Minutes - Kildare County Council - 30/6/2003

KILDARE COUNTY COUNCIL

MINUTES OF MONTHLY MEETING OF KILDARE COUNTY COUNCIL HELD AT BALLINDOOLIN HOUSE, CARBURY ON MONDAY 30TH JUNE, 2003 AS ADOPTED

Members present: Councillors Jim Reilly (Mayor), T. Conway, J. Dardis, F. Dukes, M. Fitzpatrick, M. Glennon, S. Griffin, R. Hendy, W. Hillis, J.Keane, A. Lawlor, A. McEvoy, J. McGinley, C. Murphy, S. O’Fearghaíl, J. O’ Neill, E. Stagg, J. Wall and K. Walsh.

Apologies: Councillor G. Conway, P. Kelly, M. Miley, F. O’Loughlin, S. Power, and P.J. Sheridan.

Also Present: Mr. Niall Bradley, County Manager, Mr. T. Skehan, Director of Planning and Public Safety, Mr. P. Minnock, Director of Corporate and Cultural Affairs, Mr. J. Lahart, Director of Housing and Water Services, Mr. J. Boland, Director of Transportation and Environment, Mr. E. O’Sullivan, Finance Officer, Mr. A.C. Talbot, meetings administrator and other officials.

The Mayor welcomed the members to Ballindoolin House, Carbury which is run by the Maloney family. Mr. David Maloney thanked the members for their attendance and outlined the history of the house. Councillor O’Fearghail thanked the Mayor for inviting the Council to hold its meeting in north west Kildare.

Minutes

01/0603

Adjourned Monthly Meeting 19th May, 2003

The minutes of the above meeting were confirmed and taken as read on the proposal of Councillor Hillis, seconded by Councillor Wall.

Monthly Meeting of 26th May, 2003

The minutes of the above meeting were confirmed and taken as read on the proposal of Councillor Hillis, seconded by Councillor Wall.

Special Meeting of the Council of 9th June, 2003

The minutes of the above meeting were confirmed and taken as read on the proposal of Councillor Hillis, seconded by Councillor Wall.

The progress report was noted.

Committee Minutes

02/0603

Kildare Area Committee 6th May, 2003

The minutes were confirmed and taken as read on the proposal of Councillor O’Neill, seconded by Councillor Keane.

Leixlip Area Committee 2nd May, 2003

The minutes were confirmed and taken as read on the proposal of Councillor Murphy, seconded by Councillor McGinley.

Celbridge Area Committee 10th January, 2003, 14th March, 2003, 11th April, 2003 and 9th May, 2003

The minutes were confirmed and taken as read on the proposal of Councillor Stagg, seconded by Councillor Walsh.

Kildare County Library and Arts Committee 12th February, 2003

The minutes were confirmed and taken as read on the proposal of Councillor Glennon, seconded by Councillor Stagg.

Local Traveller Accommodation Consultative Committee 31st January, 2003

The minutes were confirmed and taken as read on the proposal of Councillor Stagg, seconded by Councillor Glennon.

Matters arising from the Minutes

03/0603

Odours in Leixlip

Councillor Stagg raised this issue and confirmed that work carried out to date has been ineffective and that the matter requires urgent attention. Mr. Lahart confirmed that a number of initiatives had been undertaken, and the situation will be monitored and further work will be carried out.

Kildare By-Pass

Councillor O’Fearghail raised this issue indicating that the work is proceeding faster than had been expected and congratulated the contractor on the speed at which the contract is being carried out. He advised that when the Kildare By Pass construction commenced the members were assured that any enhancement proposals for the town, including the O’Neill Plan, would be implemented unlike the situation in Naas and Kilcullen. The members were assured that finance would be provided as part of the by pass project, however, a number of weeks ago, they were advised by the Director of Transportation and Environment that no finance had been included and the members were extremely disappointed at this. He indicated that as the Monasterevan By Pass project is being undertaken it is essential to ensure that money for works in the town are included as part of the overall by pass cost. Councillor Murphy said that the same issue had arisen in relation to Maynooth, Leixlip and Celbridge where not enough money was provided to carry out works in the towns.

The meetings administrator advised that Kildare County Council had looked for funding to carry out work in towns that had been affected by by-passes and that the O’Neill plans were long-term plans to provide a blue print for the years to come, and it was never intended that these plans would be implemented in full on completion of by passes. The Manager indicated that money for by passed towns had been provided in the past and there is a need now to establish if money is not now available why this is so and whether this has been as a result of a change in policy.

The Manager introduced Mr. Joe Boland the new Director of Transportation and Environment who undertook to look at this matter and report to the Council at its next meeting. Mr. Boland was welcomed by the Mayor and members, and the appointment of Mr. Des Page as Director of Community and Enterprise was also welcomed.

Local Government Act 2001 (Section 85)

Agreement with Carlow County Council

4/0603

The members considered the report of the 18th June, 2003 issued in relation to this matter. The proposed Section 85 Agreement with Carlow County Council is in response to the Department of the Environment and Local Government strategy advocating that the provision of water treatment and disinfectant facilities in privately sourced group water schemes be based on design, build and operate procurement, coupled with the bundling of a number of schemes under a single contract. In this regard the counties of Carlow, Kilkenny, Wexford, Wicklow, Laois and Kildare are coming together to be known as the South Eastern Region and the lead authority in this will be Carlow County Council. The improvements will cater for approximately 5,000 houses where water supply is presently below quality standard. A number of schemes in County Kildare have made provisional expressions of interest in participating in this, and the current expressions of interest represents 504 houses with a population catchment of 2,140. The approval of the members to the making of the agreement with Carlow County Council was sought.

Resolved on the proposal of Councillor Wall, seconded by Councillor Hillis, that Kildare County Council enter into a Section 85 Agreement with Carlow County Council to allow Carlow County Council to undertake the statutory functions (excluding planning functions) relating to the procurement of water treatment and disinfectant facilities for the South Leinster DBO Bundle.

Planning and Development Act 2000

Part V111 Planning and Development Regulations 2001

05/0603

(a) Curragh/Cut Bush Waste Water Treatment Plant

The members considered the report prepared in accordance with Planning and Development Regulations 2001 dated 19th June, 2003 endorsed by the County Manager in relation to the proposal for a new waste water collection and disposal facility for the Curragh and its surrounding areas. These areas include Suncroft, Cut Bush, Brownstown, Maddenstown and the Curragh Camp. The report set out a description of the works, the implication of the works for the proper planning and development of the area, a list of bodies who were informed in accordance with the Planning and Development Regulations 2001, a list of the people from whom submissions had been received, the issues raised in the submissions and the responses thereto. The report concluded that having regard to the acceptability of the proposal to Duchas, the environmental benefits of the development which will result in the removal of the two continuous effluent outfalls that discharge to the land drain system on the Curragh, together with a reduction in the number of treatment plants at this location, and the reduction in land take for sewerage infrastructure on the Curragh, it is recommended that the proposed development should generally proceed subject to a number of conditions which were also outlined.

Councillor O’Neill, seconded by Councillor Dardis, proposed that the water scheme be extended to Blackrath and this was agreed. Councillor O’Fearghail requested confirmation of whether the submission by Friends of the Environment had delayed the process and sought a date for the work to begin. Mr. John Murphy confirmed that An Bord Pleanala have been requested by Friends of the Environment to require the local authority to carry out an Environmental Impact Statement to ascertain the effects on the River Liffey. The Board has been advised by the Council that this was done as part of the Environmental Impact Statement for Osberstown Waste Water Treatment Plant. He confirmed that tenders have been sent to the Department of the Environment and Local Government and it is hoped that work will commence in three months time.

Resolved on the proposal of Councillor O’Neill, seconded by Councillor Dardis, that the works proceed in accordance with the report.

(b) Road maintenance depot at Newbridge Industrial Estate

The members considered the planning report of the 14th May, 2003 endorsed by the County Manager in relation to the proposal for an industrial unit for use as a warehouse and vehicle storage, canteen, office, employee locker room and general sanitary facilities and associated site works at Newbridge Industrial Estate. The report outlined the description of the development, its implications on the Development Plan for the area and confirmed that no submissions or objections had been received in connection with the proposal. The proposal was recommended subject to a number of conditions which were outlined in the report.

Resolved on the proposal of Councillor O’Neill, seconded by Councillor Dardis, that the works proceed in accordance with the report.

Disposal of Land

06/0603

(a) Hugh and Siobhan Sweeney, 1283 Highfield Park, Kilcock

The Council considered statutory notice dated, 6th June 2003 which had been circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of premises known as 1283 Highfield Park, Kilcock to Hugh and Siobhan Sweeney in consideration of the current value of rented equity updated in line with inflation at the date of redemption of the Shared Ownership Loan pursuant to the conditions under which the Shared Ownership loan in respect of the premises was granted.

Resolved on the proposal of Councillor Stagg, seconded by Councillor Keane, pursuant