ITEM NO. 1

LIMERICK CITY COUNCIL

A Monthly Meeting of City Council was held in the Council Chamber, City Hall, on Monday, 28th March, 2011 at 4.00 p.m.

The following were in attendance :

IN THE CHAIR : Cllr. M. Byrne, Mayor

COUNCILLORS : G. Fahy, J. Gilligan, M. Hourigan, C. Hurley, K. Kiely, J. Leddin, K. Leddin, J. Long, D. McCarthy, G. McLoughlin, O. McLoughlin, K. O'Hanlon, M. Quinlivan, D. Scully and T. Shortt

STAFF : Mr. T. Mackey, City Manager Mr. K. Lehane, Director of Service Ms. C. Curley, Director of Service Mr. P. Dowling, Director of Service Mr. O. O'Loughlin, Director of Service Mr. P. Murnane, Acting Head of Finance Mr. R. Tobin, Senior Planner Mr. G. Dillon, Senior Executive Officer Mr. P. Foley, Senior Executive Officer Ms. M. Hayes, Administrative Officer Ms. E. Creamer, Staff Officer Ms. J. Chambers, Assistant Staff Officer ------

Prior to the business proper of the Meeting, Cllr. Kiely proposed that a vote of sympathy be extended to the wife and family of the late Joe Moore, Kileely.

Cllr. Gilligan proposed that a vote of sympathy be extended to the family of the late James Boyce, St. Munchin's Street.

Cllr. Quinlivan proposed that a vote of sympathy be extended to the family of the late Francis Allen.

Her Worship the Mayor, Cllr. Byrne expressed her sympathy to the people of Japan for the tragic loss of life and to all those affected following the terrible earthquake and tsunami.

All Members wished to be associated with the above votes of sympathy.

The City Manager, on his own behalf and on behalf of the staff of Limerick City Council, also joined with the Members in expressing votes of sympathy to the above.

Her Worship the Mayor, Cllr. Byrne welcomed the students from who are doing a Masters in Journalism and who are here to observe a meeting of Limerick City Council.

1. MINUTES

On the proposition of Cllr. Hourigan, seconded by Cllr. Fahy, it was unanimously agreed :

“That the Minutes of Monthly Meeting of Limerick City Council held on 28th February, 2011, copies of which were circulated, be and the same are hereby confirmed”. Cllr. Kiely stated that it was himself and not Cllr. Quinlivan, as referred to in the Minutes, who complimented all staff involved in the rounding up of approximately eighty unlicensed horses in the city and he asked that the Minutes be amended accordingly.

In reply to Cllr. Kiely, Her Worship the Mayor, Cllr. Byrne confirmed that a letter was forwarded to the local Representatives in the Dail asking them to note with the highest priority they can accord to delivering the long awaited boundary extension for the city and reject the merger as suggested in the Brosnan Report.

Cllr. O'Hanlon warmly thanked Mr. J. P. McManus who made it possible for Limerick Soccer to purchase the . He stressed the importance of incorporating a Community Centre also in the area and asked the City Manager to appoint a Senior Official to speak to the people of the area about this matter and progress this as there is a great need for this facility in the area.

Cllr. Kiely pointed out that during his mayoralty he worked very closely with Mr. Pat O'Sullivan of Limerick Soccer and also Mr. J. P. McManus about securing a home ground and a Trust has been set up where all interested parties will be facilitated.

The City Manager agreed with the Members that the securing of the Markets Field as a home ground for Limerick Soccer is very welcome and he agreed to work with the community in the area to improve facilities there.

2. CHAIRMAN'S REPORT AND RECOMMENDATIONS, ECONOMIC POLICY DEVELOPMENT AND FUTURE PLANNING STRATEGIC POLICY COMMITTEE MEETING HELD ON 21ST MARCH, 2011

The Chairman's Report, Economic Policy Development and Future Planning Strategic Policy Committee Meeting held on 21st March, 2011, was noted.

Submitted the following Recommendation from the Economic Policy Development and Future Planning Strategic Policy Committee Meeting held on 21st March, 2011, which was adopted unanimously on the proposition of Cllr. Scully, seconded by Cllr. J. Leddin :

“That Limerick City Council compiles a list of all unfinished housing estates within the City and the details of each bond held per estate as security by the City Council and confirm the details of these bonds including the individual value of each bond and whether the bonds are sufficient to enable the City Council to complete outstanding works such as roads, lighting, water/sewerage, etc. in estates”.

Cllr. J. Leddin pointed out that unfinished housing estates is a national problem and he welcomed the fact that Limerick City Council is going to categorise estates and this matter should remain on the SPC Agenda so that progress can be monitored. He enquired if the local authority can enter into a site and carry out emergency works, if necessary.

Cllr. Shortt congratulated Cllr. J. Leddin for bringing this issue to prominence and agreed that some people are living in very bad conditions and he referred specifically to the development at Wallers Well.

Cllr. O'Hanlon referred to the development at Drominbeg where a house was burnt and is now in a dangerous condition.

Cllr. Gilligan also welcomed the Report on unfinished housing estates and said the City Council needs to be pro-active in this matter. He urged caution, however, as the local authority did not create the problem of unfinished housing estates and is restricted in what they can do due to lack of finance.

Cllr. Fahy welcomed the Report also and pointed out that Waller Close was originally named Waller Walk and then Marian Avenue and pointed out that there is only a small amount of work needed to be carried out in this small estate of ten houses. Cllr. O. McLoughlin referred to the difference in the amounts of Bonds and enquired why this is so.

In reply, the Director of Service (Environment and Planning) pointed out that the 'celtic tiger' has been the catalyst for a lot of unfinished housing estates , however, the City Council has commenced work on categorising unfinished estates and agreed to revert back to City Council on the matter.

Cllr. Quinlivan expressed hope that progress will be made shortly in relation to the 'Medieval Fireplace' site at junction of Nicholas Street and St. Peter Street in order to allow development to proceed. He also welcomed the Retail Incentive Scheme which hopefully will help Rutland Street progress.

Cllr. Shortt stated that the Archaeological Society has stated that the most appropriate place for the 'Medieval Fireplace' is in it's present location in Nicholas Street.

Cllr. Gilligan pointed out that the 'Medieval Fireplace' is only a section of a fireplace.

In reply, the Director of Service (Environment and Planning) stated that all sides of the argument regarding the 'Medieval Fireplace' have been taken into consideration but so far there has been very little progress.

Cllr. Kiely informed Members that he was on a short visit to Boston recently during which he secured the visit to Limerick of a delegation from 8th - 12th April, 2011. One of the delegation is Mr. Bill Linehan who is Chief of Planning in Boston and he would like to meet the Directors of Service for Planning and Sport in Limerick. He asked that the Mayor meet this group and facilitate the above meeting. He also stated that he is trying to organise a visit by a professional soccer team from Boston to Limerick in September.

In reply, Her Worship the Mayor, Cllr. Byrne stated that she will meet this delegation and will facilitate a meeting for them with the Directors of Service for Planning and Sport.

3. CORRESPONDENCE

Submitted letter from Senator David Norris asking Limerick City Council Members to facilitate him in presenting his case for a nomination to run for the Office of President of .

Cllr. Kiely formally proposed to meet with Senator Norris and this was seconded by Cllr. Gilligan.

Cllr. Scully pointed out that University of Limerick Graduates do not have a vote in relation to the Election of the President of Ireland and added that Senator Norris has not addressed this issue so, therefore, he would not be in favour of endorsing Senator Norris's nomination but proposed that Senator Norris be invited to come to Limerick City Council and the Elected Members can arrange to meet him individually by appointment.

Cllr. Shortt seconded Cllr. Scully's proposal.

Cllr. O'Hanlon agreed with Cllrs. Kiely and Gilligan adding that people of a national profile should be allowed to run for the Office of President of Ireland and there should be no restrictions.

Her Worship the Mayor, Cllr. Byrne said that the Mayor's Office can be used by Senator Norris to meet the Elected Members individually by appointment.

As all Members were not in agreement a Roll Call Vote was held which resulted as follows :

The Amendment was taken which was proposed by Cllr. Scully, seconded by Cllr. Shortt :

'To invite Senator Norris to come to Limerick City Council and the Elected Members can arrange to meet him individually by appointment' FOR Her Worship the Mayor, Cllr. Byrne, Cllr. Fahy, Cllr. Hourigan, Cllr. Hurley, Cllr. Long, Cllr. McCarthy, Cllr. Scully and Cllr. Shortt (8)

AGAINST Cllr. Gilligan, Cllr. Kiely, Cllr. J. Leddin, Cllr. K. Leddin, Cllr. G. McLoughlin, Cllr. O. McLoughlin, Cllr. O'Hanlon and Cllr. Quinlivan (8)

As the vote was a tie breaker Her Worship the Mayor, Cllr. Byrne had the casting vote and she voted for the Amendment.

As a result the Amendment was declared carried.

4. PARTICIPATION BY MEMBERS AT CONFERENCES

It was proposed by Cllr. Kiely, seconded by Cllr. O'Hanlon and unanimously agreed to approve participation by Members at the following conferences :

Nuclear Free Local Authorities All Ireland Forum Spring Seminar 'Key Nuclear Policy Issues affecting Ireland in 2011' Held in Newry and Mourne Council Offices, Newry 1st April, 2011 Estimated Travel and Subsistence : €468.28 Conference Fee : Nil

Conference organised by Celtic Conferences 'How to be an effective Chairperson' Held in The Celtic Ross Hotel, Rosscarbery, Co. 1st - 3rd April, 2011 Estimated Travel and Subsistence : €425.19 Conference Fee : €100.00

Conference organised by Celtic Conferences 'The Future of Local Politics' Held in The Celtic Ross Hotel, Rosscarbery, Co. Cork 15th - 17th April, 2011 Estimated Travel and Subsistence : €425.19 Conference Fee : €100.00

Elected Members Training Seminar organised by Esperanza Enterprises 'The Good Friday Agreement, Local Government North and South' Held in The Kingsvalley Hotel, Merlin Park, Dublin Road, Galway City 15th - 17th April, 2011 Estimated Travel and Subsistence : €335.84 Conference Fee : €170.00

Local Authority Members Association Spring Seminar 'Economic Revival: A Role for Local Government' Held in The Fairways Hotel, Dundalk, Co. Louth 29th - 30th April, 2011 Estimated Travel and Subsistence : €439.76 Conference Fee : €190.00

Training Seminar for Councillors organised by Kadenza Consultancies Limited 'Programme for Government and Local Government' Held in The City North Hotel, Gormanstown, Co. Meath 29th April to 1st May, 2011 Estimated Travel and Subsistence : €442.30 Conference Fee : €145.00

Conference hosted by the Mayor of Drogheda and facilitated by Drogheda Cross Border Focus entitled 'Mayday Conference' Held in The Westcourt Hotel, West Street, Drogheda, Co. Louth 6th and 7th May, 2011 Estimated Travel and Subsistence : €399.83 Conference Fee : €150.00

5. FINANCIAL STATEMENT

It was proposed by Cllr. Kiely, seconded by Cllr. Hourigan and unanimously agreed to approve Financial Statement for the month of February, 2011.

Cllr. Scully enquired why the balance in the capital account was so high and was informed by the Acting Head of Finance that the City Council is clearing up a lot of old capital accounts and also monies received from the Department of the Environment, Heritage and Local Government had already been allocated in line with the Capital Budget 2011 – 2013 as presented to the Members of Limerick City Council at last January's Council Meeting.

Cllr. Shortt enquired about funding for St. Munchin's Community Centre.

Cllr. Hourigan pointed out that the Estate Manager in St. Munchin's Community Centre was absent for fourteen months and only came back three or four weeks ago hence perhaps this might be why the funding was delayed.

Cllr. Kiely referred to the staff working in the centre who are very good and added that they were asked to give a report and submit their audited accounts to Limerick City Council. The Auditor has instructed that Limerick City Council release no funding until these items have been submitted. He thanked the City Manager and the Director of Service (Housing) for their work and commitment to the Centre.

Cllr. Quinlivan asked that the Grant which has been approved be paid out as soon as possible.

In reply, the Director of Service (Housing) stated that he was not aware that there was a delay in the payment of the funding to St. Munchin's Community Centre, however, he agreed to look into the matter.

6. TENANT PURCHASE SCHEME 2011

It was proposed by Cllr. Scully, seconded by Cllr. Kiely and unanimously agreed to adopt the Tenant Purchase Scheme 2011.

Cllr. Scully expressed hope that the market value of the property is assessed at the time of sale of the premises.

Cllr. J. Leddin welcomed this new Tenant Purchase Scheme. He enquired about the additional discount of €3,800 to tenants under the new Scheme and also if tenants on the Shared Ownership Scheme are excluded under this Scheme.

Cllr. O'Hanlon also welcomed the new Tenant Purchase Scheme which is right and fitting for long term tenants of Limerick City Council. He asked if Limerick City Council will give a mortgage to persons who want to avail of this Scheme but who would not be in a position to get a mortgage due to being long term unemployed. Cllr. Gilligan expressed concern that people living in the Regeneration areas can not avail of this Scheme.

Cllr. Quinlivan expressed concern that progress in the development of the regeneration areas is very slow. He welcomed the discount in the Scheme and pointed out that all tenants should be informed and encouraged to avail of this Scheme.

In reply to Members queries, the Director of Service (Housing) confirmed that the value of each house will be assessed at the time of application and qualifying City Council tenants will be written to giving them details of the Scheme. He added that anybody who fails to get funding elsewhere can apply to the City Council for funding and said those people who are unemployed will not be excluded from availing of the Scheme. He stated that some areas were excluded from the Scheme to facilitate regeneration and stock management and added that there are 2,800 rented houses of which 1,000 are in the regeneration areas.

In reply to Cllr. Gilligan, the Director stated that bungalows are usually for elderly tenants and tenant purchase does not extend to older people hence the houses for older people are generally excluded from a Tenant Purchase Scheme.

7. DECLARATION OF A ROAD TO BE A PUBLIC ROAD AT MEADOWLANDS AVENUE, MEADOWLANDS DRIVE, MEADOWLANDS CLOSE AND BUTTERFIELD CLOSE (PART OF), OLD CORK ROAD, LIMERICK AND TO INCLUDE THE TAKING IN CHARGE OF THE RELATED PUBLIC SERVICES

It was proposed by Cllr. Kiely, seconded by Cllr. Scully and unanimously agreed to approve the declaration of a road to be a public road at Meadowlands Avenue, Meadowlands Drive, Meadowlands Close and Butterfield Close (part of), Old Cork Road, Limerick and to include the taking in charge of the related public services.

8. PRESENTATION ON THE DRAFT LIMERICK CITY COUNCIL PILOT RETAIL INCENTIVE SCHEME FOR VACANT PROPERTY

Cllr. Kiely proposed that a Special Meeting of City Council be convened next Monday, 4th April, 2011 at 2.00 p.m. to receive this presentation and to allow discussion on same.

Cllr. Scully pointed out that this presentation had already been given at the Economic Policy Development and Future Planning Strategic Policy Committee Meeting and it is gone out to public consultation also and, therefore, it was not necessary to convene a Special Meeting to discuss this matter.

The Administrative Officer, Property Management Department then made presentation on the Draft Limerick City Council Pilot Retail Incentive Scheme for Vacant Property.

Cllr. Quinlivan welcomed the Draft Scheme adding that it will bring much needed business back into the city. He expressed disappointment that Nicholas Street was not included in the Scheme. The Scheme has got a positive response despite the national financial situation.

Cllr. Hourigan enquired what the length of the lease is to qualify for the Grant. He referred to the stipulation that buildings with outstanding charges are not eligible and also to the fact that a Direct Payment Scheme will have to be set up. This Payment Scheme could cause a difficulty to some people. He proposed that the shop fronts of business premises be incorporated in the Draft Limerick City Council Pilot Retail Incentive Scheme. This proposal was seconded by Cllr. Scully and agreed.

Cllr. Hourigan expressed disappointment that Wickham Street and Parnell Street are not included in the Scheme adding that these two streets are very active retail streets and would benefit from such a Scheme and enquired about the flexibility of the Scheme to add on more areas. Cllr. J. Leddin also welcomed the Scheme but added that this Scheme should not displace existing businesses. Limerick City Council should be proactive and every effort should be made to promote and market the scheme as much as possible and that the time frame be extended if necessary. Multi national retailers need to be encouraged into the city centre and said the Opera Centre site needs to be urgently developed.

Cllr. O'Hanlon also welcomed the Scheme and expressed hope that it will be successful. However, in order for this Scheme to work other challenges need to be addressed e.g. rates, parking, cost of parking etc.

Cllr. Hurley too welcomed the Scheme.

Cllr. O. McLoughlin welcomed the Scheme and stated that in order for it to be successful it will need to be marketed very well. This Scheme will also provide much needed jobs and enquired if it is being promoted to existing businesses. She also enquired what it will bring to existing businesses and communities.

Cllr. Shortt also welcomed this Scheme which is another positive action being taken to promote and develop the city. The success of the Milk Market has far exceeded expectation and the Creative Limerick Project has also been very successful, however, more auctioneers should get involved in this Scheme. He agreed with Cllr. Hourigan's suggestion to include shop fronts in the Scheme.

Her Worship the Mayor, Cllr. Byrne thanked the Administrative Officer for her detailed presentation and she also paid tribute to the staff who produced this scheme. She pointed out that she has spoken to business people in the city who have had an input into the Scheme and they have expressed very positive views. She encouraged members of the public to come and have a look at this Scheme and to give their views on same.

The City Manager agreed to take on board Members comments adding that the Scheme is in the consultation phase at the moment and the City Council is still getting feedback from the public. He assured Members that the final document will come back before City Council again for final approval. This Scheme is an initiative to address the problem of vacancy in the core of the city and to encourage occupancy here hence that is why it is focused in the core area and has not been extended to cover streets mentioned by Members. The City Council want to encourage quality retailers with higher quality goods to the city centre. The City Council want to focus on the core area initially but added that he is aware that some other areas mentioned would have scope for more shops but the Scheme will be examined as it progresses. He stated that Nicholas Street needs attention but is being addressed in conjunction with Shannon Development under a different project. He confirmed that this Scheme will not extend to people who owe Limerick City Council money and agreed to consider incorporating shop fronts in the Scheme. A lot of money is being spent in developing the city centre and referred specifically to the Milk Market which has brought great vibrancy into the city.

STANDING ORDERS

Standing Orders were suspended for ten minutes on the proposition of Cllr. Hourigan, seconded by Cllr. Scully.

9. PLANNING PROPOSALS AND DECISIONS

The Meeting noted the list of Planning Proposals under consideration at 18th March, 2011 and Decisions taken from 21st February, 2011 to 18th March, 2011.

Cllr. J. Leddin referred to planning application 11/33 – change of use of existing retail unit to bistro at 41, William Street, Limerick and asked that this application be examined thoroughly as there are a large number of similar units already in the area. In relation to planning application 11/26 – development at , Cllr. J. Leddin expressed concern at the boundary wall, which is in a very bad state of repair along South Circular Road and the corner of South Circular Road / Summerville Avenue. He also expressed concern at the traffic problems in the area. He referred to planning application 11/14 housing development at Greenpark Avenue, South Circular Road and pointed out that this avenue is very narrow and would not be able to facilitate further traffic on it. He expressed surprise that planning permission was refused in respect of planning application 11/10 for a cash and carry fuel centre at Dock Road Service Station adding that this is on a main artery into the city and therefore, should not have been refused planning permission.

Cllr. Kiely stated that a planning application will be submitted shortly for change of use of building in Shopping Centre to a bar. This proposal would cause problems due to it's close proximity to Limerick Institute of Technology. He said he was totally opposed to this planning application and if granted planning permission he would appeal the decision to An Bord Pleanala.

Cllr. G. McLoughlin referred to planning application 10/186 development at Star Rovers A.F.C. and Athlunkard Villas A.F.C. which was granted planning permission without certain criteria. A six foot fence was sought to protect the existing playing field, however, this was not incorporated into the planning permission. He added that no consultation took place with the other clubs in the area either.

In reply, the Senior Planner stated that there are several applications for fast food take aways with the City Council at present, however, he said he was aware of the Members views on the matter. He said that an application had not been received yet in relation to the Caherdavin Shopping Centre but said it will be examined very carefully once received. He agreed to organise a meeting in relation to planning application ref. 11/26. He pointed out that planning application ll/10 was refused planning permission on traffic grounds and they were not maintaining the existing filling station exit. He confirmed that there has been many debates in relation to planning application 10/186 and more than one view was submitted to City Council in relation to the height of the fence.

10. AN BORD PLEANALA

The Meeting noted the Decisions taken by An Bord Pleanala from 21st February, 2011 to 18th March, 2011.

11. ANY OTHER BUSINESS

There was no other business.

THE MEETING THEN CONCLUDED

A TRUE RECORD

T. MACKEY CITY MANAGER

CONFIRMED THIS ______DAY OF ______2011.

______MAYOR OF LIMERICK