Month: November 2006

ENNIS Town Council is pumping raw sewage into the River Fergus, which is listed as a Candidate Special Area of Conservation, because old technology at one of its pumping stations cannot cope with the town’s growing population.

The station at Francis Street is operating beyond its capacity and during heavy rainfall, it automatically pumps raw sewage in to the Fergus less than 100 yards from nearby homes.

Confirming that the problem exists, Town Engineer Tom Tiernan said there were serious problems with the Francis Street pump station.

“The technology there was acceptable 25 or 30 years ago but unfortunately it no longer is. We have not been made aware of any safety or health risk and have explained the situation to anyone who has raised it with us”, he said

Green Party councillor Donal O’ Bearra said the council denied for years that the pump station was unable to handle the load placed upon it by an expanding Ennis.

“In 2003, it was demanded that I withdraw a “scurrilous” suggestion that this was happening but now everyone knows that it was true all the time.”

A CALL was made last night for Clare County Council to establish a sub-committee to monitor the council’s ongoing spend on legal fees.

Independent councillor, Christy Curtin made the call after it emerged that the council has spent €3.648 million on legal fees over the past three years.

In response to a motion from Cllr Curtin, the council revealed that legal costs in 2006 to date were already 50 per cent higher than the outlay for last year.

The figures from the council show that €1.2 million has been spent in 2006 up from the outlay of €825,000 in 2005. This shows that in 2004, the council paid out €1.6 million.

The largest recipient over the past three has been Ennis firm and County Solicitors, Michael P Houlihan, which has received €2 million. To date, this year the company has received €757,000, while last year, it received €573,000 and €676,000 in 2004.

The next biggest recipient in 2006 to date is Desmond J Houlihan who received €210,000 from the council.

According to the council response, “The contract with the new County Solicitor (John Shaw) provides for a fixed fee structure for a range of the most repetitive transactions while a discount of 10 per cent will also apply in respect of other legal work undertaken by the County Solicitor.

It goes on: “Bill of Costs will be prepared by an independent Legal Cost Accountant and as stated a 10% discount on the Bill as prepared will apply.”

Cllr Christy Curtin has previously called for the Council to establish its own in-house legal office.

However, the Council has once more chosen to make an external appointment. Cllr Curtin told last night’s adjourned November Council meeting: “The figures involved are sizeable and I think it is prudent now to establish a sub-committee to monitor the ongoing legal costs which are a burden to the Council.

He added: “We must ensure that the Council gets value for money.”

Cllr Brian Meaney (Green) echoed Cllr Curtin’s call. He said: “I would agree with Cllr Curtin. I believe that the Council was not thinking progressively in not providing for accommodation for the legal officer in the new council headquarters. I believe that best practice is that the Council should employ its own legal officer so that the person can concentrate solely on Council business.”

THE tax-payer is facing an estimated €1 million bill after Ennis Town Council sold a prime town centre site without first resolving a dispute over access to the property.

After five days in the High Court, the Kennedy family from Francis Street in Ennis is to receive €300,000 compensation arising from its dispute with the town council. The local authority has also agreed to pay the Kennedy’s legal costs.

According to James Kennedy, the council’s bill is expected to rise near to €1 million with an estimated €600,000 legal costs as well as costs to technical witnesses.

“I understand the bill will go to around €1 million and it would have been avoided if the council had got off its high horse and started dealing with people directly.

“This took three and a half years to resolve, but it could have been resolved in three hours before any High Court proceedings were brought. It’s bit of a cod that it ever got as far as the High Court. I was always open to negotiation and never gave any impression otherwise, but the council it appears is used to intimidating people.”

The High Court case stemmed from the council issuing proceedings against the Kennedys claiming that they were slandering the title of land the council sold to developers, Ray Staunton and Kieran Flanagan for €1 million in 2003. Planning permission was secured for a four storey apartment building on the site last year, but work hasn’t started because of the dispute. The .445 acre site is adjacent to Glor and was part of 3.5 acres the Kennedys sold to the council under threat of Compulsory Purchase Order (CPO) in 1997.

One of the conditions was that the council would provide an access road from Mary Kennedy’s bungalow. Planning permission was sought by the Kennedys for the access road, but was refused by the council over traffic safety concerns.

Mr Kennedy said the settlement obliges the council to provide an access road to Mrs Kennedy’s bungalow three metres from the original proposed route.

This new route does not cut across the lands sold by the council to Mr Staunton. The site sold by the council to the developers will have to be moved by three metres and it is not known if this will affect the planning permission granted.

In a short statement last night, the town council said that it had agreed to pay the Kennedys €200,000 plus costs. Mr Kennedy said: “The agreement states that we are receiving €300,000.”

Former mayor, Cllr Frankie Neylon (Ind) said he was ‘gobsmacked’ that the council would pursue the Kennedys if there was an agreement to provide access.

“I wasn’t even aware that the case was going on. I would be worried if the pay-out by the council would have a negative impact on the budget for next year,” he said.

THE Poor Clare Sisters have backed down on their threat to end their 48-year association with Ennis over plans by a developer to construct a four-storey apartment block close to their monastery.

Last year, Ray Staunton and Kieran Flanagan secured planning permission for a four-storey apartment block on a site adjacent to Glór. It is to be separated from the Poor Clares by the new inner-relief road constructed by Ennis Town Council.

In opposing the plan, the Poor Clares, through architect Michael Leahy said, “Given the very serious nature of overlooking directly into the convent garden premises, we cannot see how the development as proposed can be allowed to proceed.

“The present location of the Poor Clare convent was chosen in order to be near to the Franciscan Friary, which provides the priests for masses for the Poor Clare convent and church. The sisters have indicated to me that they could not continue their contemplative lifestyle if the project in its present form proceeds and would have no alternative but to leave the present location.”

Outlining the Poor Clares’ “serious concern” over the project, Mr Leahy said that the sisters’ move to an alternative location if the apartment block did proceed “would represent a major loss to the people of Ennis”.

Mr Leahy said, “In addition to their life of prayer and contemplation, the nuns offer religious services to the people of Ennis, providing daily mass, Eucharistic elevation and benediction. They also provide sympathetic listening to anyone who cares to call and provide for specific persons with particular problems. For Ennis to lose this wonderful resource would be a very significant loss.”

However, the council granted permission after the developers met the Poor Clares’ concerns by agreeing to mitigation measures to prevent overlooking of the Poor Clares property.

Abbess, Sister Bernadine told The Clare People yesterday, “Our concerns have been met through a promise to plant trees and put in place screenings”.

Sister Bernadine said that there was no threat whatsoever on the sisters’ behalf to leave their current home.

She said, “None whatsoever. We are very well supported here by the community. We are in our own little world here and this is where we are meant to be.”

ALLEGATIONS of a very bad hair day for an Ennis woman are to be heard at Ennis Circuit Court later this month.

The 44-year old woman is seeking damages from a Clare salon for personal injuries, loss, damage, inconvenience, embarrassment and expense following a perm that went wrong three years ago.

She says she suffered a bald patch of 18cm by 15cm after a hair treatment.

Already, the woman has spent €2,372 on doctor’s fees, medical reports and specialist conditioners on which €1,560 has been spent.

According to documents lodged with Ennis Circuit Court, the woman attended the salon on May 26, 2003 and agreed to use a home-grown perming solution to have her hair straightened.

The documents state that the woman’s scalp began to feel hot and irritated, after the solution was applied to her scalp.

Later that day, the woman’s scalp became itchy and the next day her hair started to fall out. She also noticed a bad smell coming from her scalp.

The woman then went to her local GP and he, “noticed the scalp to be red, flaky and irritated with exclamation mark hairs. A diagnosis of acute eczematous reactions, possibly secondary to the perm solution, was made”.

The woman then went to see a consultant dermatologist who concluded that the woman, “experienced quite a severe irritation on her scalp leading to a development of a large patch of alopecia on her scalp following the application of the perming solution.

“She felt that both the scalp and the alopecia were recovering and that she would have perfectly normal hair within a few months. The advisor was of the opinion that the alopecia and scalp hair irritation were most likely caused by chemical burns and the application of the perming solution to her scalp but she felt she was recovering well from that.”

The document continues, “The woman notes that her hair has regrown, it is of a different quality than the pre-damaged hair and the woman has been depressed as a result of the matters complained of.

“The woman also notes that her hair is still much dryer than it used to be and has required specialised conditioners. The scalp still remains intermittently quite itchy, particularly at night and it upsets her sleep pattern.”

The case is listed for trial at the next civil sittings of Ennis Circuit Court.

SIGNIFICANTLY more people in the Feakle area are presenting with cancer than the national average.

According to a report published by the HSE, ‘Cancer in the Mid-West 1994-2002’, the cases of cancer in the Electoral District of Boherglass were significantly higher than the national rate, while Kilnamona, Kilshanny and Kyle were found to have cancer incident rates significantly higher than the rate for the Mid West.

Leukaemia was found to be significantly higher than the national average in five areas in Clare – Gleninagh (Ballyvaughan area), Ballyea, Drumellihy (Kilrush area), Derrynagittagh (Feakle/Scarriff area) and Ogonelloe.

For all cancers combined, and for all common cancers other than leukaemia, the incidence in the MWHB area was lower than the national average.

For most of the cancer types, the difference from the national average was statistically significant.

Breast cancer was more prevalent in Ballagh (Ennistymon area) and Ballynacally than nationally, while ovarian cancer is higher than the national average in Kilmihil and Cratloe.

The report also found that cases of cervical cancer were higher in Lisdoonvarna than nationally, while pancreatic cancer was higher in Kilnamona and Killimer.

Cases of lymphoma cancer were above the national average in Kilmurry and Tullig. The number of cases of colorectal cancer in Cooraclare was significantly higher relative to the Mid West average.

Lisheen and Mountshannon had a significantly high rate of cases of prostate cancer relative to the Mid West average.

Lung cancer cases were above the national and Mid West average only in Ballynacally.

Meanwhile, a Clare county counillor has called for the abolition of charges for the testing of radon, because Irish deaths from lung cancer resulting from exposure to the gas are among the highest in the world.

Internationally, between six and 15 per cent of deaths from lung cancer can be attributed to exposure to radon, according to the World Health Organisation (WHO).

In Ireland, 13 per cent of lung cancer deaths are blamed on the gas. Clare has been identified as a high risk zone.

Cllr Brian Meaney (GP), called on the Government to drop the €50 charge for radon testing in high risk areas, including Clare.

Cllr Meaney said, “Charging €50 for a radon test means that many households are simply not getting their homes checked.

“I am asking Government to take a small practical step to reduce the risk from this naturally occurring radioactive gas.”

THE Department of the Environment has expressed opposition to a proposed road that may serve a new 42,000 seater stadium in Ennis, citing the location of a little-known battle that took place almost 800 years ago at the 12th-century Clareabbey.

In September, Michael Lynch lodged plans to construct a road-link to the Ennis by-pass that would open almost 60 acres of land for commercial development.

One of the options put forward for the lands near Clareabbey by Michael Lynch Ltd is the development of a 42,000 capacity stadium.

The company has lodged an ‘expression of interest’ in the Clare County GAA Board’s search for a new stadium.

The proposed development of a 1.5 km long single-carriageway is to connect the Clonroadmore industrial estate where the HQ of Michael Lynch Ltd is based and the western relief route of the Ennis by-pass.

However, the proposed development lies within 30 metres of Clareabbey, which the department describes as “one of the most important Augustinian Foundations in the country and is set at a strategic location along the River Fergus.

Recommending that planning not be granted, the department states that the proposed development “is located too close to the Clareabbey”.

The department also points out that the development runs through a second archaeological monument, a battlefield site relating to an important battle in 1278.

The department state, “The development, as proposed, would have an irreversible, adverse effect on the visual amenity and the context of the National Monument and the associated battlefield. This is a green area that preserves the original setting of the monuments.”

The department points out that “the lands between the Abbey and the nearby River Fergus are seen as an area of high archaeological potential.

“The River Fergus would have been an important thoroughfare in the medieval period”.

The department also states that there are several aspects of the Ennis and Environs Development Plan 2003 and the Clare County Development Plan 2005 that substantiate the case for refusal.

Officials concluded that mitigation measures aimed at lessening the visual impact of the road “are concerned with screening and not enforceable in the long term. . .

“However, this Department will be happy to advise on alternative routes that do not impact adversely on this national monument.”

A decision is due on the application later this year.

QUILTY fisherman, Michael Galvin, has hit out at the government over it’s handling of last weeks ban on drift net salmon fishing. Mr Galvin claims that the ban will bring hardship to fishermen in the county and all along the western seaboard.

“All up and down the coast of Clare there are salmon fisherman and this is the main source of income for us,” said Mr Galvin. “With a stroke of a pen they have taking it all away. It’s crazy what they are doing.”

Mr Galvin says that fishermen are angry because of the lack of consultation between the government and local fishermen before the ban was brought in.

“They didn’t consult any one of us about this,” he continued. “I know that there are declining fish stocks but we feel that climate chance is a factor. Climate change is bringing fish to the rivers later. There does seem to be a later run of fish.

“We feel that climate change is the bigger issue. What we are allowed to fish is only a drop of water in a lake compared to pollution. Salmon have knowledge and they won’t go into a river if it is polluted.”

There is also considerable anger among Clare fishermen about the level of compensation being offered.

“We are just supposed to take this on the chin. There should be a setaside system for three or five years and see what happens from there,” continued Mr Galvin.

“I’m sure if we were farmers or white-collar workers that we would get a fair crack of the whip.”

THE ESB has warned of the “serious safety implications” from acts of vandalism on its overhead electricity network, following two attacks on an ESB transformer in Ennis.

These attacks rresulted in an engineer being hospitalised and homes and businesses being evacuated.

In the first of two incidents in recent weeks, an ESB Networks engineer was injured while helping to evacuate the area around a transformer that had been vandalised.

He suffered severe burns and was treated in hospital for two days.

A chain was thrown onto the equipment resulting in a small explosion and fire.

Several homes and businesses were left without power for several hours.

Two units of the fire brigade, an ambulance and gardaí attended that incident at Ashline on the Kilrush Road.

“There would have been a flash and sparks when the vandalism took place.

“A member of ESB Networks staff was hospitalised while helping in the evacuation and making the scene safe.

“He was detained in hospital for 48 hours before being allowed home,” a company spokesman said.

Vandals struck again at the same location last Monday, but no one was injured in that incident.

The same transformer caught fire when a steel chain was thrown onto it.

Emergency services again responded quickly and made the area safe.

The ESB has warned that those carrying out the vandalism risk serious injury and possible death, as well as compromising the safety of people living in the area as electricity is being brought to earth in an uncontrolled environment.

“We have passed the matter over to the Gardaí who are investigating. The matter of prosecution is one for the Garda as the matter has now been passed to them,” the company added.

One local businessman said, “The first day it happened, we were all told to leave the area and move onto the road, but away from where the transformer was. It is lucky no one was killed. When it happened the second time, we couldn’t believe it. The guards know who did this and hopefully they will take action.”

A CLARE county councillor has called for controls to be introduced to halt “the endless advertising of high-fat foods and in particular to audiences including children.”

The councillor was voicing concerns at the figures on weight gain in Ireland published last week by the European Commission in their Eurobarometer Food and Health Survey.

The report states that Europeans weigh more in 2005 than in 2002. In 11 out of 15 Member States, the weight of citizens has increased.

The Green party councillor – who has campaigned in the past against McDonalds locating in Ennis – says there should be more control of how fast food companies advertise.

“The fast food companies are trying to change their image but little has changed in reality. I have been informed that in some fast food outlets, fries in Kiddie’s meals could not be provided ‘salt free’.”

Supporting his call for a fight against fat, the councillor quotes figures showing that fruit consumption in schoolgoing children has nearly halved since 1998.

Just 36 per cent of schoolgirls and 29 per cent of schoolboys eat more than one portion of fruit daily. Only 43 per cent of schoolgirls and 37 per cent of schoolboys eat more than one portion of vegetables daily.

The councillor said that research showed that 40 per cent of children exceeded the recommended daily allowance (RDA) of fat.

“Irish adults consume 10 grams of salt per day. This is over 50 per cent higher than the national target of six grams per day and more than double the RDA of four grams.

“Thirty-nine per cent of Irish adults are overweight and 18 per cent are obese. Levels of overweight and obese children in Ireland are higher than the European average. Twentytwo percent of 5-12 year olds are now overweight or obese.”