Minutes of the Ordinary Meeting of Kilkenny County Council Joint Meeting of Kilkenny County

Minutes of the Ordinary Meeting of Kilkenny County Council Joint Meeting of Kilkenny County Council and Kilkenny Borough Council held on Monday, 21st November, 2005 at 3.00 p.m. in the Council Chamber, County Hall, John Street, Kilkenny.

Cathaoirleach:Cllr. M. Shortall

Also Present:Cllrs. J. Brennan, P. Dunphy, M. Lanigan, P. Cuddihy, A. Phelan, D. Doyle, M. Doran, T. Brennan,

C. Connery, P. Millea, D. Dowling, P. Fitzpatrick,

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

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

J. Coonan, M. Noonan, C. Long.

Borough Councillors: Cllrs. B. Manning, S. O’ Haragain, J. Reidy,

A. McGuinness.

Apologies:Cllrs. M.H. Cavanagh, M. O’ Brien and W. Ireland.

In Attendance:M. Malone, CountyManager, T. Walsh, T. Gunning,

P. O’ Neill, J. McCormack, Directors of Services,

J. Dempsey, Head of Finance, A.M. Walsh,

M. Brennan, Senior Executive Officers, D. Malone, Senior Executive Planner, P. Foley, Senior Executive Engineer, S. Kavanagh, C. McCarthy, Senior Executive Engineers and A. Waldron, Meetings Administrator.

At the outset of the meeting the Cathaoirleach offered his good wishes on behalf of the elected members and staff of Kilkenny County Council to

Cllr. Billy Ireland who is indisposed.

Votes of Sympathy

A vote of sympathy was extended to the following:-

Fintan Murphy, Maddoxtown, Kilkenny on the death of Joe Murphy.
Kevin Mahon, Archersgrove, Kilkenny on the death of Ned Mahon.
Patrick & Pearl Aylward and Family, Ballynooney, Mullinavat, Co. Kilkenny on the death of your daughter Grace Aylward.
Ned Fitzpatrick, Knockmoylan, Mullinavat, Co. Kilkenny on the death of Dick Ryan.
Ms. Knox, Main Street, Mullinavat, Co. Kilkenny on the death of Statia Brogan.
Jeff Brennan, Clara, Co. Kilkenny on the death of his father Billy Brennan.
The Dowling Family, 66 Patrick Street, Kilkenny on the death of Ramie Dowling.
Mrs. Brennan, Tullaroan Road, Kilkenny on the death of her husband Billy Brennan.
Mrs. O’ Mahony, Bishops Hill, Kilkenny on the death of her husband Dan O’ Mahony.
Mrs. O’ Connor, Cloneen, Castlecomer, Co. Kilkenny on the death of her husband John O’ Connor.
Mrs. Dowling, Coon East, Castlecomer, Co. Kilkenny on the death of her husband Patrick Dowling.
The Spencer Family, Silversprings, Mooncoin, Co. Kilkenny on the death of Ger Spencer.
Richard Walsh, Smithstown, Mullinavat, Co. Kilkenny on the death of Pat Walsh.
Christy Knox, Main Street, Mullinavat, Co. Kilkenny on the death of his aunt Statia Brogan.
Michael Knox, Buckstown, Mullinavat, Co. Kilkenny on the death of his aunt Statia Brogan.

Confirmation of Minutes – Dearbhú Miontuairiscí

(a)Minutes of Ordinary Meeting of KilkennyCounty Council held on 17th October, 2005.

Proposed by Cllr. P. O’ Neill, Seconded by Cllr. J. Cody and resolved:-

“That the minutes of the Ordinary Meeting of Kilkenny County Council held on Monday 17th October, 2005 copy of which had been circulated to each member with the agenda be and are hereby adopted”.

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

Proposed by Cllr. P. O’ Neill, Seconded by Cllr. J. Cody and resolved:-

“That the minutes of the SPC 5 Meeting held on 3rd November, 2005 copy of which had been circulated to each member with the agenda be and are hereby adopted”.

(c)Minutes of Thomastown Electoral Area Meeting held on 9th November, 2005.

Proposed by Cllr. P. O’ Neill, Seconded by Cllr. J. Cody and resolved:- “That the minutes of Thomastown Electoral Area Meeting held on 9th November, 2005 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 10th November, 2005.

Proposed by Cllr. P. O’ Neill, Seconded by Cllr. J. Cody and resolved:- “That the minutes of Piltown Electoral Area held on 10th November, 2005 copy of which had been circulated to each member with the agenda be and are hereby adopted”.

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

Proposed by Cllr. P. O’ Neill, Seconded by Cllr. J. Cody and resolved:- “That the minutes of SPC 3 Meeting held on 16th November, 2005, copy of which had been circulated to each member with the agenda be and are hereby adopted”.

Proposed by Cllr. C. Connery, Seconded by Cllr. M. Noonan and resolved:-

“That Kilkenny County Council welcomes “The review of the Waste Management Plan and recommends:-

That a 3 bin system be implemented sooner then 2008 if circumstances permit.
That Kilkenny County Council expedites the provision by the private sector of a mobile construction and demolition screening unit for the County”.

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

Housing – Tithíocht

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

(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

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

(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”.

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

(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”.

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

The Cathaoirleach drew to the attention of the meeting that as this is a Material Contravention of the Kilkenny City & Environs Development Plan 2002, there is a statutory requirement that 19 members vote in favour of same. It was agreed unanimously by all councillors present that this Material Contravention should proceed.

It was Proposed by Cllr. P. Cuddihy, Seconded by Cllr. P. Fitzpatrick and resolved:-

“In accordance with section 34(6) of the Planning and Development Act, 2000 that Kilkenny County Council hereby approve that a decision to grant Permission be made for a material change of use of units from existing light industrial/warehouse building (Planning Permission Ref. No. 99-1207) to compromise 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 and 2 no. atrium roof lights.5) Provision of additional new parking spaces & all associated site works at Leggettsrath West & Middleknock, Dublin Road, Kilkenny”.

Voting in favour of the Material Contravention

For:-Cllrs. J. Brennan, P. Dunphy, M. Lanigan, P. Cuddihy, A. Phelan, D. Doyle, M. Doran, T. Brennan, C. Connery, P. Millea, D. Dowling, P. Fitzpatrick,

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

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

M. Noonan, C. Long, M. Shortall. (22)

Against:None

Absent:At the time of vote Cllr. J. Coonan was absent from the Chamber.

(d)Community & Enterprise – Pobal and Fiontar

Recreation Capital Fund- This item was deferred to the December Meeting.

(e)Planning – Pleanáil

Kilkenny CountyDevelopment Plan 2002 Variation No. 7 Managers Report ‘Car Parking Standards for Various Land Uses’

Proposed by Cllr. P. O’ Neill, Seconded by Cllr. J. Cody 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 – 2002,

having published notice of Proposed Variation to the Kilkenny County Development Plan entitled “Variation No. 7 ‘Car Parking Standards for Various Land Uses’ in accordance with Section 13(3) of the Planning & Development Act 2000,

having complied with the provisions of Section 13(2) of the Planning & Development Act 2000,

hereby makes under Section 13(6) of the Planning & Development Act 2000 the Variation to the Kilkenny County Development Plan 2002 entitled ‘Variation No. 7 Car Parking Standards for Various Land Uses’ in accordance with Section 13(3) of the Planning & Development Act 2000 without modifications agreed at the meeting -of Kilkenny County Council held on 21st November, 2005”.

Proposed by Cllr. P. O’ Neill, Seconded by Cllr. J. Cody and resolved:-

KilkennyCity and Environs Development Plan 2002 Variation No. 7 Managers Report

“That Kilkenny County Council being the Planning Authority for its functional area and in accordance with the provisions of the Planning & Development Acts 2000 – 2002, having published notice of Proposed Variation to the Kilkenny City and Environs Development Plan entitled “Variation No. 7 ‘Car Parking Standards for Various Land Uses’ in accordance with Section 13(3) of the Planning & Development Act 2000,having complied with the provisions of Section 13(2) of the Planning & Development Act 2000, hereby makes under Section 13(6) of the Planning & Development Act 2000 the Variation to the Kilkenny County Development Plan 2002 entitled ‘Variation No. 7 Car Parking Standards for Various Land Uses’ in accordance with Section 13(3) of the Planning & Development Act 2000 without modifications agreed at the meeting of Kilkenny County Council held on 21st November, 2005”.

(f)Roads – Bóithre

Kilkenny Western Environs – Road Infrastructure – Part VIII of Planning and Development Act 2000.

Proposed by Cllr. T. Maher, Seconded by Cllr. A. Phelan and resolved:-

“That Kilkenny Western Environs – Road Infrastructure – Part VIII of Planning & Development Act 2000 is hereby approved”.

Contributions Cllrs. – T. Maher, M. Brett and M. Noonan.

In response to queries raised Mr. Tom Gunning, Director of Services concurred with members in the hope that the above resolutions brings in place the mechanism to improve the roads around Tennypark.

(g)Finance – Airgeadas

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

(i)“That, subject to the sanction of the Minister for the

Environment andLocal 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 andLocal 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 - KilkennyCounty Council with Kilkenny Borough Council

With regard to this item Mr. Tom Gunning informed the members that under the above legislation Kilkenny County Council would take over the sanitary functions currently carried out by Kilkenny Borough Council. He requested that the status quo be maintained and that Kilkenny Borough Council retain their sanitary functions until the Kilkenny City Water and Sewerage Scheme is upgraded.

It was Proposed by Cllr. J. Cody, Seconded by Cllr. M. Brett and resolved: - “That Kilkenny County Council and Kilkenny Borough Council maintain their status as separate sanitary authorities for the year 2006”.

(3) Urgent Correspondence – Comhfhreagas Práinneach

None

(4)Business adjourned from a previous meeting – Gnó ar athló ó chrinniúRoimhe seo.

None

(5) Fix Dates and Times of Meetings – Dátaí agus Amanta do chruinnithe a shocru

Schedule of meetings from November 2005 to January 2006 agreed with the following additions and amendments.

Briefing session for members regarding the Budget for Kilkenny County Council for 2006 to take place on Monday 12th December, 2006 at 10.00 a.m.

It was agreed that if a further briefing session needed to take place that a date of Friday 16th December at 2.00 p.m. would be fixed as this follow up session.

It was agreed that the Statutory Estimates Meeting would take place at 2.00 p.m. on Monday 19th December before the regular Council Meeting. The Cathaoirleach reminded members that he had signalled during his address at the annual meeting that it was his intention to have one of the Council monthly meetings in Castlecomer. It was agreed that the estimates and subsequent monthly meeting for December would take place in the Library on Kilkenny Street, Castlecomer. The Cathaoirleach informed members present that the Annual Christmas Dinner would take place in the Lime Tree, Castlecomer after the monthly meeting. He informed members that parking was being made available by the parish of Castlecomer in the grounds of the church in Castlecomer.

(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 Arts, Culture, Heritage, Tourism & Education meeting held on 3rd November, 2005

Report presented by Cllr. A. Phelan:-

Items considered:-

Recommendation that a provision be made in the forthcoming budget for the development of the JamesHobanCommerativePark.
Presentation by Miriam Cleary, Recreation and Sports Partnership Co-ordinator on Kilkenny Recreation and Sports Partnership Strategic Plan 2006/2009.
Presentation by Tony Walsh on the Draft Recreational Policy
Tony Walsh informed the committee that the application for funding for the Arts Programme for 2006 has been prepared and would be presented to the Arts Council in Dublin on the 4th November, 2006.
Report on Pride of Place
Swimming Pool update

(b)Report on Thomastown Electoral Area Meeting held on 9th November, 2005

Report presented by Cllr. P. O’ Neill:-

Issues considered:-

Congratulations to the Thomastown Junior Hurling Team
Vote of sympathy to Jeff Brennan, Clara on the death of this father Billy.
Speed limit review
Request for parking bye laws Inistioge.

Report presented by Cllr. D.Dowling:-

Issues considered:-

South Kilkenny Community Development Initiative. Presentation made by Fergus Horgan Community Development Officer.
Nominations to South Kilkenny Regional Board. It was agreed that Cllrs. Catherine Phelan Holden and Cllr. Cora Long be nominated onto the board for the coming year.
Pill river drainage study – Update report
Road Safety. On behalf of the area committee Cllr. Dowling expressed his disappointment at the non attendance of members of An Garda Siochana at the meeting. He informed the Council that he had requested the area secretary to request that there be an attendance from An Garda Siochana at the next meeting.

(d)Report on SPC 3 – Environmental Policy including Sanitary Services, Fire Services, Emergency Planning held on 16th November, 2005.

Report presented by Cllr. C. Connery.

Issues considered:-

Kilkenny Fire Station tender documentation forwarded to the Department of Environment, Heritage and Local Government for final approval.
The DOEHLG has approved a new Fire Engine. Delivery expected in 2006.
Castlecomer Fire Station – in the process of appointing a design team to design the new station.
New hydraulic platform under construction for KilkennyCity.
Four more chemical suits are to be purchased with approval from DOEHLG
It is expected that Kilkenny Fire Station will go live in Spring next year for new nationwide Computer aid and mobilisation project (CAMP)
DOEHLG in the process of establishing a new set of procedures for the handling of major emergencies.
Pat Foley Senior Engineer gave a presentation on the Regional Waste Management Plan Review.
Meeting to take place with private refuse collectors to discuss the collection of domestic refuge and recyclables in Kilkenny Area.
Agreement that Kilkenny County Council should write to the Minister for the Environment to put in place a waiver scheme for refuse collection charges. Also recommendation that the Department implement the finding of the report from the competition authority on the refuse collection service. Also that the Department should provide more funding of the meaningful implementation of the Regional Waste Management Plan.
Agreement to make a submission on the Regional Waste Plan to the lead authority South Tipperary County Council.
Presentation made on WoodstockGardensby Claire Murphy, Landscape Architect.
Temporary signage – Deferred to next meeting.

Contributions: Cllrs. P. Millea, J. Brennan, M. Doran, B. Aylward, P. Dunphy, T. Breathnach and D. Doyle.

In response to queries raised Philip O’ Neill, Director of Services outlined the measures being taken locally, regionally and nationally in relation to illegal burning.

(e)Other Business set for the Notice convening the Meeting –

Gnó Eile romhainn i bhFógra reachtála an Chruinnithe

None

(f)Conferences – Comhdhálacha

Proposed by Cllr. M. Brett, Seconded by Cllr. B. Aylward and agreed.

(g)Matters Arising from Minutes – Gnótha ag èirí as Miontuairiscí

None

(h)Any Other Business – Aon Ghnó Eile

It was Proposed by Cllr. B. Aylward, Seconded by Cllr. D. Dowling and resolved:-

“That a meeting take place between the Directors of Services for Housing, and any other relevant officials with a deputation from Glenmore locals in the Newrath Office to discuss the issue of travellers camped in an illegal site in Glenmore”.

Responding to members Tony Walsh, Director of Services informed the meeting that he did not wish to prejudice any legal route that the Council may be undertaking regarding this matter. However, he would speak to the Director of Housing regarding this issue.