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Minutes of the Ordinary Meeting of Kilkenny County Council held on Monday, 20th October, 2003 at 3.00 p.m. in the Council Chamber, County Hall, John Street, Kilkenny.
Cathaoirleach:Cllr.B. Aylward.
Also Present:Cllrs. J. Cody, T. Maher, P. Cuddihy, J. Coonan, J. Murphy, A. Blackmore, W. Ireland, M. Carroll, J. Brett, P. Millea, T. Mullen, M. Doran, A. Cotterell, D. Dowling, P. Dunphy, M. Lanigan, T. Brennan, C. Long, J. Brennan, D. Doyle, M. Brett, P. Fitzpatrick, C. Connery, M. H. Cavanagh.
In Attendance:M. Malone, County Manager, P. O’Neill, J. McCormack, T. Walsh,
T. Gunning, Directors of Service, J. Dempsey, Head of Finance, R. Kenny, Senior Executive Officer, M. Delahunty, Senior Executive Officer, D. Malone, Senior Executive Planner, Dearbhala Ledwidge, Heritage Officer,
J. Gibbons, Administrative Officer.
Votes of Sympathy:
The sympathy of the Council was extended to the following:-
Adrian Waldron, 35, Lintown Hall, Johnswell Road, Kilkenny on the death of his father Cllr. Pat Dunphy, Balygorey, Mooncoin, Co. Kilkenny on the death of his father.
Lennon Family on the death of Bishop Lennon.
Richard Cormack, Glashare, Johnstown, Via Thurles, Co. Tipperary on the death of his brother
Joan Walsh, Baunmore, Johnstown, Via Thurles, Co. Tipperary on the death of her husband.
Holden Family, Main Street, Mooncoin, Co. Kilkenny on the death of James Holden.
Mrs. Power, Turkstown, Piltown, Co. Kilkenny on the death of her son.
The Falconer Family, Tobernabrone, Piltown, Co. Kilkenny on the death of Peter Falconer.
Mrs. Nellie Holden, Deerpark, Mullinavat, Co. Kilkenny on the death of her husband.
Mrs. Anna Dowling, Narabane, Kilmacow, Co. Kilkenny on the death of her husband.
Fr. Barron, P.P., Main Street, Mullinavat, Co. Kilkenny on the death of his mother.
Pat Ryan, Ballycriggan, St. Mullins, Co. Carlow on the death of his brother Dr. Laurence Ryan, Former Bishop of Kildare & Leighlin.
Bridie Doyle, Fairview, Graiguenamanagh, Co. Kilkenny on the death of her mother Brenda Lyons.
Michael Ryan, Main Street, Graiguenamanagh, Co. Kilkenny on the death of his wife.
Mrs. Anna Grace, Tybroughney, Piltown, Co. Kilkenny on the death of her mother Mrs. Ellen Curran.
The Holden Family, Deerpark, Mullinavat, Co. Kilkenny on the death of P. Holden.
Tom Holden, Main Street, Mooncoin on the death of his brother.
Ned Butler, Bog Road, Piltown, Co. Kilkenny on the death of his brother.
Brian Holden, Brownsford, Inistioge, Co. Kilkenny on the death of his mother.
Michael Barron, Brownsford, Inistioge, Co. Kilkenny on the death of his mother Mrs. Margaret Barron.
Mrs. Peggy Kirwan & Family, Gragara, Jenkinstown, Co. Kilkenny on the death of Margaret Daly.
Mrs. L. Brennan, Crutt, Clogh, Castlecomer, Co. Kilkenny on the death of her husband
Deirdre Rennick, Auchamuckey, Castlecomer, Co. Kilkenny on the death of her husband.
Colm Daly, Massford, Castlewarren, Co. Kilkenny on the death of his wife.
Liam O’Brien, St. Fiachre’s Place, Kilkenny on the death of his wife.
Congratulations were extended to the following:-
Erin’s Own Hurling Club on winning the Intermediate Hurling Championship.
Cllr. T. Mullen on being appointed as Chairperson of KCAN.
Maire Terese O’Neill on winning the World Under 15 Handball Championships.
Ray Cullen and Laurence Somers who participated as part of the Irish Team in the association of European Hotel & Tourism Studies – Conference held in Copenhagen.
Ray Cullen was Captain of the Irish Team. Laurence Somers won a Gold Medal in the Restaurant Services Competition. This is the second year in a row that Ireland has picked up a Gold Medal at the Conference.
Contributions by Cllrs. J. Coonan, J. Brett, T. Mullen, M. Lanigan.
Proposed by Cllr. J. Coonan, seconded by Cllr. J. Brett:-
“That a presentation be made to Ray Cullen and Laurence Somers in recognition of their achievements at 6 p.m. after the November Meeting of the Council”.
Item 1 – Confirmation of Minutes.
(a) Minutes of Ordinary Meeting of Kilkenny County Council held on 15th September, 2003.
Proposed by Cllr. D. Dowling, seconded by Cllr. J. Coonan and resolved:-
“That the minutes of the ordinary meeting of Kilkenny County Council held on Monday, 15th September, 2003, copy of which had been circulated to each member with the agenda be and are hereby adopted”.
(b) Minutes of Special Meeting of Kilkenny County Council held on 29th September, 2003.
Proposed by Cllr. J. Coonan, seconded by Cllr. P. Cuddihy and resolved:-
“That the minutes of the Special Meeting of Kilkenny County Council held on 29th September, 2003, copy of which had been circulated to each member with the agenda be and are hereby adopted”.
(c) Minutes of Ballyragget Electoral Area Committee Meeting held on 1st September, 2003.
Proposed by Cllr. P. Millea, seconded by Cllr. M. Cotterell and resolved:-
“That the minutes of the Kilkenny Electoral Area Committee Meeting held on 1st September, 2003, copy of which had been circulated to each member with the agenda be and are hereby adopted”.
(d) Minutes of Strategic Policy Committee No. 3 – Environmental Policy Meeting held on 3rd September, 2003.
Proposed by Cllr. A. Cotterell, seconded by Cllr. M. Carroll and resolved:-
“That the minutes of the Strategic Policy Committee No. 3 – Environmental Policy Meeting held on 3rd September, 2003, copy of which had been circulated to each member with the agenda be and are hereby adopted”.
(e) Minutes of Kilkenny Electoral Area Committee Meeting held on 8th September, 2003.
Proposed by Cllr. J. Cody, seconded by Cllr. P. Cuddihy and resolved:-
“That the minutes of the Kilkenny Electoral Area Committee Meeting held on 8th September, 2003, copy of which had been circulated to each member with the agenda be and are hereby adopted”.
(f) Minutes of Strategic Policy Committee No 4 – Housing & Social Policy Meeting held on 9th September, 2003.
Proposed by Cllr. A. Blackmore, seconded by Cllr. T. Maher and resolved:-
“That the minutes of the Strategic Policy Committee No 2 – Housing & Social Policy Meeting held on 9th September, 2003, copy of which had been circulated to each member with the agenda be and are hereby adopted”.
(g) Minutes of Callan Electoral Area Committee Meeting held on 17th September, 2003.
Proposed by Cllr. J. Brett, seconded by Cllr. T. Maher and resolved:-
“That the minutes of the Callan Electoral Area Committee Meeting held on 17th September, 2003, copy of which had been circulated to each member with the agenda be and are hereby adopted”.
(h) Minutes of Special Meeting of Kilkenny Electoral Area and Kilkenny Borough Council held on 22nd September, 2003.
Proposed by Cllr. P. Cuddihy, seconded by Cllr. J. Coonan and resolved:-
“That the Special Meeting of Kilkenny Electoral Area and Kilkenny Borough Council held on 22nd September, 2003, copy of which had been circulated to each member with the agenda be and are hereby adopted”.
(i) Minutes of Strategic Policy Committee No. 1 – Economic Planning & Development Meeting held on 2nd October, 2003.
Proposed by Cllr. M. Doran, seconded by Cllr. D. Dowling and resolved:-
“That the minutes of the Strategic Policy Committee Meeting held on 2nd October, 2003, copy of which had been circulated to each member with the agenda be and are hereby adopted”.
Item 2Business Prescribed by Statute, Standing Orders or Resolutions of the
Council:
. (a) Corporate Affairs – Casual Vacancies
(Section 19 of the Local Government Act, 2001)
Fill Vacancies caused by resignation of:
(i)Cllr. J. McGuinness
(ii)Cllr. P. Hogan
(iii) Cllr. J. P. Phelan
M. Mullally, Senior Executive Officer informed the Members that written consent had been received from the Applicants as well as the Political Parties in respect of Pat Fitzpatrick for Cllr. J. McGuinness and Martin Brett for Cllr. P. Hogan. The filling of the vacancy caused by the resignation of Cllr. J. P. Phelan is being deferred to the November meeting of the Council.
Proposed by Cllr. J. Brett, seconded by Cllr. P. Millea and resolved:-
“In accordance with Section 19 of the Local Government Act, 2001, Kilkenny County Council by resolution at the Ordinary Meeting held on 20th October, 2003 co-opted Pat Fitzpatrick, Clopook, Ballyfoyle, Co. Kilkenny, Member of Fianna Fail to replace Deputy John McGuinness as a Member of Kilkenny County Council.
Mr. Pat Fitzpatrick, Clopook, Ballyfoyle, Co. Kilkenny has indicated in writing prior to the meeting that he was consenting to be co-opted if the Council decided to accept his nomination.”
Proposed by Cllr. P. Cuddihy, seconded by Cllr. W Ireland and resolved:-
“In accordance with Section 19 of the Local Government Act, 2001, Kilkenny County Council by resolution at the Ordinary Meeting held on 20th October, 2003 co-opted Martin Brett, Derdimus, Tennypark, Kilkenny, Member of Fine Gael to replace Deputy Philip Hogan as a Member of Kilkenny County Council.
Mr. Martin Brett, Derdimus, Tennypark, Kilkenny has indicated in writing prior to the meeting that he was consenting to be co-opted if the Council decided to accept his nomination”.
Cllr. B. Aylward, Chairman, welcomed both persons as Members of Kilkenny County Council. Cllr. B. Aylward also thanked Cllr. J. McGuinness for his contribution and service to Kilkenny County Council and Kilkenny Borough Council over the last number of years. It was stated that the McGuinness Family had made an enormous contribution to local politics over many years.
Contributions by Cllrs. J. Brett, P. Millea, D. Dowling, P. Cuddihy, J. Cody, T. Mullen.
The County Manager, on behalf of himself and the staff welcomed the two new Members onto the Council. He also wished to express his thanks to Deputy John McGuinness for his dedicated service to Kilkenny County Council and Kilkenny Borough Council over the last number of years and wished him well in the future.
Cllr. M. Brett and Cllr. P. Fitzpatrick thanked their respective parties for the opportunity to serve on Kilkenny County Council and were looking forward to working with the Members and Officials of the Council.
(b)Housing and Property Disposal:
Proposed by Cllr. J. Murphy, seconded by Cllr. A. Blackmore and resolved:-
(i)Disposal of interest in house at 4, Mill Road, Inistioge, Co. Kilkenny to
Maura Lee in accordance with the terms of the Shared Ownership Scheme. (Notification issued to Members on 8/10/03)
(ii) Disposal of interest in house at 22, Mallfield, Thomastown, Co. Kilkenny to Patrick and Smadar O’Connor in accordance with the terms of the Shared Ownership Scheme. (Notification issued to Members on 8/10/03)
(iii)Disposal of Disposal of interest in house at 13, Abbeylawn, Abbey Park, Ferrybank, Co. Kilkenny to Philip and Colette Haycock in accordance with the terms of the Shared Ownership Scheme. (Notification issued to Members on 8/10/03)
(iv)Disposal of interest in house at 54, Michael Street, Kilkenny to Richard and Margaret Walton in accordance with the terms of the Shared Ownership Scheme. (Notification issued to Members on 8/10/03)
(v) Disposal of interest in house at 43, Beechlawns, Johnswell Road, Kilkenny to
Paul and Geraldine O’Reilly in accordance with the terms of the Shared Ownership Scheme. (Notification issued to Members on 8/10/03).
(vi) Disposal of interest in house at 85, Rosewood, Johnswell Road, Kilkenny to
Margaret Delaney in accordance with the terms of the Shared Ownership Scheme. (Notification issued to Members on 8/10/03).
(vii) Disposal of interest in house at No. 76, St. Kieran’s Crescent, Kilkenny to Teresa
Walsh in accordance with the terms of the Affordable Housing Scheme. (Notification issued to Members on 8/10/03).
(viii) Disposal of interest in lands at Lumper Lane, Urlingford to John Kennedy,
Ratbeg, Gortnahoe, Thurles, Co. Tipperary for the sum of €15,000 in accordance with Section 183 of the Local Government Act, 2001.
(c)Notification under Part XI Planning & Development Act, 2000.
Housing.
(i)Proposed by Cllr. J. Brennan, seconded by Cllr. M. Carroll and resolved:-
“That Kilkenny County Council proceed with the construction of 9 Dwellings at Salome Place, Moneenroe, Co. Kilkenny as per report circulated”.
Roads.
(ii)Proposed by Cllr. J. Murphy, seconded by Cllr. T. Brennan and resolved:-
“That the Part VIII of the Local Government (Planning and Development) Regulations, 2001 for the R705 Graiguenamanagh Relief Road be hereby approved”.
Proposed by Cllrs. B. Aylward, A. Blackmore, J. Murphy.
(d)Planning
Proposed by Cllr. J. Cody, seconded by Cllr. P. Cuddihy and resolved:-
(i)Proposed Variation to Kilkenny County Development Plan 2002 – Variation No. 1
“Kilkenny Open Space, Sport and Recreational Needs Strategy”
Proposed by Cllr. J. Cody, seconded by Cllr. P. Cuddihy and resolved:-
(ii) Proposed Variation to Kilkenny City and Environs Development Plan 2002 –
Variation No. 1 “Kilkenny Open Space, Sport and Recreational Needs Strategy”
Proposed by Cllr. T. Brennan, seconded by Cllr. J. Murphy and resolved:-
(iii) Proposed Gowran Local Area Plan
Proposed by Cllr. A. Blackmore, seconded by Cllr. C. Long and resolved:-
(iv) Proposed Fiddown Local Area Plan
Proposed by Cllr. C. Long, seconded by Cllr. P. Dunphy and resolved:-
(v)Proposed Piltown Local Area Plan
Proposed by Cllr. C. Long, seconded by Cllr. P. Dunphy and resolved:-
(vi)Proposed Mooncoin Local Area Plan
Contributions by Cllrs. J. Brett, T. Maher, D. Dowling, B. Aylward, C. Long, J. Brennan, P. Dunphy, T. Brennan, J. Murphy.
(e)Finance.
(j) Draft Annual Financial Statement 2002
J. Dempsey, Head of Finance referred to the draft Annual Financial Statement which had been circulated to the Members with the Agenda. The Members were informed that the
Council’s finances were within budget for the current year.
Contributions by Cllrs. J. Brett, P. Millea, T. Maher, M. Lanigan, D. Dowling, M. Brett, T. Mullen, D. Doyle.
Proposed by Cllr. T. Maher, seconded by Cllr. W. Ireland:-
“That the draft Annual Financial Statement 2002 is approved”.
(ii)Section 104 (7) Local Government Act, 2001 –
Notification of Additional Expenditure 2002
Proposed by Cllr. J. Cody, seconded by Cllr. W. Ireland and resolved:-
“That Kilkenny County Council hereby approves of excess expenditure for year ending 31st December, 2002 as follows in accordance with Section 104 (2) Local Government Act, 2001:-
Housing & Building €
1.3Assistance to Persons Improving Houses232,366
Subtotal232,366
Road Transportation & Safety
2.1Road Upkeep952,717
2.8Administration & Overheads 1,012,680
Subtotal 1,965,397
Water Supply & Sewerage
3.1Public Water Supply Schemes203,714
3.2Public Sewerage Schemes276,428
3.3Private Installations 1,007,889
Subtotal 1,488,031
Development Incentives & Controls
4.3Other Development & Promotion 58,104
4.5Local Community Interest Promotion 33,943
4.8Administration & Overheads 94,751
Subtotal186,798
Environmental Protection
5.3Safety Structures & Places 6,053
5.4Fire Protection307,300
5.5Pollution Control102,545
5.8Administration & Overhead 63,999
Subtotal479,897
Recreation and Amenity
6.1Swimming Pools 9,921
6.4Other Recreation and Amenity 15,524
Subtotal 25,445
Agriculture, Education, Health & Welfare
7.2Education488,062
Subtotal488,062
Miscellaneious Services
8.2Plant and Materials (Net)138,239
8.4Elections 10,530
8.8Administration and Miscellaneous121,538
8.9Expenses327,150
Subtotal597,457
TOTAL 5,463,453
(iii)S. I. No. 508 of 2002 Local Government (Financial Procedures & Audit Regulations) 2002 - Report on uncollected Rates 2002 -
The contents of the report was noted.
(iv)Fix dates for Budget 2004 Meeting.
It was agreed that the Draft Budget would be discussed by the Corporate Policy Group initially. Briefing Meeting would be held in Committee for the Members of the Council.
Proposed by Cllr. B. Aylward, seconded by Cllr. D. Dowling and resolved:-
“That the Briefing Meeting in Committee, on the Draft Budget for Members be held on Monday 1st December, 2003 at 3 p.m.
Proposed by Cllr. P. Millea, seconded by Cllr. D. Doyle and resolved:-
“That the Public Meeting on the Draft Budget for 2004 be held on Friday 5th December, 2003 at 3 p.m.
Item 3Urgent Correspondence:
(i)Cllr. A. Blackmore raised the matter of planting on the Piltown/Fiddown By-Pass
and also raised the problem of travellers parked on the By-Pass.
T. Gunning, Director of Service stated that a meeting is being held with the National Roads Authority to conclude matters in relation to the By-Pass and the matter raised would be taken up at that meeting. Travellers parked in the area are creating a traffic hazard and is a matter for the Gardai.
Proposed by Cllr. A. Blackmore, seconded by Cllr. C. Long and resolved:-
“That a letter be sent to the Garda Siochana requesting that they remove the travellers from the Piltown/Fiddown By-Pass as they are creating a traffic hazard”.
(ii)Cllr. P. Cuddihy raised the matter of the taking in charge of housing estates and in particular Clarnwood Estate.
P. O’Neill, Director of Service stated that a strategy for enforcement had been put in place and is very successful. However, a significant amount of work remains to be completed. The process for the taking in charge of estates was brought before the Strategic Policy Committee and is now finalised. In relation to Clarnwood Estate, the Council was given to understand that land was to be transferred to the Council, however, nothing has happened to date. The next stage in the process would be to take appropriate legal action.
Contributions by Cllrs. P. Cuddihy, J. Cody, M. Lanigan, J. Coonan.
Replies by County Manager, P. O’Neill, T. Gunning.
(iii)Cllr. D. Doyle raised the matter of footpaths and roadway at Castle Avenue, Thomastown which are in need of repair.
Mr. T. Gunning, Director of Service stated this matter would be dealt with at area level when discussions take place on the Estimates for 2004.
(iv)Cllr. J. Brennan requested that an Action Plan be prepared for Clogh/Moneenroe.
M. Delahunty, Senior Executive Officer stated that Clogh and Moneenroe would be two separate village plans and work will commence on these plans towards the end of 2004.
(v)Cllr. T. Mullen raised the matter of the possible change of route of the N9/N10 Kilcullen to Waterford Road Scheme between Dunbell and Kilree including Sheastown area to avoid lands adjacent to the existing mine at Maddoxtown and the former Corporation landfill site at Sheastown.
Mr. T. Gunning, Director of Service stated that correspondence had been received from the Department of Communications, Marine and Natural Resources regarding possible loss of State Mining Royalty should the road go through the mine site. Our Consultants were requested to check the validity of this matter and to come up with a proposal which is now the subject of the public consultation on route options which is commencing on 22nd October, 2003. It is the policy of the Council to meet people who are directly affected by the proposed route in the first instance and then those indirectly affected before the public consultation process commences. The line of the proposed route has not yet been determined.
Contributions by Cllrs. P. Fitzpatrick, P. Millea, T. Mullen, B. Aylward.
(vi)Cllr. Joan Murphy referred to village plans being prepared by BNS and Leader and enquired whether they would take cognisance of the Council’s own village plans.
T. Walsh, Director of Service stated that he would take the matter up with the agencies concerned in an effort to address the issues/concerns raised.
Cllr. D. Dowling indicated he wished to view the roadmarking plan for the N25 Slieverue/New Ross Road and also enquired of proposals for kerbside collection in the South Kilkenny Area.
Mr. P. O’Neill, Director of Service informed Members that kerbside collection of dry recyclables is due to start on 3rd November, 2003 in Kilkenny City and Environs and Urban Areas in the County. A publicity and marketing campaign will be starting next week.
(viii)Cllr. J. Cody requested clarification on Council policy regarding the