Kilkenny County Council

KILKENNY COUNTY COUNCIL

COMHAIRLE CHONTAE CHILL CHAINNIGH

Agenda for the Ordinary Meeting of Kilkenny County Council to be held on Monday 21st November, 2005, at 3 p.m. in the Council Chamber, County Hall, John Street, Kilkenny.

Clár do Ghnáth-Chruinniú Chomhairle Chontae Chill Chainnigh le reachtáil ar an Luan 21st Samhain 2005, ar a 3.00 i.n. i Seomra na Comhairle, Halla an Chontae, Sráid Eoin, Cill Chainnigh.

1. Confirmation of Minutes - Dearbhú Miontuairiscí:

(a) Minutes of Ordinary Meeting of Kilkenny County Council held on 17th October, 2005 (copy of minutes attached)

(b) Minutes of SPC 5 – Arts, Culture, Heritage, Tourism and Education Meeting held on 3rd November, 2005 (copy of minutes attached)

(d) Minutes of Piltown Electoral Area Committee Meeting held on 10th November, 2005 (minutes to follow)

(e) Minutes of SPC 3 – Environmental Policy including Fire Services, Emergency Planning Meeting held on 16th November, 2005 (minutes to follow)

2. Business prescribed by Statute, Standing Orders or Resolutions of the Council.

Gnó forordaithe do réir Reachtaíochta, Orduithe Seasta, nó Rúin an Chomhairle.

Housing & Other Disposal - Tithíocht & Díuscairt Eile

(a) Housing Disposal – Tithíocht Díuscairt

(i) “That Kilkenny County Council hereby approves of the disposal of its interest in house at Oldcourt, Piltown, Co. Kilkenny to Patrick and Anastasia O’ Driscoll in accordance with the terms of the Shared Ownership Scheme”. (Notification issued to members on 4th November, 2005)

(ii) “That Kilkenny County Council hereby approves of the disposal of its interest in house at 15 Togher Lawns, Urlingford, Co. Kilkenny to James Murphy in accordance with the terms of the Shared Ownership Scheme”. (Notification issued to members on 4th November, 2005)

(iii) “That Kilkenny County Council hereby approves of the disposal of its interest in house at 11 Laurel Court, Loughboy, Kilkenny to Susan Fox in accordance with the terms of the Shared Ownership Scheme”.(Notification issued to members on 4th November, 2005)

(iv) “That Kilkenny County Council hereby approves of the disposal of its interest in house at Physicanstown, Callan, Co. Kilkenny to Peter and Winifred Dawson in accordance with the terms of the Shared Ownership Scheme”. (Notification issued to members on 4th November, 2005)

(v) “That Kilkenny County Council hereby approves of the disposal of its interest in house at 16 An Cuainin, Abbeylands, Ferrybank, Via Waterford to Damien Barry and Hayley Collins in accordance with the terms of the Shared Ownership Scheme”. (Notification issued to members on 4th November, 2005)

(vi) “That Kilkenny County Council hereby approves of the disposal of its interest in house at 78 Maudlin Court, Thomastown, Co. Kilkenny to Alan Grogan and Ailish Cody in accordance with the terms of the Shared Ownership Scheme”. (Notification issued to members on 4th November, 2005)

(vii) “That Kilkenny County Council hereby approves of the disposal of its interest in house at 19 Rosewood, Johnswell Road, Kilkenny to Josephine Deevy in accordance with the terms of the Shared Ownership Scheme”. (Notification issued to members on 4th November, 2005)

(b) Other Disposal - Díuscairt Eile

(i) “That Kilkenny County Council hereby approves of the disposal of a plot of land at Newpark Lower, Kilkenny to Newpark Close Community Development Ltd., Kilkenny by way of a long term lease for a nominal rental sum of €10.00 for annum with each party being responsible for its own legal costs”. (report attached)

(ii) “That Kilkenny County Council hereby approves of the disposal of a plot of land at Troysgate, Kilkenny to Paul Tallis, Troysgreen, Green street, Kilkenny for the sum of €60,000.00 with each party being responsible for its own legal costs”. (report attached)

(c ) Notification under Planning and Development Act 2000. Material Contravention of Kilkenny City & Environs Development Plan 2002. Ref No. in Register P.05/1438.

Applicant: Califa Ltd., C/o Gittens Design Architects, 2 Patrick’s Court, Patrick Street, Kilkenny. For a material change of use of units from existing light Industrial/warehouse building(Planning Permission Ref No. 99-1207) to comprise as follows: 1) Material change of use of light industrial/warehouse units to self contained independent office units(units 1B, 2 & 6).2) Provision of new first floor office accommodation to units 1B & 2.3) Provision of new first floor storage mezzanine to existing warehouse unit 2B.4) Provision of new windows and doors opens to rear elevation & 2 no. atrium roof lights. 5) Provision of additional new parking spaces & all associated site works at Leggettsrath West & Middleknock, Dublin Road, Kilkenny. (report to follow)

(d) Community & Enterprise - Pobal agus Fiontar

(i) Recreational Capital Fund – Report to follow

(e) Planning – Pleanáil

(i) Kilkenny County Development Plan 2002 Variation No.7 Managers Report – ‘Car Parking Standards for Various Land Uses’.

(ii) Kilkenny City and Environs Development Plan 2002 Variation No. 7 Mangers Report

‘Car Parking Standards for Various Land Uses’. (report attached)

(f) Roads - Bóithre

(i) Kilkenny Western Environs - Road Infrastructure- Part VIII of Planning and Development Act 2000. (report attached)

(g) Finance – Airgeadas

(i) “That, subject to the sanction of the Minister for the Environment and Local Government, Kilkenny County Council hereby approves overdraft borrowings to a maximum amount of €4.5m for the half year ending 30th June, 2006”.

(ii) “That, subject to the sanction of the Minister for the Environment and Local Government, Kilkenny County Council hereby approves overdraft borrowings to a maximum amount of €4.5m for the half year ending 31st December, 2006”.

(h) Sanitary Services - Seirbhísí Slántaíochta

Local Government Act 2001 Section 85 Agreement – Sanitary Services – Kilkenny County Council with Kilkenny Borough Council.

3. Urgent Correspondence - Comhfhreagras Práinneach

4. Business adjourned from a previous Meeting - Gnó ar athló ó chruinniú roimhe seo:

5. Fix Dates and Times of Meetings - Dátaí agus Amanta do chruinnithe a shocrú:

(i) Schedule of meetings from November – January 2006.

6. Consideration of Reports and Recommendations of Committees of the Council -

Plé ar Thuairiscí agus Moltaí ó Choistí an Comhairle:

(a) Report on SPC 5, Community, Social Policy, Arts, Culture, Heritage and Tourism, Education Meeting held on 3rd November, 2005. (copy of report attached)

(b) Report on Thomastown Electoral Area Meeting held on 9th November, 2005 (copy of report attached)

(d) Report on SPC 3 – Environmental Policy including Fire Services, Emergency Planning Meeting held on 16th November, 2005 (copy of report to follow)

7. Other Business set forth in the Notice convening the Meeting -

Gnó Eile romhainn i bhFógra reachtála an Chruinnithe

8. Conferences – Comhdhálacha

9. Matters Arising from Minutes - Gnótha ag éirí as Miontuairiscí

10. Any Other Business - Aon Ghnó Eile

11. Notices of Motion - Fógraí Rúin:

37(05) Cllr. Pat Dunphy.

“That work on the Mooncoin Sewerage Treatment Plan proceeds with haste as the matter is a serious issue in the area and needs to be resolved quickly. I am asking the Council to supply completion date timelines”.

38(05) Cllrs. Dick Dowling, Catherine Phelan/Holden, Pat Dunphy

“That Kilkenny County Council ensure the necessary infrastructure is in place before any future major development commences. By this we mean, proper roads, adequate sewerage and water, sufficient amenities and education facilities and that developers play a bigger role in the provision of such infrastructure”.

39(05) Cllrs. Dick Dowling, Catherine Phelan/Holden Holden, Pat Dunphy.

“That Kilkenny County Council should insist on County road improvements and safety measures, signage etc to be in place before licenced landfill sites in rural areas are utilized. The costs of any such necessary improvements to be borne by Licencee”.

40(05) Cllr. Bobby Aylward

“That the Environment Section of Kilkenny County Council would clarify its policy on the burning of hedgerow and garden waste, such as bush, briar, grass, branches etc. this has been a tradition of landowners and gardeners for many years. These is no hazardous substance emitted from this type of burning and therefore should have no ill effect on the environment. I believe that some of our near neighbour local authorities and also in the west of Ireland allow this practice to continue”.

41(05) Cllr. Tomas Breathnach

“That Kilkenny County Council will facilitate/support a commemoration service to mark the 20th Anniversary of the Chernobyl nuclear explosion on 26th April, 1986. This service to be a mark of respect for those who lost their lives as a result of the nuclear explosion and its aftermath and for those who have continued to suffer as a result of it. Pay tribute to those who lost their lives to limit the damage caused by the explosion and thus prevented an even greater catastrophe. Acknowledge the great efforts of people all over Ireland and especially in Kilkenny on behalf of people affected by the explosion.

42(05) Cllr. Tomas Breathnach

“Retain the national airline, Aer Lingus, in state ownership. Invest in Aer Lingus as required and on the basis of a business plan to secure the future of the airline, given that there is no impediment under EU competition rules to such investment, and safeguard the employment, pay and conditions of all Aer Lingus workers”.

Notices of Motion from other local authorities seeking support of Kilkenny County Council - Fógraí i dtaobh Rúin ó Údaráis Áitiúla eile ag lorg tacaíochta ó Chomhairle Chontae Chill Chainnigh:

41 (05) Offaly County Council

“That Offaly County Council insist that phone masts and pylons are located 2 km from residential areas. These guidelines to be included in the County Development Plan and that we write to the Minister and also circulate this motion to all other Councils”.

42(05) Listowel Town Council

“That Listowel Town Council supports the provision of flashing alarm systems in all public buildings to meet with needs of people with hearing impairments”.

43(05) Passage West Town Council

“That this Council calls on the Minister for Health and Children to introduce regular monitoring for bacteria in all areas of hospitals and other buildings where patients are treated to minimise risks of patient infection”.

44(05) Passage West Town Council

“That this Council calls on the Minister for Health and Children to treat Cardiovascular Disease as a chronic illness”.