Minutes of the April Meeting of Kilkee Town Council held on Monday 7th April 2008 at the Sweeney Memorial Library, Kilkee

Cathaoirleach sa Cathair:

Cllr. P.J. Lardner

I Láthair:

• Cllr. Brian Keane
• Cllr. Tom Nolan
• Cllr. Michael McGrath
• Cllr. Claire Haugh
• llr. Lily Marrinan Sullivan
• Cllr. Michael Martin
• Cllr. PJ. Linnane
• Cllr. Carmel Deloughery

I Láthair:

• David Timlin Director of Service & Town Manager
• Derek Troy, Executive Engineer
• Siobhán O’Keeffe, A/Town Clerk

1. Minutes of the March monthly meeting of Kilkee Town Council held on Monday 3rd March 2008 at the Sweeney Memorial Library, Kilkee.

The minutes of the March monthly meeting of Kilkee Town Council held on Monday 3rd March 2008 were adopted having been proposed by Cllr. Linnane and seconded by Cllr. Lardner.

2. Set date for May Monthly meeting

It was agreed that the May monthly meeting of Kilkee Town Council would take place on Tuesday 6th May 2008 due to the scheduled date falling on the May bank holiday Monday.

3. Update on Review of Kilkee Traffic Management Plan

Update submitted by Eamon O’Dea, Senior Executive Engineer, Kilrush

There has been ongoing contact with An Garda Siochána regarding this matter over the last number of weeks but to date no formal response has issued from the Inspector who has responsibility for these matters at county level.
Following that, I will revert back to the elected members of Kilkee Town Council and Kilrush Electoral Area.
Notwithstanding this, orders have been placed for certain signage, which will allow us to proceed in a timely manner, once agreement has been received on all of the proposals.

Update Ends

It was agreed to take items 4 & 9 together

4.Report on Storm Line in connection with Convent Development

9. Notice of Motion submitted by Cllr. Tom Nolan

"That details of plans in respect of surface water, alternate to disposal on the beach at Kilkee, be revealed".

Cllr. Nolan said that he wanted to keep the pressure on Clare County Council on this issue. He said that at present there was no place for water to go in Kilkee except onto the beach and that this was reaching a crisis point in terms of the potential impact on the amenity of Kilkee beach. He said he wanted the Kilkee Sewerage plan to be put on hold until a way is found to deal with storm water.

Response submitted by Eamon O’Dea, Senior Executive Engineer

The majority of storm water from Kilkee will discharge either directly or indirectly onto the beach at Kilkee. This will be directly from storm water sewers and shore outlets along the seafront or from existing shores or streams that are discharging onto the beach at various locations. The Council has requested under planning conditions that all larger developments provide storm water attenuation on site prior to discharge to storm water network.
The Preliminary Report for the Kilkee Sewerage Scheme shows three locations where upgrading of exiting storm water outfalls to the beach are proposed at Jimmy’s Hill, Pantry Lane and the Band Stand. The Council have requested that the contractor reinstates the stone facing around the stormwater outlet. The work carried out is replacing an existing storm water outlet which is adjacent to the position and would have been part of the much needed Kilkee Sewerage Scheme.

Response Ends

Derek Troy, Executive Engineer advised members that he was now in a position to give an updated response following an earlier meeting today of the Kilrush Electoral Area where it was agreed that Clare County Council would contact the consultants who had prepared the Preliminary Report on the Kilkee Sewerage Scheme and request that they explore whether all 3 outlets can be diverted. He said that this update was not available to him until just before the Town Council meeting and so could not form part the formal response. He said he hoped to have some feedback by the next meeting and committed that no connection had been made or would be made until final agreement / solution had been reached. He stressed that any water finding its way onto the beach is doing so naturally at present.

5. Notice of Motion submitted by Cllr. Lily Marrinan Sullivan

"That the attached letter be agreed on by members of Kilkee Town Council for distribution to the individual 11 owners of the commonage quarry at Moveen East and put on Kilkee Town Council letter head"

Text of letter was as follows;

RE:: Quarry at Moveen,Kilkee and its Impact on the Local Environment on the residents of Kilkee and on  the local Economy.

To:: All the known tenants with commonage rights  to the land now being quarried.

From:: Moveen Quarry Action Group c/o Kilkee Town Council

Historical Perspective…..Prior to 1968 the lands at Moveen East were no more than heathery scrub with occasional excavation for pencil gravel for use by the tenant landowners  in their own personal  farming context. After Sean Keating had twice been refused permission by Clare County Council to quarry gravel from  Moveen [on environmental grounds] Mr Keating secured a letter of permission from a Government Department to quarry gravel for the stated intention of back-filling drains as part of a grant-aided scheme to make bad land good in West Clare. At the time Mr Keating did not expect to excavate any more than  approx 50 sq. yards. At the time there does not seem to have been any local objection to the quarrying as it was on a small scale. Further, as the money for the scheme dried up before the land, the scheme and the quarrying ended in the early 1970’s. Subsequently, there was no more than occasional forays into the ‘quarry’ for the odd load of gravel, mainly by Gerry Lynch, Kilfera. By the early 1980,s, the quarry was defunct.

In the late 1990,s, excavation recommenced on a large scale;the County Council tried to stop it as unauthorized development, Mr Gerry Whelan was brought to court but people that the County Council expected would turn up on the day to give evidence against Mr Whelan’s operations, did not turn up. The case was lost. Mr Justice Sean O’Laoire decreed that a’’ quarry was a quarry’’, and that the planning permissiom obtained in 1968 was unconditional and that remained the case. The judgement was not challenged. 

The Present…..The scale of operation now is of an industrial nature. Approx 160 acres of land is designated as the registered quarry area. Mr Whelan expects to take 240,000 tonnes of gravel  a year from the quarry. The Council have imposed conditions on his operation, but he has appealed these conditions. A decision is awaited from an Bord Pleanala on the appeal; in the meantime, a very destructive environmentally damaging process is under way that the town and area may never recover from. The Cliff Walk and Cliff Drive are out of bounds, they are unsafe to walk on and to drive on. The peace and quiet that Kilkee residents are entitled to has been shattered, their property damaged and the amenity that Kilkee once was for tourists has been put in jeopardy. In effect, livelihoods are threatened. Tourism is Kilkee’s only sustainable industry.

The Solution…..It is common knowledge that the current operator of the quarry is not its full owner, but operates on a lease given to him by the landowners who have commonage rights. This ‘lease ‘ may not be a written lease, but as long as he is allowed operate without objection from the original tenant landowners,he operates under an unwritten lease. This unwritten lease says, quite simply, ‘’don’t any of you dare to stop me’’.But that is not the point. The point is that the landowners are  allowing the destruction of lives, environment and economy purely by doing nothing. The landowners may claim they are innocent. But ultimate responsibility for the damage rests with the landowners who can not claim to be ignorant of what is going on. Ownership demands responsibility for the use of the property.

It is accepted that it is not easy for one landowner to act alone in this type of situation, and for that reason all owners are being circulated with this letter to encourage those that have an understanding of fair play to come together and take responsibility , jointly, to end the destruction.

Kilkee Town Council has agreed that ,if even one landowner signs over his commonage rights,[ even on a temporary basis], to the Council, that the Kilkee Council will then , on behalf of the environment, economy, and the people of the area act in a legal manner to immediately stop the destruction. In this way, owners can absolve themselves of blame for what is going on and, in turn, earn the gratitude and respect of this generation and the next.

Anyone , or any group wishing to  come forward, is urged to contact Siobhan O’Keeffe, the Town Clerk for Kilkee at 9051047, or in writing , by letter to the Town Hall, Kilrush.

….issued by Moveen Quarry Action Group  10/03/2008

Cllr. Marrinan Sullivan advised that she was looking for agreement from elected members to appeal to the landowners regarding the impact Moveen Quarry is having on Kilkee in terms of the Cliff Walk, condition of road, traffic levels etc.

Cllr. Nolan said he was in support of the letter and the intention behind it. He said that the letter would go to the individuals who have commonage rights saying that all these individuals have responsibility for what goes on in the Quarry and that this letter would afford any one of them the power to do something. He said it was an invitation to join with Kilkee Town Council to tackle this matter. Cllr. Linnane said he would not be supporting this motion and felt that it could leave this council open to litigation. He stressed that this was not within the remit of the powers of Kilkee Town Council and that the Moveen Quarry Action Group should be dealing directly with Clare County Council. Cllr. Linnane said that this was becoming more like a witch hunt and stressed that this Quarry was a legal operation. Cllr. Martin said that while it may not be within the direct remit of Kilkee Town Council it was having a detrimental impact on Kilkee and business people are saying that business is being adversely affected. Cllr. Haugh said that she would not be supporting this motion and would not be party to anyone losing their jobs. She said there was no proof that tourism will be damaged or adversely affected. Cllr. Lardner said that he would not be supporting the motion and that he would prefer to see structures put in place to deal with the problems of over- laden lorries such as a weigh bridge to be put in place. He said that the reality of the situation is that Kilkee Town Council does not have the remit. Cllr. McGrath asked who the Moveen Quarry Action Group were? Cllr. Nolan replied saying that they were ordinary people from Kilkee who had come together spontaneously to try and support the council on this issue.
It was agreed that a vote would be taken.
The following elected members voted in favour of the motion; Cllr. Marrinan Sullivan, Cllr. Martin, Cllr. Keane, Cllr. Nolan, Cllr. McGrath.
The following elected members voted in favour of the motion: Cllr. Linnane, Cllr. Haugh, Cllr. Lardner, Cllr. Deloughery.
The motion was passed 5 to 4.
David Timlin, Town Manager advised that it was his duty as Town Manager to act in the best interest of this Council and so would have to refer this matter for legal advice. He said that the issue of this Quarry crossed over 3 areas of legislation – Environment, Planning and Roads, none of which Kilkee Town Council had a remit in. The quarry is situated some distance outside the town boundary. He flagged his concerns regarding Kilkee Town Council getting involved in land ownership. He also queried the legality of the Council allowing another body writing to landowners " care/of "the Council.
Cllr. Martin and Marrinan Sullivan expressed their frustration that the Town Manager had not raised his concerns at the start of the discussion. Cllr. Nolan said that it was the duty of the Town Manager to act on a democratic decision of the Elected Members.
David Timlin, Town Manager said that he did not wish to influence the members’ deliberations in advance. The Town Manager stressed again that it was his duty as Town Manager to act in the best interest of this Council and so would have to refer this matter for legal advice.

6. Notice of Motion submitted by Cllr. Lily Marrinan Sullivan

" That an alternative plan be found regarding the proposed closure of the Kilrush Kilkee road in view of the inconvenience it will cause to both businesses in the area and individuals who work outside of Kilkee"

Response submitted by Eamon O’Dea, Senior Executive Engineer

An initial request from the Contractor on the West Clare Water Supply Scheme for a temporary road closure of the N67 from Lisdeen to Moyasta was rejected by the Council.
The Contractor then examined the full length of the road in detail and outlined to the Council in their risk assessment that in their opinion as experienced contractors that they would be unable to carry out the works in a safe manner for both their workers and the general public using the road, as the remaining width of road available for traffic outside the work area and reduced lateral safety zones is less than the recommended minimum lane width under Traffic Sign Manual Chapter 8 - Temporary Traffic Measures and Signs for Roadworks. 
The Council then examined their proposal, particularly in the area of provision of lead vehicles in a possible stop / go shuttle system to reduce speed of traffic through the works area, which would permit the reduction of the lateral safety zone (area between the works and traffic along the works area) and the HGV numbers to reduce the minimum lane width (width for passing motorists) and found that the minimum required lane width was not available outside the required work area of the contractor in the majority of the road section from Lisdeen to Moyasta.
The Contractor endeavoured to carry out the works on the R487 Carrigaholt Road single pipeline with a stop / go system without full regard to the new Traffic Sign Manual Chapter 8 which resulted in a traffic accident between one of their machines and a car and a number of HGV getting stuck in road drains and ditches while trying to pass the works area.
The Temporary Road Closure was sought by the Council in the interest of safety of the road users. Objections and representations may be made in writing before 5.00pm on Thursday 10th April.

Response Ends

Derek Troy, Town Engineer, advised that a decision would not be made until the period of consultation had lapsed and that all considerations such as emergency services will be taken into account.
Cllr. Marrinan Sullivan said that the proposed road closure at this time of the year borders on insanity. Cllr. Haugh said that Clare County Council will have to look at an alternative or postpone the works. Cllr. McGrath said that larger trucks would have great difficulty if diverted off the main route.
Cllr. Linnane proposed that Kilkee Town Council forward a submission to Clare County Council. It was unanimously agreed to forward the following submission:
"Kilkee Town Council calls on the roads section of Clare County Council to find an alternative to the proposed temporary road closure of the N67 Kilkee to Kilrush in connection with the West Clare Regional Water Supply Pipeline. In the event that Clare County Council cannot find an alternative, Kilkee Town Council calls on Clare County Council to postpone this proposed road closure until October (winter months) in the interest of the economy of Kilkee".
Cllr. Nolan said that he couldn’t understand how it would be necessary for the road to be closed at all times. He said that it would move a dangerous situation onto another road, will have serious impact on Kilkee and that he didn’t buy into it being a clear cut health and safety issue.

7. Notice of Motion submitted by Cllr. Lily Marrinan Sullivan

"That plans of this magnitude would be brought to the attention of Kilkee Town Council and the Area Councillors at an earlier stage, in order for a full discussion and agreed plan of action to be put in place".

Response submitted by Eamon O’Dea, Senior Executive Engineer, Kilrush

Elected Members of Kilkee Town Council and West Clare Electoral Area were notified directly by the roads section of Clare County Council on this proposed road closure. As outlined in the previous response, an initial request from the Contractor on the West Clare Water Supply Scheme for a temporary road closure of the N67 from Lisdeen to Moyasta was rejected by the Council but then had to be subsequently reconsidered on health and safety grounds.

Response Ends

8. Notice of Motion submitted by Cllr. Tom Nolan

"That the Waste Licence granted in respect of Moveen East Quarry be reviewed and rescinded".

Cllr. Nolan admitted that he should have used the word permit instead of licence.  He said that to say there is no provision in the Act to revoke a permit is untrue and requested to know what extent the conditions of the permit were being honoured.

David Timlin, Town Manager read out the reply submitted by Betty Devanny, Administrative Officer, Environment & Emergency Services Directorate.

Clare County Council granted a waste permit on 12th July 2007 - permit number 001/07/WPT/CL refers - to the owner/operator for waste activities at a quarry located at Moveen East, Kilkee.  The activities permitted comprise the importation of soil and stones for the purposes of construction of screening embankments and landscaping and restoration of areas where quarrying had ceased.   The duration of the waste permit is 3 (three) years from the date of grant, the maximum period specified under the Waste Management (Permit) Regulations 1998.  
There is no provision in the Waste Management (Permit) Regulations 1998 for reviewing or rescinding a waste permit issued.  However, the regulations make provision for a maximum permit life of 3 years as stated above and for the imposition of conditions relevant to the environmental impact of the activity. Numerous inspections have been carried out by the Waste Enforcement Unit of Clare County Council at this facility in monitoring the conditions of the waste permit.  On a recent inspection in March 2008, a number of non-compliances were observed at the facility.  As a result of this inspection, the permit holder has been instructed to cease further intake of waste on the site until further notice from Clare County Council.

Report Ends

10.Correspondence

All correspondence was taken as read.

11. A.O.B

Casual Trading

Siobhan O’Keeffe advised members that she was hoping to arrange an information session with James Barry, Ennistymon Area Office re Casual Trading in the near future.

Litter Awareness Signage

Siobhan O’Keeffe advised that Clare County Council had been in contact to advice that 4 x Litter Awareness signs had been made available for Kilkee and she confirmed that they would be erected in the coming weeks.

Lighting at Hodges Green

Cllr. McGrath reported that the lights at Hodges Green were out again. A/Town Clerk agreed to refer this matter to the local overseer.

Air Ambulance Service

Cllr. Marrinan Sullivan advised that following a request from Pat Breen, TD a reply had been received from the HSE saying that there were no plans to provide an air ambulance service.
As there was no further business the meeting concluded.