Minutes of Kilkee Town Council held on Monday 3rd November 2008 at Sweeney Memorial Library, Kilkee

Cathaoirleach sa Cathair

• Cllr. P.J. Linnane

I Láthair

• Cllr. Tom Nolan,
• Cllr. Lily Marrinan Sullivan
• Cllr. Brian Keane
• Cllr. Claire Haugh
• Cllr. Michael Martin

Apologies

• Cllr. Michael McGrath
• Cllr. PJ Lardner
• Cllr. Carmel Deloughery

I Láthair

• Nora Kaye A/Director of Service and Town Manager
• John Corry, A/Town Clerk

Apologies

• Derek Troy Executive Engineer and Town Engineer

The Chairman commenced proceedings and at the outset welcomed Nora Kaye as Town Manager to Kilkee and wished her well in her role replacing David Timlin.  He also welcomed Superintendent Comyns to the meeting and wished him well in his new position as Superintendent.

It was agreed by the Members that Item 2 on the Agenda would be dealt with first as Superintendent Comyns was present.

Joint Policing Committee

Cllr. Linnane indicated that guidelines had issued re the setting up of Joint Policing Committees and he invited Superintendent Comyns to speak on his experience of being involved in one of the Pilot Joint Policing Committees in Cork.

Superintendent Comyns indicated that the committee would be made up of 19 members and would include all 9 elected members, 3 members of the community, 2 representatives from the Gardai, 2 representatives of the County Manager and 3 members of the Oireachtas.

John Corry indicated that on seeking clarification from the DoEHLG that one member of the Oireachtas would suffice for a town the size of Kilkee.

Superintendent Comyns indicated that he found the JPC to be a very positive and worthwhile committee from his experience in Cork. He said that prior to it being set up that the Council worked on its own and the Gardai worked on their own but that now that they had a forum to work together and be proactive in dealing with issues affecting policing.

John Corry added that the Chair of the committee would be chosen from the elected members. He indicated that generally the committee would meet quarterly and that they would hold at least one public meeting annually. He suggested that a decision needed to be made by the members as to who the community members should be.

The members agreed that the community representatives should be representative of a broad area of society. The youth, Chamber of Commerce, the elderly and the coast guard were all suggested as being represented on the committee.

Cllr. Nolan questioned as to what the councillors role would be on the committee.

Superintendent Comyns suggested that for example that councillors could help by alerting the Gardai re public order offences etc that the Gardai would otherwise not be aware of.

Nora Kaye added that in the Housing directorate of Clare County Council that they meet regularly with the Gardai and that they find it very useful. She gave an example of a new housing scheme where they would contact the Gardai for their opinion re back lanes, roadways where speeding may occur etc. She indicated that the interaction with the Gardai was very positive and that she would welcome the establishment of JPC’s as she saw several areas where they could be of benefit to the community. Nora indicated that it was not all about one group that it could be of benefit to elderly and youth alike. She suggested that the Councillors write to the Town Clerk with suggestions for community members in order to progress the setting up of the JPC.

Cllr. Linnane thanked the Superintendent for attending the meeting and for his advice.

Minutes of the October monthly meeting of Kilkee Town Council held on Monday 6th October 2008 at the Sweeney Memorial Library, Kilkee.

Cllr. Nolan indicated that he had a number of matters arising from the minutes.

He asked the Town Clerk if he had any update re the insurance for the courthouse in Kilkee.

John Corry replied that the Town Council had indeed been paying a general insurance on the building for fire, damage etc. He added that he was investigating the matter further with Mr. Michael McNamara in Corporate Services in Clare County Council.

Cllr. Martin stated that it was ludicrous that Kilkee TC would be paying insurance on the building as it hadn’t been used by the members for a couple of years. He added that the Town Council should no longer pay the premium.

Nora Kaye referred to the Courthouses (Provision and Maintenance) Act 1935 which as far as she was aware made all County Councils responsible for the maintenance of courthouses.

Cllr. Nolan requested that the Town Clerk examine who actually owned the courthouse.

Cllr. Nolan then raised the matter of Allenders field and the negative impact that same had on the Tidy Towns report. He asked if the Town Clerk had received any update re the replanting of the field.

John Corry replied that he had received a reply from Ruth Hurley, Senior Architect in Clare County Council and that she had made the following suggestions:

Option 1

Lift and dispose of existing stakes and trees and add some topsoil to tree pit costing €560

Option 2

Lift and dispose of existing stakes and trees. Replace with 28 Olearia traversia, 90- 120 cm size costing €1,460 .

She further added that early Spring was the best time to do this work. She concluded by saying that the contractual obligations under the defects liability had expired and that the trees had failed because of weather related conditions rather than plant failure.

John Corry indicated that he would be making a submission to Clare County Council for funding for the maintenance of Allenders field in 2009.

Cllr. Marrinan Sullivan asked that funding for the recommendations made by Ruth Hurley be included in that submission. She indicated that the Town Council needed to move forward and that funding for Allenders Field should not be coming from Kilkee Town Councils budget. She confirmed her appreciation to the Town Clerk for investigating the matter.

John Corry indicated that both because of the significant capital outlay on the project and because it had reflected negatively in the Tidy Towns report that a solution needed to be found re the maintenance of the field.

Cllr. Haugh agreed that there needed to be funding available from Clare County Council to ensure the maintenance of the field.

Cllr. Nolan queried as to whether or not there had been any agreement reached re holding a special meeting of Kilkee Town Council and the Planning department of Clare County Council re the West Clare Area Plan. He also asked what the deadline was for making submissions.

Cllr Linnane indicated that there was a period of 28 days for public consultation from 14th November 2008.

John Corry indicated that he had spoken with the Director of Service of Planning and that such a meeting could be accommodated. He suggested that the members decide on a venue, date and time for such a meeting. He suggested that this meeting could be held as part of the Preliminary Budget meeting and the meeting with the Tidy Towns.

It was agreed by the members that this meeting would be held on Monday 17th November 2008 at 6pm in the reading Room in the Sweeney Memorial Library, Kilkee.

The Minutes of the October meeting were then proposed for adoption by Cllr. Haugh and seconded by Cllr. Nolan.

Setting of date for Preliminary Budget meeting

It was agreed by the members that this meeting would be held on Monday 17th November 2008 at 6pm in the reading Room in the Sweeney Memorial Library, Kilkee.

Notice of Motion submitted by Cllr. Nolan

"That, in view of the country's straitened financial circumstances, Kilkee Town Council forego one months (net) salary per annum and request it be returned to the Exchequer and that other elected representatives be exhorted to do likewise."

Cllr. Nolan indicated that he proposed this motion because he felt that the economic climate was going to get worse and he felt that the example might be set for the public service at large, which might set off a wave of agreement amongst elected representatives initially and extending to public servants.  He added that he saw it as Kilkee Town Council doing its bit to help the economy.

Cllr. Linnane said the Town Council should explore this option to see how it would work.

Cllr. Marrinan Suillvan said she would agree with it in that it’s a gesture but that she would like to see what kind of a run it would get by putting it out to other councils, town, city and borough and county and that depending on the feedback that they could do it in conjunction with them.

Cllr Martin agreed with the motion but agreed with Cllr. Marrinan Sullivan that all local authorities should be written to. He added that individually it was not a lot of money but collectively that it would make a difference.  He said we were quick enough to take the golden egg and now that the shell is fractured that we should try and put the egg back together again.

Cllr Linnane indicated that the financial implication to Kilkee members was about €90 per month.

Notice of Motion submitted by Cllr. Nolan

"That a full time locally based Town Clerk be recruited to collect and administer the holiday home levies, as announced in the budget"

Cllr Nolan indicated that he had pursued this with Mr. Ciaran Conroy in the Finance Department in the Department of the Environment and he added that at the moment no law had been drafted to give force to this levy.  He said that as far as he was aware that the levy would be collected centrally and redistributed to councils in whose area the levies were collected.  He added that it could give Kilkee TC an opportunity to have real meaning in the lives of the people who had elected them by allowing them to collect these levies and that Kilkee Town Council would need to be prepared to have someone to look after these funds that would be a permanent member of staff.  He continued that in recent years the Kilkee Town Clerk was being replaced on almost a two year basis and that knowledge was being lost and there was very little continuity and that this needed to be addressed. 

John Corry indicated that his understanding of how this funding would operate would be that this levy would be collected similar to motor tax receipts and distributed as part of the Local Government Fund.

Cllr. Marrinan Sullivan queried as to whether the funding would go to Clare County Council as opposed to Kilkee Town Council.  She added that many years ago that both herself and Cllr. Nolan with the support of Cllr. Haugh had proposed putting levies on holiday homes.  She said she would welcome these funds if they were received by Kilkee Town Council but she said she would have fears that they wouldn’t be.

Cllr. Nolan said that we needed to show ourselves as being ready for the collection and management of these levies.

John Corry confirmed that he had dealt with Ciaran Conroy in the past and that he would endeavour to try and find out more on how these levies would be administered for the members as quickly as possible.

Cllr. Haugh agreed with the motion and added that she would like to see the funds collectable by Kilkee Town Council.

Notice of Motion submitted by Cllr. Nolan

"That  T.D.'s Timmy Dooley and Tony Killeen  withdraw  their support from the current Government, in view of the withdrawal of Emergency Services from Monaghan Hospital, as this action is a prelude to a similar action in Clare"

Cllr. Nolan confirmed that this motion was not meant as FF bashing but that he felt that our TD’s must stand up for the health of the people of the county.  He added that Monaghan was a blueprint for what would happen in Clare, with regard to the delivery of acute services in the county.  He added that all acute services were being closed in Monaghan and diverted to Cavan.  He added that Cavan’s bed occupancy in Accident and Emergency was 160% and that it was bursting.  He felt that a similar scenario would happen in Clare with the removal of acute services to Limerick.  He added that the TD’s were standing between the movement of acute services to Limerick and he said that it was time that they raised their voices now in a very public way in support of the people they represented.

Cllr. Linnane indicated that they had the Hanley Report, the Teamwork Report and that all the messages they were getting were that acute services were not going to go in Ennis.

Cllr. Nolan said that it was very likely that the Monaghan situation could easily happen in Clare and that what happened in Monaghan came from the Teamwork Report.  Cllr. Nolan added that this was a very personal issue to him regarding the care of people. 

Cllr. Marrinan Sullivan said that she would like to support the motion but not because she would like to see TD’s resigning.  She said that there had been a history of losing services in Clare.  She added that Shannon was a case in point. She said that all TD’s in the county should be asked to stand up and represent Ennis Hospital.  She added that people in West Clare will be more affected than in any other area in Clare.

Cllr. Keane indicated that two the biggest issues in Clare were Ennis Hospital and Shannon Airport.  He added that Timmy Dooley T.D. and Tony Killeen T.D. had let down the people of Clare and in particular West Clare.  He added that he would be supporting Cllr. Nolan’s motion.

Cllr. Martin agreed and said that monies were being wasted by the HSE.  He added that he would have grave fears for the future of Ennis hospital.

Cllr. Haugh agreed with Cllr. Nolan’s motion in that the role of Ennis hospital should be retained.  She added that she would not be recommending the resignation of Timmy Dooley T.D. and Tony Killeen T.D. and that she was quiet happy with their representation.

Cllr. Marrinan Sullivan said that you need to seize the moment that you feel that you will have the biggest impact.

Cllr. Martin said all four TD’s should be fighting for Ennis.

Cllr. Nolan asked that the Town Clerk address the substance of the motion to the offices of the TD’s concerned and to say that the motion was debated by Kilkee Town Council and that the Town Council didn’t want to be in any way divisive but that they must seize the moment.

Correspondence

A letter dated 24th October 2008, from Gerard Dollard Director of Service Environment Section, regarding an update on the position of Casual Trading in Kilkee was circulated to the members.

Nora Kaye informed the members that at the District Court on 13th October 2008 that the judge had indicated that all existing traders should be allowed their existing stall size within the Square. He also added that it was not desirable to extend the trading area to O’Connell St and that in preparing a new map for consideration to allow trading to take place on the six car parking spaces directly west of the funeral home and to also allow trading on the raised paved area marked L.S. on the map just south of Bay 16 and also at the raised paved area marked L.S. just south of the six car parking spaces west of the funeral home.

Cllr. Linnane indicated that the Kilkee traders would continue to trade in the town, in a more regularised way.

Cllr. Martin indicated that he had no problem with the traders in the town but that it needed to be regularised.

John Corry indicated that it was intended that trading would be policed by means of the bye laws.

Cllr. Marrinan Sullian said her concern was that traders would leave their stalls unattended overnight and that this was a health and safety issue.

Cllr. Nolan question as to whether or not all traders could be accommodated within the 28 spaces in Kilkee.

John Corry replied that having discussed the matter with James Barry, Senior Staff Officer that yes they could ,as one trader was expected not to renew their licence.

Cllr. Nolan indicated that his concern re trading was the spill over on to Main Street. 

John Corry indicated that there would be a limit to the number of permits granted and that this would be controlled by the byelaws.

Cllr. Marrinan Sullivan referred to the Kilrush Town Council motion. She said that the two other TD’s should be called on to support the TD’s in government.  She added that she hoped Timmy Dooley T.D.  and Tony Killeen T.D. would seize the moment.

This motion was supported by the members.

Cllr. Keane suggested that if Kilkee Town Council could provide funding towards Kilkee Marine Rescue that this would be appreciated.

This motion was supported by the members.

AOB

Cllr Haugh raised an issue regarding the mud ditch built in the region of the Golf Club and up by Byrnes Cove.  She said that a lot of people had been on to her re same and that they were very offended by it.  She said that it was stopping motorists driving their cars near the picnic tables.

Cllr. Marrinan Sullivan said that the idea was to prevent cars driving near tables as there was speeding etc. up there and that the grass needed to be prevented from being eroded.

Cllr. Nolan said he agreed that cars should be prevented from driving on the grass.  He added that asphalt was for driving on and that grass was for walking on.

Cllr. Marrinan Sullivan said that she would raise a motion at the next meeting re the new flood pipe going in to the Victoria Stream and as to how it would affect it.

As there was no further business the meeting concluded.