Minutes of the Ordinary Meeting of Kilkenny County Council held on Monday 17th September, 2007 at 3.00 p.m. in the Council Chamber, County Hall, John Street, Kilkenny.
Cathaoirleach: Cllr. T. Maher
Also Present: Cllrs. P. Dunphy, A. Phelan, M. Doran,
C. Connery, D. Doyle, P. Fitzpatrick,
T. Breathnach, P. O’ Neill, J. Coonan,
C. Long, J. Brennan, M. Shortall, T. Maher,
T. Brennan, P. Walsh, M. Brett, M. Fitzpatrick,
M. H. Cavanagh, M. Lanigan, M. O’ Brien,
P. Cuddihy, C. Phelan, D. Dowling, P. Millea.
Apologies: Cllr. M. Noonan.
In attendance: J. Crockett County Manager, T. Walsh,
J. Mulholland, J. McCormack, P. O’ Neill Directors of Services, J. Dempsey Head of Finance, B. Mernagh, S. Walton Senior Engineers, A.M. Walsh, M. Arthurs Senior Executive Officers, D. Malone Senior Planner, and A. Waldron Meetings Administrator.
At the outset of the meeting the party whips joined with the Cathaoirleach in welcoming the new County Manager Mr. Joe Crockett to Kilkenny. Mr. Crockett thanked those contributing for their warm welcome and stated that he was looking forward to working closely with all the elected members during his period in office.
The Cathaoirleach took the opportunity of congratulating the Kilkenny Senior Hurling team on their recent victory in the All Ireland.
Congratulations were also offered to the Kilkenny athletes who had competed so well in the recent world athletics Championship, Eileen O’ Keeffe, Joanne Cuddihy and Emily Maher. The Cathaoirleach informed the meeting that it was intended that the achievements of these athletes would be formally recognised by a presentation at a future Council Meeting.
Congratulations were also offered to Fr. Seamus Freeman who is to be installed in the forthcoming weeks as the new Bishop of Ossory. The Cathaoirleach noted that he had particular satisfaction in welcoming Fr. Freeman as he was a former classmate of the Cathaoirleachs.
Good wishes were also offered to the outgoing Bishop, Bishop Laurence Forristal who would shortly step down after 26 years as Bishop for the Diocese.
Best wishes were offered to the Kilkenny ladies junior football team who will be appearing in the All Ireland next week.
Contributions Cllrs. T. Maher, M. H. Cavanagh, M. Lanigan, M. O’ Brien, J. Coonan, C. Connery.
Votes of Sympathy
A vote of sympathy was extended to the following:-
· Tony Walsh, Kilkenny County Council on the death of his uncle
Fr. Phil Purcell
· The Lonregan Family, Paulstown on the death of Mary Lonergan.
· Ellen O’ Shea, Croan, Dunamaggin, Co. Kilkenny on the death of her father James Walsh.
· The Walsh Family, Lismatigue, Hugginstown, Co. Kilkenny on the death of James Walsh.
· Sean Howley, Clonassy, Mullinavat, Co. Kilkenny on the death of his wife Yvonne Howley.
· James & Darragh McGarry, Butlersgrove, Paulstown, co. Kilkenny on the death of Vanessa McGarry.
· The Cullen Family, Annamult, Bennettsbridge, Co. Kilkenny on the death of Clodagh Cullen.
· The Sutton Family, Narabane, Kilmacow, Co. Kilkenny on the death of Denny Sutton.
· The Brennan Family, Ashgrove, Mooncoin, Co. Kilkenny on the death of Jimmy Brennan.
· Joe Cashin & Family, Polerone, Mooncoin, Co. Kilkenny on the death of Jim Cashin.
· Kathleen Slattery, Mullinavat, Co. Kilkenny on the death of Mick Slattery.
· George & Mary O’ Connor, Glenmore, Co. Kilkenny on the death of Luke O’ Connor.
· Breda McDonald, Ballinclea, Mullinavat, Co. Kilkenny on the death of Michael Irish.
· Maura Phelan, Post Office, Tullogher, Co. Kilkenny on the death of Michael Phelan.
· The Power Family, Mullinavat, Co. Kilkenny on the death of Nicholas Power.
· The Keogh Family, Callan, Co. Kilkenny on the death of Mark Keogh.
· Mary O’ Brien & Family, Ballyring, Gathabawn, Via Thurles, Co. Kilkenny on the death of Patrick O’ Brien.
· Patrick & Mary Mackey, Donaghmore, Johnstown, Via Thurles, Co. Kilkenny on the death of James Mackey.
· Joseph Ryan, Baungarrow, Johnstown, Via Thurles on the death of Margaret Ryan.
· Joe Kavanagh, Clogh, Castlecomer, on the death of Catherine Kavanagh.
· Pauline Harding, Deerpark, Castlecomer, Co. Kilkenny on the death of Michael Sherwood.
· The O’ Neill Famly, Slievecorrig, Tullogher on the death of Pat O’ Neill.
· Sandra O’ Neill & Family, Ballyknock, Rosbercon, Via New Ross on the death of Ted O’ Neill.
· Mrs. Gettins, Garryduff, Paulstown on the death of Jim Gettins.
· Mrs. Brennan, Baunafea, Paulstown on the death of Joe Brennan.
· Mrs. Coogan, Clifden, Clara on the death of Paddy Coogan.
Before reaching the items on the Agenda the Cathaoirleach read out a report on the various successes of Kilkenny City and County in the recent Tidy Towns Competition. Kilkenny City improved its marks from last year and was for the 5th year in a row a gold medal winner in the Tidy Towns competition. Piltown Bottle bank was awarded the prize of best bottle bank in the South East Region. Tullahought, Inistioge and Mooncoin also received very high marks in their respective categories. Dungarvan received extremely high marks as one of the best new comers to the Tidy Towns competition. All communities involved were praised for there efforts.
1. Confirmation of Minutes – Dearbhú Miontuairiscí
(a) Minutes of Ordinary Meeting of Kilkenny County Council held on 16th July,, 2007.
Proposed by Cllr. M. Brett, Seconded by Cllr. P. Fitzpatrick and resolved:-
“That the minutes of the Ordinary Meeting of Kilkenny County Council held on 16th July, 2007 copy of which had been circulated to each member with the agenda be and are hereby adopted”.
(b) Minutes of Forward Planning & Development Strategic Policy Committee Meeting held on 21st June, 2007.
Proposed by Cllr. M. Brett, Seconded by Cllr. P. Fitzpatrick and resolved:-
“That the minutes of Planning & Development SPC Meeting held on 21st June, 2007 copy of which had been circulated to each member with the agenda be and are hereby adopted”.
(c) Minutes of Ballyragget Electoral Area Meeting held on 29th June, 2007
Proposed by Cllr. M. Brett, Seconded by Cllr. P. Fitzpatrick and resolved:-
“That the minutes of Ballyragget Electoral Area Meeting held on 29th June, 2007 copy of which had been circulated to each member with the agenda be and are hereby adopted”.
(d) Minutes of Piltown Electoral Area Meeting held on 12th July, 2007
Proposed by Cllr. M. Brett, Seconded by Cllr. P. Fitzpatrick
And resolved:-
“That the minutes of Piltown Electoral Area Meeting held on 12th July, 2007 copy of which had been circulated to each member with the agenda be and are hereby adopted”.
(e) Minutes of Thomastown Electoral Area Meeting held on 16th July, 2007
Proposed by Cllr. M. Brett, Seconded by Cllr. P. Fitzpatrick And resolved:-
“That the minutes of Thomastown Electoral Area Meeting held on 16th July, 2007 copy of which had been circulated to each member with the agenda be and are hereby adopted”.
(f) Minutes of Special Meeting of Kilkenny County Council held on 27th July, 2007
Proposed by Cllr. M. Brett, Seconded by Cllr. P. Fitzpatrick and resolved:-
“That the minutes of Special Meeting of Kilkenny County Council held on 27th July, 2007 copy of which had been circulated to each member with the agenda be and are hereby adopted”.
(g) Minutes of Strategic Policy Committee No. 3 – Environmental Policy, Fire Service and Emergency Planning Meeting held on 7th September, 2007
Proposed by Cllr. M. Brett, Seconded by Cllr. P. Fitzpatrick and resolved:-
“That the minutes of Strategic Policy Committee No. 3 Environmental Policy Meeting held on 7th September, 2007 copy of which had been circulated to each member with the agenda be and are hereby adopted”.
2. Business prescribed by Statue, Standing Orders or Resolutions of the Council.
Gnó forordaithe do réir Reachaíochta, Orduithe Seasta, nó rúin an Chomairle.
(a) Housing and Other Disposal – Tithíocht & Díuscairt Eile
Proposed by Cllr. Pat O’ Neill, Seconded by Cllr. J. Coonan and resolved:-
(i) Notice is hereby given that after the expiration of 10 days from the date of this Notice, it is the intention of Kilkenny County Council to dispose of its interest in house at No. 64 Ashfield, New Orchard, Newpark Upper, Kilkenny to Lindsay Taylor. This house is subject to Shared Ownership Housing arrangement.
(ii) Notice is hereby given that after the expiration of 10 days from the date of this Notice, it is the intention of Kilkenny County Council to dispose of its interest in house at Carron, Maddoxtown, Co. Kilkenny to John and Norma Devitor. Notice is hereby given that after the expiration of 10 days from the date of this Notice, it is the intention of Kilkenny County Council to dispose of its interest in house at 21 Mill Road, Inistioge, Co. Kilkenny to Tina Cunningham. This house is subject to Shared Ownership Housing arrangement.
(iii) Notice is hereby given that after the expiration of 10 days from the date of this Notice, it is the intention of Kilkenny County Council to dispose of its interest in house 6 Rosewood, Johnswell Road, Kilkenny to Catherine Deevy. This house is subject to Shared Ownership Housing arrangement.
(v) Notice is hereby given that after the expiration of 10 days from the date of this Notice, it is the intention of Kilkenny County Council to dispose of its interest in house 6 Whitewood, Johnswell Road, Kilkenny to Patrick Delaney & Catherine Egan. This house is subject to Shared Ownership Housing arrangement.
(vi) Notice is hereby given that after the expiration of 10 days from the date of this Notice, it is the intention of Kilkenny County Council to dispose of its interest in house 6 The Mills, Freshford, Co. Kilkenny to Seamus & Fionnuala Doheny. This house is subject to Shared Ownership Housing arrangement.
Other Disposal - Díuscairt Eile
Proposed by Cllr. A. Phelan, Seconded by Cllr. P. Millea and resolved:-
(i) “That Kilkenny County Council hereby approves of the disposal of its interest in land at The Quay, Graiguenamanagh, Co. Kilkenny to Graiguenamanagh Scout Group by way of long term lease in accordance with Section 183 of the Local Government Act, 2001”.
(ii) “That Kilkenny County Council hereby approves of the disposal of its interest in land at Hebron Road Industrial Estate, Hebron Road, Kilkenny to Tedcastles Oil Products Ltd. in accordance with details contained in the Notice served under Section 183 of the Local Government Act, 2001
(iii) “That Kilkenny County Council hereby approves of the disposal of its interest in lands at Clomantagh, Barna, Co. Kilkenny in accordance with Section 183 of the Local Government act, 2001”
(c ) Water Services - Seirbhísí Slántaíochta
Proposed by Cllr. M. O’ Brien, Seconded by Cllr. P. O’ Neill and resolved:-
(i) Upgrading of Watermains at Duninga-Fenniscourt – “That whereby Kilkenny County Council wishes to carry out upgrade works on a section of watermains at Duninga-Fenniscourt, part of which lies within the functional area of Carlow County Council, that Kilkenny County Council carry out the whole of the works pursuant to the provision of Section 85 of the Local Government Act 2001 and be re-imbursed by Carlow County Council in proportion to the section of the watermains that lie within the functional area of Carlow County Council. And on completion of the aforementioned works, Carlow County Council shall take charge of the section of watermains within the functional area of Carlow County Council”.
Proposed by Cllr. M. Shortall, Seconded by Cllr. P. Millea and resolved:-
(ii) Proposed Development by Kilkenny County Council/Part VIII of the Planning & Development Regulations 2001 and Castlecomer Wastewater Treatment Plant Upgrading 2007 at Smithstown, Castlecomer, Co. Kilkenny.
In response to queries regarding the above items Philip O’ Neill Director of Services gave the backgrounds to same. He agreed that a progress report would be issued to members following up on the proposed water and sewerage infrastructure programme initially issued to members in March this year.
Contributions Cllrs. J. Brennan & T. Brennan.
(d) Environment – Comhshaol
(i) Part 8 River Nore Linear Park – Construction of phase 2 River Nore Linear Park
Proposed by Cllr. J. Coonan, Seconded by Cllr. M. Brett and resolved:- “That in accordance with Section 179 of the Planning & Development Act 2000 Kilkenny Local Authorities Planning Report on the River Nore Linear Park – Construction of Phase 2 River Nore Linear Park Project is hereby approved”.
Contributions Cllr. T. Brennan
(ii) Historic Graveyard Grants 2007 – Round 4 Allocation
Proposed by Cllr. M. Doran, Seconded by Cllr. A. Phelan and resolved:- “That Kilkenny County Council approves the payment of Historic Graveyard Grants 2007 in accordance with the list circulated o the Members”.
(e) Planning – Pleanáil
Proposed Amendment No.1 to the Piltown Local Area Plan 2003
Proposed by Cllr. M. Lanigan, Seconded by Cllr. T. Brennan and resolved:- “That Kilkenny County Council being the Planning Authority for its functional area and in accordance with the provisions of the Planning & Development Acts 2000 to 2002, having undertaken consultations in accordance with the provisions of Section 20(1) of the Planning & Development Act 2000, having complied with the provisions of Section 20(3)(a) and (b) in relation to notice of the proposed Amendment to the Piltown Local Area Plan, having considered the County Manager’s Report prepared in accordance with the provisions of Section 20(3) as substituted by Section 9(d) of the Planning & Development (Amendment) Act 2002 at the meeting held on 17th September, 2007, do hereby make Amendment No. 1 to the Piltown Local Area Plan, the Amendment to the Piltown Local Area Plan being the proposal published on the 29th June, 2007”.
Denis Malone outlined the background and detail of the report which had been issued.
He stated that he would be distributing details of the dates and times for the open public sessions for contributions to the amended Draft Development Plan. Denis Malone also pointed out the following correction to be made to the Plan which had been circulated that the 4.3 acres highlighted in red on page 3 should have read 0.34 acres.
(f) Roads – Bóithre
Stoneyford Traffic Management Scheme – Part 8 Planning Report – Proposed by Cllr. W. Ireland, Seconded by Cllr. A. Phelan and resolved:- “That in accordance with Part 8 of the Local Government (Planning & Development Regulations, 2001 Planning Report on Stonyford Traffic Management Scheme is hereby approved.