Minutes of Kilkee Town Council held on Monday 6th July 2009 at Sweeney Memorial Library, Kilkee

Cathaoirleach sa Cathair

• Cllr. L. Marrinan Sullivan

I Láthair

• Cllr. C. Haugh
• Cllr. P. Collins
• Cllr. B. Keane
• Cllr. E. Haugh Hayes
• Cllr. K. Reilly
• Cllr. M. McGrath
• Cllr. M. Owens

I Láthair:       

• N. Kaye, A/Director of Services Housing and Social Policy
• J. Corry, A/Town Clerk
• D. Troy, Executive Engineer

Minutes of the June monthly Meeting of Kilkee Town Council held on Tuesday 2nd June 2009 at 8.00 p.m. at the Sweeney Memorial Library, Kilkee.

The Minutes of the June meeting were Proposed by Cllr. C. Haugh and
Seconded by Cllr. M. McGrath.

Minutes of the AGM of Kilkee Town Council held on Monday 15th June 2009 at 8.00 p.m. at the Sweeney Memorial Library, Kilkee.

The Minutes of the June AGM were Proposed by Cllr. P Collins and
Seconded by Cllr. E. Haugh Hayes.

AFS for 2008

J. Corry summarised the AFS for Kilkee for 2008. He indicated that the balance on the Revenue Account as at December 31st, 2008 was €15,681.77 Cr and when compared to a credit balance of €11,391.45 Cr as at December 31st, 2007 a surplus of €4,290.32 had been achieved.
Cllr L.  Marrinan Sullivan asked if the surplus could have been used to recruit two seasonal workers.
It was agreed by the members to move motion 15 at this time.

15. Notice of Motion submitted by Cllr. Marrinan Sullivan.

"Update regarding the status of seasonal workers for this year and Summer of 2010".

J. Corry indicated that funding was not the issue but rather the embargo.
Cllr. L. Marrinan Sullivan said that she did accept that the decision was made by the Minister for Finance but she questioned as to what Kilkee Town Councils role was re recruitment of workers.
N. Kaye indicated that the actual recruitment for staff was an executive function as opposed to a reserved function.
D. Troy said he could calculate the number of hours and expenditure spent re beach maintenance this year so far.
Cllr. P. Collins questioned could the council use funds to hire contractors to do beach maintenance.
N. Kaye indicated that if the council had employees to carry out the work that it wouldn't represent value for money for the works to be carried out by a private contractor.
It was proposed By Cllr. L. Marrinan Sullivan and seconded by Cllr. E. Haugh Hayes

"That the Council hereby adopt the Annual Financial Statement for Kilkee Town Council for the year ended December 31st, 2008"

It was proposed By Cllr. L. Marrinan Sullivan and seconded by Cllr. K. Reilly
 "That over expenditure on the following items for the year ended December 31st, 2008 be approved: Salary and Wages, A.M.A.I and Members Allowance and that total over expenditure in the sum of €5,196.84 for the year ended December 31st, 2008 be approved"

Nomination of one member to County Development Board

J. Corry said it was proposed that one nominated member of Kilkee Town Council would be nominated to the board for 2.5 years.  Ennis and Kilkee Town Councils were proposing initial nominees with Kilrush and Shannon Town Councils proposing nominees for the next 2.5 years.
Cllr. P. Collins proposed Cllr. E. Haugh Hayes and this was seconded by Cllr. K. Reilly.

Overdraft Accommodation for 6 month period from 1st July 2009 to 31st December 2009 (Report herewith).

J. Corry indicated to the members that approval was sought for the temporary borrowing in the sum of €10,000 by way of overdraft accommodation on the Kilkee Town Councils bank account for the period 1st July 2009 to 31st December 2009. He added that it was prudent to make overdraft facilities available even if only required for short periods and that having the overdraft facility available did not create a cost unless it was utilised.
Cllr. P. Collins queried if there was over expenditure would the council be informed beforehand. 
J. Corry explained that they would where same would be known in advance. 
The overdraft facility was adopted having been proposed by Cllr. P. Collins and seconded by Cllr. B. Keane

Joint Policing Committee

J. Corry explained the composition of the Joint Policing Committee.  He indicated that he was still awaiting community representatives to accept positions.
Cllr. L. Marrinan Sullivan suggested that they would follow up re same. 
It was suggested to defer the election of a new chair of the Joint Policing Committee until September to give the new members an opportunity to familiarise themselves re their role.
J. Corry explained briefly the role of the Joint Policing Committee but he said he would circulate further details to members in advance of the September meeting.

Notice of Motion submitted by Cllr. Collins.

"The immediate placement of 4 no. fixed bins along the sea wall between Victoria Court and the Pollock Holes".

Response submitted by Derek Troy, Executive Engineer .
Litter bins have been removed at various locations throughout Kilkee due to vandalism and due to abuse by local residents. The litter bins at this location were being filled on a regular basis with household refuse.
It is proposed to replace 2 bins on a trial basis in the vicinity of Wellington Square and Sykes Corner subject to the availability of funding.
Response Ends

Cllr. P. Collins said there was a serious issue, as over a half mile of sea walk had no bin, i.e. from the bandstand to Pollock Holes.  He said four bins were needed .He said it was something everyone was looking for.
 D. Troy said the reason they were removed was because of abuse etc.  i.e. people using them from their own waste.
It was agreed to put in four bins and that Kilkee Town Council would cover the cost of same from the beach maintenance budget.
D. Troy said they would cost approximately €400 each and that they could be removed in September.
Cllr L. Marrinan Sullivan said they had to be careful if they are removed in September as may be seen as only being in place for visitors.
Unanimously agreed that the bins would be obtained.

Notice of Motion submitted by Cllr. Collins.

"That the Kilkee Town Clerk holds office in Kilkee one day per week to make himself available to the people of Kilkee".

Response submitted by John Corry,  A/Town Clerk.

For the past year I have occupied the position of Kilkee A/Town Clerk whilst being based in Kilrush Town Hall, as have my three predecessors as Town Clerks. The following are the reasons that I have Kilrush as my permanent base, in order to carry out my role as effectively and efficiently as possible for the town of Kilkee
In Kilrush I have access to all IT systems, i.e. email, kilkee.ie website (to deal with queries re Kilkee), Agresso Financial system, link to the council network etc. It is essential to have access to these facilities in order to deal with queries, issues etc re Kilkee as they arise.
As Town Clerk I am the main point of contact with the Department of the Environment, Heritage, and Local Government with regard to queries, clarification and reports that they would require regarding Kilkee and I need to be in a position where I can quickly and effectively deal with such matters by having full access to all systems. I would not be in a position to do this whilst being based in Kilkee.
Eventhough I am based in Kilrush I estimate that at least 20% of my time is spent dealing with issues solely affecting the town of Kilkee. This would therefore equate to one day per week.
Because I am based in Kilrush I do not in anyway neglect my role as Town Clerk for Kilkee but to the contrary I feel that I can more effectively serve the town better by having full access to all systems, human resources etc. I visit Kilkee on a regular basis, approximately once per week, and will continue to do so .The Town Engineer also regularly visits Kilkee and we are in continued communication with each other as well as with the elected members to ensure that the town is effectively managed.
Response Ends

Cllr. P. Collins said that he felt that the Town Clerk needed to be based in Kilkee one day per week, as it would be very beneficial to the people of the town.
J. Corry went through his response and felt that it would be very difficult to base himself in Kilkee one day per week. 
N. Kaye indicated the J. Corry would have staff support in Kilrush that he wouldn't have in Kilkee and that he may not be able to provide as an efficient service being based in Kilkee as is being provided at the moment.
Cllr. P. Collins asked could a one month trial be given.
N. Kaye said she would be afraid to agree to that because of additional expenses involved and that same would not be budgeted for. 
It was agreed that the executive would re examine the efficiency of providing this service.

Notice of Motion submitted by Cllr. Collins.

"That stall holders pitches in Market Square from no. 20 to no. 26 be redesigned immediately for the purpose of 24 hour parking".

Response submitted by James Barry, Senior Staff Officer, Ennistymon Area Office, Clare Co. Council.
Clare County Council's Casual Trading Bye Laws were agreed at the Ennis District Court on 27th November '08. Agreement was reached after several meetings with Traders who established a market right to trade at the "Market Square" during a High Court case, taken by Clare County Council, in 1989, when attempting to move   the trading area to the car-park at the Well road. That case established the traders right to trade at the Square. With this in mind the new Bye Laws were agreed. Clare County Council had photographs of the traders stalls spilling onto O'Connell St and the Judge, in the District Court hearing, agreed that trading should be confined to the Square only but that each trader be entitled to an area of ground equal to that which the trader had, up to this time, occupied. On this basis the 27 Bays set out on the Kilkee Casual trading Map were formulated and agreed by the Court.
 Response Ends

Cllr. P. Collins said that was not right for the square to be shut down two days per week during busiest time of the year.
Cllr L. Marrinan Sullivan agreed that this was an issue however she said by having a designated market area that this prevented the spread of Casual Trading.  She said re designating the square would be an issue that would involve amending the Casual Trading Bye Laws.
N. Kaye said if it was a policing issue i.e. someone trading outside the Square that same could be policed by the community warden. She suggested that she could get a report from the community warden re trading in the designated area in Kilkee and breaches of Bye Laws etc.
It was agreed to move Motion 20 at this time

20. Notice of Motion submitted by Cllr. Haugh Hayes.

"Clare county council please supply all information regarding street trading outside the bounds of Market Square with regard to granting permission for casual trading."`

Response submitted by James Barry, Senior Staff Officer, Ennistymon Area Office, Clare Co. Council.
Clare County Council's new Casual Trading Byelaws, approved by the Ennis District Court on 27th November 2008 approved two forms of trading throughout Clare. The first is the weekly designated trading, such as takes place in Kilkee Square on Saturdays and Sundays and during the months of June, July and August. Outside the bounds of the Market Square persons may apply for Event licences for festivals, fairs and large events. The Cois Fharraige festival would be one example. It is hoped to meet the organisers, local Gardai, area Council members in advance of such events to agree the optimum number of licences needed to cater for the demands of such events and the locations at which they may trade. Also, trading on private property, outside the bounds of the Square, may take place. (This does not constitute Casual Trading, if it does not take place on public property!)
 Response Ends

Cllr E. Haugh Hayes queried if traders could trade outside of the Square.
N. Kaye indicated that you had to have a licence if you were trading outside the Square.
Cllr. E. Haugh Hayes said that she felt that the decision should be made by the Town Council as to who gets licenses.  She added that the take aways were affected by casual traders because they were charging the same price as premises that were rated in the town and that this was not fair.
D. Troy said with Bye Laws in place that anyone in breach of byelaws could be dealt with.
N. Kaye explained that if there were events such as Cois Fharraige that anyone successfully granted a permit were licenced to trade in a designated location.
Cllr. L. Marrinan Sullivan said that in some cased that casual traders add to events etc.  She also asked if a letter could go out from the Council to organizers of the triathlon to ask if it was going to be a regular part of the triathlon to have traders present because if so these traders would be subject to the Casual Trading Bye Laws.
Cllr. P. Collins asked if the council could get a list for the September meeting of those approved for event licenses for Cois Fharraige.

Notice of Motion submitted by Cllr. C. Haugh.

"Calling on Clare Co. Council to complete the road works in Marian Estate".

Response submitted by Derek Troy, Executive Engineer.

Discretionary maintenance re-surfacing works were carried out by Clare County Council earlier this year on the areas of roadway, which were deemed to be deficient within Marian Estate. Further works will be considered under the 2010 annual re-surfacing roadwork's programme.
Response Ends

Cllr. C. Haugh called for works to be carried out in the Marian Estate. 
D. Troy said works had been done and further works would be considered in 2010, as there were no funds left this year.

Notice of Motion submitted by Cllr. C. Haugh.

"Calling on Clare Co. Council to put in ramps in Marian Estate".

Response submitted by Derek Troy, Executive Engineer.

The speed limit within Marian estate is 50kph and issues in relation to speeding within the estate are a matter for the Gardai. The Gardai have not reported any speeding problems at this location or have not requested the construction of ramps.
Response Ends

Cllr. C. Haugh reported on speeding, which was occurring.
J. Corry advised that this matter should be dealt with by the Joint Policing Committee.
Cllr. K. Reilly said she was certain that the Gardai were aware of speeding on the Carrigaholt Road and in the vicinity of the school.
Cllr. L. Marrinan Sullivan agreed that it was a priority item for the Joint Policing Committee.

Notice of Motion submitted by Cllr. C. Haugh.

"That an alternative site be sourced by Clare Co. Council to house the bottle banks etc ".

Response submitted by Derek Troy, Executive Engineer.
The permanent Recycling Bring Banks are located within the market square, which is the most central and accessible area within Kilkee Town. Temporary Bring Banks are placed in the East End car park during the Blue Flag season. There have been some incidents of dumping at both locations, however it is not a regular occurrence. An alternative location for the permanent Bring Banks is not currently being sought.
Response Ends

Cllr. C. Haugh said the bottle banks should be out of sight.
Cllr. B. Keane agreed and mentioned the example of Ennistymon where the bottle banks were walled off and were not visible.
Cllr. C. Haugh said she would be happy that they stay where they were if they were cordoned off.
I was agreed by the members that the current location was the best location because if they were moved to a more secluded area that this in itself could cause problems.
D. Troy agreed that he would look at same and he also indicated that if the Council came up with any alternative locations, which were secure, accessible and well lit that these could also be considered.

Notice of Motion submitted by Cllr. L. Marrinan Sullivan.

"Proceeding regarding the expansion of the Kilkee Town Boundaries to be implemented immediately".

Response submitted by John Corry, A/Town Clerk.
The following is the procedure to be followed regarding seeking an expansion of the town boundary in Kilkee.
Under Section 29 of the Local Government Act 1991 a Town Council may, by resolution, propose that the boundary of the town be altered in accordance with the provisions of Part 8 of the Act.
The proposer of the alteration must furnish a copy of the proposal to each local authority whose boundary is affected by the proposal and such other local authorities as may be prescribed, as well as publicising notice of the proposal, with details. The proposer shall also invite submissions from any person concerned within a specified period.
Each respondent must make a statement of its response within 6 months from the receipt by each respondent of a copy of the proposal, or such longer period as may be agreed upon by the proposer and the respondent. The proposer may by resolution amend the proposal in such manner as it thinks fit.
After these procedures, the proposer may make an application to the Minister for the Environment, Heritage and Local Government in relation to the boundary to which the proposal or the amended proposal, as the case may be, relates. An application shall be accompanied by the proposal, any submissions received by the proposer, the statement of response from each respondent and any amended proposal.
The Act specifies that a proposal shall set out:
The financial and other implications of the proposal
The adjustments in relation to financial and administrative or other matters to be made between the proposer and each respondent concerned as a consequence of the alteration of the boundary concerned
The Local Government (Boundary Alteration) Regulations 1996, Article 4, also specify that a proposal shall –

• set out the reasons for the proposal,
• indicate the proposed boundary and the area the subject matter of the proposal by reference to a map,
• in respect to the area mentioned in paragraph (b) and in respect of each part of which relates to each respondent, specify the population, area in hectares, rateable valuation, number of commercial premises, and estimate the number of households, and, save where the area is intended to form part of a town, the estimated annual income generated from rates, charges and other sources,
• set out in relation to each programme the estimated income and expenditure implications for the proposer,
• set out the adjustments or other arrangements proposed between the proposer and each respondent in respect of financial, administrative and organisational matters in consequence of the alteration of the boundary,
• where appropriate set out the transitional measures (including the phasing of alterations in rates or other charges) where such are considered necessary from the proposed boundary alteration
• contain such other information or material (including in relation to any other financial or other such matters consequential on the boundary alteration) as the proposer may consider necessary

The Local Government (Boundary Alteration) Regulations, 1996 also deal with certain procedural matters in relation to local authority boundary alterations under the 1991 Act.
Response Ends

Cllr. L. Marrinan Sullivan said she included this motion, as she wanted Cluain na Mara included within the town boundary and the only way that this could be achieved was by going through the boundary extension procedure.  She said because it was such a long process that they wanted to be sure that the application would be considered before going down that road.
J. Corry indicated the procedure that would be involved in a boundary extension.  He added that when preparing the submission for an extension that you needed to be planning ahead and anticipating future development etc.
N. Kaye confirmed that she would be happy enough to proceed with the boundary extension in the light of fact that the town boundary does not reflect the town as it is.
D. Troy suggested circulating a map of the town to members for the next meeting.

Notice of Motion submitted by Cllr. Marrinan Sullivan.

"Kilkee Court House to remain as a civic building in the ownership of the town/public".

Cllr. L. Marrinan Sullivan emphasized the importance of retaining the courthouse as a civic building in the ownership of the town/public.  She added that it should not to be sold for any price, as it had a huge history for Kilkee. She added that whilst it was in the ownership of Clare County Council that there was a better possibility of securing funds for the works to be carried out and the more organisations that would be involved with the refurbishment of the courthouse the better the chance of securing funding for same.

16.Notice of Motion submitted by Cllr. Keane.

"To call on Clare Co. Council to cut the hedge in the Bog Rd.".

Response submitted by Derek Troy, Executive Engineer.
The Clare County Council hedge cutting budget for 2009 has been severely restricted, and currently only the major routes and dangerous junctions are being considered for hedge cutting.
Under the terms of the Roads Act 1993, landowners and occupiers of land are obliged to take all reasonable care to ensure that the trees, ditches, hedges and other vegetation growing on their land are not or could not become a danger to people using or working on a public road.  As landowner/occupier you are required to fell, cut, log, trim or remove such trees, ditches and hedges to prevent them from becoming a hazard to persons or property in the area. Examples of hazards include dead or dying trees, ditches or hedges interfering with traffic, blocking footpaths, obscuring road signs or obscuring a clear view of the road ahead.
Under the Wildlife Act 1976, it is an offence to destroy vegetation growing in a hedge or ditch between the 1st March and 31st August each year, unless it is a risk or hazard to the road user.
Response Ends

Following a discussion on the matter D. Troy confirmed that the landowners would be approached re cutting hedges in areas where the Council felt there was a danger.

17. Notice of Motion submitted by Cllr. Keane.

"The height of the barriers at the East end and West end car parks as well as the barrier to Georges Head be increased in height by 6 inches in the centre and for a width of 3 foot 6 inches to accommodate the train."

Response submitted by Derek Troy, Executive Engineer.

Clare County Council is currently liaising with the operators of the train to find a solution to the height restriction barrier problem. Modification to the barriers or the train itself may be required. Clare County Council will facilitate the trains' route where possible.
Response Ends

D. Troy said that he was in consultation with the operators of the train to try and resolve the matter. He said that it would be either decided to modify the train or to modify the barriers.  He added that he had given keys to the operators for the barriers.

18. Notice of Motion submitted by Cllr. Haugh Hayes.

"All bye laws passed by Kilkee town council from the last 20 years reviewed immediately with particular attention to the seafront, with regard to litter and restrictions regarding dogs etc."

Response submitted by John Corry, A/Town Clerk.
The Kilkee (Regulation and Control of the Consumption of Intoxicating Substances in Public Places) Bye Laws 2006 are the only bye laws that have been passed by Kilkee Town Council in the last 20 years.
No beach byelaws are in place for Kilkee.  Responsibility rests with Kilkee Town Council to adopt such byelaws.  Litter fines can apply in respect of dogs fouling in any public place including the beach, if their owners can be identified - Litter Pollution Acts 1997 - 2003.  If dogs are running loose on the beach/public place and not under the control of their owner, the dog warden should be contacted. The Litter Pollution Acts 1997 – 2003 deal with any littering of a public place irrespective of whether or not beach byelaws are in place.
Response Ends

Cllr. E. Haugh Hayes said that the dogs in Kilkee were an issue.
J. Corry said that even though there were no beach byelaws in place in Kilkee that there was a responsibility for dog owners to have their dogs on a leash and that this was controlled by the Dog Warden under the Control of Dog's legislation.  He added that if they soiled the beach that this then came under the litter legislation, as the beach was a public place.  He further indicated that you couldn't prevent dogs from being on the beach unless beach byelaws preventing them from being on the beach were implemented
Cllr. M. McGrath suggested that dogs soiling the paths was also a big problem.
Cllr. L. Marrinan Sullivan agreed with this and said that it was a huge issue.
Cllr E. Haugh Hayes acknowledged that enforcement of the byelaws was not the responsibility of Kilkee Town Council however she added that ensuring the laws were in place was their responsibility.
Cllr. P. Collins said that a lot of people think that because there is no bye laws that there is no law.  He asked if the Kilkee councillors could get a copy of the Clare County Council Bye Laws, as it may just be a question of adapting their byelaws.

19. Notice of Motion submitted by Cllr. Haugh Hayes.

"Clare county council please show Kilkee town council all income raised within the town boundaries in the last five years i.e. housing levies, parking levies, income from rates, income from pay and display parking (income from parking fines included)"

Response submitted by John Corry, A/Town Clerk.

Details of income from rates is presently being compiled by Clare Co Council and will be available for the next meeting of the council.
Response Ends

Cllr. E. Haugh Hayes indicated that she raised this motion to see exactly what income was raised by Kilkee and what potential they had to raise money.
N. Kaye indicated that Kilkee Town Council was not a rating authority and therefore that it's potential to collect revenue was very small.
Cllr. E. Haugh Hayes queried where all the monies that were collected in development contributions in the town in Kilkee were spent over the past five years.
J. Corry indicated that he would carry out an analysis of same
Cllr. L. Marrinan Sullivan agreed with the motion and said that it was particularly relevant now with the new levies on second houses.  She added that this money should be fully ring fenced for Kilkee and that same should be monitored from this point on.
N. Kaye confirmed that this levy was not an extra source of revenue for local authorities but that it was meant to address the reductions in the Local Government Fund.

21. Notice of Motion submitted by Cllr. Reilly.

"Can Kilkee Town Council please be informed by Clare Co Council and/or Town Engineer of a schedule of works that are currently being carried out as well as all future works that are on the pipe-line on a regular basis."`

Response submitted by Derek Troy, Executive Engineer.
One road within the Kilkee Town Council area has been listed on the Clare County Council 2009 Roadworks programme, which is the completion of the resurfacing from the Carrigaholt road roundabout R487 to the speed limit near the Moore Bay Holiday homes. This work will be undertaken when the water connections have been transferred to the newly laid watermains.
Under the ‘footpath provision/repair in former Town Commissioners that are now Town Councils grant' for 2009, footpath works will be completed at Minister Place, Barrack Road/Circular Road, Clifton Terrace/West End, Railway Road, Carrigaholt Road and O'Connell Street. These works will be undertaken, where possible, prior to or after the peak season.
An update will on other future works will be circulated when information becomes available.
Response Ends

Cllr. K. Reilly thanked the Town Engineer for his response and accepted it.  She    asked to continue to be kept fully informed

22. Correspondence

J. Corry indicated that Clare County Council proposed putting a sign along the Cliff Walk to highlight the dangers of the walk.  It was agreed by the Kilkee Councillors that this sign was needed.
Cllr. C. Haugh indicated that as you access the Cliff Walk from the Dunlickey Road that it was quiet slippery.
Cllr. P. Collins suggested that any signs within the town boundary should be labelled Kilkee Town Council.
N. Kaye clarified that eventhough roads went through Kilkee town that they would still be the responsibility of Clare County Council and that accordingly any signs would have to reflect this.
The Notice of Motion from Macroom Town Council received unanimous support
Cllr. P. Collins clarified re request for funfair to use Well Rd car park that it was great to have funfairs in Kilkee but that same needed to be in a suitable location.  He suggested that the proposed location was not suitable because of noise, lack of toilet facilities etc.
This was agreed by the other members.  It was therefore agreed to contact the funfair organizers to confirm that they did not have a difficulty with a funfair proceeding in the town provided that a suitable location was identified.
It was agreed by the members at this time to suspend standing orders, as the meeting was about to go beyond the two hour limit.  This motion was proposed by Cllr. P. Collins and seconded by Cllr. L Marrinan Sullivan. 
Cllr. E. Haugh Hayes indicated that she got a call from Clare FM regarding rats in Kilkee.  She felt that Clare FM had not reported same in a fair fashion and she added that she wanted it reported in the Clare Champion that Kilkee was not affected by rats.
Cllr. L. Marrinan Sullivan said she had been on to Clare FM and that she had indicated that none of the Kilkee Councillors had heard of any rats being sighted in the town and that she had conveyed this to Clare FM.
D. Troy also confirmed that he had heard of no reports of sighting of rats.
J. Corry updated the members with regard to Allender's Field and indicated that the spraying and strimming would take place during the summer and that it was hoped to get some planting done in one of the flower beds as soon as this was completed.

As there was no further business the meeting concluded.