things as they go along, it is totally unacceptable.

Cllr Murphy (FG): He is unhappy with the response from CEO.  It is totally unclear and everything has a but after it.  He thought the MDCs would be able to have a function in respect of pay parking.

Cllr O’Flynn (FF): This motion is timely with budgets being formed in October.  There is plenty of free out of town parking in retail centres.  Town centres have to compete with these people.  At present, it is cheaper to drive from Fermoy to shop in Mahon than it is to shop in Fermoy.

Cllr Lucey (FG): If the MDCs can’t manage its own local area, there is no point in its existence.  Money from parking in Macroom goes back into local amenities.

Cllr Desmond (FF): Businesses in Douglas are on their knees.  Is there an update on where the report from the SPC currently is please?

O’Sullivan (FF):  Appalled by what is circulated this morning.  No point in going to MDC meetings at all.  Pay parking has been damaging for Youghal.  Beneficial to Midleton not to have pay parking.

Cllr C O’Sullivan (FF): We thought the MDC had reserve functions.  This is a disgrace.  He appealed to the CEO to give us this one.  This is the first chance we have had to exercise reserve function.

Cllr O’Grady (SF):  Are MDCs obliged to bring a resolution to the CPG?  Looks like MDs can’t win whichever way they go.

Mayor: We all thought from legislation that MDs would have power but obviously statutory instruments are making a difference.

Cllr McCarthy (FG):  Pay parking kills business.  Midleton with no pay parking doing is ok.  Youghal with pay parking is struggling.  Concurs that pay parking in town centres gives business to the large multinationals like Tesco.  Do we want to see our town centres completely dead?  This type of decision has to be kept at district level.  When businesses close, the County Council will lose rates.  The County Council must think logically.

CEO: Emotive language has been used in this discussion.  He would like to think that members would respect the fact that his report is based on Regulations.  His job is to advise the members how to operate under the legislation.  He welcomes the opportunity of getting to the nuts and bolts of how the MDs and Cork County Council will perform their functions in future.  There is inconsistency across the county on how pay parking is implemented.  There are differing views across the chamber.  The Regulations are very clear.  The power to introduce bye-laws and making of charges and how to dispose of those charges is a MD function.  The Regulations brought in on 29^th June reflect the fact that in one local authority area, there may be more than one MD.  If the decisions made by the MDs differ from County Council policy, the MD can discuss what they have decided with the CPG.  The MD shall not exercise what its members have decided whilst the CPG is making its decision.  The issue of pay parking will be brought to the Transport SPC.  A policy within which MDs should operate their function on pay parking is needed.  There should not be any change in pay parking arrangements until that policy is drawn up.  After that, the MDs can take their own decision on pay parking.  There is a need for us to grapple with this issue.  Any decision taken at MD level which might impact on the income brought to the CCC must be had regard to.  Regulations also say this.  His obligation as CEO is to bring that to members’ attention.  He thinks his report sets it out very clearly.  If there is any lack of clarity, it is that there is no consistent policy.

Cllr Murphy (FF): The CEO’s response has brought some clarity but it is not satisfactory.  The thinks a one size fits all approach will not suit what is a very diverse community.   Whatever policy the SPC comes up with, let it take cognisance of the huge diversity of towns through the county and not force pay parking on a town that does not have it at the moment.

Cllr Hayes (SF): Our issue is with the Minister, not with the CEO.  The Department appears to be making things up as it goes along.  This is a test for the MD set up.  If we don’t get this one, it is a talking shop essentially.  It seems that the Minister was in such a hurry to get rid of Town Councils, the MDs were an afterthought.

Cllr Sheppard (FG):  Cobh is the only area in its MD bringing in funding through pay parking.  So will all money brought in Cobh stay in Cobh or will it go to all of the MD?

Cllr Mullane (SF): Query on privatised pay parking.

Cllr McGrath (FF): He fundamentally disagrees with what is being said here today by CEO.  Members need the SPC policy within one month.  Businesses cannot wait any longer.

Cllr O’Laoghaire (SF): Points out apparent inconsistencies between front and back page on having to consult the CPG.

CEO: He has to have regard to the overall budgetary position of the whole Council organisation.  Members have to consider what this really means at town level.

As regards the private pay parking in Mallow, any change to the pay parking regime in any town would be a matter for the CEO because he will be charged with operating the pay parking system in the town.

The policy on pay parking has sat at an SPC level since December.  The SPC met only once since then.  He is hoping that SPCs will be up and running by September.  The executive will put whatever resources are necessary to get the policy developed quickly.  It is really down to the SPC to decide the pace at which it wants to move.

Notices of Motion

8. Cllr Bob Ryan
“That Cork County Council prepares a Draft Architectural Conservation Area for Blarney with a view to a Variation of the County Development Plan in accordance with Development Plan Objective ENV 4-8.
ACA designation would serve to protect the unique architectural, industrial and cultural heritage of Blarney and support its role as a tourist attraction of both national and regional significance.”

Cllr Ryan: He introduced the concept of this motion locally and it has received much support from the people of Blarney.  He spoke of the development of Blarney since the 1700s.  No other town or village has all these historical features intact and in such close proximity to each other.  Blarney is of immense value to tourism.  It is important to protect the character and townscape for future generations.  It is an extreme oversight that Blarney has not been designated an ACA.

Cllr Conway (Ind): Supports the motion.  Blarney Community Council put a submission in the County Development Plan to this same effect.  The CEO has recommended in his reflections on these comments that an amendment of the County Development Plan be made to that effect.   He is representing Blarney Community Council himself.  He had been going to speak of this through the County Development Plan drafting process.

CEO: It is his intention to propose the Blarney ACA.  There are strong submissions supporting this.  It needs to be dealt with through the County Development Plan process.  We are near enough to completing a new plan; it should be done and dusted by end of this year.

Cllr. Ryan: Agree with the CEO’s process.  He is happy that he has put it on record that there were other Cllrs prior to this who were asked to put the case for a Blarney ACA to the Chamber and who did not.

9.  Cllr Seamus McGrath
“To request written clarification from the Chief Executive on the opportunity open to members of Council to express an opinion on the current application before An Bord Pleanala by the Port of Cork for an expansion of activities in Ringaskiddy.  Also to request a report on the opinion of Management on this application.”

Cllr McGrath (FF):  There is a perception that there is an unlevel playing field with regard to planning process.  The Port of Cork had ongoing pre-planning consultations with An Bord Pleanala which the community is not afforded an opportunity to do.  He presumes the Port has also contacted the CEO in advance of submitting its planning application.  The community cannot do that either.  He is asking that he might afford the community the opportunity to either meet with him or to put forward their own views prior to his issuing his report.

CEO:  The Strategic Infrastructure Process doesn’t afford an opportunity for the CEO to engage more widely.  (Basically answered as he answered to me last Friday.)

Cllr O’Laoghaire (SF):  Agreed that there is major concern about this application amongst local communities.

Cllr McGrath (FF): Acknowledges that the process does not allow for the CEO to meet with communities, but it doesn’t preclude him from meeting them either.

10.  Cllr Gerard Murphy (FG)
“That the Council ask the appropriate SPC to draw up a proposal to grant aid committees in Towns and Villages in their efforts to provide Christmas lighting.  Cork County Council rate payers as well as the broader community would benefit from such a scheme.  As a county we should do everything to support business in local communities and encourage people to shop locally.  The scheme should be open and transparent taking into account the size of the town and local commitment.”

Cllr Murphy (FG): Towns with Town Councils have generally had help from Town Councils to have Christmas lights.  Maybe pay parking did pay for things like Christmas lights.  These towns also had a different level of rates from those who did not have Town Councils.  It is time to level the playing pitch for all our rate payers within the county.  Our small businesses have to pay for Christmas lights every year to try to make people stay local in their shopping.  A good Christmas can make or break businesses in a town.  It is better to help out like this than by through the big issues like reducing rates across the board.  The CEO has made it clear year after year that reducing rates by even 1% merely rewards the Tescos of the world, not the smaller players.  Maybe through little issues like this we might better be able to help local communities.

Cllr Murphy (FF): Supports the motion.  It is not just in the area of Christmas lighting we could help smaller businesses.  There are other supports that might be there for towns and villages from Town Councils.  He wants to know where we stand with issuing grant aids at MD level.  Various functions within our towns and villages were grant aided by Town Councils heretofore.  Traders are finding things very difficult.  It is important that we give every effort to them to ensure that the end of the year will come good for them.  He thinks we should write to the Minister to have different bands of rates for different types of businesses.  This needs to get to an SPC for policy as soon as possible.

Cllr Murphy (FG):  This motion is timely and worthwhile.  We must look at it as soon as possible.  The relevant SPC won’t be set up before September.  In the meantime, the Council Executive can give guidance on what schemes were available from Town Councils.  Whatever level of funding was there in the past from Town Councils should be followed through.

Cllr Hegarty (FG): This is a very creative motion.  Having come from a Town Council in Bantry, she can attest that Town Councils, who had very small budgets, were also creative.  Christmas lighting is a big attraction for a town.  There has always been a wonderful display in Bantry.  It brought shoppers into the town on 8^th December.  She hopes other things done at Town Council level like twinning will be brought up in advance of the budget in an equally creative way.

Cllr McCarthy (SF): She also came from a Town Council in Bandon which as a former Town Commission did not have the budget to erect Christmas lights.  The CPG might decide whether and which it SPC to send this to for policy development.

11.  Cllr Noel Collins
“That this Council, due to the chronic shortage of social housing, request the Department of the Environment & Local Government to make additional funding available for the provision of sheltered housing to non-profit Housing Associations for the elderly and others.”

Cllr Collins (Ind): The shortage of housing is a major problem.  He has many such cases at weekly advice clinic. Non-profit housing associations manage 4,000 houses throughout the county.  Sheltered housing is a source of security for the elderly with safety securities in place.  Homelessness has a variety of causes.  The disposessed become wholly reliant on the state.  The State cannot cope.  Some 90,000 households are on the social housing list.  The gap between supply and demand continues to widen.  The number of social houses being built each year is going down.  Tenants must top up the state contribution on rent allowance.  For many, renting has become less and less affordable.  Sheltered housing answers so many of the value for money questions.

Cllr Murphy (FG): Supports the motion.  Members have spoken about this motion several times before.  Those voluntary associations have got substantial funding and our tenants benefit from the units they offer.  Since the demise of funding for housing associations, it left a huge void in the area and a huge number of people without housing.  There are fewer and fewer houses available, not just merely unaffordable.

Cllr McCarthy (FF): Welcomes and supports the motion.  She would like to put forward an addendum to motion by adding: “this Council further expresses its concern at the provisions of the Housing bill 2014 …”

Cllr Barry (FG): There is a hunger among the elderly for this kind of housing.  We have removed the elderly from the areas they are familiar and comfortable with.  He wants to be able to keep people living in their own communities.

Cllr Forde (FG): She thinks this issue very complex.  There is a think-tank at national level which is trying to come up with formulae to ease the current situation.  It comes down to the banking sector of course and she understands from reports that they are starting to issue loans again.  As a Council we should have specific debate which could inform CDP, downsizing, restrictions on building housing for senior citizens, etc.  We have a large Council and could perhaps feed our debate into the national think tank.

Cllr O’Laoghaire (SF): Spoke in Irish. Commends Cllr Collins for very his timely motion.  He thinks this is very important because the Housing Bill is not a solution.  The Housing Bill potentially pushes the category of person with housing needs into the private rented sector.  The thinks the vast majority of people prefer the security of the local authority system.  While we are appealing for funding for non-profit organisations, we should also ask for funds to make houses available for local authorities.

Cllr Buckley (SF): In the last few weeks alone, he has experienced six issues of eviction.  One individual is homeless now.  He is in danger of losing his social welfare support because he has no address.  The reality is that people are going homeless every single day.  Society does not serve these people.  We need to go back to the CDP and work at this in a bigger way.

Cllr N Collins (Ind): He had 46 people into his advice clinic last Saturday, five of whom were in dire need of housing.  He got them caravans because he could get them nothing else.  People are not even able to buy a kettle because they have absolutely nothing.  With the high cost of nursing home care, sheltered housing would be a much better solution.

Cllr Barry (FG): There are 6,253 on the County Council housing list.  Once the HAP (Housing Assistance Payment) is introduced, this figure will be appear to be lower.  But it won’t be.  People cannot afford rent.  People will be removed from the housing list if the HAP comes through.

Cllr T Collins (Ind): NAMA owns houses which are standing empty in estates often in bad condition and deteriorating.  Cork County Council can’t purchase them from NAMA but it could lease them.  He knows of one lady in Banteer who cannot afford central heating of any kind but her chimney is so bad she cannot set a fire.

Cllr O’Keeffe (FF): Has Cork County Council been made offers of property in the County from NAMA?

CEO: Thinks Cork County Council has not been approached by NAMA.  He suggests Cork County Council could approach NAMA rather than waiting for NAMA to contact.

Cllr Murphy (FG): Need clarification on this.  There have been about 350 houses offered to the County Council over the last year but he is not sure if these were from NAMA.

Mayor Colman (FF): Recalled that at the last divisional meeting, Angela Murphy said she was waiting for confirmation from NAMA.  Maybe things have moved on from then.  Clarification will be sought.

12.  Cllr John Paul O’Shea
“That Cork County Council seeks immediate clarification from the Minister for Transport, Tourism and Sport, Leo Varadkar TD, in relation to receiving no response to date on the application this authority made on the Department’s request for flood damage and repair to roads throughout the County post the 6^th January 2014.”

Cllr Collins: It is incredible how slowly this has advanced.  We need to know what funds are available to fix the extent of the damage.

Cllr T Collins (Ind): Is there emergency funding available?  The traditional patching of roads alone is costing a lot of money.  It is pointless.  Proper resurfacing is required.  Often roads are being damaged because the drains are not open.  Please Mayor, might the Minister be asked to provide funding to take care of these repairs.

Cllr McCarthy (SF): The most disappointing aspect of this is that the Council has not even had a response from the Minister.  She compliments the staff in the work they have done on the ground.  But members need an answer from the Minister, whether it is a yes or a no.

Cllr Carroll (FF): Supports the motion and would like to take it further.  The state of roads in West Cork was the main topic at every door in the run up to the election.  Many of the roads are gone beyond patching.  The money that Cork County Council has will go nowhere near what is required.  The County Council needs to approach the Minister and ask him to suspend an NRA project up the country and put the money from that NRA project into roads in West Cork.  Residents of West Cork pay the same road tax as residents of Dublin but they see the standards of their roads as being very different.

Cllr O’Donnabhain (FF):  Suggests that the Council would look for money now for clearing drains, etc. that will be necessary in the winter.  If the Council takes this approach, then the Department wouldn’t have to battle with every local authority application for emergency funding at the same time.

Cllr Linehan-Foley (Ind): Would like to take this opportunity to get a report on the board walk amenity in Youghal that was lost during the storms.

Cllr Forde: This Minister hasn’t been found wanting with regard to funding.  The money is coming but the needs are not being met.  People who suffered from the flooding in Douglas have not received money.  Did Cork County Council draw down money which might have come from insurance?  With regard to repairing roads, the velocity patcher cannot be used on certain road surfaces.  She wants clarification on that.  Is the money coming from the Minister being spent in areas where it should not be spent?  But obviously we should get more if the Minister is giving it.

CEO: He confirms that the Youghal boardwalk has €1.9million of initial funding.

Mayor Coleman: Believes all members are agreed that we will pursue the Minister on this.

CEO: The County Council has insurance only for County Council properties.  Any remediation arising from flooding comes from grants.

Cllr O’Shea (Ind): We’ve been asked to submit our application in early March.  If there was some indication from the Department that money would come from government, they would wait.  But now there is a concern that money will not come.  The engineering staff has already spent money they haven’t got to repair what they can.  Please put this on the agenda for the next Council meeting so that we can follow it through.

Cllr O’Flynn (FF): Suggested that we might send a deputation to meet the Minister.

CEO: The Executive has been pushing the Department hard for funding of €4.2 million.  The Department hasn’t made any decision on this yet.  The County Council is out to tender for 3 Velocity patchers which should improve the quality and permanency of patching work.

13.  Cllr Michael Collins
“That Cork County Council calls on the Minister for the Environment to retain the Leader partnership structure as they currently exist as they have proven to be the most effective way to deliver programmes abased on local issues and needs.  Anything other than the existing way the programmes have been delivered will have a detrimental effect on community led local development.  It will also negatively impact on the organizations and staff who have many years experience in delivering a range of valuable supports that address the needs of citizens, communities and enterprises and increases social inclusion.”

Cllr Collins (Ind): The decision made by the Minister goes against advice from everyone.  Even Europe.  It goes against empowering communities.  In Finland, they are not allowed have even a community council. People say we are going down the Finnish route.  He would also like a guarantee from the Minister that all rural development companies will be allowed to tender directly for the LEADER contract.  Rural Ireland has been forgotten.

Cllr Murphy (FF):  Supports the motion.  This issue has been brought up before.  The Minister’s is a very negative approach.  When responsibility for the LEADER funds is called to tender, it could end up in the hands of private companies chasing a financial model.  The way it is designed is not favouring Cork County at all.  It is pitting rural development companies against each other.  There is a general feeling that privatisation might be coming down the road.  There is also a feeling that the questions asked by the Minster were designed to get the answer he wanted to get to a tendering process.  There are 5 rural development companies in Cork who will have to tender for the whole County.  These companies just want to deliver services on the ground.  Ill thought out proposal on the part of the Minister.  It is a bit like MDs – very poor planning and inadequate engagement with the companies.  He asks the Minister to row back and think this through again.

Cllr O’Flynn (FF): Fully supports the motion.  The County Council have had a motion like this before.  It also got the support of all the members.  The Minister has never replied to any motion passed in the last Council, that one included.  The LEADER programme has been a massive success.  The winners have been the local communities.  Why change something that is working well?  Would you change the management team of your football club if you are winning All Irelands?  The Minister is not listening.  There is a public rally in Dublin on 9^th July.  He encourages all members to go and stand by the people who elected you.

Cllr O’Shea (Ind): There is a huge lack of clarity in terms of the future of these companies.  The coo-operation between LEADER companies and the County Council over the years has been welcome.

Cllr Hayes (SF): LEADER is a fantastic set up in this country.  He read statistics for what LEADER has achieved.  We also need clarification from the EU on alignment.

Cllr Barry (FG): The delivery of the LEADER programme has been hugely beneficial.  He is concerned that the alignment policy is a done deal at this stage.  He asks Cork County Council to work very closely with the development companies.  The experience, knowledge, etc. that has built up in these development companies may be lost.

Cllr Conway (Ind): Blarney had stagnated until LEADER.  The people in the rural development companies are really on the ground and incredibly efficient at what they do.

Cllr Moynihan (FF):  He was at the opening of an astroturf near Millstreet over the weekend.  The community gave incredibly positive feedback on the LEADER fund and its implementation.  This type of work is being represented in 33 communities in his area.  It is keeping the community alive and vibrant.  Even the EU Court of Auditors supports how Ireland has implemented LEADER.  Our model is being replicated all over Europe as a success story.  Staff of the rural development companies are very committed.  They work long hours and are available at all hours of the day and night.  We must send the strongest possible message to the Minister.  The format of the LEADER set-up is also building leadership in communities.

Cllr G Murphy: We have superb rural development companies which have an ethos different from that in state agencies.  There will be less funding available from the LEADER programme in the next round.  He thinks we can do what we need to do by co-operation.  He is sure the tendering process will not pose a challenge for the rural development companies.

Cllr O’Donnabhain (FF): He is a board member of SECAD.  SECAD has an incredible track record in terms of delivery.  LEADER groups tackle issues that are not otherwise tackled.  The Irish model is EU best practice.  The Minister’s approach is is coming from the top down – this is the wrong approach.  The track record of the rural development companies is to work from the bottom up.  Minister Hogan does not deserve to got to Europe.

Cllr Forde (FG): She doesn’t think this is an either-or situation.  Cork County Council is also a development agency.  She thinks we need to work closely together.  She is concerned that people are saying the Council might not have the expertise to deliver in the way the rural development companies can.  She also notes that she would like the CEO to take on board a gender balance when setting up LCDCs.

Cllr Melissa (SF): Says that she is confused.  The LCDCs are to replace what LEADER funding was doing?  But there are pilot schemes underway and these have copperfastened that this new alignment proposal is going ahead.  Cork County Council should not be setting up these committees.

Cllr D’Alton (Ind):  Supports the motion and all the sentiment expressed in the Chamber but is also concerned that the feeling that it is a done deal may be accurate.  The rural development company in her area is SECAD and she has experienced their expertise and knowledge at first hand.  It would be tragic to lose this resource.  One of the concerns is that the LEADER fund is one of the largest funds run by the rural development companies.  As such, it allows them the opportunity to employ accountants and all the other professionals necessary to run a myriad of other smaller funds coming from Europe that, on their own, could not fund this necessary support system.  Many of these other smaller funds are not available to local authorities.  So if the rural development companies lose out, ultimately Cork County Council will lose out.  The Minister commissioned an Alignment Steering Group to prepare a report.  On reading that report, it does not seem to her that its intent was that rural development companies and local authorities would be competing against each other.  The report speaks of building “greater trust and collaboration between the local government and the local development sectors so that the best of both systems can be aligned to secure more effective delivery of services and supports to local people”.  This is not divisive language.  So if there is no opportunity for us to change policy at this stage, could we at least ask for a commitment from the Executive that they will do all within their power to work with local development companies and assist them to tender successfully for the LEADER contract.

Mayor Coleman (FF): Cork County Council is being seen as giving a severe blow to rural development companies.  It is not.  There has been co-operation on the ground between local authorities and LAGs.  The real weakness of the new system is that the local development company will have no security of staff and tenure.  It is good to have this debate. The Department has to change the structures that it is putting in place for tendering.

CEO: He does not want to pit local authorities against rural development companies.  This is not intended.  There has always been great co-operation between them on the ground.  The principles of LEADER will be well protected.  This isn’t really about the benefits of the LEADER programmes. It is also about recognising that local authorities play a significant role in community development at a local level.  The companies delivering rural developent programmes are now likely to experience the cuts and austerity measures that local authorities have experienced.  This move challenges whether or not there is duplication in the system.  There will probably be less funding all around through the next rural development programme.  This new alignment policy hasn’t been driven by local government at all but the message is out there that if the current LEADER companies don’t continue in their current form, there will be a loss to communities.  He doesn’t believe that at all.  He believes that local authorities and the rural development companies can work together.  The partnership has worked well in the North Cork pilot.  We still don’t know what the final structures will be.  They will be set out in legislation.  He thinks Council must continue to establish LCDCs, otherwise the funding from Europe won’t come to the Council.

Cllr M Collins (Ind): He welcomes the support for his motion from the Chamber and agrees that we should take a deputation to the Minister.  Maybe we will be meeting with a new minister by then?

Cllr Mullane (SF): She still believes we should not be setting up LCDCs.  To set up the LCDCs is to agree to the alignment we are all giving out about.

Cllr Murphy (FF): The tender is already available on e-tenders.  The five local development companies have to tender for the whole county.  Only one can get it.  Just as in the rural transport programme.

CEO: The rural transport programme was different.  He thinks that the final tender may be for running the LEADER programme in just part of the county.  But we still do not have finality on what the structures will be.

The motion was accepted by the Council.

9. Votes of Congratulations

None.

10.  Any other business
Swipecards – new ones do not give the same level of access as the older ones.

Cllr Forde – I could not hear her. 

 

All Development Meetings of the County Council are held in camera without media so that members of the Council can speak freely. This morning’s was no different, so I won’t post the notes I took at the meeting on my website.

The briefing on the Port of Cork planning application that was itemised on the agenda was indeed very much that – a briefing. The Planning Section brought us through some of the procedures associated with the Strategic Infrastucture Act and then the Planning Policy Unit gave a brief overview of the planning application for the Port’s proposals for the redevelopment of Ringaskiddy. Some interesting points from the community angle are that the Chief Executive (formerly County Manager) will make a report based on the recommendations of his staff. That report will be sent to Council members on 11th July and discussed at a meeting of the full Council on 14th July. Members’ opinions will not change that report but if the members’ opinions differ from those of the Chief Executive, they may prepare and append a report of their own. The entire package will then be sent to An Bord Pleanala.

Members expressed their disappointment that they had no indication of the Chief Executive’s views at this stage, particularly since the last day for submissions by the public to An Bord Pleanala is the 26th June.

I can’t honestly say that any new information came to light during the course of the briefing and subsequent discussion. What I can document is what I said myself and it is something I feel very strongly about. I commented on an aerial view of the port activities at Ringaskiddy that had been projected for the benefit of the briefing, saying that so often we see aerials of the port activities but so rarely do we see aerials taken with a wider angle lens which show the adjacent village of Ringaskiddy with a population of almost 400 people, the village of Shanbally with over 500 people, the towns of Monkstown and Passage West with some 5,200 people, a little further away the town of Carrigaline with 12,000 people and just across the water, the town of Cobh with 12,000 people living on the island. These people had come together as communities around the harbour to fight the Port of Cork’s proposals in 2008. They had paid heftily to employ an “expert” to represent their views at an oral hearing, they had taken time off work and lost wages to attend the oral hearing. They had used grannies and grandfathers to mind children, employed consultants at a personal level to assist them. They won but continue to be woken by the unloading of containers off the banana boat every Thursday night. The Port says that noise from the “redeveloped” facility will be no more than that experienced at present, but with the “redeveloped” facility, the residents will now be woken every night. Another resident of Ringaskiddy runs a limousine company. He washes his cars three times a week to clean them of the dust from the bulk loading and unloading.

Now these residents see the Port of Cork coming back again. This time, the new National Ports Policy has defined Cork as a Tier 1 port. This has allowed the Port to apply for European money to fund its planning application. As the local communities see it, ordinary people fund the Exchequer and the Exchequer funds Europe. So the residents have in essence paid for the planning application they now oppose. They will have to pay €50 each to submit their objections to An Bord Pleanala. They will have to, yet again, employ professional representation. Although the EIS is available on the internet, it has been presented as a photograph – in other words, they cannot even highlight a sentence to copy and paste it into a document to help them prepare their submissions. Many are not comfortable with the internet as professionals within the County Hall might be. So they must either come to see it in County Hall – for which they must take more time off work – or purchase a paper copy. This is available from An Bord Pleanala for €175. County Hall has advised that the An Bord Pleanala price is cheaper than they can do. The cost of purchasing the EIS from the Port is €500. As the local communities see it, this is not a level playing field.

Nor does one ever see an aerial view yet further encompassing the road network serving the Ringaskiddy port. Port traffic has massive impact on the whole Cork region. As was said by other members in the Chamber, there has been no change to the road network since the 2008 planning application. On this, I quote a report produced in 2013 by the Competition Authority. Although this report relates specifically to ports, it has not been referenced at all in the Port’s planning application:

“If ports are rivals and competing for the same cargo, there is an incentive for port authorities and private service providers to keep port-related charges down and provide better and more efficient services. This helps to keep transport costs down which can have a significant influence on trade volumes … it has been estimated that raising transport costs by 10% reduces trade volumes by more than 20%. Indeed, it has been shown that transport costs can have the same effect as tariff and non-tarif barriers to trade. It is not uncommon for transport costs to account for 10% of the total cost of a product, though it has been estimated that on average 5% of the value of imported merchandise is spent on freight and insurance costs relating to their international carraige. Transport and maritime costs are influenced by a range of factors including road haulage costs, ship travel time, ship size and cargo handling charges which makes calculating the port-specific cost element difficult. While it is likely that port-related charges account for 10% to 20% of total transport costs, the influence of these costs on trade means they should not be ignored by policymakers.”

This is important because we, the County Council, are policymakers.

So my question to the Chief Executive was how can we, the members, represent the views of the residents of our communities to him such that they can be reflected in his report?

The Chief Executive said that he regretted, particularly in the light of the quality of my presentation, that there really was no mechanism by which this could be achieved. The structure he was obliged to follow was set by legislation. The best he could offer was the appendage of the members’ report to his, wherein we could express the views of the residents.

What is disturbing to me is that so many of the Council members are from further afield than Cork Harbour and the Ringaskiddy redevelopment proposal has very little real meaning to them. There was quite a bit of chat in the Chamber as the meeting went on. Many were going in and out, sometimes with mobile phones. Yet on 14th July, all the members, regardless of what part of Cork they are from, are going to vote on whether to support or otherwise the Chief Executive’s report. The future of Cork Harbour, the second largest natural harbour in the world, is in their hands. What a responsibility.