Minutes of the Ordinary Meeting of Bray Town Council held in the Council Chamber, Town Hall, Bray on Tuesday 5th November 2013 at 7.30 p.m. Present: Councillor Tracy O’Brien, Cathaoirleach Councillor John Brady Councillor John Byrne Councillor Eugene Finnegan Councillor Mick Glynn Councillor David Grant Councillor Ronan McManus Councillor Ciaran O’Brien Councillor John Ryan Councillor Pat Vance Councillor Sarah Wray Also present: Mr. Des O’Brien, Director of Services Ms. Christine Flood, Town Clerk Mr. Marc Devereux, Town Engineer Mr. Stephen Fox, Executive Engineer Ms. Triona Irving, Administrative Officer Apologies: Councillor Rossa Murray Councillor David Grant opened the meeting by extending a Vote of Sympathy to the family of Mr. Kevin Meehan who had recently passed away. Mr. Meehan was St Kilian’s Community School first Principal, serving in that role from 1981 until his retirement in 1998. He had previously served on the teaching staff and as Vice Principal of St Brendan’s College, Bray. As Principal, Mr. Meehan was an inspirational leader, extremely progressive in his approach to education and was very active in the community. He played a central role in countless civic, sporting and community organisations. His work with the Ballywaltrim and District Recreational Development Association established the school’s Sports Hall and Playing Field, and he was a tireless campaigner for the preservation, for sporting and recreational use, of what is now the Ballywaltrim Recreational Park. He played a major role in facilitating the establishment of Bray Choral Society. Mr. Meehan also served as President of Woodbrook Golf Club. Mr. Meehan’s vision led to the establishment of the twinning of St Kilian’s Community School with Matthias Grünewald Gymnasium in Würzburg, Bavaria in 1983. This was the platform for the strong civic and business links that the two areas now enjoy, due to the subsequent formal twinning of the town of Bray and the county of Wicklow with the city of Würzburg. Mr. Meehan served for thirty-five years on the Board of Management of Marino School, Bray, twenty years of this as Chairperson. He also served on the Board of Directors of Enable Ireland. We extend our condolences to his wife, Bríd, his son, Dáire. A minute’s silence was observed, as a mark of respect. Councillor Brady called for the suspension of Standing Orders in order to discuss the sentencing of Wicklow County Council on the 25th October 2013. Both fire-fighters were from the town and there is a meeting next week in Wicklow County Council. This proposal was seconded by Cllr. Finnegan who stated that it was one of the greatest tragedies to happen in this town and if it is not discussed today then at the least it should be on the agenda of the meeting next month. The members raised the following points: Other members who do not have the full report are at a disadvantage. This should be discussed but only when all the relevant information is available and this cannot happen until after the discussion next week. 1 It is important to know what has happened and the report circulated to those who are not members of Wicklow County Council. It is not appropriate at this stage, Wicklow County Council are the fire authority. We should not rush into this until we get all the facts. It is a biased report from Wicklow County Council and won’t give any insight, we need to be given access to the Book of Evidence. I am concerned as to how the Fire Brigade is still being run, we should look at the policy of checking calls. We must also look at the fact the Station Officer lives in Baltinglass. It was agreed by the members to place this item on the December Meeting Agenda. Before the meeting commenced the Town Clerk read the following extract from the Standing Orders regarding the rules and protocol for the benefit of the visitors in the gallery: ‘Members of the public shall be seated and maintain silence and observe any directions given by the Cathaoirleach or by any employee in attendance upon the Council. Such employees are responsible for the execution of all measures necessary for the maintenance of order and decorum in and about the Chamber. If a member of the public interrupts a meeting at any time or endeavours, without the permission of the Council to address a Meeting, the Cathaoirleach shall warn her/him and if the interruption continues shall order that person‘s removal. In the case of a general disturbance in any part of the Meeting Room open to the public, the Cathaoirleach shall order that part to be cleared. No cameras of any kind or sound recording or communication equipment may be used at meetings of the Council without the prior approval of the Council. The use of Mobile phones shall not be permitted at meetings of the Council’. The Town Clerk then concluded by welcoming all present. 1. Confirmation of Minutes of the Ordinary Meeting Dated 1st October 2013 Councillor John Byrne proposed confirmation of the minutes of the Ordinary Meeting of 1st October 2013 and Councillor John Ryan seconded the proposal. The Cathaoirleach informed the members there was a slight change to the agenda, item number 2 would now be a presentation from Dominic Gunshenan, CEO of Shoreline Leisure 2. Presentation on Shoreline Leisure Dominic Gunshenan, CEO of Shoreline Leisure presented the members with an update on what was happening. It is now over 5 years since the start of this venture. Despite the economic climate Shoreline is holding its own. Footfall and business in general has been reasonably well, it is quite tough out there but we have been lucky. Maintenance is ongoing and its cash in cash out. Our timetable of our activities is quite diverse. We have open swims, school sessions, Bray Lakers to name but a few of the activities. Work started in the last few days on a 400m2 2 storey extension. We have listened to feedback and need to change direction slightly. The focus will be on functional training equipment for this extension and we are looking at a completion date at the end of March. The members raised the following points: I welcome Mr. Gunshenan and I find it hard to believe that it is 5 years and wish to compliment him on the way that things are run. When the facility was developed in 2008 the management committee of the park were to be compensated for the lose of a pitch. The changing room facility has not happened. Clubs do not get preferential rates for the astro turf, the pool etc., how is this going to be addressed? 2 Some sort of deal should be struck to facilitate clubs; it would only involve a limited loss of revenue. The Pool Advisory Committee has always taken on board any comments made to them and have acted swiftly on them. There was some talk of installing CCTV is there still a need for them? The centre is in superb condition after 5 years. Would it be possible for the centre to open 2 more mornings at 7am, there is a demand for this. There is a basic fault with the extension; the dressing room facilities are downstairs. I can’t understand why there are no additional units on the top floor to separate the gym and the pool. The staff is always professional and courteous and are a credit to you and your team. You are always ahead with the classes you provide. I would like to acknowledge your part in the Katie Taylor homecoming and the provision of the media centre which was highly praised. We should be proud of this facility. I would like to highlight a safety issue near the entrance. There have been a couple of near misses, the road markings need to be changed. I am highlighting this as it is something that can be fixed quite easily. Is there anyway we can restructure fees to make the facility more accessible to families? If we role back in time, it was said that this facility was in the wrong part of Bray, it was out of the town. There would be traffic problems and it was not sustainable. The correct decision was taken and it has been a success. Mr. Gunshenan assured the members that there issues would be brought to the attention of the committee. The best buzz since the centre opened was the Katie Taylor event. The issue of the entrance will be brought to the attention of the board and will be researched to see what is going on. 3. Presentation on Springfield Cemetery Stephen Fox, Executive Engineer presented the member with a report on the operation of Springfield Cemetery and the proposed enhancement plan. Springfield Lawn Cemetery is owned and operated by Bray Town Council and is located on a 5 ½ acre site on the Killarney Road to the south of the town. The Cemetery came into operation in 1982 and has since been the principal burial ground servicing the needs of Bray. The cemetery was designed as a lawn cemetery and the Councils policy regarding its operation reflects this. Unfortunately in recent years enforcement of this policy has been somewhat lax, consequently a number of issues have arisen with regard to the cemeteries operation, maintenance and upkeep. In order to provide additional facilities at the cemetery and enable its future ease of maintenance an enhancement plan has been prepared. This plan seeks to: a) improve the amenity of the cemetery as a place to visit through the provision of additional and renewed landscaping; b) provide Columbaria (Urn walls) to accommodate cremations; c) provide an ‘Angels’ plot & Memorial garden; d) provide for the topping-up, leveling & reseeding of plots including removal of ornamentation from the grave surface. Mr. Fox introduce Kinta Oakes, landscape architecture who made a powerpoint presentation to the members as follows. The existing cemetery: The main axis lacks a focal point and is currently a soil depository at the end of the axis. Secondary axis lacks focal point at either end. Cemetery boundary requires reinforcing as a sense of place. Entrance to the cemetery requires a stronger threshold between outside and inside. The site is open and exposed. The proposed new layout 3 New Columbarium area: This location is the most important place in the hierarchy of the cemetery: it is the highest point, gives a focal point and an end to the main axis with views to Bray Head and should hold approximately 208 urns per wall. Memorial Garden and Angels Plot: A sitting area for contemplation. Receives the most sunshine and has views to Sugarloaf and Little Sugarloaf. Front entrance improvements: Proposal for a new sign to be mounted on the left hand side of gate onto wall. To condense different signage into one sign placed to the right hand side of the gate. This would reduce visual clutter. Soil Depository: To be moved to the bottom of the cemetery and screened. This would require the construction of a new road for truck access and tar macadam area for soil. Proposed planting: there have been some challenges on this but only suitable species will be used. The Cathaoirleach reminded the members that this matter was dealing with planting/landscaping and not the policy issues of the cemetery. The members raised the following points: First I am delighted that this report has come through so quickly. Seeing what it can be makes you realise how poor it is at the moment. It will enhance the peaceful area and focal points. I have one question, why the white walls, they don’t last they just draw graffiti, can planting be place in front of the walls to deter this from happening? Would more seating be possible throughout the graveyard? Some colour would be nice for example lavender. This process has turned into something unreal, what is this process costing us? This is already an existing Council policy, the angles plot, the urn wall presented to us by an outside body. We are presented with a sham policy, a fancy document it does not address the concerns of people who have relatives buried there. The human aspect is missing in all of this. It is failure of the management; it would be remiss of the Council to adopt this. An Ombudsman file has been opened on this and the Ombudsman has initiated an examination of this. The plan is excellent; it shows vision and is not haphazard. It improves the outlook of the cemetery and the layout is great. Perhaps we could use anti-graffiti paint on the wall. I am delighted with this in 10 years Councillor Brady has not put anything on public record. He only cared when it was controversial and is amused by this presentation. The fact is the graveyard is not in the condition that we want it to be in. We want to provide the best we can, some graves have been levelled off the feedback has been very positive. We want to provide something that people can be proud of. I would like to compliment Stephen Fox on this. He has spent a lot of time and has given it the attention it deserves. We should not forget the human element in all of this, there has been on thought to the inner self. We have not dealt with all the issues; we have only provided the setting that should have been there a long time ago. It is a compromise that only looks at one side. I have read the document, is part of the process to disturb the graves. I assume at this state if this policy is adopted there will be no interference with graves before this discussed fully, can we be assured of this? The negativity shown to the professional involved is disgusting. This is a well thought out document; details show the potential the cemetery has. This is a contentious issue that needs to be speedily addressed. Maintenance is a serious issue, will a team be provided for this? It is more than keeping a hedge trimmed, there is a reasonable amount of work all year round. Will €175,000 ensure that the work is done? This is what should have been happening for 31 years. 4 This has been raised continuously and I welcome the statement that enforcement has been lax. Regarding boundary treatment some residents have a problem with Leylandii if this can be addressed. Ongoing could be carried out over the next number of years and funding allowed for in the estimates. I have no problem with this programme, it has always been in our interest to have a lawn cemetery. Could lighting be placed around the seating areas to deter anti-social behaviour? Ms. Oakes informed the members that lavender would help with colour but the biggest challenge was maintenance. Stephen Fox, Executive Engineer, informed the members that Leylandii would be removed and replaced with hedging; suitable trees species would be used. Regarding future maintenance, grass would be cut a couple of times a year and there would not be a significant increase in maintenance. Works will run in parallel, for obvious reasons such as temperature works for the grass finish could not be carried out over the winter months. The Cathaoirleach informed the members that the Council will write out to the families and that they would be made aware of the timescale. 4. Disposal of Fee Simple Interest in 77 O’Byrne Road, Bray, Co. Wicklow. Councillor John Byrne proposed the disposal of fee simple interest in 77 O’Byrne Road, Bray, Co. Wicklow and Councillor Pat Vance seconded the proposal 5. To Consider the Taking in Charge of Briarwood Estate, Vevay Road, Bray, Co. Wicklow. Marc Devereux, Town Engineer recommended that the Taking in Charge of Briarwood Estate be as per the advertisement to include the open spaces as well as the roads and services. The members raised the following points: This is a saga that has been ongoing for a number of years, there is no bond and the residents have been on tender hooks. An Bord Pleanala granted permission for this estate but did not condition a bond. There have been serious issues since this estate was built, permission was granted under suspicious circumstances. I would push for the open spaces to be taken in charge as well. Taking this estate in charge will give the residents some degree of confidence. The residents deserve that their services are to a fair standard. It is imperative that the Council improve drainage and communicate with Wicklow County Council and private landowners to make this happen. Two houses were badly flooded, I have noted that the problem is with Bray Golf Club Wicklow County Council should enforce this issue with them. Legally we have no choice we are just going through the motion, what works will the Council have to do? What is the cost to put this right? Bray Golf Club have made a reservoir at the 18th hole it has made a difference. Is Wicklow County Council actually taking action? Councillor John Byrne proposed the taking in charge of Briarwood Estate and Councillor Pat Vance seconded the proposal. 6. To Consider the Housing Progress Report. The members raised the following points: Cedar Court I welcome the report regarding Cedar Court does the Council now intend to carry out the repairs? The tenants have been stuck in the middle now perhaps there is an end in sight. Is the bond to be used? 5 What is the nature of the works? There is a list to be addressed, not just dampness but insulation windows and doors. The residents have been very patient. It would be worthwhile to carry out an inspection before any works are carried out. Central Garage The clean up of the Central Garage is welcome, we have land banks but they are pointless we need houses. Oldcourt Is there any update on phase 2 of the Oldcourt Works? Miscellaneous Houses are being offered to applicants which, are unsuitable on medical grounds, the applicants should not be penalised for 12 months under these circumstances. It should not be enforced. Some families are being penalised by the Scheme of Lettings, this was not envisaged. There seems to be a huge problem with the TUS workers for Deerpark, workers have been pulled from the area, can this be addressed? This is a chance for the community to help themselves. There are 2 properties on the O’Byrne and there have been complaints about the safety and security of these sites. Any flexibility in housing allocations has been made impossible because of incidents in the last few months. Sutton Villas I am very disappointed that this matter has not progressed. The site is in an appalling state. It is not safe and unfair on the residents. What are we going to do it is in the same condition as it was 5 years ago. It is a farce; we need honesty on what is happening. Kilbride Lodge What is the position with the build to lease scheme on the Kilbride Lodge site? 86 units that would be 10% of our housing application list if we get the go ahead. The housing list is continually growing. Marc Devereux, Town Engineer informed the members in relation to Cedar Court that the Council would use our framework of contractors to carry out works and we were aware of all the issues Sutton Villas the site will be tidied up as soon as possible, the contractor is gone. However, we need to carry out a survey before work can begin. Triona Irving, Administrative Officer informed the members that the Council were hoping to let the units on O’Byrne shortly in the meantime we would keep an eye on the properties. Housing accommodate is offered according to a person needs. When a person turns down a property they have to wait a year. This is in line with the Scheme of Letting Priorities which was adopted by the members. It is up to the members if they want to change the policy. There are guidelines set by the Department which have to be taken into account. Reports from Consultants and not GP’s are taken into consideration. A tenant is eligible to make an application for a transfer after 1 year. Regarding the TUS workers we are consulting with the unions at this time. Bray Town Council made an application for funding for 2 houses for people with special needs and this has been approved and the works will be completed before Christmas. Oldcourt works, we have received a letter from the Department giving us €15,000 per house going forward, the rest of the money will be funded by the Councils Internal Capital Receipts. All tenants who applied to be included in the Oldcourt Energy Efficiency Works were invited to a meeting at which the draw for the first phase of works took place. The remaining tenants will be written to inviting them to attend a draw for phase two and 28 units will have the works carried out. 6 7. To Consider Planning Matters No planning files were requested The members raised the following points: Barracuda I see the Barracuda are looking for a licensed premises can we have an update on the lease. Can we refuse if it is likely to lead to financial ruin? Schering Plough – Planning Register Reference No. 13/97 It is a sad comment that we have received this application to demolish the existing buildings and erect a new fence on this site. Someone must want this site, as far as I remember it has it own sewage treatment plant. Is a tenant for this site being actively being pursued, this is a fine building and we don’t want another A.O. Smith site. A line of communication should be open. The value is in the land not the building we don’t want another derelict building. It could be used as an enterprise centre. This looks a superb facility/building. Miscellaneous Can we have a look at the protection of trees following the felling of some in the past few weeks? Can this be referred to the M.P.C. for their agenda to look at the clauses of the tree protection policy, it is not strong enough. The erection of a fenced off area at the harbour is this temporary? The Town Manager informed the members that it was hoped that the works at the Boxing Club would be finished at the end of October but should be finished in approximately 2 weeks. The temporary compound should be demolished at that time. 8. Reports and Recommendations River Dargle Flood Defence Scheme Bray Town Council received notification from SIAC Construction Limited (SCL) advising that the company is under interim court protection (under the Companies Amendment Act, 1990). Examinership is the facility to seek the protection of the High Court whilst negotiating a structured settlement with creditors. Owing to the sensitive nature of this matter, Bray Town Council will not be speculating on this process. Bray Town Council and the Office of Public Works remain committed to completing the River Dargle Flood Defence Scheme to the high standard of protection of other OPW Flood Relief Schemes. While progress has not progressed as quickly as we would have liked this year arising from a fundamental design issue, which was then subject to a dispute resolution process. This is a formal process allowed for under the Contract. Both the Employer (BTC) and the Contractor (SIAC Construction Ltd) have engaged with the conciliation process and have worked to tight deadlines in an effort to resolve matters. Nevertheless, the unavoidable delay has resulted in missing the environmental window for 2013. It should be noted that the works that have been completed to date (including the construction of the culvert at Bray Bridge) will have a beneficial effect in alleviating the flood risk. Marc Devereux, Town Engineer, informed the members there is a conciliation process ongoing at the moment which is confidential. There is a hearing tomorrow in the High Court, we still have a contract and contractor. The members raised the following points: 7 There is very little work taking place, the residents are expecting something to happen, are works ever going to start again? There is genuine concern, all is unclear, the contractor is in examinership this raises other questions. There is anxiety in the area, Council communication has not been good. The Dargle website and the information notice boards have not been updated. People have not been informed of what is going on. There is uncertainty can this go on indefinitely? We just want to see the scheme completed. Can we proceed as soon as possible? What is going to happen come next summer? We need to send this message to the O.P.W. There is fear out there, machines have been parked up and there is a lack of information. This is an exceptional situation and it key to decipher information to the communities. Could a newsletter be drafted up? What level of protection can be provided? There is a section of the river wall at Glenburgh that is weak can this be addressed? What is the nature of the bond which is in place? What are the deadlines/timelines of the conciliation process? It is very important that Bray Town Council and the O.P.W. make the strongest possible case. What is the estimate of the timeline, can we have some sort of idea of what to expect? The job up to now has been superb especially at the bridge, I am just concerned about the weak spots. It is incumbent on us to take remedial action. We have to act responsible and check statements before they are made. Some housekeeping needs to be carried out for example at the road junction of Ravenswell Road and Castle Street; the road is in a bad condition. Could the area of Gertrude Terrace opposite the park be added to the housekeeping list? Marc Devereux, Town Engineer informed the members that the bond is in accordance with the Departments guidelines. There is no time line for a conciliation process. We will carry out a survey of the weak spots The Town Manager informed the members that we have to operate within the law, contract law can be unforgiving. We are holding out for what was in the E.I.S. The scheme is going ahead both Bray Town Council and the O.P.W. are fully committed to this and the O.P.W. has been very supportive. It has not been forgotten just delayed. A lot of work has been carried out for example the raising of the walls and increase of the river capacity. It is difficult to communicate when there is not much to communicate at present. Three Year Capital Programme Amenity and Placemaking Project Placemaking and Wayfinding Study Harbour Redevelopment Masterplan including bridge Seafront Playground Facilities Spring Field Cemetery Plan Improvements to Pavilion Peoples Park Refurbishment of Victorian Shelters Improvements to North Esplanade Refurbishment of Railings 150,000 100,000 150,000 200,000 15,000 45,000 65,000 160,000 8 North & South Esplanade Playing fields improvements 15,000 Transportation Project Dargle Footbridges Hills Garage / N11 Little Bray Environmental Zone Killarney/Church Rd Junction Killarney Lane Improvement Kilbride Lane Improvement Water Services Project Upr Dargle Rd Water Main SW Sewer Fass- Sutton Villas Herbert Rd Ardmore Sewer Upgrade Putland Rd FS replacement Sugarloaf SW Sewer separation (cont. of Wolfe Tone) Upr Dargle to Beach Rd SW separation Ardmore Storm separation Charnwood storm separation Seacrest-Westfield Pk storm separation Reline East Main Street FS Stable Lane culvert/sewer reconstruction Vevay Hill service water main Beechurst New Sewer St Kevin’s Connolly Sq SW Drainage Vevay Village Storm separation Lwr Dargle Rd- Ravenswell New sewer Convent Ave sewer Renewal Water network supply augmentation Bray Reservoir Refurbishment 200,000 500,000 20,000 450,000 500,000 500,000 250 Ø x ~200m 225 Ø x 200m 100,000 50,000 300 Ø x 240m 100k 225 Ø x 300m 450 Ø x 300m 150,000 200,000 300 Ø x 300m 110,000 120k 150k 33k 300m 80k 150k 100 Ø 30k 225 Ø 75k 35k 450 200k 750 Ø 250k 375 Ø 70k 50k 50k 35k Council Mick Glynn, Chairman of the Financial Committee informed the members that at the moment three year programme is it just aspirational. The members raised the following points: There is no mention of the seafront shingle that has been washed away. Can the County Brook at Dargle Vale be added to the list? Is Ballywaltrim Playing Fields included? 9 Deerpark and Heatherwood need playing pitches. A €100,000 for the Harbour Redevelopment, it more likely €200,000. We have not spent a penny on the Harbour in 20 years. There is an estimated spend of €900,000 under Amenity and Placemaking, only €30,000 allocated for playing fields this is not fair we need a better balance. 9. Task and Action Log Due to time constraints this matter was not addressed 10. Notice of Motion Due to time constraints this matter was not addressed 11. Correspondence The Town Clerk informed the members of the following correspondence: Free Parking at Christmas A letter was received from Ms Linda Fitzpatrick, Chairperson of the Bray Chamber of Commerce Town Centre Committee regarding the Christmas Festival. The Chamber has requested additional signage including directional signage and warning signs for car-parks and on the approaches to the town. They have also requested Free parking every day from 3 p.m from 1st November to 31st January. Free parking on Saturdays In 2012 the Christmas in Bray promotion was launched. This consisted of a shopping stroll, a Santa’s Experience, live crib and a Gathering Tree. All these events were heavily promoted in the local media. This was at no cost to any of the traders involved with the shopping stroll. Free parking was promoted on each Saturday in the car parks for the month of December. We also contribute €20,000 to the Christmas lighting in the town. It is proposed that free parking in the Florence Road and Bray Town Council’ area of the Herbert Road car-park be provided on Saturdays and Sundays from 16th November 2013 to 4th January 2014. It is intended that a Christmas Programme similar to the very successful 2012 programme be organized in conjunction with Bray and District Chamber of Commerce and Bray Retailers. It is intended that the programme be publicized in the local media and that signage be provided on the approaches to the town. The members agreed. Oldcourt Park Road Safety Project. A request has been received from Michael Roddy, Chairperson on behalf of the Oldcourt Park Road Safety Project Committee to make a deputation to the members at the December Meeting. They are requesting that the Council create a cul de sac. This is being made in light of two surveys, and a number of meetings with the residents in the area. We believe this is an urgent matter that has to be heard and discussed by the full Town Council prior to it final dissolution. The members agreed. The members raised the following point: I think it would be a good idea if the officials put forward a proposal that the members could vote on. 10 12. Any Other Business Due to time constraints this matter was not addressed * * * * This concluded the meeting. Signed: _______________________________________ CATHAOIRLEACH Signed: _______________________________________ TOWN CLERK Dated: ___________________________________ 11