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Estate proves taxing issue

THE site which contained the outline of five buildings constructed to floor level also had exposed service pipes, a concrete trough like structure that proved a drowning hazard if it filled with water during heavy rainfall and some discarded waste including a razor, bottles, broken glass and a disbanded sign advertising three bed semi detached houses for sale.

Mother Jean Kavanagh told The Clare People how she had to bring her five year old daughter for a tetanus shot after she ran on to the site after a ball and fell.

The concerned mother said that a wooden fence has been erected at that point of entrance since the incident, which has proved successful at that end of the estate, but large areas still remain dangerously exposed.

Brian Canny is one of the unfortunate homeowners who look directly on to the derelict building site.

“Since my family moved into the estate in 2008, there has been little or no work done on the site,” said the young father who had planned on raising his family in a friendly and safe neighbourhood.

Cluain na Laoi Kilkishen is currently divided into two parts with approximately 30 houses accessible from the main road.

This part of the estate appears to be complete, however 12 semi-detached homes at the back of the estate are accessible only through a temporary entrance off a side road.

Three of these houses remain unoccupied, but the remaining nine have young families as householders.

As well as the dangers of the building site, concerned resident have raised fear about the lack of public lighting facing at the back of the estate.

Cassandra Dinan explained how a child was almost knocked down by a reversing car due to the lack of proper lighting, only to be saved by the screams of a neighbour.

“We are trying to be reasonable because we know the economic climate is not easy. We all know we must pay the property tax as that is the law, but we get frustrated when we hear that estates have been finished to a reasonable level when they are expected to pay the tax,” she said.

The small community has bonded over the issues and filled all of the forms required of them so as to allow a bond to be released to the builder to finish of this part of the estate.

Ms Dinan said that the group would be happy if this were to happen but no progress has been made on this issue since last December.

Adding his support to the young families Michael Hogan of Kilkishen Tidy Town’s Committee and the Local Community Development said the village was working hard to enhance the aesthetics of the area, but this remained an eyesore.

CLARE County Council said it is unlikely that housing estates like Cluain na Laoi will be made exempt from paying the residential property tax, even though it was added to the household charge exemption list at a late date,

“The list of estates for exemption from the property tax was compiled in accordance with criteria issued by the Department of the Environment, Community and Local Government and following a comprehensive assessment by Clare County Council of all estates in accordance with that criteria according to Director of Services Ger Dollard.

“The key test was whether the estate was in a “seriously problematic condition” i.e. incomplete to a substantial extent and without services such as roads, footpaths, public lighting, open space etc,” he said.

“Persons who were exempt from the household charge but are now liable for the property tax are not now retrospectively liable for the household charge.” The council official said there was no provision to add to the exemption list as it is carried out by Ministerial order.

“I would expect that the list would be reviewed on an annual basis to take account of progress made on developments which may remove them from being in a “seriously problematic condition” category,” he added.

“Both developments at Kilkishen and Sixmilebridge are on the Council’s active list for progress. We are satisfied that any public safety issues have been satisfactorily dealt with and we are working with the developer to achieve progress on issues on both estates. Work has been undertaken and we would expect further works to take place in the short term.”

Local Councillor John Crowe (FG) said he believed Cluain na Laoi should have been on the tax exemption list, similar to another estate in the East Clare village of Kilkishen.

“The people of Kilkishen have reason to be aggrieved. There are two estates in Kilkishen in that situation and one is still exempt,” he said.

Cllr PJ Ryan (Ind) said he was also of the belief that a resolution to the payment of part of the bond would have to be found, even if it meant the county council buying the material directly for the suppliers. The Cla re People attempted to contact the builder yesterday (Monday) but had no response at time of going to press

.

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Extra beds opened to alleviate pressure

TWENTY beds have been reopened at a Limerick hospital to alleviate chronic over crowding at the regions only 24-hour accident and emergency department.

Patients from Clare, Limerick and North Tipperary have been subjected to long waits and hours on trolleys as the Mid Western Regional Hospital Limerick struggled with patient numbers at it’s A&E.

On Wednesday chief executive of the Mid Western Regional Hospitals Group Ann Doherty announced the reopening of the 20 beds at St John’s Hospital in Limerick.

A statement from the HSE said she was supported by the Minister for Health Dr James Reilly, the Special Delivery Unit and the HSE in her decision.

In the lead up to the announcement a large number of very sick patients were presenting with acute medical conditions particularly respiratory complaints at the hospital, placing the already pressurized hospital in an even more chaotic state.

The HSE confirmed that there has been no indication of a flu outbreak.

“We have had a succession of acutely unwell patients over the age of 70 presenting at the ED. The majority have required admission to a bed. All inpatients are reviewed three times a day to assess their fitness for discharge. However, the reality is that every bed in the hospital is occupied by somebody who needs to be there,” explained Ms Doherty.

“There are no delayed discharges due to people waiting for Fair Deal home care packages or because of inappropriate stays,” she added.

“We are very much aware of the limits of the present Emergency Department and construction has commenced on a new department which is expected to be operational in two years,” she said.

Meanwhile a risk assessment is currently being conducted at the hospital under the direction of the local fire service.

Limerick County Council, as the Fire Authority for the Mid-West Regional Hospital inspected the overcrowded A&E following a complaint.

The HSE has until Friday to completed the Risk Based Assessment.

A spokesperson for the HSE said, “We are very much aware of the inadequacies of the present emergency department and construction has commenced on a new department which is expected to be operational in two years.”

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Lahinch loses 500 members

THE economic recession is hitting Lahinch Golf Club, with the annual accounts for 2012 showing that the county’s flagship course has been hit by a loss of 500 fee-paying members in the last three years.

It was revealed on Friday last that a drop in new membership numbers in the past year has contributed to a financial slide of a 46 per cent decline in profits for 2012.

The figures are contained in the latest annual report showing that the club, which celebrates its 125th anniversary in 2017, saw profits drop by € 248,084 from € 540,231 in 2011 to € 291,947 last year.

Plummeting revenues from entrance fee levies on new members is the main factor behind this drop in profits, with the figures for 2012 drop- ping by 94 per cent from € 262,999 in 2011 to just € 15,000 last year.

This rate of loss has also been magnified by over the past three years the Lahinch has lost 500 fee-paying members, a statistic that was revealed by club captain Ray Hennessy in the report to the annual general meeting that took place on Friday last.

In 2012 membership dropped by 87 from 2,772 to 2,685, a figure that follows on from the loss of 75 members in 2011, a year in which an additional 98 members were granted leave of absences from the club, although many are expected to rejoin.

In a response to tackle the dropoff in membership, the club last year slashed entrance fees for new members from € 25,000 to € 10,000 and also proposed a new intermediate category of membership.

However, the financial figures also show that the drop in membership monies have been offset in part by a seven percent increase in green fee income in 2012 to € 1.13m.

A collapse in green fee traffic post2008 saw a decline of 45 per cent in revenues from the € 1.87m that was garnered in 2007.

This drop saw the club record a combined operating loss of € 1m in 2008 and 2009.

However, a restructuring at the club that plays host to the prestigious South of Ireland Amateur Championship every year saw it return to profit in 2011 when an operating surplus of € 97,626 was recorded.

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Vaccine up take not high enough

WHILE the take up of childhood vaccinations in Clare has increased significantly in the last number of years, it is still not high enough for the HSE to consider the population immune from diseases such as measles, whooping cough and certain strains of meningitis. Specialist in Public Health Medi- cine Dr Rose Fitzgerald told The Clare People that the ideal vaccination target is 95 per cent. “We know if we get 95 per cent up take we get herd immunity,” she said. The public health expert said that there has been a significant increase in the number of people having their children vaccinated in the last five years with the per centage opting for the state vaccination programme jumping from the mid 70s to 94 per cent in many cases. In County Clare there is a slight drop off in the up take towards the end of the programme which Dr Fitzgerald attributes to busy mothers returning to work after maternity leave, and a recent change in the vaccine schedule which led to some confusion. Apathy also plays a part she maintains. Figures from July to September last year show that 98 per cent of Clare parents allowed their infants to be vaccinated against tuberculosis at birth. However that number fell to 94 per cent and less for all others vaccines, with the exception of the first 6 in 1 injections at four months. This was as high as 96 per cent. Dr Fitzgerald said that it was never too late to have a child vaccinated. “Just bring the child to the doctor straight away. “The schedule might change slightly depending on the age of the child in question,” she said.

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Bail for man on harrassment charges in Ennis

A MAN has appeared in court charged with the harassment of a woman on four occasions at a housing estate in Ennis earlier this year.

William Keane (39), with an address at 71 Hawthorns, Limerick Road, Ennis, is charged with the harassment of a named woman at Abbey Court, Limerick Road, Ennis.

It is alleged that Mr Keane did harass the woman on January 25 (2013), January 27 (2013), January 29 (2013) and February 3 (2013). Handing in evidence of arrest, charge and caution by schedule, Inspector John Galvin said the accused made no reply to charge after caution.

Legal aid was approved for solicitor Daragh Hassett. Mr Hassett said he required time to seek disclosure from the State.

Insp Galvin said directions are being sought from the Director of Public Prosecutions (DPP) in respect of the case.

Solicitor for the alleged injured par- ty, Stephen Nicholas, told the court that he retained a watching brief in the case.

Bail was approved for Mr Keane, on the condition he have no contact with the alleged injured party.

Mr Nicholas requested that that the Court order Mr Keane not to have contact of any kind with the woman.

Refusing the application, Judge Patrick Durcan said his original order already stated that the accused was not to have contact of any kind with the alleged injured party.

Judge Durcan added, “That means text, email, ringing, a letter, a knock on the door, anything.”

At one point during proceedings, Mr Hassett told the Court that the alleged injured party was attempting to speak directly to Judge Durcan.

Mr Hassett said he objected to anyone other than Mr Nicholas addressing the Judge.

Mr Keane was remanded on continuing bail to appear again in Court on May 15. DPP’s directions are expected to be known by that date, the court heard.

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Carried concealed knife in Ennis housing estate

A CZECH man was carrying a concealed knife for his own protection when he was stopped by gardaí in an Ennis estate, a court has heard.

Milan Torac (22) was discovered with a four-inch knife by gardaí in Dun na hInse, Lahinch Road, Ennis on Jnauary 29 (2013).

Mr Torac, with an address at 7 Dun na hInse, Ennis, appeared before Ennis District Court on Wednesday.

He pleaded guilty to a charge of having a knife or a blade that was sharply pointed contrary to the firearms and offensive weapons act.

Inspector John Galvin told the court that gardaí found a small knife concealed in a canvas holder inside Mr Torac’s belt.

Insp Galvin said, “He said he kept it for his own protection.”

The accused has no previous convictions, the court heard.

Defence solicitor Billy Loughnane told the court that his client is an unemployed mechanic from the Czech Republic who has lived in Ireland for two years. Mr Loughnane said his client would say that the carrying of knifes in the Czech Republic is not uncommon.

He added, “There is no suggestion he had it for a sinister intent. Thankfully the knife has been confiscated”

Judge Patrick Durcan said he was concerned by the case. He said a dangerous situation could arise if Mr Torac had been carrying a knife with him while out drinking.

He added, “I am particularly conscious of how dangerous these weapons can be and I think every Judge is conscious them.”

Judge Durcan adjourned the case for a brief period to allow him to consider sentence. When the case resumed, Judge Durcan said he needed more time to consider the case. He remanded Mr Torac on continuing bail to appear again at Ennis District Court on March 27.

“This is an indication of how serious I consider this case,” he added.

Judge Durcan also requested to see the knife taken from the accused.

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‘No place to put juvenile offender’

A JUDGE has branded as “crazy” the lack of places in facilities for juvenile offenders in Ireland.

Judge Patrick Durcan made the comment after being told that there were no beds available anywhere in the country on Friday for juvenile offenders.

Judge Durcan was imposing sentence on a 16-year-old Clare boy who pleaded guilty to a public order offence committed at a Health Services Executive (HSE) in Ennis last January. He also pleaded guilty to a charge of theft from Dunnes Stores last April.

Judge Durcan said he was com- pelled to agree with the recommendation of the Probation Services that a detention order be imposed on the teenager.

He said he would impose two detention orders of four months each.

However, Bláthnaid Connolly of the Probation Services, told Judge Durcan that no custodial beds were available anywhere on Friday.

Judge Durcan said, “This is a crazy situation.”

He said it is a matter for the State to provide facilities for young people.

Inspector Tom Kennedy urged Judge Durcan not to finalise his order without a place being available for the boy.

Defence solicitor Tara Godfrey requested that the Court finalise it’s order. She said that if sentencing was adjourned for a week, there was a danger her client “would run away or kill himself.”

Ms Godfrey added, “The court should make this order today.” The court heard that the boy had suffered from drug abuse problems and suffers from ADHD.

Solicitor for the HSE, Aisling Carr, said a significant number of resources had been allocated to the boy over the past year.

Ms Carr said the boy had missed appointments and not co-operated with his addiction counselor. She said the teenager must co-operate with the services to a certain degree.

The boy’s father told the court that he did not want his son to attend a particular service in Limerick City because issues had arisen with some people from the area.

Ms Godfrey said her client suffered from a “bad form of ADHD.

She added, “His father has tried to stand by his son every step of the way.”

Judge Durcan said the boy had to realize he could not be the sole determining factor of his own immediate future. He said the boy had “abused” any level of freedom afforded to him in the past.

Judge Durcan remanded the boy on continuing bail to appear again at Ennis District Court on March 27 for sentence.

He said the HSE had a “particular responsibility in this matter.”

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Teen is awarded €15,000 following fall from slide

A CLARE businessman has been ordered to pay just over € 13,000 to a 15 year-old girl who broke her wrist after she came off an inflatable slide.

Mike McKee of the Shannon based HT Promotions was ordered to pay damages of € 12, 500 and special damages of € 630 to Kyiah Moloney, at Ennis Circuit Civil Court on Tuesday.

Kyiah Moloney, with an address at Clancy Park, Ennis was suing through her mother Jacinta Moloney.

The girl was aged 11 when the occurred at a party at Carnelly Woods, near Clarecastle on June 6 2008. Kyiah Moloney sustained the injuries after a section of an inflatable slide deflated “suddenly and without warning”, the court heard.

The plaintiff claimed that the slide deflated because of an inadequate repair job carried out a few days earlier at the section of the slide where it deflated.

Mr McKee told the court that the slide could not have deflated in the manner alleged as the structure of the bouncy castle is compartmentalised in such a way to take into ac- count the effect of tears.

Mr McKee said the company advises hirers that only two people be allowed on the slide in question at the one time.

Under cross-examination from Counsel for Moloney, Pat Whyms BL, Mr McKee admitted that the restriction is not included in the printed terms and conditions given to customers.

Mr McKee said that the slide could have deflated because of someone jumping on the area.

The court heard that HT Promotions provides a range of inflatables and that the terms and conditions is a standard document.

Judge Tom O’Donnell said he was satisfied that no negligence is applicable to the plaintiff.

He said he was satisfied that there was no evidence of abuse of the section where deflation occurred.

He said he considered the terms and conditions “vague in the extreme”. Judge O’Donnell said it was “not adequate” that the hirer is given an oral warning regarding the number of people permitted in the inflatable.

He said that on the balance of probabilities, the plaintiff is entitled to succeed.

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Four ghost estates exempt from tax

HOMEOWNERS in four Clare ghost housing estates remain exempt for the local property tax, due for payment from July.

However those that own or pay the mortgages on houses in 19 other es- tates exempt from last year’s “household charge” are now expected to pay up this new tax.

All properties identified as not liable for the new property tax by Clare County Council for the Department of the Environment, Community and Local Government that are in the south and east of the county.

Ard na Deirge, Knockycloraun, Killaloe and Radharc an Locha, Scarriff Road, Mountshannon are two of the four Clare estates named in the list of unfinished housing estates published in the last week.

The remaining two estates are in Sixmilebridge – Chuirt an Droichead, on Main Street and Ard Ratha on the Broadford Road. Last year’s waiver applied in respect of the € 100 Household Charge was applied to 23 ghost estates.

The new list however contains 83 per cent less housing estates and reflects what the department describes as “the significant progress made by local authorities in reducing the number of problem estates.”

Not all householders agree however. Approximately 5,000 households nationally are eligible for an exemption under section 10 of the Finance Local Property Tax Act 2011.

Minister for the Environment Phil Hogan said;

“It is right and proper that households in unfinished developments should be exempt from payment of the Local Property Tax.

“The number of properties eligible for a waiver reflects the progress made in tackling unfinished housing developments, as well as the more objective approach to categorisation applied to the 2012 National Housing Development Survey.”

“I would urge people not to assume that just because they were eligible for a waiver from the household charge they will be eligible for an exemption from the local property tax. The list has changed substantially reflecting the improvements made by local authorities in resolving problems in unfinished housing developments,” he said. Information is available on the Department of Environment and Clare County Council websites.

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Mysterious light in West Clare sky was meteorite

WAS it a flair, was it a light aircraft, no, it was a meteorite that fell from the West Clare skies on Tuesday afternoon last and resulted in a massive land, air and sea search.

Around midday, a number of callers reported a “red flare” or a “fire ball” on the sky and making its way inland from Cappa towards Kilrush town.

Another caller later reported seeing what they believed to be a light aircraft on fire.

The Kilrush RNLI was one of the rescue services called to the scene of the mystery light and searched the area from Querrin Point to Cappa village.

“The information that was relayed was that people on the coast saw what looked like a small aircraft, which approaching turned into what seemed a ball of flame.

“At this time the same sightings were reported in the Shannon region,” explained Kilrush RNLI PRO Pauline Dunleavy.

The lifeboat was supported in the search by the Shannon helicopter, and crews from the Kilkee and Mallow Coast Guard, who at this time were involved with another incident in Ballybunnion and crossed the waters and joined in the search following the reports.

At about 2.30pm the search was called off as there was no sight of the mystery-flying object.

“After two and a half hours the search was stood down as the Aviation Department stated there were no aircrafts in the region and the conclusion was that it was perhaps a meteorite landing,” explained Ms Dunleavy.

The mysterious meteorite was just the first call out for a buy RNLI that day.

Just before 9.30pm Valentia Coast Guard again paged the lifeboat crew as a member of the public saw flares in the Kilrush area.

“We launched and after an hour we were stood down as there was no evidence along the shore from Cappa to the Moneypoint area.

“The unit of the Kilkee Coast Guard also carried out an intense shore search,” said a busy Ms Dunleavy.

She praised the members of the public that called in both possible emergencies, and urged anyone who does see anything suspicious out on the water to dial 999 without delay.