Minutes of Junemonthly Meeting of Longford County Council

LONGFORD COUNTY COUNCIL

COMHAIRLE CHONTAE LONGFOIRT

Minutes of JuneMonthly Meeting of Longford County Council

held in the Council Chamber, Aras an Chontae, Great Water Street, Longford
on Monday 20th June 2011 at 3.30 p.m.

PRESIDING:Councillor Paul Connell, Mayor.

MEMBERS PRESENT:Councillors – Larry Bannon, Paddy Belton, Mick Cahill,

Micheál Carrigy, Mark Casey, John Duffy,

Sean O Fearghaile, Donncha Mac Gleannáin, Victor Kiernan,

Frank Kilbride, Padraig Loughrey,Luie McEntire,

Alan Mitchell, Martin Mulleady, Peggy Nolan, P.J Reilly,

Mae Sexton, Barney Steele and Thomas Victory.

IN ATTENDANCE:Mr. Tim Caffrey, CountyManager.

Mr. Frank Sheridan, Director of Services.

Mr. Jack Kilgallen, Director of Services.

Mr. Barry Lynch, Head of Finance.

Mr. Ciaran Murphy, A/Director of Services.

A/MEETINGS

ADMINISTRATOR:Ms. Mary Cooney.

ADOPTION OF MINUTES.

On the proposal of CouncillorP. Beltonseconded by Councillor S. Farrell,the Minutes of Monthly Meeting of Longford County Council held on 18th May 2011 were confirmed and adopted.

On the proposal of Councillor D.Glennon seconded by Mayor P. Connell, the Minutes of Special Joint Meeting of Longford County Council and Longford Town Council held on 26th May 2011 were confirmed and adopted.

MATTERS ARISING FROM MINUTES.

None

MANAGER’S ORDERS

The CountyManager’s Orders, which had been circulated, were noted.

Extension of Duration of Planning Permission

Following a discussion on Extension of Duration of Planning Permissions, it was proposed by Councillor A. Mitchell and seconded by Councillor P. Nolan that a report be prepared by the Planning Department for the July Council meeting, outlining the legislation under the Planning & Development Act 2010 with regard to Extension of Duration and the criteria used by the Planning Department to assess applications.

Quarterly Progress Report on N5 Bypass

On the proposal of Councillor A. Mitchell, seconded by Mayor P. Connell, it was requested that a Quarterly Progress Report on the N5 Bypass be presented to the members.

On the proposal of Councillor M. Sexton, seconded by Councillor P. Nolan, it was requested that a Sketch of the N5 Bypass and the entrance to the Treatment Plant be circulated to the Town and County Councillors before the July meeting, with a view to submitting a request to the NRA and the Minister to seek funding to link the entrance to the Treatment Plant with the N5 Bypass. Cllr. Nolan asked that consideration be given to incorporating the proposed Salt Barn at this location.

CORPORATE POLICY GROUP MINUTES

The adopted Minutes of Corporate Policy Group Meeting held on 20th April 2011, which had been circulated, were noted.

VOTES OF SYMPATHY

On the proposal of Councillor Micheál Carrigy seconded by Councillor Frank Kilbride, it was unanimously resolved that a vote of sympathy be extended to the Reilly Family on the death of the late Tom Reilly.

On the proposal of CouncillorJ. Duffy seconded by CouncillorP.Belton, it was unanimously resolved that a vote of sympathy be extended to theSisters of Mercy, Longford on the death of the lateSr. Calasantius.

On the proposal of Councillor D. Glennon seconded by Councillor A. Mitchell, it was unanimously resolved that a vote of sympathy be extended to the Lenihan family on the death of former Minister for Finance, Brian Lenihan. All members of the Council associated themselves with the vote of sympathy and many tributes were paid to him.

On the proposal of Councillor P. Belton seconded by Councillor Sean Farrell, it was unanimously resolved that a vote of sympathy be extended to the Fitzgerald family on the death of former Taoiseach of Ireland, Dr. Garret Fitzgerald.

On the proposal of Councillor P. Belton seconded by Councillor Larry Bannon, it was unanimously resolved that a vote of sympathy be extended to the Costello family on the death of former President of the High Court, Declan Costello.

ADDRESS TO MEMBERS FOR NOMINATION FOR OFFICE OF PRESIDENT.

Mr. Sean Gallagher was unable to attend the Monthly Meeting and his apologies were noted. It was proposed that a Special Meeting be scheduled to invite nominees to present with a date to be scheduled.

PRESENTATION ON RURAL BROADBAND SCHEME BY MS. SARAH MORGAN, PLANNING POLICY & RESEARCH OFFICER, MIDLANDS REGIONAL AUTHORITY.

Mayor P. Connell introduced and welcomed Ms. Sarah Morgan, Planning Policy & Research Officer with the Midlands Regional Authority, to the meeting. Ms. Morgan thanked the Mayor for the opportunity to make a presentation to the members.

Ms. Morgan informed the meeting that the Rural Broadband Scheme was launched on 9thMay 2011 and the purpose of the Midland Regional Authority is to promote the Scheme. Information evenings have been held in Longford, Abbeyshrule and Granard, and she thanked the members for their support at these venues. She continued as follows:-

Role of Midlands RBS Steering Group to:

Promote and raise awareness of the Rural Broadband Scheme
Facilitate Information Evenings
Explain how the scheme will operate
Encourage those who require a Broadband Service & who qualify under the scheme to apply.
Provide Information on how to apply for a Broadband Service under the scheme

Objective of Scheme is to secure access to a basic broadband service for un-served individual premises in rural Ireland.

The Scheme is operated by the Department of Communications, Energy & Natural Resources in cooperation with Department of Agriculture, Fisheries & Food and is an an EU funded measure under the Rural Development Programme

Background

National Broadband Scheme (NBS)
Major intervention by Government to address digital divide in rural Ireland
All applicants within NBS area must be provided with a service
Scheme covers specified rural areas (electoral divisions) identified as lacking broadband service
NBS now fully rolled out

Solution for Non-NBS Areas

A number of un-served premises are known to be outside of NBS area
Further premises in areas where there are active service providers are unable to obtain a service due to technical or other difficulties
Rural Broadband Scheme will provide access to broadband for these premises on an individual basis
The RBS will allow for expenditure up €17.8M until the end of 2012.

Features of the Scheme

Identify and Verify the applicants
Procure a Service Provider
EU Procurement Rules
Most Economically Advantageous Tender
To provide infrastructure capable of supporting a standard service
Rollout the scheme to the applicants

Identify and Verify Applicants

Applicants must live in a rural location, as defined under the Rural Development Programme, be located outside of the areas covered by the NBS and, make a declaration to state that they are unable to obtain a service from an existing broadband operator and give permission for information to be passed to service providers
Department will verify that existing serviceproviders are not able to provide a service tothem.

Verification Process

Applicant’s details will be passed to internet service providers who may be in a position to offer a service to the applicant. This process is intended to enable existing suppliers to provide a solution for applicants, where possible.
To avoid unnecessary intervention by the State, existing operators will have the opportunity to “claim” customers before they are offered a service under the scheme
Data Protection:
Restrictions on the use of the personal information by service providers
Agreement on the means by which data is passed and safeguards necessary to preserve personal data.
Ensure that the letter and the spirit of the Data Protection Act is observed in the running of the scheme

Rollout of Service

Department will select a service provider to provide a broadband service to un-served premises verified under the Scheme.
Details of service and price will be established in a procurement process under EU rules.
While Department will be paying a contribution towards the infrastructure cost of connection, the cost of the service, which may include up-front costs, will be payable by the applicant.

Timelines

Scheme is open for applications until 29th July 2011 and applications can be received online, by post or phone.
Verification with Service Providers expected to be completed by September 2011
Service Provider for Scheme to be appointed by end 2011 and the rollout of service is expected to commence early 2012.

Ms. Morgan responded to questions raised by the members and advised that further Information Evenings could be held throughout the County, if requested.

The Mayor and members thanked Ms. Morgan for her presentation and her attendance at the meeting.

INFRASTRUCTURAL AND ENVIRONMENTAL SERVICES.

ROADS.

Minutes of Meetings

The adopted minutes of the following meetings, which had been circulated to the members, were noted:

Ballymahon Local Electoral Area Committee meeting held on 18thApril 2011.
Granard/Drumlish Local Electoral Area Committee meeting held on 19th April 2011.
Longford Local Electoral Area Committee meeting held on 19th April 2011.

Committee for Artistic Features

Mr. C. Murphy, Acting Director of Services advised the members that a Committee is currently in place in respect of an artistic feature for the Longford Central Water Supply Scheme. He advised that finance is available for artistic features for the following capital projects:-

N5 Longford Bypass
Ballymahon/Granard Regional Water Supply Scheme

It was agreed that two representatives from each of the Electoral areas of Ballymahon and Granard would join the Committee and that the Committee would then consult with the Heritage Forum.

On the proposal of Councillor T. Victory, seconded by Councillor M. Cahill, it was unanimously agreed that Councillor P.J. Reilly be nominated to the Committee.

On the proposal of Councillor P. Nolan, seconded by Councillor L. Bannon, it was unanimously agreed that Councillor P. Belton be nominated to the Committee.

On the proposal of Mayor P. Connell, seconded by Councillor J. Duffy, it was unanimously agreed that Councillor M. Carrigy be nominated to the Committee.

On the proposal of Councillor S. Farrell, seconded by Councillor M. Carrigy, it was unanimously agreed that Councillor L. Bannon be nominated to the Committee.

On the proposal of Mayor P. Connell, seconded by Councillor P.Nolan, it was unanimously agreed that the incoming Mayor be nominated to the Committee.

WATER.

Minutes of Meetings

The adopted minutes of Water Services and Environment Policy Strategic Policy Committee meeting held on 2nd February 2011, which had been circulated to the members, were noted.

ENVIRONMENT.

Levy on Packaging

Mr. C. Murphy, Acting Director of Services informed the members that the Programme for Government contained a commitment to drive a waste reduction programme and that the Department of Environment, Community and Local Government had commenced a public consultation process on a possible levy on packaging, which is before the members for their consideration. Responses and submissions are invited to reach the Department by 5thAugust 2011.

It was agreed that the matter be deferred to the July Meeting to allow for further consideration by the members.

Septic Tanks

In response to Councillor P.J. Reilly’s query regarding the upgrade of septic tanks, Mr.C.Murphy clarified that Longford County Council are not inspecting septic tanks but the Department are currently looking at ways in which to deal with this issue.

Dog Ownership

Councillor P. Nolan requested that in the interest of promoting responsible dog ownership, if Mr. P. Mulryan, Dog Warden could patrol the Mall amenity areas more frequently during the summer months.

HOUSING, PLANNING AND BUILDING CONTROL AND EMERGENCY SERVICES.

Planning Applications

The list of Planning Applications which had been received since the May meeting of the Council, was submitted and noted.

Quarterly Progress Report on Unfinished Housing Estates

Mr. T. Rooney, Senior Executive Officer, presented the first Quarterly Report on Unfinished Housing Estates to the Members, as follows:

The work of the Unfinished Housing Developments Team is to :-

•Compile and maintain the Register of Unfinished Housing Developments (including mapping on GIS)

•Create a file on each estate which would include key contact information for developers, site owners, company details, company directors, bond providers, financial institutions involved, etc.

•Provide a single point of contact for the key stakeholders, such as the developers, financial institutions, receivers, residents, etc.

•Prioritise action on the estates (based on bond expiry dates)

•Carry out technical inspections on the estates and to liaise with other agencies such as the HSA

•Work with developers and financial institutions to resolve difficulties.

•Take enforcement action where necessary to ensure compliance with conditions.

•Ensure that securities are maintained until TIC.

•48 – estates being worked on at present.

•22 – estates with enforcement on-going.

•13 – estates with enforcement commenced and placed on hold to allow developer to carry out works.

•11 – estates where Council is working with Receiver/Liquidator/Bank

• 2 – ghost estates.

Difficulties being encountered by the Team

•It is getting more difficult all the time to get bonds renewed.

•Receivers, etc trying to get some of the bond money to pay ESB bills, etc.

•Developers are unable to get funding to finish off estates

•Companies being Struck Off, Abandoned, etc before proceedings are commenced or before the court date. Sometimes a developer is gone out of business and a Receiver/Liquidator is not appointed.

•Lack of response from some Developers – not answering phone calls, not accepting notices sent by registered post.

•When a Receiver/Liquidator has been appointed the Developer thinks that he no longer has any responsibility.

Overall Findings/Going Forward

•Every case is different

•Learning as we go along in relation to Land Registry and land ownership, Company Law, Receivers, Liquidators, Banks, Court Proceedings and Court Decisions.

•Priority Lists have been compiled with priority based on bond expiry dates.

•Separate list of old permissions where the enforcement period will expire soon. This list is closely monitored.

•The work of the Team is growing as we commence enforcement on new estates and continue to work on existing cases.

Unfinished Housing Developments and Public Safety Issues

•€5m funding has been made available nationally

•42 estates meet the criteria for such funding.

•18 estates where applications made and awarded funding

•24 submissions to be prepared for further funding.

Public Safety – Proposed Works

•Making the Site Safe

•Making the Building Safe

•Electrical Isolation

•Isolate Water Supplies

•Waste Water Treatment Systems.

•Preventing Access to Unfinished Housing Developments

Involvement of Residents remains a priority.

Councillor P. Belton welcomed the report presented by Mr. Rooney and congratulated Longford County Council on receiving the largest allocation of €400,000 from the funding of €5 million made available to attend to works on Unfinished Housing Estates. The members requested that a list of the Housing Estates to receive funding and the amounts allocated be circulated to the members.

Councillor P. Nolan congratulated the CountyManager on his nomination to the new National Coordination Committee for Unfinished Housing Developments.

A wide ranging discussion followed regarding public lighting, dangerous structures and safety issues. The CountyManagerstated that unfinished housing developments will be the greatest challenge for the next 10 years. The Council will continue with enforcement proceedings and work with NAMA, the banks, receivers and most importantly, residents living in estates that are unfinished. A National Coordination Committee has been established to oversee and monitor progress and funding is to be provided as an annual allocation, over the next number of years. He highlighted that the current tranche of funding is to carry out public safety works. Councillor M. Mulleady asked as to what works were to be carried out under Public Safety funding and it was agreed that this information would be available for the next meeting.

On the proposal of Mayor P. Connell, seconded by Councillor P. Belton, it was agreed to hold a Special Meeting of the Council on Unfinished Housing Estates. The meeting will be held on Wednesday 7th September at 4.00pm in the Council Chamber.

Minutes of Meeting

The Minutes of Housing & Social Policy, Planning & Building Control Policy SPC Meeting held on 28th March 2011, which was circulated to the members, was noted.

Draft Revised Housing Assocation Scheme

Mr. J. Kilgallen, Director of Services stated that in accordance with Section 22 of the Housing (Miscellaneous Provisions) Act, 2009 the 'Draft Revised Housing Allocation Scheme' with the recommendation of the Housing Strategic Policy Committee, is before the members for adoption.

On the proposal of Councillor A. Mitchell, seconded by Councillor P. Nolan, it was proposed to adopt the Draft Revised Housing Association Scheme, as recommended by the Housing & Planning SPC, subject to the following:

That a reference be made in the Allocation Schemeto the Section of the Act specifying the 5-year residency rule.
That the typographical errors, e.g. G(i), G(ii), etc be corrected.

FINANCE DIRECTORATE.

Public Liability Claims

It was noted that two public liability claims were received during May2011.

Report from Rates & Water Debt Management Committee

Mr. B. Lynch, Head of Finance, presented the following report from the Rates & Water Debt. Management Committee. He informed the meeting that the ongoing high level of rates and water arrears due to the economic downturn is a cause of concern for the underlying financial stability of Longford Local Authorities.

At 31st December 2010 the arrears position was as follows:

Commercial Rates: €624,804

Water Charges: €1,304,073

Total: €1,928,877

The downturn has also brought the need to consolidate and update rates legislation into sharper focus. For example the provisions in relation to subsequent occupier liability date back to pre famine times.

Initiatives undertaken

A dedicated Income Generation Unit was established in Longford County Council in September 2010 to improve performance in this area of collections. This new unit has made inroads in arrears in particular for water charges with almost €665K cleared from opening arrears to date.

At the request of the Council at the March 2011 Council meeting the Co. Manager wrote to the Minister for the Environment, Community and Local Government to bring various legislative issues in relation to commercial rates to his attention.

Revenue Collection Staff in both councils deal with the administration of accounts receivable on a day to day basis. However, due to the severe economic downturn greater oversight by senior Management is required. To this end an Executive debt management committee was established with the primary objective of reducing arrears and ensuring consistency in the handling of cases between both local authorities.

The Head of Finance who has functional responsibility for Longford Local Authorities and The Town Manager with the assistance of senior staff carry out the work of the Committee. The first meeting of the Committee was held on 08/04/11