Minutes of Kilkee Town Council held on Tuesday 2nd June 2009 at Sweeney Memorial Library, Kilkee at 8:30 p.m.

Cathaoirleach sa Cathair

Cllr. P.J. Linnane

I Láthair

Cllr. Lily Marrinan Sullivan
Cllr. Tom Nolan
Cllr. Michael Martin
Cllr. Brian Keane
Cllr. Claire Haugh
Cllr. P.J Lardner
Cllr. Michael McGrath,
Cllr. Carmel Deloughery

I Láthair

Nora Kaye, Acting Director of Services Housing and Social Policy,
John Corry, Acting Town Clerk
           

Minutes of the May Monthly Meeting of Kilkee Town Council held on Tuesday 5th May 2009, at 8.00 p.m. at the Sweeney Memorial Library, Kilkee.

Cllr Tom Nolan asked if there had been any further progress on the matter he had raised re Halpin’s Field and on the possible disposal of Kilkee Waterworld.
John Corry confirmed that with regard to Halpin’s Field that Clare County Council were following up on the matter of illegally parked caravans through their enforcement section.
With regard to the disposal of Kilkee Waterworld Nora Kaye confirmed that there had been a change of duties assigned to the various Directors of Service in the past month and that Bernadette Kinsella was now the Director with direct responsibility for Kilkee Waterworld in conjunction with Lahinch Seaworld and other leisure facilities throughout the county with the view to drawing up a strategy for the Council’s involvement in them and subventions payable to them etc. She said that she couldn’t give an update other than to say that a plan was being drawn up and she hoped to have an update for the next meeting.
The Minutes of the May meeting were Proposed by Cllr. P. J. Lardner and
Seconded by Cllr L. Marrinan Sullivan.

2. Date for A.G.M.

John Corry suggested that as per Standing Orders that in an election year that the AGM would be held 10 days after polling day which meant that it would have to be held on the 15th of June 2009.  It was agreed that same would take place at 8 pm on the 15th June.  John Corry indicated that the County Manager would be present for that meeting.

3. Allender’s Field

John Corry confirmed that the update from the previous meeting was that a supplier for the plants for Allender’s field had been sourced.  It was hoped that plants would be ordered shortly.  It was also agreed that a gate would be provided in the fencing around the flowerbeds to allow access to the beds for weeding etc. He further added that he had recently spoken with Margaret O’Brien who supervised the FAS Tidy Town workers for Kilkee and that a Horticulture training course was shortly to be held in the area and that they were looking at the possibility of using Allender’s Field for this training which would provide some valuable manual labour and expertise with regard to weeding and planting flowerbeds etc.  John Corry added that he had discussed with Ruth Hurley regarding the strategic location of boulders in the field and that she had suggested that rather than having large round boulders that more oval shaped boulders could be provided.  He concluded that there was a keen local interest to get involved in the restoration of the field and that he wanted to try and maximise that interest and bit by bit to restore the field. 
Cllr Tom Nolan thanked the Town Clerk for putting Allender’s Filed on the agenda month after month and that it was good to see it getting the attention it deserved.  He said it was important to keep it on as a work in progress.
Cllr Lily Marrinan Sullivan said she appreciated the fact that the Town Clerk continued to update the members with regard to progress.

Kilkee Courthouse

Cllr. PJ Linnane confirmed that a submission had been lodged with regard to Kilkee Courthouse prior to the closing date seeking expressions of interest.  He added that this submission would have to be elaborated on.
John Corry confirmed that having spoken with Michael McNamara in Clare County Council that this would not be a problem as the submission forwarded was the only submission received.  He added that a comprehensive submission should now be submitted.  This was agreed.
Cllr. PJ Linnane suggested that the proposal should be led by Kilkee Town Council as they may have a better opportunity of securing funding etc. 
Cllr. Lily Marrinan Sullivan said there was a lot of expertise around and that you wouldn’t find people wanting in that side.

6. and 7. Notices of Motion submitted by Cllr. Marrinan Sullivan

Cllr. Lily Marrinan Sullivan suggested that her three motions which were related be dealt with together.
“Clare County Council immediately adjust the Kilkee Boundaries to include Cluain Na Mhara ”.
Response submitted by Michael McNamara, SEO, Corporate Services, Clare County Council .
Kilkee Town Council have the authority to initiate a process to extend the Boundary of Kilkee Town Council.  There is a process to be followed and this is set out in the Local Government Act, 1991, Section 29 and Local Government (Boundary Alterations) Regulations 1996.  A period of time must be given for public consultation on the proposal of the Town Council while the County Council will also have to be given an opportunity to respond to the case presented by the Town Council.
Ultimately it is a matter for the Minister for Environment, Heritage and Local Government to make an Order, authorising the extension of the Town Boundary area.  Shannon Town Council in 2007 commenced the process to extend the boundaries of their Town and having followed the relevant procedures, the Minister did confirm an extension and this has now taken effect in Shannon.
Response Ends
“Clare County Council give an undertaking that they will never again   disenfranchise a whole section of Kilkee people from the democratic process.”
Response submitted by Michael McNamara, SEO, Corporate Services , Clare County Council.
The reference in the Notice of Motion requesting "Clare County Council to give an undertaking that they will never again disenfranchise a whole section of Kilkee people from the democratic process" is not understood as Clare County Councils role is to consider and respond to any proposal of the Town Council to extend their boundary. In so far as I am aware, the present boundary of Kilkee Town Council has remained unchanged for many years.
Response Ends

“All future developments of local authority houses that might fall outside the boundaries of Kilkee be adjusted  as part of the planning/overall development.”

Cllr Lily Marrinan Sullivan said that she was taken by surprise that a whole section of the town were disenfranchised.  She added should Kilkee Town Council not have been made aware of this fact.  She felt that as it was local authority housing that they should have been informed and that it was outrageous that they weren’t. She added that many people were disenfranchised especially when there were so many young people down there who wanted to get involved.  She said it was the fault of Kilkee Town Council that they weren’t aware but she felt that there was an obligation on the part of Clare County Council that they be informed as they were only part-time councillors. 
Cllr. PJ Linnane said he was under the impression that the 30 mile limit was the town boundary.  
Cllr. Claire Haugh and Cllr. PJ Linnane agreed with Cllr. Lily Marrinan Sullivan.
Cllr. Lily Marrinan Sullivan asked if Kilkee Town Council could formally initiate the procedure for extending the boundary. 
Nora Kaye said that a boundary extension would not be done regularly so it would need to incorporate future developments, zoned land etc.  She added that it was important that it was well planned.  She added that the procedure could be initiated but that it would take a significant amount of time, as it did in Shannon.

8.   Correspondence

Cllr. Lily Marrinan Sullivan referred to the Tidy Town’s letter. She said she appreciated the fact that Clare County Council workers were carrying out the works previously carried out by the two seasonal workers.  She added however that they were struggling with the work.  She indicated that some of the seaweed was not removed prior to the Whit Weekend, as the barrier had been put up and the beach could not be accessed.  She also added that the place was littered after the weekend as there were no litter bins from the periwinkles to the Pollock holes Café.
Cllr. PJ Linnane said that the 3 council workers should be complemented on how clean the place was on Sunday.
Cllr. Lily Marrinan Sullivan said there was a difference in the standard of work carried out now to what was being done previously by the two seasonal workers.
Cllr. Tom Nolan said the negative impact of a badly kept beach could be detrimental to Kilkee.  He added that it was a miserable decision to dispense with the services of two men for savings that were minimal, to the disadvantage of people who were paying rates for the upkeep of the beach.  He said that the people who made this decision should be named and shamed.  He added that Clare County Council needed to urgently look at this decision because if the summer was good that there would be lots of problems, including potential public liability claims unless this decision was reversed.  He also said people could get cut on the beach etc.  He added that the people who made this decision would need to come in to the County Chamber and explain their decision to the people of Kilkee.
Cllr. Michael McGrath agreed with the sentiments expressed.  He added that it was a disgrace that letters issued to the two workers a week before they were scheduled to commence telling them that their services were no longer required.
Cllr. Claire Haugh agreed with the sentiments expressed and asked the Town Manager as to who made the decisions.
Nora Kaye indicated that same was made by the Dept. of Finance and that it affected every public body.  She added that both she and the Town Clerk had made every effort to have derogations to this decision, as it affected a lot of services.
Cllr. Brian Keane queried as to what the position was with regard to dogs in the water at the beach.
John Corry clarified that this would be governed by having Beach Bye Laws in place.
Cllr. Lily Marrinan Sullivan said she had concerns that the budget adopted by the members specifically provided for wages of these two seasonal workers and not anybody else.
John Corry indicated that when the budget was adopted that a specific provision was provided for the maintenance of the beach and that at the time that no one could have foreseen the decision which would arise with regard to the embargo on seasonal employment.  He added that the budget was still there for beach maintenance but that it was now going to be paid to Clare County Council workers to carry out this work as a result of the decision from the DoEHLG.
Cllr Tom Nolan supported Cllr. Lily  Marrinan Sullivan and said that when voting on the budget regarding beach maintenance that he had a very clear idea as to what the maintenance of the beach involved and as to who the Town Council were employing for the maintenance of the beach.   He said that they had a very definite idea as to who they were getting to carry out this work.   He also said once again that the money involved was not big but that the value of the role was huge. 
Cllr PJ Linnane said he felt that this was extreme.  He said the decision was out of Clare County Council’s hands. 
Nora Kaye said it was not about savings.  She said it was a prohibition on any temporary contracts or new appointments.  She also added that the Town Council adopt the budget but they had no power to appoint staff, as that was the remit of the executive of the Council.  She added that everyone assumed that it would be the two workers but unfortunately as a result of this circular that now that wouldn’t be.
Cllr. Tom Nolan said clearly it was about savings and that when adopting the budget that he had a definite idea as to how this money would be spent.
Cllr. Brian Keane said there was an issue regarding the amount of alcohol being consumed on the beach.
John Corry indicated that the Bye Laws had been adopted by the Council to deal with this and that same were being enforced by the Gardai, who would use discretion. 
Cllr. PJ Linnane said it was very positive to report that there had been no problems over the weekend, considering how many people were in Kilkee over the weekend. 

9. AOB

Cllr. Lily Marrinan Sullivan thanked the Town Manager and Town Clerk for the courtesy that they had shown to her and she also thanked the Town Clerk for getting back to her on various issues raised by her and she indicated that she very much appreciated that. 
Cllr. P.J. Lardner said that a sign needed to be put up on the Brick Road indicating a turn off to the RHS
Cllr. P.J. Linnane said that the barriers would need to be adjusted as the Train couldn’t get under the barriers.
Cllr. Claire Haugh queried as to what the position was with regard to the traffic warden?
Nora Kaye indicated that the same circular was in place re the traffic warden, as was in place for the beach maintenance staff, and that Clare County Council were trying to get someone to fill the position from within their existing staff complement.
Cllr. Tom Nolan said that as it was his last meeting if he had insulted anybody he gave his sincere apologies.  He added that if he insulted anybody politically he rendered no apology.  He also added that his target when appointed was to sustain and improve the town.  He said three terms in office was plenty for anyone. He added that Kilkee Town Council was a very small democratic unit, and that he was a little bit dispirited as to what it was possible to achieve in the Town Council. He also said he was very grateful that the Town Clerk had taken on the role of looking after Allender’s Field.  He concluded that the hoped to get back into politics at another level in the future.
Cllr. Brian Keane wished Cllr. Nolan, Cllr. Martin and Cllr. Deloughery well in the future.  He added that the next council would be facing a tough time.  He proposed that the Councillors give up their monthly allowance and that it could be used in a special fund for the town.
This was not agreed by the members.
Cllr. Claire Haugh said it should be for the new council to make that decision.
Cllr. Claire Haugh thanked the Town Manager and the Town Clerk and previous Town Managers and Town Clerks for their help during the lifetime of this council.  She felt that a lot had been achieved by the Kilkee Town Council in conjunction with Clare County Council.  She added that Kilkee was a fantastic town with a good infrastructure, good roads and good footpaths.  She said that when the bandstand was upgraded that it would be a great addition to Kilkee.
Cllr. Carmel Deloughery thanked the Town Clerk and Town Manager and wished all the Councillors well in the future.
Cllr. Michael McGrath and Cllr PJ Lardner wished the retiring Councillors well in their retirement.
Nora Kaye said that a lot had been achieved by the Council and that she wished all the retiring Councillors well and wished all Councillors contesting the upcoming election the best of luck.
John Corry echoed these sentiments.

Cllr. Michael McGrath wished to thank Peter O’Connell

As there was no further business the meeting concluded.