COMHAIRLE CONTAE CHORCAÍ
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Minutes of Proceedings at Meeting of Cork County Council held in the Council
Chamber, County Hall, Cork on 13th May, 2013.
I LATHAIR
Comhairleoir S. O’Coileán, Leas Mhéara Chontae
Comhairleoiri Uí Nia, Uí hEigeartaigh, Ó Crualaoch, D. Ó Síocháin, P.G. Ó
Murchú, J. Suilleabháin, Mac Coistealbha, Ó Ceallaigh, Ó Burtúin, Pleaminn, Mac Craith, Ní
Fhúarthain, Ó Baoighil, C. Ó Caoimh, Ó Drisceoil, MacCárthaigh, Ó Floinn, T. Ó Coileán, G.
Ó Murchú, Ó Buachalla, Donnagáin, Críod, Ó Muimhneacháin, MacGearailt, R. Ó Síocháin,
Ó Sé, N. Ó Conchubar, T. Ó Siocháin, Ó hEigeartaigh, N. Ó Coileán, Ní hAonghusa, S. Ó
Conchubar, Ó Donnabháin, Ó Muirthile, S. Ó Suilleabháin, Ó hEalaithe, Ó Ruairc, C. Ó
Suilleabháin.
PRESENT
Councillor J. A. Collins, Deputy County Mayor presided.
Councillors Neville, Hegarty, Crowley, D. Sheehan, P.G. Murphy, J.
Sullivan, Costello, Kelly, Burton, Fleming, McGrath, Forde, Boyle, K. O’Keeffe, O’Driscoll,
McCarthy, O’Flynn, T. Collins, G. Murphy, Buckley, Donegan, Creed, Moynihan, Fitzgerald,
R. Sheehan, O’Shea, N. O’Connor, T. Sheahan, Ml. Hegarty, N. Collins, Hennessy, S.
O’Connor, O’Donovan, Hurley, J. O’Sullivan, Healy, O’Rourke, C. O’Sullivan.
County Manager, Senior Executive Officer
Pupils of Coláiste Chraoibín
The Mayor welcomed the pupils and teachers of Coláiste Chraoibín, Fermoy, to the Council
Chamber.
CONFIRMATION OF MINUTES
1/5-1
Proposed by Councillor M. Hegarty
Seconded by Councillor N. McCarthy
RESOLVED:
“That the minutes of meeting of the Council held on 22nd April, 2013, be
confirmed and signed by the Mayor.”
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Crisis in Farming and lack of Fodder
Cllr. F. O’Flynn said at the last Council Meeting the fodder crisis affecting Irish Farmers was
discussed and the Minister for Agriculture had been asked to meet a deputation from Council.
He asked if any response had been received from the Minister’s office.
Members made the following points:
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Farmers feel let down by the lack of a response from the Minister;
Failure to respond on foot of a lengthy debate by Members is unacceptable;
Farmers feel that the banks are unapproachable;
Agricultural negotiations in Europe are at a critical stage and the Minister is directly
involved in those talks;
The proposed fund of €1m is not sufficient;
People are unaware of the impact this will have on the future economy;
The impact of the crisis on the mental health of farmers has been raised with the
Minister;
Farmers should avail of Animal Welfare Scheme to ensure that their animals will not
starve;
The Minister is doing his utmost and is willing to engage;
Climate change will have a serious effect on global food in the future;
There is a sense of abandonment of the farming community and the experiences on
the ground are alarming;
This is one of the most hardworking Ministers and he is doing all he can to assist
farmers.
The Senior Executive Officer advised Members that the request for a meeting with the
Minister was brought to his attention, and was acknowledged but to date no meeting has been
arranged.
Suspension of Standing Orders
Councillor N. Collins proposed, seconded by Councillor M. Hegarty, that Standing Orders
would be suspended to discuss the ambulance service in East Cork.
The Mayor advised that this matter would be taken at 1pm.
VOTES OF SYMPATHY
2/5-1
TO:
John Cronin, Dromahane, on the death of his wife, Margaret.
TO:
Mike Murphy, on the death of his brother-in-law, Steve Kirrane.
TO:
The wife and family of the late Dick Barry, Fermoy, former TD and Councillor.
TO:
Marian Salter, Housing (West), on the death of her mother, Mary O’Sullivan.
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TO:
The family of the late John Desmond, former employee Bantry Area.
TO:
The family of the late Paddy Barry, former employee Newmarket Area.
TO:
The family of Donal Walsh, Tralee, Co. Kerry. Members paid tribute to the
extraordinary courage Donal showed before his death.
TO:
The family of Daniel Shine, former employee, Mallow Area.
Statutory Business:
DISPOSAL OF LAND
Councillor T. Collins referred to item 3(m)/5-1 and requested that the land at Meelin would
be retained for housing and for no other development.
Councillor F. O’Flynn referred to items 3(o)/5-1 and 3(r)/5-1 and also asked that these lands
would be retained for housing.
The Manager said that the Council has borrowed up to €50m for land in advance of
development and now the national policy is not to build houses on that land. He said that
under the Land Aggregation Scheme, land is to be transferred to the National Housing
Agency along with the loan charges.
The Senior Executive Officer advised Members that these disposals had been approved
already and a change to the title of the NHA necessitated their circulation again.
Cllr. Neville queried if the Council would be able to buy the land back in the future from the
National Housing Agency and asked the Manager what the Agency’s intentions would be for
the property long term.
The Manager said that loan charges would be payable on these lands unless they are
transferred. He said that should the Council require these lands in the future, they may
become available but the loan charges would still be attached. In his view, it is not a matter
that will arise for quite a while.
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DISPOSAL OF 0.057 HECTARES AT BROOKLODGE, GLANMIRE, CO. CORK.
3(a)/5-1
Proposed by Councillor N. Costello
Seconded by Councillor N. McCarthy
RESOLVED:
“That, in accordance with the provisions of Section 183 of the Local Government Act
2001, the disposal of property as shown hereunder shall be carried out in accordance
with the terms specified in the notice issued to members dated 15th April, 2013.”
DISPOSAL OF 0.011 HECTARES AT BROOKLODGE, GLANMIRE, CO. CORK.
3(b)/5-1
DISPOSAL OF LAND AT CAMDEN, CROSSHAVEN, CO. CORK.
3(c)/5-1
DISPOSAL OF LAND AT CANON SHEEHAN PLACE, DONERAILE, CO. CORK.
3(d)/5-1
DISPOSAL OF LAND AT AGHARINAGH, DRIPSEY, CO. CORK.
3(e)/5-1
DISPOSAL OF LAND AT CLOUGHMACSIMON, BANDON, CO. CORK.
3(f)/5-1
DISPOSAL OF LAND AT THE MILES, CLONAKILTY, CO. CORK.
3(g)/5-1
DISPOSAL OF LAND AT TOWNSEND STREET, MARDYKE PARK,
SKIBBEREEN, CO. CORK.
3(h)/5-1
DISPOSAL OF LAND AT CARRIGTWOHILL, CO. CORK.
3(i)/5-1
DISPOSAL OF LAND AT COLLERAS, GOLEEN, CO. CORK.
3(j)/5-1
DISPOSAL OF LAND AT KNOCKNAGREE, CO. CORK.
3(k)/5-1
DISPOSAL OF LAND AT LOMBARDSTOWN, MALLOW, CO. CORK.
3(l)/5-1
DISPOSAL OF LAND AT MEELIN, CO. CORK.
3(m)/5-1
DISPOSAL OF LAND AT SLIP, BANTRY, CO. CORK.
3(n)/5-1
DISPOSAL OF LAND AT STAGPARK, MITCHELSTOWN, CO. CORK.
3(o)/5-1
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DISPOSAL OF LAND AT BARRACK ROAD, YOUGHAL, CO. CORK.
3(p)/5-1
DISPOSAL OF LAND AT BAWNLAHAN, UNION HALL, CO. CORK.
3(q)/5-1
DISPOSAL OF LAND AT DUNTAHANE ROAD, FERMOY, CO. CORK.
3(r)/5-1
Roads Act, 1993:
DECLARATION OF PUBLIC ROAD
4/5-1
Proposed by Councillor N. O’Connor
Seconded by Councillor M. Hegarty
RESOLVED:
“That, being satisfied that a public right of way exists over them, and the
roads are of general public utility, Cork County Council hereby declares
pursuant to the provisions of Section 11(1) of the Roads Act, 1993, the
following roads to be public roads:Road at Ard Cashel Estate, Watergrasshill, linear length 1,125 metres
Road at Abbey Heights, Abbeystrowry, Skibbereen, linear length 78
metres.”
NOMINATION OF MEMBER TO BALLYHOURA DEVELOPMENT LTD.
5/5-1
On the proposal of Councillor D. J. Fitzgerald, seconded by Councillor A. Moynihan,
Councillor K. O’Keeffe was nominated to the Board of Ballyhoura Development Ltd., for a
further term.
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Corporate Policy Group:
CONFERENCE LIST MAY, 2013
6(a)/5-1
Proposed by Councillor M. Hegarty
Seconded by Councillor A. Healy
RESOLVED:
“That the Conference List for May, 2013, be hereby approved.”
CONTRIBUTIONS TO OTHER BODIES
6(b)/5-1
Proposed by Councillor M. Hegarty
Seconded by Councillor G. Murphy
RESOLVED:
“That the following contributions be hereby approved:
€15,000
€20,000
€10,000
€6,500
€7,000.”
Ocean to Cities Race:
National Way Marked Ways:
Muintir Na Tire:
Cork City Sports:
Gael Taca:
Councillor V. Neville queried if similar detail could be made available with regard to
allocations from the Economic Development Fund.
The Manager said he understood that a similar list is available through the Economic
Development SPC.
Councillor G. Murphy said that there may be some sensitive commercial information that
some companies would want withheld but that the SPC will look into making the information
available.
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Northern Committee:
POOR RELIEF BILL 2003
7/5-1
Proposed by Councillor N. McCarthy
Seconded by Councillor F. O’Flynn
RESOLVED:
“That this Council indicates its support for the Private Members’ Bill, known
as the Poor Relief Amendment Bill 2013.”
During a discussion, Members made the following points:
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This is a timely motion as the Bill in the name of Deputy Paudie Coffey is currently
going through the Dáil;
Rates law dates back to the 1800s and is very unfair to new businesses who want to
set up;
Outstanding arrears left by previous occupiers are an obstacle to new businesses;
The local authority should not be left with the debt, rates arrears should be paid by the
previous owner not the new one;
The Council should do all it can to assist in the establishment of new businesses;
It makes no sense for a business to inherit a rate bill;
This is one of many rates issues raised over the last few years;
If villages and small towns are to survive, rates need to be reviewed;
Businesses should be rated on their profitability;
There are a large number of vacant premises around the County;
Any rate decrease would only be of benefit to large companies;
Areas in which people want to go and shop should be maintained and the aim should
be to keep town centres vibrant.
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Notices of Motion:
VALUE OF BONDS DRAWN DOWN BY COUNCIL
8/5-1
Councillor S. McGrath proposed, seconded by Councillor A. Moynihan, the following notice
of motion:“To request a report detailing the total value of Bonds actually drawn down by the
Council in respect of residential developments during the year 2012 and to clarify
how many developments were involved. Also, to detail the total value of all
outstanding Bonds in respect of residential developments which remain in place with
Cork County Council.”
Members noted report from the Director of Planning, which outlined as follows:Set out below is the requested information for the year 2012. This relates to cases where the
Council lodged claims on bonds because of lack of progress by developers. The number of
claims exceeded the number of developments because in some cases claims were lodged in
respect of a number of bonds in respect of some developments (i.e. separate bonds for
different phases). It should be noted that lodging claims has resulted in development works
being reactivated by developers and in some cases the Bond Surety would engage in having
works done and it therefore may not be necessary to pursue all such claims for settlement and
payment.
CLAIMS LODGED
2012
16
770,981.81
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No. Claims Lodged
Value of Claims
No. of developments
CLAIMS PAID
2012
4
211,601
4
No. Claims paid
Value of Claims paid
No. of developments
At present the Council holds 355 Bonds to the value of €28,065,536.
During a discussion, Members made the following points:
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Residents are experiencing enormous problems living in estates where nobody is
responsible for services;
Bonds should be used to carry out works in estates;
Some estates over 20 years old have not been taken in charge because no request has
been received by the Council from the Developer who now may be long gone;
The bond is supposed to provide assurance to residents but this is not the case;
Only 4 bonds drawn down in the whole county suggests a softly, softly approach;
The Council needs to face up to its reluctance to draw down bonds;
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Queried if level of bonds is reasonable;
People cannot sell houses in estates that have not been taken in charge;
People have a real fear that local authorities will add 15% to the property tax charge
to provide these services;
The Council is not tackling this issue vigorously enough and needs to take stronger
action;
Queried the access the Council would have to the €28m in bonds;
Developers also feel that the Council should draw down the bonds;
North Cork has the worst ghost estates and only one bond has been drawn down in
the area;
This is a complicated system and each case is different;
The Council must provide more resources to the enforcement section;
If the Council does not grasp the situation quickly, it will be left with more and more
problems;
Financial institutions are making it more difficult to draw down bonds;
People buy houses in good faith and deserve to have properly finished estates;
There is a cost to the Council in resolving the situation;
Estates should be taken in charge within a specified timeframe;
Some developers are co-operating willingly with the Council;
There needs to be a Task Force set up to include legal and planning staff.
At this point, Cllr. J. O’Sullivan took the chair
The Manager said that he would reject the notion that a softly, softly approach is being taken
by the Council and that Members must be mindful that the Council did not create this
problem. The Developers and the Financial Institutes have their part to play. He said that he
cannot stand over an action that would simply take on those problems which they would
readily agree to. He said that there is a step by step process that developers are required to
complete in an estate and it is not a matter for the ratepayers to carry the cost. He said it is the
Developer’s problem and they are being made carry out the works.
The Manager said that bonds will not solve all the problems and they can initiate a legal battle
with costs and have no guarantee of winning. He advised that the bond only covers for
infrastructure difficulties, which are currently huge and the bond would not cover them
completely. He said that the Council has taken in charge 500 estates out of 1000 and is now
looking at bringing older estates to a conclusion and that he would report to Members on
same in the next few months.
The Manager advised that the Council would keep pressure on developers, in order to ensure
that works are completed in estates and that they live up to their responsibilities. He said he
would have some sympathy for developers who want to carry out the works but cannot get
access to funding. He advised Members that it would be overly simplistic to think that bonds
will solve all the problems.
The Manager said that the Council is currently taking in charge 40-50 estates per year and
would intend to takeover more estates in the future without drawing down the bond. He said
that most bonds are with developers in NAMA and as a state agency, they should be ensuring
that unfinished estates are brought up to standard by the Developer. He said that bonds in the
future will be higher and Financial Institutes will be reluctant to give them out.
The Manager said that since the property collapse, there has been more than 180 estates in the
County with serious problems and there will be a bill for this, which could affect ratepayers
and those who pay their property tax. Once an estate has been taken in charge, it becomes the
responsibility of the Council.
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Cllr. D. Forde said that there needs to be a provision in the Act that the history of a developer
must be taken into consideration and prevent their applications from being successful if their
record is poor.
The Manager said that there is a provision in the Planning Act that makes reference to poor
performance record but it is not a provision that has been used to date. He said local
authorities would have to weigh up carefully how it would be used when making planning
decisions.
Cllr. S. McGrath said that this was an issue that was experienced in all areas across the
County and that he would not be encouraging the Council to relieve Developers of all their
problems. He said the Council should look at drawing down bonds to take in charge older
estates. He asked that the Manager would provide a list of the bonds affected by the IRBC.
Suspension of Standing Orders – Ambulance Service East Cork
It was agreed to suspend Standing Orders to discuss reports that no ambulance was available
to respond to a serious incident in Midleton.
Members made the following points:
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No ambulance was provided following an accident involving a child;
The child had to be brought to hospital by car;
Sympathised with the parents on the loss of their young son;
There is a need for a 24/7 ambulance service in Midleton and Youghal;
It is unbelievable that no ambulance was provided;
There are many unanswered questions surrounding this case;
Call for a representative from the HSE to attend a Council Meeting and provide more
details;
People are in fear of no ambulance being available;
CUMH are under incredible pressure with a lack of resources;
The newly reformed ambulance service for East Cork is not working;
A quick response was always guaranteed from a 999 call but this is no longer the
case;
The Ambulance Service is wasting precious time waiting in hospital grounds;
The HSE and HIQUA should make a statement about the case.
It was agreed that Senior representatives from the HSE and Ambulance Service would be
asked to attend a meeting to brief Members on the operation of the Ambulance Service.
As the time was now 1.15 pm an extension of time was agreed on the proposal of
Councillor M. Hegarty, seconded by Councillor N. McCarthy
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WIND FARM DEVELOPMENT
9/5-1
Proposed by Councillor N. Collins
Seconded by Councillor D. Hurley
RESOLVED:
“That this Council request the Department of Energy to reconsider the current policy
on development of “Wind Farm Development” to ensure adequate local consultation
with all parties.”
Members made the following points:
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There are no mandatory requirements for public consultation for wind energy
development;
The only requirement is for dialogue with the community before a planning
application is made;
The opportunity for the general public to engage is being ignored by developers;
There has been no public notice in East Cork of the proposed Wind Turbines;
Local people are worried as there is a presumption of the Council’s acceptance of the
wind turbines in the County Development Plan;
Communities need to be kept informed as wind turbines do effect them in the long
term;
The planning application stage is too late to bring to the attention of the public;
Some people were in favour of wind turbines but development of them impacted
negatively on their lives;
The wind turbine policy needs to be reviewed and more technical information given;
Wind turbines are becoming a nuisance and should be developed off the coastline.
The Manger said that the Council’s policy on Wind Farm Development is part of the public
consultation process through the County Development Plan. He said that the advice to
developers is that they should engage with local communities with proposals for wind energy
development and not surprise them with a planning application.
VOTES OF CONGRATULATIONS
10/5-1
TO:
Kilmeen Drama Group on winning the All Ireland Open Drama Final for the 3rd
successive year.
TO:
Craobh Lachtain Naofa on the first Fleadh Ceoil in a Gaeltacht area.
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ANY OTHER BUSINESS
11/5-1
Opening of Tenders
The following tenders were opened at the meeting:
R581, Doneraile to Newtwopothouse Road Realignment Phase 2 – 14 no.
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N20 Annabella Overlay Scheme – 5 no.
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Cork Lower Harbour - WWTP Site Investigation – 5 no.
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Cork Water Supply Scheme – Storage – 6 no.
TV reception on Beara Peninsula
Cllr. J. Sullivan said that since the digital television changeover, homes in the Beara
Peninsula have been experiencing reduced quality in picture, particularly during times of bad
weather.
It was agreed to refer the matter to the Minister for Communications.
This concluded the business of the Meeting
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