Minutes of the Ordinary Meeting of Kilkenny County Council Held on Monday, 20Th December

Minutes of the Ordinary Meeting of KilkennyCounty Council held on Monday, 20th December, 2004 at 3.45 p.m. in the Council Chamber, County Hall, John Street, Kilkenny.

Cathaoirleach:Cllr. M.H Cavanagh.

Also Present:Cllrs. C. Connery, J. Brennan, P. Dunphy, C. Long,

M. Lanigan, P. Cuddihy, A. Phelan, D. Doyle, M. Doran,

M. Noonan, W. Ireland, T. Brennan, P. Millea, D. Dowling,

M. Shortall, P. Fitzpatrick, J. Coonan, J. Cody, M. O’Brien,

C. Phelan-Holden, B. Aylward, T. Breathnach, P. O’Neill,

M. Brett, T. Maher.

In Attendance:M. Malone, Co. Manager, P. O’Neill, T. Gunning, T. Walsh, Directors of Service, J. Dempsey, Head of Finance, K.Fitzgerald, Senior Executive Engineer, M. Brophy, Administrative Officer, M.Mullally, Meetings Administrator, J. Gibbons, Administrative Officer.

Votes of Sympathy:

Proposed by Cllr. B. Aylward, Seconded by Cllr. T. Maher and resolved:-

That a vote of sympathy be extended to Cllr. Matt Doran on the death of his niece Laura Doran.

Proposed by Cllr. P. Fitzpatrick, Seconded by Cllr. J. Coonan and resolved:-

That a vote of sympathy be extended to the family of the late Jim Rice, Dunmore, Co. Kilkenny.

Proposed by Cllr. M. Shortall, Seconded by Cllr. J. Cody and resolved:-

That a vote of sympathy be extended to the Presentation Sisters, Castlecomer on the death of Sr. M. Oliver.

Proposed by Cllr. M.H. Cavanagh, Seconded by Cllr. J. Brennan and resolved:-

That a vote of sympathy be extended to Mr. & Mrs. J. Campion & Family, Tubrid on the death of Mrs. Campion.

Votes of sympathy was also extended to the following:-

The O’ Connor Family, Rathnure, Glenmore, Co. Kilkenny on the death of Pat O’ Connor.
Jimmy Dermody, Knockmoylan, Mullinavat, Co. Kilkenny on the death of his sister Mary Dermody.
Mary Phelan, Tinneranny, Rosbercon, Via New Ross, on the death of her father John V. Kelly.
Mrs. Ann Doherty & Family, Listerlin, Tullogher, Mullinavat,

Co. Kilkenny on the death of Tom Doherty.

Mikey Deady, Ballinlough, Carrigeen, Via Waterford on the death of his brother Johnny Deady.
Mrs. Breda Murphy, Crutt, Clogh, Castlecomer, Co. Kilkenny on the death of her mother Maura Kelly.
Paddy Purcell, Chapel Lane, Moneenroe, Casltecomer, Co. Kilkenny on the death of his wife Elizabeth Purcell.
Paddy Corr, c/o Drakelands Nursing Home, Kilcreene, Kilkenny on the death of his wife Bridie Corr.
Mrs. M. Brett, 69 Newpark, Kilkenny on the death of her sister Anne Battel.
Jim Murphy, Gowran, Co. Kilkenny on the death of his mother Mrs. Murphy.
Johnny Ryan, Dunbell, Maddoxtown, Co. Kilkenny on the death of his brother William Ryan.

Votes of Congratulations:-

Congratulations was extended to Cllr. M. Doran on his election as Chairperson of the VEC.

Congratulations was extended to Shamrocks GAA Club on winning the County U.21 (A) Hurling Final.

Congratulations was extended to James Stephens Hurling Club on winning the Leinster Club Senior Hurling Championship.

Congratulations was extended to Galmoy Hurling Club on winning the Leinster Club Junior Hurling Championship.

Congratulations was extended to Suir Engineering, Mooncoin on winning the

InterFirms All Ireland Hurling Title.

Congratulations was extended to Conahy Shamrocks GAA Club on winning the U.21(B)Hurling Championship.

1.Confirmation of Minutes:

(a)Minutes of Ordinary Meeting of KilkennyCounty Council held on 15th November, 2004.

Proposed by Cllr. B. Aylward, seconded by Cllr. T. Maher

and resolved:-

“That the minutes of the Ordinary Meeting of Kilkenny County Council held on Monday, 15th November, 2004, copy of which had been circulated to each member with the agenda be and are hereby adopted”.

(b)Minutes of Kilkenny Electoral Area Meeting held on 8th November, 2004.

Proposed by Cllr. B.Aylward, seconded by Cllr. T. Maher and resolved: - “That the minutes of the Kilkenny Electoral Area Meeting held on 8thNovember, 2004, copy of which had been circulated to each member with the agenda be and are hereby adopted”.

(c)Minutes of Thomastown Electoral Area Committee Meeting held on 9th November, 2004.

Proposed by Cllr. B. Aylward, seconded by Cllr. T. Maher and resolved:- “That the minutes of Thomastown Electoral Area Committee held on 9thNovember, 2004, copy of which had been circulated to each member with the agenda be and are hereby adopted”.

(d)Minutes of Ballyragget Electoral Area Meeting held on 15th November, 2004.

Proposed by Cllr. B. Aylward, seconded by Cllr. T. Maher and resolved:- “That the minutes of Ballyragget Electoral Area Meeting held on 15th November, 2004, copy of which had been circulated with the agenda be and are hereby adopted”.

(e)Minutes of Strategic Policy Committee No. 4 Housing Policy & Social held on 19th November, 2004

Proposed by Cllr. B. Aylward, seconded by Cllr. T. Maher and resolved:- “That the minutes of Strategic Policy Committee No. 4 held on 19th November, 2004, copy of which had been circulated with the agenda be and are hereby adopted”.

(f)Minutes of Strategic Policy Committee No.3 – Environmental Policy, Fire Services, and Emergency Planning held on 24th November, 2004.

Proposed by Cllr. B. Aylward, seconded by Cllr. T. Maher and resolved:- “That the minutes of Strategic Policy Committee No. 3 held on 24th November, 2004, copy of which had been circulated with the agenda be and are hereby adopted”

(g)Minutes of Strategic Policy Committee No. 1 Forward Planning & Development held on 25th November, 2004.

Proposed by Cllr. B. Aylward, seconded by Cllr. T. Maher and resolved:- “That the minutes of Strategic Policy Committee No.1 held on 25th November, 2004, copy of which had been circulated with the agenda be and are hereby adopted”.

(h)Minutes of Strategic Policy Committee No.2 Infrastructure, Transportation, Water Services & Other held on 25th November, 2004.

Proposed by Cllr. B. Aylward, seconded by Cllr. T. Maher and resolved:- “That the minutes of Strategic Policy Committee no. 2 held on 25th November, 2004, copy of which had been circulated with the agenda be and are hereby adopted”.

(i)Minutes of Strategic Policy Committee No.5 – Community & Enterprise including Arts, Culture, Heritage, Tourism & Education on29th November, 2004.

Proposed by Cllr. B. Aylward, seconded by Cllr. T. Maher and resolved:- “That the minutes of Strategic Policy Committee No. 5 held on 29th November, 2004, copy of which had been circulated with the agenda be and are hereby adopted”.

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

(a)Appointment of Member to Carlow Kilkenny Energy Agency

Proposed by Cllr. C. Connery, Seconded by Cllr. W. Ireland and resolved:-

“That Cllr. Pat O’ Neill be appointed as member of the Carlow Kilkenny Energy Agency”.

(b)Housing and Other Disposal.

Housing.

Proposed by Cllr. A. Phelan, seconded by Cllr. M. Brett and resolved:-

(i) / “That Kilkenny County Council hereby approves of the disposal of its interest in house at no. 29 Brandon Crescent, Graiguenamanagh, Co. Kilkenny to Michael and Claire Fenlon under the terms of the Affordable Housing Scheme”
(Notification issued to members on 9th December, 2004)
(ii) / “That Kilkenny County Council hereby approves of the disposal of its interest in house at No.28 Brandon Crescent, Graiguenamanagh, Co. Kilkenny to Brendan & Ann Savage under the terms of the Affordable Housing Scheme”
(Notification issued to members on 9th December, 2004)
(iii) / “That Kilkenny County Council hereby approves of the disposal of its interest in house at No.26 Brandon Crescent, Graiguenamanagh, Co. Kilkenny to Audrey Foley & James Phelan under the terms of the Affordable Housing Scheme”
(Notification issued to members on 9th December, 2004)
(iv) / “That Kilkenny County Council hereby approves of the disposal of its interest in house at No.27 Brandon Crescent, Graiguenamanagh, Co. Kilkenny to Declan Reddy & Amanda Walsh under the terms of the Affordable Housing Scheme”
(Notification issued to members on 9th December, 2004)
(v) / “That Kilkenny County Council hereby approves of the disposal of its interest in house at 16 Old Callan Road, Kilkenny to Jim & Terrina Burke in accordance with the terms of the Shared Ownership Scheme”.
(Notification issued to members on 9th December, 2004)
(vi) / “That Kilkenny County Council hereby approves of the disposal of its interest in house at 5 Bellfield, Ferrybank, Via Waterford to Stephanie Coughlan in accordance with the terms of the Shared Ownership Scheme”.
(Notification issued to members on 9th December, 2004)
(vii) / “That Kilkenny County Council hereby approves of the disposal of its interest in house at 71 Rosewood, Johnswell Road, Kilkenny to Andrea Woodgate in accordance with the terms of the Shared Ownership Scheme”.
(Notification issued to members on 9th December, 2004)
(viii) / “That Kilkenny County Council hereby approves of the disposal of its interest in house at 33A Chatsworth, Clogh, Co. Kilkenny to Michael & Sheila Kelly in accordance with the terms of the Shared Ownership Scheme”.
(Notification issued to members on 9th December, 2004)
(ix) / “That Kilkenny County Council hereby approves of the disposal of its interest in house at 26 Oaklawns, Paulstown, Co. Kilkenny to Mark & Gemma McGuigan in accordance with the terms of the Shared Ownership Scheme”.
(Notification issued to members on 9th December, 2004)
(x) / “That Kilkenny County Council hereby approves of the disposal of its interest in house at 14 Ban Ard, Abbeylands, Ferrybank, Via Waterford, Co. Kilkenny to Brian Clarke & Colette O’ Hanlon in accordance with the terms of the Shared Ownership Scheme”.
(Notification issued to members on 9th December, 2004)
(xi) / “That Kilkenny County Council hereby approves of the disposal of its interest in house at 22 MooncoinHeights, Mooncoin,
Co. Kilkenny to Philip & Karen Harland in accordance with the terms of the Shared Ownership Scheme”.
(Notification issued to members on 9th December, 2004)

(c)Other

Proposed by Cllr. T. Maher, Seconded by Cllr. M. Lanigan and resolved:-

(i) / Kilkenny County Council hereby approves of the Sale of Council
Yard including offices at Callan, Co. Kilkenny to CEART. The sale
price of this land is €100,000. (In accordance with notice issued to
Councillors on 8th December, 2004).
(ii) / Kilkenny County Council hereby approves the exchange and acquisition of landswith Noel O’ Brien and also the disposal of a piece of land consisting of one tenth of an acre to Califa Ltd, at Hebron Road, Kilkenny.
(In accordance with notice issued to Councillors on the 8th December, 2004).
(iii) / “That Kilkenny County Council hereby approves of the disposal
of its interest in lands at Butlerswood, Killamery, Co. Kilkenny
to Micheal Maloney, 58A The Paddock, Kells Road, Kilkenny in
the sum of €45,000, in accordance with Section 183 of the
Local Government Act, 2001”.
(Notification issued on the 16th November, 2004)

This item was deferred to the January Meeting

(iv) / “That Kilkenny County Council hereby approves of the disposal
of 0.0346 acres of land which it owns at Waterford Road,
Kilkenny to Dr. Dereck Cashin, The Clinic, Waterford Road,
Kilkenny for the sum of €1,000 and subject to the following
condition;
That the purchaser be responsible for all the Council’s legal costs”.
(Notice issued to members on the 9th December, 2004)

(d)Notification under Planning & Development Act, 2000.

Material Contravention of KilkennyCounty Development Plan 2002

Ref. No. in register: P.03/1862

Applicant: Denis Kelly, C/o Larkin Associates, Main Street, Bennettsbridge, Co. Kilkenny – to construct eight number houses on lands at Cloghabrody, Thomastown, Co. Kilkenny.

Proposed by Cllr. M. Doran, Seconded by Cllr. T. Brennan and unanimously resolved:-

“That in accordance with Section 34(6) of the Planning & Development Act 2000 that Kilkenny County Council hereby approve that a decision to grant permission be made for the construction of eight numbers houses on lands at Cloghabrody, Thomastown,

Co. Kilkenny”.

Voting for :- Cllrs. M.H. Cavanagh,C. Connery, J. Brennan,

P. Dunphy, C. Long, M. Lanigan, P. Cuddihy, A. Phelan,

D. Doyle, M. Doran,M. Noonan, W. Ireland, T. Brennan,

P. Millea, D. Dowling, M. Shortall, P. Fitzpatrick, J. Coonan,

J. Cody, M. O’Brien,C. Phelan-Holden, B. Aylward,

T. Breathnach, P. O’Neill, M. Brett, T. Maher.

Voting against:- Nil

(e)Corporate Affairs

(i)Allocation of Section 6 Grants

Proposed by Cllr. B. Aylward, Seconded by Cllr. W. Ireland and resolved:-

“That Kilkenny County Council approves of the payment of Section 6 Grants under Local Government Act 1991 in accordance with the list circulated to the members”

(ii) Adoption of Kilkenny Local Authorities Corporate Plan 2004-2009

Cllr. T. Maher stated that members did not have adequate time to read the document. Following a general discussion it was agreed that the Corporate Plan would be adopted in principle but would be reviewed at the January Meeting of the Council.

(f)Planning

(i)Proposed Additions and Deletions to the Record of Protected Structures

Proposed by Cllr. J. Cody, Seconded by Cllr. D. Doyle and resolved:-

“That the Members of Kilkenny County Council, having considered the County Manager’s Report and recommendations dated December 2004, resolve under Section 55 of the Planning and Development Act, 2000, to make 9 no. new additions to the Record of Protected Structures (RPS) for County Kilkenny as set out in Table 1 below and to delete 5 no. items currently listed in the RPS as set out in Table 2 below.

TABLE 1
PROPOSED ADDITIONS
Ref / Location of Proposed
Protected Structure / Summary Description of Proposed Protected Structure
C516 / Tullaherin, Dungarvan, Gowran, Co. Kilkenny / Large barn/stables with classical detailing. Open to North with cast-iron colonnade. South façade has six blind niches and ashlar quoins
C536 / The Square, Ballyragget, Co. Kilkenny / Commercial property with symmetrical shopfront, gilt lettering “The Medical Hall”
C537 / The Square, Ballyragget, Co. Kilkenny / 6 bay, 2 storey terraced house with shopfront
C539 / The Square, Ballyragget, Co. Kilkenny / 4 bay, 2 storey mid-terraced structure with round-headed doorway, carriage-arch and shopfront
C540 / Bridge Street, Ballyragget, Co. Kilkenny / 4 bay, 2 storey over basement structure with round-headed doorway and railings to the street
C541 / Castle Street, Ballyragget, Co. Kilkenny / 4 bay, 3 storey structure with round-headed doorway with limestone columns and railings to the street
C542 / Bank of Ireland, Main Street, Urlingford, Co. Kilkenny / 5 bay, 2 storey bank building, rendered with parapet, arched windows to ground floor and railings to the street.
C543 / AIB, Main Street, Urlingford,
Co. Kilkenny / 5 bay, 2 storey bank building, red bricked with limestone dressings. Tri-partite windows at ground level. Pediment to central window at first floor
C544 / Main Street, Ballyhale, Co. Kilkenny / 3 bay, single storey structure with hipped roof and enclosed porch
TABLE 2
PROPOSED DELETIONS
Ref / Location of Protected Structure / Description in the Record of Protected Structures
C166 / Northside of the Square
(currently Barrons Foodmarket) / 2 low houses, well painted “Coady” with marbelised lettering
C171 / On the east bank
(This terrace is in two ownerships) / Terrace of single storey cottages
C172 / High Street-This item referred to 16 individual properties, now in 14 separate ownerships / Main Street from the top of the hill
C173 / Northside of High Street / Three bay two storey house with an elliptical window on the first floor
C174 / Northside of Main Street
(this item is in two ownerships / Next 2 two-storey houses, one with a sprocketed roof

Contributions by Cllr. B. Aylward.

P. O’ Neill, Director of Services undertook to write to Cllr. Aylward in relation to a property at Knocktopher.

(ii)Fix date for Local Area Plan briefing in committee for Goresbridge, Freshford and Kells Local Area Plans

It was agreed that these matters would be discussed at the relevant area meetings.

It was agreed that Windfarms and Masts would be added to the Agenda for the Planning Workshops to be held on Rural Housing Policy at Butler House on 31st January, 2005.

Contributions by Cllrs. M. O’ Brien, M. Shortall, T. Maher, M. H. Cavanagh, P. Millea.

(g)Community & Enterprise

Proposed by Cllr. M. O’ Brien, Seconded by Cllr. P. O’ Neill and resolved:-

“That we the members of Kilkenny County Council hereby request and authorise the South East Regional Authority to act as agent for and on behalf of this Council, that is to say, to do all things that are necessary and expedient for the purposes of designing and constructing a Broadband Metropolitan Telecommunications Network in the town of Thomastown and all matters ancillary thereto”.

T. Walsh, Director of Service informed the members that towns are selected for Broadband on the basis of population. Castlecomer is slightly under the population threshold but it was recommended that an application should be made by them.

(h)Finance

Proposed by Cllr. T. Maher, Seconded by Cllr. P. O’ Neill and resolved:-

“Kilkenny County Council approve either the CountyManager or Head of Finance to enter into leasing agreements, as set out in the relevant Banks Leasing Agreement form, upon the signature of the CountyManager or Head of Finance”.

(i)Sanitary Services

Takeover of Ahenure Group Water Scheme.

Proposed by Cllr. T. Maher, Seconded by Cllr. D. Doyle and resolved:-

“The Council take in charge the Ahenure Group Water Scheme subject to the normal conditions”.

(j) Notification under Part VIII Planning & Development Act 2000

Notice of proposed Development by a Local Authority in accordance with Section 179(3) of the Planning & Development Act, 2000 – Construction of Depot and Storage Facility, at Cloghabrody, Thomastown,

Co. Kilkenny.

Proposed by Cllr. M. O’ Brien, Seconded by Cllr. D. Doyle and resolved:-

“That Kilkenny County Council proceed with the proposed development in accordance with the plans made available for public inspection and the submissions/observations received as per report circulated”.

3.Urgent Correspondence.

Proposed by Cllr. M. Lanigan, Seconded by Cllr. M. Brett and resolved:-

“That a comprehensive report be prepared on extra charges being imposed under the Development Contributions Scheme for the January Meeting of the Council”.

Cllr. Cora Long requested that the following Notice of Motion be placed on the Agenda for the January Meeting of the Council:-

“That the Council write to the Minister for Health – Mary Harney T.D., to ask her to review the cleaning of hospitals who have Contract Cleaners and that the new Health Agency redeploy these people under the new agency. Whereas Matrons and Sisters down the line be accountable for each Ward or Unit where applicable, as this might minimise the chances of spreading the M.R.S.A. bug”.

Contributions by Cllrs. J. Coonan, M. O’ Brien.

4.Business Adjourned from a Previous Meeting.

None.

5.Fix Dates and Times of Meetings:

Schedule of meetings from January, 2005 to March, 2005 agreed.

6.Consideration on Reports and Recommendation of Committees of the Council.

(a)Report of Kilkenny Electoral Area Meeting held on 8th November, 2004

Cllr. J. Coonan stated that the following matters were discussed at the meeting:-

(i)Riverside Walks – Kilkenny Area

(ii)Election of Cllr. J. Coonan as chairman of the Kilkenny Electoral Area Committee for 2005

(b)Report ofThomastown Electoral Area Meeting held on 9th November, 2004,

Cllr. P. O’ Neill outlined the items discussed as follows:-

Thomastown Traffic Plan

Public lighting

Recent flooding

Pedestrian Crossings in Gowran and Paulstown

(c)Report of the Ballyragget Electoral Area Meeting held on 15th November, 2004.

It was agreed that the report was taken as read.

(d)Report of Strategic Policy Committee No. 4 – Housing Policy & Social held on 19th November, 2004

Cllr. B. Aylward stated that the following items were discussed: -

Disabled Persons Grant Scheme