DUNDALK TOWN COUNCIL

MINUTES OF THE COMBINED PLANNING AND MONTHLY MEETING OF DUNDALK TOWN COUNCIL, HELD IN THE COUNCIL CHAMBER, TOWN HALL, DUNDALK, ON TUESDAY 22nd MARCH 2011

PRESENT

Cathaoirleach, Councillor C Keelan, presided.

ALSO PRESENT

Councillor S Bellew, Councillor O Morgan, Councillor O Herr, Councillor M Butler, Councillor J D’Arcy, Councillor E O’Boyle, Councillor H Todd, Councillor J Green, Councillor K Meenan, Councillor M Bellew and Councillor J Ryan.

IN ATTENDANCE

Mr C Murray, County Manager

Mr F Pentony, Director of Services and Town Clerk

Mr D Storey, Senior Executive Officer

Mr P McVeigh, Senior Executive Engineer

Ms U Conlon, Executive Planner

Mr J Lawrence, Administrative Officer

Ms A McDonnell, Senior Staff Officer

Ms L Quigley, Staff Officer

The Meeting commenced with Prayers at 7.00 p.m.

057/11	PLANNING AND RELATED MATTERS

11/4	David & Michelle Nordon	Conversion of existing garage

to a utility, shower room etc.

at 32 Belfry Crescent

St. Alphonsus Road, Dundalk.

The members were advised that permission had been granted in this case.

11/5	St John of Gods	Development to consist of

retention of existing mezzanine

floor etc. previously granted under

planning permission 09/21

Unit 3 & 4 North Link Park

Coes Road, Dundalk.

The members were advised that permission had been granted in this case.

11/6	Peak Lettings &	Retention of change of use of

Property Management	retail unit to property letting agency

1 Park Street, Dundalk.

The members were informed this application was invalid.

11/7	Patrick Farrell	A bay window built at front of house

26 St. Ronans Terrace

Castletown Road, Dundalk.

There was no recommendation in this case.

11/8	Pauline Fegan	Development consisting of two

storey extension to side of

existing dwelling to rear at

9 Garrybawn, Tom Bellew Avenue,

Dundalk.

There was no recommendation in this case.

11/9	Keylife	Retention of changes to warehouse

as granted under planning

permission ref 99/125 at

Portway Building, Coes Road,

Dundalk.

The members were advised that permission had been granted in this case.

11/10	Board of Governors of	Development to consist of new

Dundalk Grammar School	junior school signage within the

school grounds.

Dundalk Grammar School,

The Crescent, Dundalk.

On the proposal of Councillor E O’Boyle and seconded by Councillor S Bellew,

the members agreed to recommend that the manager grant permission in this case.

11/11	Cormac Myers	Proposed garage extension to side

of existing dwelling house etc. at

11 Woodville Manor,

Tom Bellew Avenue, Dundalk.

There was no recommendation in this case.

11/12	Mark Deary	Design alterations to previously

permitted development (ref. 09/46)

including removal of second floor

accommodation etc., at

The Spirit Store, Georges Quay,

Dundalk.

There was no recommendation in this case.

11/13	Brookwood Taverns Ltd.,	Alterations to front elevation,

extension on internal floor area

and use of flat roof terrace etc. at

Tara Bar, 92 Park Street, Dundalk.

There was no recommendation in this case.

11/14	Michael Clarke	Change of use from dwellinghouse

to office at 32 Stapleton Place, Dundalk.

There was no recommendation in this case.

11/15	Roads Section, DTC.	Part VIII Smarter Travel Schools

Project, Infrastructural works

various locations in Dundalk.

The members were informed that the closing date for submissions was 12th April, 2011.

11/16	Dundalk Institute of	Conversion of part of existing

Technology	factory into research facilities etc

Carrolls Factory, Dublin Road,

Dundalk.

There was no recommendation in this case.

11/17	Jacqueline Browne	Development to change front of

dwellinghouse including extending

front porch and previously

renovated garage since previous

planning permission 98/194

113 Ard Easmuinn, Dundalk.

There was no recommendation in this case.

11/18	John Grant and	2 storey extension to rear of

Cathy Kettle	49 Chapel Street, Dundalk.

There was no recommendation in this case.

11/19	Chen Gou Zhong	Extension of trading hours for

Chopsticks restaurant at

33 Park Street, Dundalk.

There was no recommendation in this case.

11/20	Keel Properties Ltd.	Extension of duration of permission

granted under PD Ref. 05/306 for

the erection of dwellings at

Lower Point Road, Dundalk.

There was no recommendation in this case.

11/21	Anna Pietrzyk	Retention of change of use from

industrial/business unit to a

veterinary clinic at

Healthy Pets, Ard Easmuinn,

Dundalk.

There was no recommendation in this case.

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058/11	CONSIDERATION OF MINUTES

On the proposition of Councillor O Morgan, and seconded by Councillor S Bellew, the minutes of the Combined Planning and Monthly Meeting held on the 22nd February 2011, the minutes of the Housing MPC meeting held on 5th October 2010 and the minutes of the Environment, Parks & Recreation & Amenity MPC meeting held on 30th November 2010 were adopted.

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059/11	MATTERS ARISING FROM MINUTES OF THE COMBINED PLANNING AND MONTHLY MEETING HELD ON THE 22ND FEBRUARY 2011

Councillor J Green referred to Minute 056/11 and was advised that the report on Traffic Lights at the Lisdoo and at Quay Street, Dundalk, has been circulated and will be dealt with under item no. 8.

Councillor M. Bellew referred to Minute 049/11 and asked if a reply had been received from the Department. Frank Pentony, Director of Services and Town Clerk, advised that there has been no response from the Government as yet to our request for funding for lead pipe replacement.

In relation to Minute 055/11, Cathaoirleach, Councillor C Keelan advised that he has received a response from the HSE and will deal with same under item 18 Correspondence.

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060/11	HOUSING PROGRESS REPORT MARCH 2011

David Storey went through the report for the Members. He advised that there are 17 voids undergoing works prior to allocation. He informed Councillor H Todd that there are 12 affordable units, 4 of which are now sold. The remaining 8 units for sale are all in Lis na Dara. All 35 applicants on the Affordable Housing List were written to in relation to same. He said that any new applicants for the affordable units should contact the housing section. Councillor J Ryan said the Council should be watching where the finance to purchase affordable units is coming from. He said some organisations are offering outlandish interest rates. Apparently, Smart Homes have reprocessed a number of units. David Storey advised that the Council cannot get involved if a person presents with a valid mortgage from a lender licenced by the Financial Regulator.

Councillor K Meenan asked could long term leasing be an option for someone who is only on the housing list for one year. David Storey advised that he met with the Department recently, and was advised that there will be a new Scheme of Letting Priorities in June which will allow for leasing in cases where landlords are interested in leasing to the existing tenants of their property.

Councillor K Meenan said that there have been some problems with the gas in the houses at Bothar na Feirme. David Storey advised that the problem would appear to be that some tenants have not updated their gas cards and is not a problem with the gas system itself. David Storey advised that of the 37 voids, 20 have been allocated and the Council is just waiting on Garda vetting of prospective tenants. The remaining 17 voids are under repair. Ten should be ready in 4/6 weeks while the other seven may take up to 2/3 months before they are ready for allocation. Councillor M Bellew congratulated the maintenance team on all their work in reducing the number of voids and Councillor K Meenan concurred with same.

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061/11	PROGRESS REPORT MARCH 2011

Report was noted by the Members. Councillor K Meenan asked if there is a reason why the long term car parks are empty. Frank Pentony, Director of Services and Town Clerk, said he was not aware that this was the case. The long term car parks were provided to accommodate people working in the town and are still cheaper than on street parking.

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062/11	TENANT PURCHASE SCHEME

David Storey made a presentation on the Tenant Purchase Scheme 2011. Councillor K Meenan said that under the 1995 Scheme, applications from tenants to purchase their houses in the Regeneration Areas were refused. David Storey said there will not be a wholesale refusal in Regeneration Areas.

Councillor J Ryan asked David Storey to explain the difference between the 2011 Scheme, the 1995 Scheme and the Incremental Purchase Scheme. David Storey advised that under the 1995 Scheme the maximum discount available on a house valued at €100,000 was €33,600. The new Scheme provides for a discount of 3% for each year of tenancy subject to a maximum discount of 45%. The new Scheme does not provide for a first time buyer’s grant. The Incremental Purchase Scheme covers the sale of unsold affordable units at a discounted rate of 40%, 50% or 60% of the market value of the house. Councillor J Ryan noted that the Local Authority may provide the mortgage loan, and David Storey confirmed that the Council are looking at the possibility of providing loans to qualifying applicants. Conn Murray, County Manager, said we have to wait and see what our allocation for loans will be. David Storey said he will arrange to make a presentation on the Incremental Purchase Scheme to the Housing MPC and then to the full Council. Councillor H Todd said he would like to see the paragraph that excludes dwellings in regeneration areas from the purchase scheme removed. He said it would put the people living in these areas off applying to purchase their house. David Storey said it would not be policy to refuse applications wholesale in regeneration areas. Councillor H Todd said the people in these areas are being victimised. David Storey acknowledged that under the 1995 Scheme, dwellings in regeneration areas were not available for purchase but under the 2011 Scheme it will be open to everyone to apply. David Storey informed Councillor J Darcy that the 1995 Scheme will be in place until the end of 2011. He also confirmed that as of today Council tenants will not be able to purchase their dwellings in 2012. The Council does not know yet what the new Government’s policy will be. They may decide to extend the Schemes. Councillor J Darcy said that very few tenants are in a position to purchase their dwellings at this point in time. He said he has deep concerns that we are introducing policy that will prevent people from owning their homes. Councillor M Bellew said he welcomed the Scheme. He said it was a good opportunity for people to purchase their homes and avail of a discount of up to 45% off the purchase price and also a discount in respect of any improvement works carried out. He agreed with Councillor H Todd that we had better Schemes but he still felt it was a reasonable Scheme. He said we need to tighten up the paragraph in relation to elderly persons dwellings. Councillor J Ryan said he will not support that people cannot buy their home. Councillor K Meenan said the Scheme encourages people to buy. Conn Murray, County Manager, advised that it has always been practice to open and close a Scheme. Councillor J Darcy said tenants must have an option to purchase their dwellings and the Council needs to get that message to the Government. On the proposition of Councillor M Bellew and seconded by Councillor M. Butler, it was agreed to adopt the Tenant Purchase Scheme and write to the Department to request an extension of the Scheme for one year.

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063/11	PROPOSED EXTINGUISHMENT OF RIGHT OF WAY AT THE ALLEYWAY LOCATED AT THE REAR OF 1 – 20 LAUREL GROVE, GREENACRES, DUNDALK

The proposed extinguishment of right of way at the alleyway located at the rear of 1 – 20 Laurel Grove, Dundalk, was proposed by Councillor M Bellew and seconded by Councillor O Herr. Frank Pentony, Director of Services and Town Clerk, advised that the Council will now write to the Residents Association for their proposals in relation to the alleyway.

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064/11	REPORT ON TRAFFIC LIGHTS AT LISDOO AND AT QUAY STREET, DUNDALK

Peter McVeigh advised that the report prepared by the Roads Section had identified that the main problem with the lights at the Lisdoo and Quay Street was wear and tear on the cables as a result of two bad winters. The lights have now been repaired. Councillor J Green said all the other traffic lights should be checked for the same problem. Peter McVeigh said because the cables are not visible it is not always obvious that they are damaged until the lights are out. However, he will arrange for the processors in the rest of the units to be checked out. Councillor M Butler said the problem with the lights at Quay Street came about initially as a result of an accident and then the weather. She said it was a good idea to check all other locations. The St Mary’s Road traffic lights were out recently and it is not very obvious who has the right of way at the junction when the lights are out. Councillor M Bellew said the lights at the junction of Millennium Road and Inner Relief Road are also out regular. He said the sequence of the lights at the Crowne Plaza exit should be set on demand as on occasion you can be stopped for some time at the lights with no traffic exiting from the hotel. Councillor K Meenan agreed with same. Councillor J Darcy said there also appear to be issues with the timing of the lights at Rank Zerox entrance. Conn Murray, County Manager, advised that these particular lights are in the County area and a matter for Louth County Council. Councillor O Herr asked if the Road Engineers could have a look at the junction at Inner Relief Road and Coe’s Road Industrial Estate. He said it is a very dangerous junction with traffic also exiting from the Bay Estate. Peter McVeigh said that a traffic count could be carried out to establish the position on the ground. Councillor E O’Boyle suggested that “Smart” Traffic Lights would be the solution to manage the traffic at the Crowne Plaza exit. These lights are operated by a sensor.

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065/11	CONFERENCES / EVENTS - TO APPROVE MEMBERS’ ATTENDANCE AT THE ENCLOSED CONFERENCES

On the proposition of Councillor M Butler, seconded by Councillor M Bellew, the

Members attendance at Conferences listed with the agenda and recorded in the Conference Register was approved.

Councillor M Butler advised the Members that the Nuclear Free Local Authorities Ireland Seminar to be held on 1st April 2011 is a free event and she encouraged the Members to attend. She said Councillor O Herr is heavily involved in same.

It was agreed that the Citizens Information Board National Calendar of Training Events be put on the agenda again.

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066/11	NOTICE OF MOTIONS – COUNCILLOR CONOR KEELAN

That this Council conducts a feasibility study of:

a.	introducing a one-way system in Chapel St from the Remnant Basket to Yorke Street/St Mary’s Road. (Signed petition of support enclosed)

and

a pedestrian walkway at the junction of Brennan’s shop/Chapel Street/Market Street (Signed petition of support enclosed)

The motion was seconded by Councillor O. Herr.

Cathaoirleach, Councillor C Keelan advised that he has had discussions with the local Gardai who have given their backing and support to the idea of a one way system in Chapel Street. Councillor J Ryan said there was never room for 2 way traffic on this street.

Cathaoirleach, Councillor C Keelan said he has looked for a feasibility study to establish how a pedestrian walkway at the junction of Brennan’s Shop/Chapel Street/Market Street would fit in with Smarter Travel.

That this Council extinguish the public right of way at Maxwell’s Row except for

pedestrian access for the following reasons :

a.	The lives of people, both elderly and children, in the area are being put at risk as this road has to be crossed to get to the local school.

b.	Vehicles travel at unsociable hours and residents are woken by the noise and vibrations from said vehicles.

Pollution from traffic affects the quality of life of residents living at the top of St Nicholas Avenue.

d.	The road was not constructed to take the weight of Heavy Good Vehicles (HGV) (Signed petition of support enclosed)

The motion was seconded by Councillor H Todd.

Cathaoirleach, Councillor C Keelan said he wanted to change his motion and said he was now proposing the temporary closure of the road and then in the long term the provision of a cul de sac at Dixons. The Residents are concerned that the reopening of the road happened so quickly. HGVs have used the road in the past and it is totally unsuitable for same. He said the Council should consider a range of traffic calming measures. Councillor H Todd said ramps are needed at this location from St. Nicholas Avenue to Dixons. Councillor E O’Boyle said he was also canvassed by the Residents. He asked if the road is a national road. Peter McVeigh advised that the N53 would come in the Castletown Road but he said he thought it had been downgraded to a regional road. Councillor J Ryan said signs had been erected at The Laurels banning HGVs. Councillor H Todd said to extinguish the Right of Way would be a problem. Frank Pentony, Director of Services and Town Clerk, reminded the Members that they have already approved the Roads Budget for 2011. However, he suggested that if the Members have not concluded their meetings regarding the Roads Allocation then maybe works could be included under same. Councillor S Bellew said that maybe the next motion would address the situation. He said closing the road was probably a bit drastic. Councillor E O’Boyle asked if the Town Engineer could do a costing, and Frank Pentony, Director of Services and Town Clerk, said the Council will check out what is feasible and bring back a report to the Members. He advised that the legal process for the temporary closure of a road is an executive function.

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067/11	NOTICE OF MOTION – COUNCILLOR EAMONN O’BOYLE

To ban HGV traffic from Maxwell’s Row and St. Nicholas Avenue.

‘That this Council, now that the Bridge Street/Maxwell’s Row junction is re-opened, restrict traffic usage into and out from Maxwell’s Row and St. Nicholas Avenue to up to 3½ ton vehicles only, with the total exclusion, except for delivery access, of Heavy Articulated Vehicles.’

The motion was seconded by Councillor S Bellew.

Cathaoirleach Councillor C Keelan said the weight limit restriction should be 3 ton rather than 3½ ton and Councillor E O’Boyle said he had no objection to same. Frank Pentony, Director of Services and Town Clerk, said a report will be prepared and submitted to the Members for consideration.

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068/11	NOTICE OF MOTION – COUNCILLOR OLLAN HERR

"That this Local Authority, in light of the potentially catastrophic danger to public health posed by various nuclear power plant reactors in Japan;

Renews it opposition to Westminster's plans to build 5 new nuclear power stations along the Irish Sea in Britain

Calls on the new government in Dublin to voice these concerns to Westminister in the strongest possible terms -

Calls on Dublin to take further legal steps confirming Ireland's status as a Nuclear Free State.

The motion was seconded by Councillor M Butler.

Councillor O Herr said he has long held the view that the risks associated with Nuclear Power Stations far out weigh the benefits. Councillor J Ryan said he also supported the motion. Councillor O Herr confirmed that nuclear waste is being stored long term at Sellafield. Councillor M Bellew said he too supports the motion. He has visited Sellafield and was horrified at what he saw there. They are storing waste and they do not know what to do with it. Councillor S Bellew said he does not support the motion. He said we need electricity and nuclear fuel is an alternative to solid fuels and is the most carbon friendly. Councillor C Keelan said he supports the motion. He said he has concerns regarding nuclear power. When problems occurred in 1957 at Windscale they renamed it Sellafield. There is a history of cancer clusters in this country and some doctors believe they are attributable to the fires at Windscale. Councillor J Darcy said we are not a nuclear free state because we avail of nuclear energy from Britain. He said motions such as this are hypocritical. Councillor K Meenan said he was speaking to someone recently who works for Sellafield and this person was over here to do business with a firm in Dundalk. As there was opposition to the Motion, it was proposed by Councillor O Herr and seconded by Councillor M Butler that it be put to the floor for a vote.

In favour: Councillor O Herr, Councillor M Butler, Councillor M Bellew, Councillor J Ryan and Cathaoirleach, Councillor C Keelan. (5)

Against: Councillor S Bellew. (1)

Abstain: Councillor J Darcy, Councillor E O’Boyle, Councillor H Todd, Councillor J Green, Councillor K Meenan and Councillor O Morgan. (6)

The Motion was carried.

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069/11	NOTICE OF QUESTION – COUNCILLOR JENNIFER GREEN

With a review coming up, why are all Dundalk Fire Service crew being prevented from talking to the people elected to represent them?

Answer:	In accordance with it’s Code of Conduct, Staff of Louth Local Authorities are not permitted to discuss or disclose any information of a confidential nature relating to Louth Local Authorities or it’s business or in respect of which Louth Local Authorities owes an obligation of confidence to any person.

Councillor J Green said she was not happy with the answer. Conn Murray, County Manager stated that this was a personnel matter. Councillor K Meenan said that if an issue comes up regarding a staff matter that impacts on the people of Dundalk then the staff member should be able to speak to a Member of the Council. Councillor E O’Boyle asked who adjudicates whether or not information is of a confidential nature. He also said that the 12 Members form the Authority and thinks the Members have the authority to represent the Staff Members also. Conn Murray, County Manager, advised that the Executive determine if something is confidential or not. He said the Members do not have a role in Staff matters. Cathaoirleach, Councillor C Keelan said the Members should submit a Notice of Motion if they want to discuss the matter further.

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070/11	NOTICE OF QUESTIONS – COUNCILLOR EAMONN O’BOYLE

What structural repairs were carried out recently to enable the re-opening

of Bridge Street and Maxwell’s Row Junction and footpaths?

What structural repairs, relating to public health and safety, were carried in the second week of March 2011 which enabled the re-opening of the Bridge Street/Maxwell’s Row junction and footpaths that could not have been carried out in the weeks following the tragic traffic accident which occurred over two years ago?

Answer: The Council is not aware of the structural works, if any, that were carried out in the 2nd week of March 2011

Councillor E O’Boyle said he was not satisfied with the response. He said if there were no structural repairs needed then why are the Members only being told now. He said he is happy that the hoarding is away and hopes the building is now safe. Frank Pentony, Director of Services and Town Clerk, advised that a Dangerous Building Notice was served and works were carried out on foot of same. He said the Council is not aware of any structural repairs carried out in the second week of March 2011.

How many public rights of way has this Council extinguished, in accordance with statute, within the past 5 years?

Answer: 51 public rights of way have been extinguished by Dundalk Town Council in the past 5 years.

Councillor E O’Boyle said he was not satisfied with the response. He asked if the Council could put a limit on the number of Extinguishments. Frank Pentony, Director of Services and Town Clerk, said that in all the cases the request came from the Members and/or the Residents. Councillor M Bellew said he was amazed that the figure was only 51 and said he would be against restricting the number.

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071/11	NOTICE OF QUESTIONS – COUNCILLOR OLLAN HERR

In memory to the victims of nuclear radiation to date - would it be possible for this Local Authority to host the exhibition of the "A Bomb" explosions in Hiroshima and Nagasaki at the end of the Second World War - in Dundalk Town Hall from the 11th of April for a period of 3 to 4 weeks?

Answer: This should not pose a problem for the Town Hall

Answer was accepted.

In addition would it be possible to open a book of condolences at the Town Hall for the victims of the Earthquake, the Tsunami and the Nuclear Power Plant explosions in Japan?

Answer:	This is a matter for the members.

Councillor O Herr proposed that as an alternative to a book of condolences that a letter be sent to the Japanese Embassy. Same was agreed by the Members.

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072/11	RESOLUTIONS

Resolution was noted by the Members.

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073/11	CORRESPONDENCE

Cathaoirleach, Councillor C Keelan advised the Members that he received a letter from Rosaleen Harlin, Lead Manager, HSE, accepting the offer to attend a meeting with the Members in County Hall, Dundalk. She suggested the 19th April 2011 at 4.30 p.m. for the meeting. The Members agreed to hold the meeting on the date suggested.

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074/11	VOTE OF SYMPATHY

On the proposition of Cathaoirleach, Councillor C Keelan and seconded by Councillor E. O’Boyle, the members agreed to send a sincere vote of sympathy to the family of the late Vincent Larkin, father of Don Larkin, Dundalk Fire Service and to the family of the late Robbie Gormley, former Plumber with Dundalk Town Council.

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The Meeting ended with prayers at 9.25 p.m.

Minutes confirmed at Meeting

Held on the day of 2011

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CATHAOIRLEACH

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CLEIREACH AN BHAILE