Minutes of Ordinary Meeting of KilkennyCounty Council held on Monday 20th of July, 2009 at 3.00p.m. in the Council Chamber, County Hall, John Street, Kilkenny.

Cathaoirleach:Cllr. Michael O’ Brien.

Present:Cllrs. M.H. Cavanagh, M. Fitzpatrick, C. Connery, P. Crowley,

M. Shortall, J. Brennan, F. Doherty, S. Treacy, A.McGuinness,

P. O’ Neill, P. Dunphy, B. Ireland, T. Maher, C. Long, M .Doran, A.M. Irish, J. Coonan, M. Brett, E. Aylward, P. Millea,

B. Manning, M. Noonan, T. Breathnach, P. Cuddihy, A..Phelan.

Also Present:J. Crockett CountyManager, P. O’ Neill, T. Walsh Directors of Services, J. Dempsey Head of Finance, D. Malone &

M. Delahunty A/Directors of Services, K. Hanley and A.M. Walsh Senior Executive Officers, B. Mernagh Senior Engineer, D. McDonnell Management Accountant, T. Lauhoff Senior Executive Engineer, C. Reilly Executive Planner, C. Kelly Assistant Planner and A. Waldron Meetings Administrator.

Votes of Sympathy:-

A vote of sympathy was extended to the following:-

  • Aileen Brett, Kilmoganny, Co. Kilkenny on the death of her husband Patrick Brett.
  • Caitriona Ryan, Windgap, Co. Kilkenny on the death of her daughter Josie Cuddihy.
  • Mai Dormer, Chatsworth, Clogh, on the death of her brother Pat Hosey.
  • Eileen Maher, Chatsworth, Clogh on the death of her daughter Joan Maher.
  • Donie O’ Neill, Ballyragget Road, Castlecomer on the death of his wife Margaret o’ Neill.
  • Bernie Kirwan, Danesfort on the death of her husband Patrick Kirwan.
  • John Murphy, Rathmoyle on the death of his wife Margaret Murphy.
  • James Walsh & Family, Kilmury, Slieverue, Co. Kilkenny on the death of William Walsh.
  • Davy Alyward, Ballydaw, Kilmacow on the death of his mother Kathy Aylward.
  • John Crowley, Kilnaspic, Mooncoin, Co. Kilkenny on the death of his wife.
  • The Murphy Family, Forrestalstown, Glenmore on the death of John Murphy.
  • The Wallace Family, Ballyconey, Glenmore, Co. Kilkenny on the death of Mary Wallace.
  • The Walsh Family, Corbally, Templeorum, Piltown, Co. Kilkenny on the death of Kitty Walsh.
  • Jim Fitzgerald, Raheen, Templeorum, Piltown, Co. Kilkenny on the death of his sister Ann Kenny.
  • The O’Keeffe Family, Filbuckstown, Mooncoin, Co. Kilkenny on the death of Breda O’ Keeffe.
  • The Gilmartin Family, Baronswood, Mooncoin, Co. Kilkenny on the death of Ned Gilmartin.
  • Wattie Walsh & Family, Ballymountain, Carrigeen, Co. Kilkenn on the death of Statsia Walsh.
  • The Hearne Family, Comeragh View, Mooncoin, Co. Kilkenny on the death of Tom Hearne.

At the outset of the meeting the Cathaoirleach noted the following events which had taken place since the last ordinary meeting of Kilkenny County Council to which congratulations were being offered.

  • Congratulations were sent to Darren O’Neill from Paulstown who won the gold medal in the middleweight division at the EU Boxing Championships
  • Congratulations were sent to the Kilkenny Senior Hurling team who won their 6th successive Leinster Title.
  • Congratulations were also sent to the Minor, Under 21 and Intermediate Teams who won Leinster titles
  • Congratulations were sent to the following:

-those involved with “The Secret of Kells” which was created locally by the Cartoon Saloon who won the audience award at the Annecy Animation Festival, a prestigious festival for animated films held in France.

-KilkennyCityVocational Schoolon being awarded a Green Flag, one of the few Secondary Schools in the County to gain such an award. Clinstown and PiltownNationalSchools have also been recently awarded this prestigious award.

- Camphill Community Callan on receiving the Gerald Tyler Award, an award presented by An Taisce to projects and groups who have made a positive contribution to local heritage.

-Paddy’s Country Pub in Gowran on being awarded the “Best Original Country Pub” in the Licensing World Bar Awards

1.Confirmation of Minutes - Dearbhú Miontuairiscí:

(a)Minutes of Ordinary Meeting of Kilkenny County Council held on 18th of May, 2009:- Proposed by Cllr. P. Cuddihy, Seconded by Cllr. T. Maher and resolved: - “That the minutes of the Ordinary Meeting of Kilkenny County Council held on Monday 18th of May, 2009 copy of which had been circulated to each member with the agenda be and are hereby adopted”.

(b)Minutes of Annual Council Meeting held on 19th of June, 2009:- Proposed by Cllr. P. Cuddihy, Seconded by Cllr. T. Maher and resolved:- “That the minutes of the Annual Meeting held on 19th of June, 2009 copy of which had been circulated to each member with the agenda be and are hereby adopted”.

(c)Minutes of Piltown Electoral Area Meeting held on 15th May, 2009:- Proposed by Cllr. P. Cuddihy, Seconded by Cllr. T. Maher and resolved:- “That the minutes of the Piltown Electoral Area Meeting held on 15th May, 2009 copy of which had been circulated to each member with the agenda be and are hereby adopted”.

(d)Minutes of Callan Electoral Area Meeting held on 7th July, 2009 :- Proposed by Cllr. P. Cuddihy, Seconded by Cllr. T. Maher and resolved:- “That the minutes of the Callan Electoral Area Meeting held on 7th July, 2009 copy of which had been circulated to each member with the agenda be and are hereby adopted.

(e)Minutes of Piltown Electoral Area Meeting held on 9th July, 2009Proposed by Cllr. Cuddihy, Seconded by Cllr. T. Maher and resolved:- “That the minutes of the Piltown Electoral Area Meeting held on 9th July, 2009 copy of which had been circulated to each member with the agenda be and are hereby adopted”.

2.Business prescribed by Statute, Standing Orders or Resolutions of the Council. -Gnó forordaithe do réir Reachtaíochta, Orduithe Seasta, nó Rúin anChomhairle.

(a) Roads – Bóithre

(i)Extingushment of Public Right of Way under Section 73 of the Roads Act, 119– At the following location:- LT50151- Tullaroan, Co. Kilkenny -200m. Proposed by Cllr. B. Ireland, Seconded by Cllr. M. Doran and resolved: -“That Kilkenny County Council hereby approves of the proposal to publish Notice of Intention Tullaroan, Co. Kilkenny.

(ii)Taking in Charge of Estates – Section 11 of the Roads Act, 1993- 18 houses at Parkside, Newpark Upper, Kilkenny. Proposed by Cllr. M. Brett, Seconded by Cllr. M. Fitzpatrick and resolved:- “That the procedure required in accordance with Section 11 of the Roads Act, 1993 and in compliance with Section 180 of the Planning & Development Act 2000 be commenced in order to facilitate the taking in charge of the following estate:- 18 houses at Parkside, Newpark Upper, Kilkenny.

(iii)Draft Special Speed Limit Bye-Laws Proposed by Cllr. P. Cuddihy, Seconded by Cllr. J. Coonan and resolved:- “That the Draft Speed Limit Bye-Laws as circulated to members be placed on public display”.

Following a number of queries on this item, Mr. M. Delahunty A/Director of Services clarified to members that it was the amendments which had been outlined in the report that would be going on public display. He informed the meeting that the time period for public submissions was at least 30 days and that following this period the draft bye laws would revert back to the Council meeting. He advised that suggestions which were made at this meeting by the members could be submitted and taken into consideration. It was agreed that this item be placed on the agenda for the next area meetings.

Contributions Cllrs. M. H. Cavanagh, T. Maher, P. O’ Neill, M. Shortall, P. Millea, C. Connery, P. Dunphy, T. Breathnach, S. Treacy.

(iv)Flood Risk Management Report & Brief Presentation.

This presentation was made by Tony Lauhoff Senior Executive Engineer, Area Engineer for the Thomastown Electoral area and a member of the working group looking at flood risk management.

Mr. Lauhoff gave a brief presentation which outlined the background to the compilation of this report, referring in particular to the flooding instances which had taken place over the past few years. He outlined the proposed plans in respect of Thomastown, Graignamanagh and Callan.

Members contributing complimented Mr. Lauhoff for his presentation and made a number of suggestions which will be referred back to the steering committee. Following conclusion of the debate it was proposed by Cllr. A. Phelan, Seconded by Cllr. S. Treacy and resolved: - “That the flood risk management report as presented be endorsed and suggestions made as this meeting referred back to the steering committee for consideration”.

Contributions Cllrs. A. Phelan, S. Treacy, T. Maher, M. Noonan, P. Cuddihy.

At this juncture it was agreed that item 2(d) would be dealt with at this stage of the meeting.

d)Planning - Pleanáil

(i)Managers Report on Submissions to Proposed Amendments to the Draft Bennettsbridge Local Area Plan.

At this stage Cllr. Pat O’ Neill excused himself from the meeting.

A presentation was made by Caitriona Reilly Executive Planner who briefly outlined the report.

A discussion took place regarding submission PAB6. This related to the Proposed Variation which rezoned an area of land adjacent to the River Nore from Residential to Open Space on the grounds that it may form part of a flood plain and may be subject to flooding.

Following a debate on this matter the County Manager Joe Crockett agreed that if it was the case that a more detailed flood risk assessment was submitted which proved that the site is not at risk from flooding, the zoning could be subject to review. It was agreed that a statement would be put into the Manager’s Reportto this effect.

A request was made to include an objective in the LAP for the provision of a footpath from Kilree to Bennettsbridge. The Proposed Variations include this objective and it was not necessary to modify this.

A request was made to rezone the Council owned parcel at Woodlawn from residential to open space. Denis Malone, Senior Planner, informed the meeting that at this stage of the LAP process, as the zoning on the site did not form part of the Proposed Variations, it was not possible to change the zoning.

It was proposed by Cllr. B. Ireland, Seconded by Cllr. S. Treacy and resolved:- “ We the members of Kilkenny County Council having considered the proposal to make a Local Area Plan for Bennettsbridge under Section 18-20 of the Planning & Development Act 2000-2002, as amended, having considered the County Manager’s report of the 5th May, 2009 on the written submissions to the proposed plan, having considered that the proposal should be varied and modified in accordance with our decisions made at meeting of Kilkenny County Council held on 18th May, 2009 having published the proposed amendments on the 5th of June, 2009 having considered the Manager’s Report of the 13th July, 2009 on the submissions to the proposed amendments at the meting of Kilkenny County Council held on 20th July, 2009 do hereby make the Bennettsbridge Local Area Plan 2009-2015.(The Local Area Plan being the proposal published as the “proposed” plan as modified by resolution of the Council, 18th May, 2009 (and modified by any resolution dated 20th July, 2009)”.

Contributions Cllrs. B. Ireland, S. Treacy, T. Maher.

(i)Notification under Planning and Development Acts 2000-2007 Material Contravention of Kilkenny City & Environs Development Plan 2008-2014. Ref No. P.09/74.

Contributions were made on this item by Cllr. M. Doran, M. H. Cavanagh, M. Fitzpatrick and M. Noonan confirming that all party groupings support the proposed material contravention being put before the meeting today. In accordance with the statutory requirement a vote on same was taken by open roll call and resulted as follows:-

For:- Cllrs. M. O’ Brien, M.H. Cavanagh, M. Fitzpatrick, C. Connery, P. Crowley,

M. Shortall, J. Brennan, F. Doherty, S. Treacy, A..McGuinness,

P. O’ Neill, P. Dunphy, B. Ireland, T. Maher, C. Long, M .Doran, A..M. Irish, J. Coonan, M. Brett, E. Aylward, P. Millea, B. Manning, M. Noonan, T. Breathnach, P. Cuddihy, A..Phelan.

Against: None

As all 26 Councillors voted in favour of the proposed material contravention put before this meeting it satisfied the statutory requirement that at least 19 Councillors vote in favour of any proposed material contravention.

Accordingly the following resolution was made it was proposed by Cllr. M. Doran, seconded by Cllr. M. H. Cavanagh and resolved:- “In accordance with Section 34(6) of the Planning & Development Acts, 2000-2007 Kilkenny County Council hereby approve that a decision to grant Permission be made to amend Condition 06 of An Bord Pleanala decision (Ref. Number 10.206658), pursuant to Planning Application Reference 03/1739 issued by An Bord Pleanala. The amendment is sought to permit non-agricultural related events within the area defined as the “HUB” @ Cilin Hill, Leggetsrath East, Kilkenny”.

(b) Finances - Airgeadas

(i)Finance Update

Before commencing discussion on this item. Members commented on the extract from the report of the special group on public service numbers and expenditure programmes which had been circulated in advance of this meeting. This extract dealt with Environment, Heritage and Local Government. Members contributing unanimously rejected any proposals circulated in the media to amalgamate the counties of Carlow and Kilkenny. The CountyManager pointed out to members that there was no specific mention of what counties where to be amalgamated. The meeting discussed the recent resolution by Kilkenny Borough Council to extend the Kilkenny Borough Boundary. It was agreed that this issue be parked for the time being pending further clarity on the contents of the report and clarification as to what aspects of the report central government intend to implement.

It was proposed by Cllr. T. Breathnach, Seconded by Cllr. P. O’ Neill and resolved:- “That the party whips meet with a view to fixing a date for a special joint meeting of Kilkenny County Council and Borough Council’s to discuss Kilkenny Local Authorities response to the proposals contained in this report”.

It was also noted that the Minister for the Environment was intending on visiting Kilkenny sometime in October and that there would be a further special joint meeting of Kilkenny County Council and Borough Council’s with the Minister for the Environment at a date to be agreed during that month.

Contributions Cllrs. M. H. Cavanagh, P. O’ Neill, M. Noonan, T. Breathnach, P. Cuddihy, J. Coonan, P. Dunphy and C. Connery.

Following on from this discussion, the County Manager Joe Crockett outlined to members the report dated 13th July, 2009 which had been circulated to them. Amongst the main headings of the report were:-

  • The details of the adopted 2009 Budget
  • Current operational projections – operational budget which highlighted the main elements of the 1.6million income shortfall.
  • The higher then expected bad debt and rates strike off costs amounting to €400,000.
  • The current 2009 projections on development contributions which showed that given the severity of the down turn almost all development activity is stopped.
  • 2010 expectations
  • He also drew member’s attention to the attached schedule showing the 2009 budgeted expenditure reductions.

He informed the meeting that he would be reverting to them with a revised capital programme factoring in what money was expected from central government. He informed the meeting that priority within that infrastructural programme would have to be given to water services.

Proposed by Cllr. M. H. Cavanagh, Seconded by Cllr. M. Doran:- “That the members of Kilkenny County Council note the contents of this report”.

In response to a query raised the CountyManager confirmed that the charge on 2nd houses would be collected and advertised nationally. With regard to the recently published reports proposed cut in the Department of Environment funding nationally of €100million to local government, he informed the meeting that this represented an approximate decrease of 25%.

Contributions Cllrs. M. H. Cavanagh, M. Doran, T. Breathnach, P. Cuddihy.

(c) Corporate Affairs - Gnóthaí Corparáideacha

(i) Report regarding necessary bye laws to prohibit the consumption of alcohol in all public/amenity areas

A discussion took place regarding the advice received from Kilkenny County Council’s legal advisors. Following same it was agreed that this matter be referred to SPC 5 for drawing up of the necessary bye laws. It was agreed that the Council legal advisor would be invited to attend the next meeting of SPC 5 and that other members of the Council who wished to attend could also attend the SPC meeting for the purpose of this item.

Contributions: Cllrs. M. Shortall, M. Brett, T. Breathnach.

(ii) Pandemic Influenza- Business Continuity Planning – Overview.

The County Manager informed the meeting that Kilkenny County Council are taking steps for training of staff to cover the areas of water, waste water and fire service i.e. the most essential services in Kilkenny County Council. He confirmed that the flu virus now had full pandemic status but that the nature of the flu was at present relatively mild. In response to a query from Cllr. P. Crowley he confirmed that he was as yet unsure as to the timing of the widespread availability of the necessary vaccine.

(iii)Draft Strategic Policy Committee Scheme.

Proposed by Cllr. M. H. Cavanagh, Seconded by Cllr. M. Shortall and resolved:- “That the Draft Strategic Policy Committee Scheme which had been circulated in advance of this meeting for the period 2009-2014 be and is hereby approved”. The Cathaoirleach informed the meeting that on a trial basis of 6 months, the party whips were being invited to attend Corporate Policy Group meetings.

(iv)Appointment of 13 members to Kilkenny CountyJoint Policing Committee – Item deferred from the Annual Meeting

The meetings administrator confirmed that under the guidelines pertaining to membership of joint policing committees this number of members could be increased to 14 with the addition of the Cathaoirleach as an ex officio member of the committee. Accordingly it was proposed by Cllr. M. H. Cavanagh, seconded by Cllr. M. Doran: -“That the following members be Kilkenny County Council’s nominations to the Joint Policing Committee: - Cllrs. M. Shortall, C. Connery, M. Fitzpatrick, M. Doran, W. Ireland, T. Maher, P. O’ Neill, A. Phelan, M. O’ Brien, S. Treacy, C. Long, P. Dunphy, A.M. Irish, E. Aylward and F. Dohorty.

(v)Appointment of 4 representatives to the County Enterprise Board – Item deferred from the Annual Meeting

It was proposed by Cllr. M. H. Cavanagh, Seconded by Cllr. M. Doran that the following 4 members be nominated as Kilkenny County Council’s representatives to the County Enterprise Board. Cllrs. T. Maher, M. Brett, A. McGuinness and A. Phelan.

(vi)Appointment of Committee for the Restoration of Irish in the Public Service – Item deferred from the Annual Meeting. - It was agreed that this item would be again deferred.

(vii)Appointment of 2 members to the Audit Committee.

Proposed by Cllr. M. H. Cavanagh, Seconded by Cllr. M. Doran: “That Cllrs. C. Connery and E. Aylward be appointed to the audit committee.

(viii)Appointment of nomination onSouth East River Basin Management Committee. Proposed by Cllr. M. H. Cavanagh, Seconded by Cllr. A. Phelan: - “That Cllr. F. Doherty be nominated as Kilkenny County Council’s representative onto the South East River Basin Management committee.