Minutes of the May Meeting of Kilkee Town Council held on Tuesday 6th May 2008 at the Sweeney Memorial Library, Kilkee

Cathaoirleach sa Cathair

• Cllr. P.J. Linnane

I Láthair

• Cllr. Tom Nolan
• Cllr. Claire Haugh
• Cllr. Lily Marrinan Sullivan

Apologies

• Cllr. P.J Lardner
• Cllr. Brian Keane
• Cllr. Carmel Deloughery
• Cllr. Michael McGrath

I Láthair:      

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

1. Minutes of the April monthly meeting of Kilkee Town Council held on Monday 7th April 2008 at the Sweeney Memorial Library, Kilkee.

The minutes of the April monthly meeting of Kilkee Town Council held on Monday 7th April 2008 were adopted having been proposed by Cllr. Nolan and seconded by Cllr. Marrinan Sullivan. Cllr. Nolan said he wished to offer an explanation and an apology for calling the Manager a ‘Disgrace’ at the April meeting. He said that he found the April meeting to be most stressful but that his comment was not meant as a personal attack on the Manager and was made in the context of the democratic process. He noted that the media was not present at tonights meeting but advised that he would be bringing this apology to their attention also. Town Manager accepted the apology and acknowledged that perhaps he should have asked the members to defer discussion on the notice of motion until he sought legal advice. Cllr. Haugh said that in all her years as a public representative for Kilkee that she had never been so distressed by a member of the public gallery who on leaving the meeting called the entire council and herself personally a ‘disgrace’. She said that she had never disgraced this town since the time of her election.
David Timlin, Town Manager referred to the legal advice sought following the April meeting. He summarised the views of the legal advisor as follows;

• By virtue of Section 10(3)(b) and Schedule 6 of the Local Government Act, 2001 and by virtue of Section 11(2)(4), Kilkee Town Council is a body for the purposes of local government and is a local authority for the town of Kilkee.
• Section 11(7) gives to each local authority the power to acquire, hold,

manage, maintain and dispose of land or any interest in land.

• Section 184(1) provides that the functions conferred by Section 11(7)(a) shall be construed in accordance with Section 213 of the Planning & Development Act 2000.

• Section 213(2)(a) of the Planning & Development Act 2000 provides that a local authority may acquire land for the purposes of performing any of its functions (whether conferred by or under this Act or any other enactment passed before or after the passing of this Act), including giving effect to or facilitating the implementation of its development plan or its housing strategy.

In conclusion, therefore, unless the Town Council needs to acquire the land in order to perform one of its statutory functions, then the land cannot be acquired.He stressed that Kilkee Town Council can only operate with the functions conferred on it and within the confines of the law. He said that he now wished to move forward with meaningful dialogue between the parties involved. Cllr. Nolan said that the trust of the letter really was that Moveen Quarry Action Group was simply looking for the support of Kilkee Town Council on this matter. Cllr. Marrinan Sullivan also said that it shouldn’t be overlooked that the people who came together to voice their opinion on this matter were trying to show their support for this Council.

2.Set date for June Monthly meeting

It was agreed that the June monthly meeting of Kilkee Town Council would take place on Monday 9th June 2008 due to the scheduled date falling on the June bank holiday Monday.

3.Consideration of the Annual Financial Statement of Kilkee Town Council for the year end December 31st, 2007

The Annual Financial Statement for the year ended 31st December 2007 was adopted having being proposed by Cllr. Haugh and seconded by Cllr. Nolan.

4.Update on Draft Casual Trading ByeLaws

In the unavoidable absence of James Barry it was agreed that the A/Town Clerk would circulate an update to the Elected Members following the Electoral Area meeting scheduled to consider this matter on the 7th May.

5.Update on Review of Kilkee Traffic Management Plan

Update submitted by Derek Troy, Executive Engineer

Following the April meeting of Kilkee Town Council a formal response was received from An Garda Síochana on the proposed changes to the Kilkee Traffic Management Plan. Based on the proposed changes as discussed at the joint meeting of Kilkee Town Council and Kilrush Electoral Area held on the 19th February please note the following updates;

• Provision of traffic calming measures on Esplanade, Strand Line and Marine Parade - Signage and ramps will be installed prior to summer season 2008.
• Carrigaholt Roundabout and the car park opposite St Senan’s Terrace - Part 8 planning application may be required due to nature of proposal - re-design required to maximise parking and to increase traffic calming.
• A seasonal one way system on Circular Road between Corry Lane and Carrigaholt Roundabout - One way system to be put in place on a trial basis (late May 2008 for 4 weeks)
• Jimmy’s Hill parking layout - Re-design required to maximise parking and to increase traffic calming - works to proceed post summer season 2008.
• Location of Pedestrian Crossings on O’Connell Street - Re-design required - works to proceed post summer season 2008.
• Upgrading of Well Road Car park – Works to proceed post summer season 2008 - dependant on availability of funding.
• Seasonal nature of peak traffic flow in Kilkee. - Concentration of Traffic Management Plan on arterial roads and streets in Kilkee - No works proposed on minor roads within town in 2008 - except removal of section of double yellow markings on Railway road.
• Time limits on parking in commercial areas of the town. - 1hour or 2hour limit discussed - Lower half of O'Curry St. & one or both sides of Circular Rd from Convent to roundabout. To be put in place prior to summer season 2008.
• Long Term Issue of link roads from West End to Doonlickey Road to Carrigaholt Road - Ongoing - dependant on planning.

Summary of works proceeding prior to summer season 2008

• One-way system on Circular Road and Corry Lane.
• Traffic calming along Strand Line from Geraldine Place to Minister Place
• Major Road re-surfacing on Circular Rd., Carrigaholt Rd Roundabout, Barrack Road, Minister Place, Corry Lane, O'Connell St., Church St commencing week beginning 12th May for a period of 3 days.

Update Ends

In relation to matter of time limits in commercial areas it was agreed that a
2hr time limit should operate from 10am – 6pm (7 days) on the lower half of O’Curry Street and one side of Circular Road (Convent side) from the Convent to the roundabout. It was also agreed that one of the pedestrian crossings planned for along the strand line should be a controlled crossing. The controlled crossing was to be the one at Pantry Lane.

6.Report on Storm Water

Report submitted by Derek Troy, Executive Engineer

Following the meeting of Kilrush Electoral Area on the 7th April 2008, Clare County Council have referred this matter back to the consultants who had prepared the Preliminary Report on the Kilkee Sewerage Scheme. Clare County Council have requested that they explore whether all 3 storm water outlets can be diverted. No date no formal response has been received from the consultants. No connection will be made until final agreement / solution has been reached.

Response Ends

7.Notice of Motion submitted by Cllr. Tom Nolan

“That this council recommend to the Planning Dept. of Clare County Council that planning permission for further holiday homes in Kilkee be withheld until appropriate infrastructure of water supply, sewerage and road be in place, but that this restriction would not apply to homes for permanent inhabitants of Kilkee.

Cllr. Nolan said that he thought that agreement had been given in principle by Clare County Council that no further holiday home developments would take place until the infrastructure was in place. He said that to do so defies logic.
Cllr. Marrinan Sullivan said that this council had received reassurances in the past from the forward planning department that holiday home developments / housing estate developments were a thing of the past in the Kilkee. She said that the infrastructure is just not in place to meet these developments. She said that housing developments are still in the pipeline. Cllr. Marrinan said she supported the motion and it was agreed to revisit this matter at a later date.

8. Notice of Motion submitted by Cllr. Tom Nolan

“That this Town Council discuss and issue recommendation on the Green Paper ''Stronger Local Democracy''.

Cllr. Nolan said that this council should consider its position in the context of this reform process. It was agreed that the ‘Green Paper - Stronger Local Democrary’ would appear as an agenda item at the June meeting with a view to making a submission on behalf of Kilkee Town Council. Siobhan O’Keeffe, A/Town Clerk advised that he consultation process did not close until the 31st July 2008. She circulated a copy of chapter 6 on Town Local Government but stressed that this chapter does need to be read in conjunction with other sections of the document for a full understanding.

9. Notice of Motion submitted by Cllr. Marrinan Sullivan

“That Kilkee Town Council are kept informed about any planned changes or proposed changes to all amenity / green areas in its immediate town land of Kilkee”

Response submitted by Siobhán O’Keeffe, A/Town Clerk

Elected members of Kilkee Town Council will be kept informed about any planned or proposed changes to amenity  / green areas as they arise.

Response Ends

Cllr. Marrinan Sullivan said that she submitted this notice of motion in the context of the Area Plan. Siobhán O’Keeffe, A/Town Clerk agreed to check with forward planning on the timeline for review of the West Clare Area Plan.

10. Notice of Motion submitted by Cllr. Marrinan Sullivan

“Kilkee Town Council be given any recent updates regarding the planned Affordable Housing Scheme”

Response submitted by Nora Kaye, Senior Executive Officer, Clare County Council

Discussions are on going with a landowner re the acquisition of land for an Affordable Housing Scheme on the Doonbeg Rd., Kilkee. It is hoped to provide c. 20 houses at this location. Pending the finalisation of the land purchase, the Part V111 Planning process will commence. Kilkee Town Council will be briefed on all developments relating to this scheme.

Response Ends

Cllr. Marrinan Sullivan said that a number of young couples were anxiously awaiting an announcement re affordable housing in Kilkee. David Timlin, Town Manager asked the Councillors to use any contacts they have with developers and property owners to see if any of the many housing units for sale or under-utilised in Kilkee could be offered to Clare County Council for consideration as Affordable units. He emphasised that they don't have to be a full estate or block, as the council would prefer to disperse the units, if possible.

11. Correspondence

(a) It was agreed to revert back to Denis Kirby regarding the illuminated address to Rev. Denis Hogan in 1902. While they was agreement in principle to accept this address the member need to be informed of the size of the address and consider where such an address could be housed.

A.O.B

• All Ireland Currach Racing

Cllr. Haugh proposed a contribution would be made towards the hosting of the All Ireland Currach Racing Championships in Kilbaha in July this year. A sum of €300 was agreed by way of sponsorship. This proposal was seconded by Cllr. Linnane.

• Letter of Congratulations to issue to Scoil Realt na Mara.

Cllr. Marrinan Sullivan proposed that a letter of congratulations would issue to Scoil Realt na Mara on coming first in their section of Feile Naisunta in Mullingar for their play ‘Plurin Sneachta’. The school was also judged to be the Best Primary School. The letter of congratulations should issue to the school and their teacher Mrs Murnane. This proposal was seconded by Cllr. Haugh.

• (c) Overnight parking of Camper vans at East End Car Park

Cllr. Marrinan Sullivan and Cllr Haugh raised their concerns regarding the overnight parking by camper vans in the East End car park saying it was a serious problem. Introducing key holders and placing boulders were discussed as options to tackle this problem.

• Letter of Condolence to Hillary Family on passing of former President Dr. Hillary.

Cllr. Haugh proposed that a letter of condolences would issue to the family of the late President Patrick Hillary on their recent loss. Cllr. Haugh said that he was a great friend of County Clare and a true democratic. This was supported by Cllr. Linnane and Cllr. Marrinan Sullivan.
As there was no further business the meeting concluded.

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Cathaoirleach

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A/Town Clerk