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                                                       KILDARE COUNTY COUNCIL

                                                         Minutes of Monthly Meeting 
                                                held at 2.00 p.m. on Monday 22 October 2007
                                                            at Áras Chill Dara, Naas

 
Members present: Councillor M. Glennon (Mayor); Councillors P. Black, F. Browne,
K. Byrne,  G. Conway, M. Dalton, L. Doyle, S. Doyle, F Dukes, D. Fitzpatrick,
S. Griffin, R. Hendy, G. W. Hillis,  T. McEvoy, J. McGinley, P. MacNamara, M. Miley, M. Nolan, F. O’Loughlin, J. J. Power, K. Ridge and B. Weld.


Apologies : Councillors P. Kelly, W. Callaghan, G. McDonagh


Also Present:  Mr. M. Malone, County Manager, Messrs. J. Boland, J. Lahart,
P. Minnock, E. O’Sullivan, and D. Page (Directors of Services), A. Aspell (Meetings Administrator) and other officials.

_____________

1/1007
Vote of Sympathy
Resolved, on the proposal of the Mayor that the council extend sympathy to Dave O’Flaherty, Athy Area Engineer, on the death of his wife; to Charlie Talbot, Senior Executive Officer, on the death of his brother in law; to Michael Hughes, Courthouse Caretaker on the death of his brother.

 

2/1007
Confirmation of Minutes
The council considered the minutes of the monthly meeting held on 24 September, 2007.
Resolved on the proposal of Councillor Hillis, seconded by Councillor Hendy that the minutes be confirmed and taken as read.

The meetings administrator advised the members that minutes of special meeting held on 22 January 2007 had been approved at the June meeting but this had not been recorded at the time.  
Resolved on the proposal of Councillor Hendy, seconded by Councillor Hillis that the minutes of the special meeting held 22 January 2007 be confirmed and taken as read.

 
3/1007
Committee Minutes

The Council considered the committee minutes which had been circulated with the agenda.

Clane Area – 11th September 2007
Resolved on the proposal of Councillor L. Doyle, seconded by Councillor McEvoy, that the minutes be noted.

Celbridge Area – 15 June and 14 September 2007
Resolved on the proposal of Councillor Ridge, seconded by Councillor Byrne, that the minutes be noted.

Naas Area – 24 July 2007
Resolved on the proposal of Councillor Hillis, seconded by the Mayor, that the minutes be noted.

Kildare Area – 5 September 2007
Following clarification on item 08/09, it was
Resolved on the proposal of Councillor Dukes, seconded by Councillor S. Doyle, that the minutes be noted.

Leixlip Area – 20 July 2007
Resolved on the proposal of Councillor McGinley, seconded by Councillor Ridge, that the minutes be noted.

 

4/1007
Disposal of land

44 Rathstewart Crescent, Athy
The council considered statutory notice dated 11 October, 2007 which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of premises known as  44, Rathstewart Crescent, Athy to Michael Maher and Noelle Kelly in consideration of the current value of rented equity (up to date and in line with inflation) at the date of redemption of the shared ownership loan granted in respect of the premises and in accordance with its conditions.
Resolved on the proposal of Councillor Black, seconded by Councillor Hillis, pursuant to Section 183 of the Local Government Act, 2001, that the council consent to the disposal of the land in accordance with the terms set out in the statutory notice.

Apt. 9, An Crocan, Clane
The council considered statutory notice dated 11 October, 2007 which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of premises known as  Apt. 9, An Crocan, Clane  to Shirley Fitzgerald in consideration of the current value of rented equity (up to date and in line with inflation) at the date of redemption of the shared ownership loan granted in respect of the premises and in accordance with its conditions.
Resolved on the proposal of Councillor Black, seconded by Councillor Hillis, pursuant to Section 183 of the Local Government Act, 2001, that the council consent to the disposal of the land in accordance with the terms set out in the statutory notice.

 
9, Dooley’s Terrace, Athy
The council considered statutory notice dated 11 October, 2007 which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of premises known as No 9, Dooley’s Terrace, Athy  to Eilish Candy in consideration of the current value of rented equity (up to date and in line with inflation) at the date of redemption of the shared ownership loan granted in respect of the premises and in accordance with its conditions.
Resolved on the proposal of Councillor Black, seconded by Councillor Hillis, pursuant to Section 183 of the Local Government Act, 2001, that the council consent to the disposal of the land in accordance with the terms set out in the statutory notice.

Greenhills, Kill
The council considered statutory notice dated 27 August 2007 which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of 0.238 hectares of land at Greenhills, Kill to Joseph & Sheila O’Brien in consideration of payment of €12.70.
Resolved on the proposal of Councillor Black, seconded by Councillor Hillis,  pursuant to Section 183 of the Local Government Act, 2001, that the council consent to the disposal of the land in accordance with the terms set out in the statutory notice.

Ottomy Grove, Clane
The council considered statutory notice dated 9 October which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of 7.44 sq. m. of land at Ottomy Grove, Clane to E.S.B. in consideration of payment of €10.00
Resolved on the proposal of Councillor Black, seconded by Councillor Hillis, pursuant to Section 183 of the Local Government Act, 2001, that the council consent to the disposal of the land in accordance with the terms set out in the statutory notice.

Kildangan
The council considered statutory notice dated 11 October 2007 which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of 0.03 hectares of land comprised in Folio 43185F in the townland of Kildangan to O’Neill Brothers Contractors (Ireland Ltd).
Resolved on the proposal of Councillor Black, seconded by Councillor Hillis, pursuant to Section 183 of the Local Government Act, 2001, that the council consent to the disposal of the land in accordance with the terms set out in the statutory notice.

Burtonhall Demesne
The council considered statutory notice dated 9 October 2007 which had been circulated to the members under Section 183 of Local Government Act 2001 signifying intent to dispose of 1.659 hectares of land at Burtonhall Demesne to HCD Memorial Fund in consideration of payment of €130,000 credit given on compensation due for other lands acquired under CPO.
Resolved on the proposal of Councillor Black, seconded by Councillor Hillis, pursuant to Section 183 of the Local Government Act, 2001, that the council consent to the disposal of the land in accordance with the terms set out in the statutory notice.

05/1007
Budget Meeting
Resolved that the annual budget meeting of the council be held on 12th and 14th  December. 


06/1007
Filling of Vacancy on the Board of OAK Partnership

The members noted that Councillor Hillis’s term of office on the board of the OAK Partnership.

Resolved on the proposal of Councillor Hendy, seconded by Councillor Hillis that Councillor Weld be nominated to fill vacancy on the board of OAK Partnership.

 

07/1007
Housing Progress Report
Mr. Minnock reported that the Minister for the Environment was launching revised schemes for the Disabled Persons Grant and the Essential Repairs Grant on 22 October.  He added that the existing and revised schemes would be administered on a phased basis over the next two years and agreed to circulate a briefing note to the members. He also reported that 68 social housing units would be launched before the end of November in Rickardstown and that a further 40 units would be launched in Ballitore. Members indicated their concerns regarding the allocation of the number of units in Rickardstown, the delay by the ESB in connecting housing units in Ballitore and they also mentioned the derelict houses on the Athgarvan Road, Newbridge.  They expressed the view that the rental assistance scheme should be promoted more to help the housing situation in Kildare. 

Resolved that the report be noted

 

08/1007
Material Contravention of Kilcullen Local Area Plan 2001
The council noted planning application 06/2162 by Mr. Peter Dunlea. The development consisted of the following: Extension to existing Link Business Park at Melon Hill, Naas Road, Kilcullen, Co. Kildare (Land use zoning “D – light industry and warehousing”) into adjoining lands, currently used as a commercial sand pit and with land use zoning “G - Agriculture” comprising, (a) alterations to existing Link Business Park comprising realignment of entrance to site to improve sightlines and vehicular access to proposed extended site, (b) demolition of existing dwelling house and granny flat and associated structures on proposed site, (c) proposed extension to Link Business Park on adjoining lands, currently used as a commercial sand pit, comprising Light Industrial and Warehousing, Office Café/Restaurant and Retail Warehousing use, all 7.1m/2 storey high including all ancillary accommodation – offices storage, lobbies, toilets, roadways, entrances, access, footpaths, landscaping, parking, storage yards, boundary fences and walls, surface and foul water drainage, signage and all other associated works. The development would contravene materially the following objective of the Kilcullen Local Area Plan 2001, Zoning Objective ”G – Agricultural Objective 3.2.7. – To retain and protect agricultural uses.
 
The members considered report of 10 October 2007, endorsed by the Senior Planner and approved by the County Manager. Mr Lahart reported on briefed the members on the background to the planning application, advising that the proposal would comply with the proper planning and development of the area and he recommended that permission be given. The members welcomed the proposal.

Resolved on the proposal of Councillor Hillis, seconded by Councillor Dalton, with 22 members voting in favour, that a decision to grant planning permission be made in this case and that for that purpose the council consent to a material contravention of the Kilcullen Local Area Plan 2001.

 

09/1007
Planning and Development Act 2000
Planning and Development Regulations 2001 – 2006 Part VIII
Floods Cross Junction Improvement Works
The council considered report from Mr. Page advising that a proposal to improve the junction at Floods Cross had been the subject of public consultation pursuant to Part 8 of the Planning and Development Regulations 2001. Mr. Page described the proposal which was then considered by the council. Councillor Power called on members not to support the proposal.
Resolved on the proposal of Councillor Glennon, seconded by Councillor Black, that the works provided for in the scheme be agreed.

 

10/1007
Budgetary Report
Ms F. Millane, Acting Head of Finance, advised the members that the report would be discussed at the next finance committee meeting. 
Resolved that the report be noted.

 

11/1007
Establishment of Audit Committee
The County Manager briefed the members on Circular Fin 11/07 ‘Audit Function in Local Authorities’ and set out the position regarding the setting up of the Audit Committee. He nominated the following external members:
Mr. Charlie Carrie, (Accountant) Ms. Mary Ann O’Brien, (Managing Director, Lily O’Brien Ltd) Mr. Denis Doherty, (former CEO with Midland Health Board) Mr. Sean Carey (retired Assistant City Manager, Dublin City Council)


Resolved that the committee be established in accordance with the circular letter and  the County Manager’s nominees as advised be appointed together with the following members:
Councillor Hendy (proposed Councillor Hillis)
Councillor Byrne (proposed Councillor McGinley)
Councillor S. Doyle (proposed Councillor Kelly)

 

12/1007
Mayors Business
The Mayor reminded members that week commencing 29 October would be Neighbourhood Watch week.

The Mayor reported that:
· €96,000 had been allocated by The Kildare Sports Partnership to sports groups from all over Kildare and that a staff member would specialise in sports access for people with disabilities.
· A letter had been received from Brigadier General Ashe thanking the council for the Civic Reception to honour Lieutenant General Dermot Earley and inviting the members to the Curragh Army Camp for a briefing on the role and work of the Defence Forces. Following discussion it was agreed that the members would visit the Curragh Camp on the morning of 17 December and that this would be followed by the December monthly meeting at 2 pm.
· The Minister for Enterprise, Trade and Employment had agreed to launch the Economic Strategy for Kildare at a date to be confirmed.

 

13/1007
Delegation of Functions
The County Manager advised the members that he had made orders delegating functions to the directors of services, and that the orders were available for inspection by members, as are all other orders. 

 

14/1007
Conferences
The council considered notice of a number of conferences and selected nominees to attend as follows:

6-7 November 2007
10th Anniversary Ceifin Conference
“Tracking the Tiger – a Decade of Change”
West County Hotel & Conference Centre, Ennis, Co. Clare
Cost per delegate: €922.98 approx.
Nominees: Councillors Black, Miley, Ridge and Byrne

8-10 November 2007
Association of Irish Festivals and Events
007 Licence to Thrill Conference 2007
Carlton Shearwater Hotel, Ballinasloe, Co. Galway
Cost per delegate: €892.31 approx.
Nominees: Councillors L. Doyle, Miley and Browne

9-10 November 2007
Local Authority Members Association
Annual Winter Conference
The Dolmen Hotel, Kilkenny Road, Carlow
Cost per delegate: €452.71 approx.
Nominees: Councillors Black, Dalton, Hendy and Byrne

14 November 2007
Shannon Development
E-Towns – Beyond 2007
The Shannon Suite, Kirbys Lanterns Hotel, Coast Road, Tarbert, Co Kerry
Cost per delegate: €504.10 approx.
Nominees: Councillors L Doyle, Fitzpatrick, Hendy and Browne

15 November 2007
Transport Times Annual Road Pricing Conference 2007
The Hilton, Kensington, London
Cost per delegate: €936.27 approx.
Nominees: Councillor Ridge

16-18 November 2007
National Association of Councillors
Annual Conference
Power to the People – Working with Local Communities
The Ramada Hotel, Belfast
Cost per delegate: €1,271.84 approx.
Nominees: Councillors O’Loughlin and Callaghan

16-18 November 2007
Training Seminar for Councillors
Effective Communications for Councillors
Silver Tassie Hotel, Milford Road, Letterkenny, Co. Donegal
Cost per delegate: €946.69 approx.
Nominees: Councillors Conway, Fitzpatrick and Browne

22-24 November 2007
A National Tourism Conference
Tourism for Changing Lifestyles
Falls Hotel, Ennistymon, Co. Clare
Cost per delegate: €901.49 approx.
Nominees: Councillors Dalton, O’Loughlin, Hendy, Ridge and Byrne

1 December 2007
Training Seminar
The Local Government Budget 2008
The Carlton Millrace Hotel, Bunclody, Co. Wexford
Cost per delegate: €419.93 approx.
Nominees: Councillors Conway, Callaghan and Weld

 


15/1007
Correspondence
The council noted receipt of the following correspondence:
· Acknowledgement from Department of the Environment, Heritage and Local Government of the council’s representations regarding Section 246 (b) of the Planning Act 2000 – 2006 in relation to planning fees.
· Letter from Fingal County Council advising of a resolution to petition the Minister for the Environment, Heritage and Local Government with regard to  additional regulation of chemical/petrographic analysis of all backfill materials used in excavations, floors etc.

 

16/1007
Receipt of Deputation from Teach Tearmainn Women’s Refuge
The council welcomed Ms. Jacinta Carey on behalf of Teach Tearmainn.  Ms. Jacinta Carey described the history of the women’s refuge, the current services provided, levels of usage and assessments of need.

The members acknowledged the commitment of Ms. Carey and her colleagues to the refuge and they considered it to be a much-needed service. The Mayor thanked Ms. Carey for her presentation and for its insight into the problems highlighted.

 

17/1007
Committee Reports and Recommendations

Celbridge Area
That, the development planning process, which provides for local area plans, action area plans and village design statements be expedited to ensure timely delivery for the purposes of the county development plan and that the necessary resources be applied forthwith.

Mr Lahart briefed the members regarding the resourcing of the forward planning programme to meet all statutory time frames and advised that he would bring a detailed report before the members by the end of this year.

Clane Area
That, the Council agrees to making the necessary budgetary provision for the separation of street cleaning services from road maintenance as reported by the Director of Services.

Mr Boland confirmed that this matter was being actively examined and a report would be available to the members for the budget meeting.


18/1007
Housing Construction
The council considered the following motion in the name of Councillor McGinley:
That this Council takes whatever steps that are necessary to ensure that all new houses constructed in the county includes solar panels in their design in order to reduce carbon emissions and to reduce energy costs for the homeowner.

The administrator read reports to Council from the Planning Department and the Senior Architect indicating that the current Kildare County Development Plan 2005 – 2011 is supportive of solar panels, however the policy may need to be strengthened to require the installation of solar panels in all new houses.   In the Planning and Development Regulations 2007 planning exemptions for micro-renewable energy technologies for domestic houses includes the provision of solar panels.

Resolved that the reports be noted.

 

19/1007
Planning for School Development
The council considered the following motion in the name of Councillor S. Doyle:
Using census data in conjunction with the housing development growth outlined in the county development plan, that the council map the county for primary and secondary school requirements going forward for a period of at least 10 years. That this data should be consulted in the adjudication of all planning permissions, local area plans and settlement developments and that the Department of Education be made aware of locations where shortfalls are likely to occur going forward.

The administrator read a report to the members indicating that meetings were held between the Planning Department and the Department of Education on an ongoing basis with the objective of establishing where shortfalls may arise and how such shortfalls may be overcome.  The Planning Authority has recently prepared at ‘Social Infastructure Assessment’ which has been approved by Council and is being implemented as part of the assessment of planning applications.

The members noted report from the Planning Department.  The County Manager briefed the members of his recent meeting with the Minister for Education and Science and agreed to circulate documentation given to the Minister in relation to the current position in County Kildare.


20/1007
Defibrillators
The council considered the following motion in the name of Councillor McGinley:
That Kildare County Council follow Donegal County Council's example by carrying out an audit to establish the number of Automatic External Defibrillators (AED's) that are available to the public in the county. Furthermore, and in the light of the findings of the survey, that the Council becomes proactive in implementing a pilot AED programme for Maynooth to encourage the provision of AED's at the following:

Ambulance Service
Fire Service 
TESCO's Shopping Centre
Glenroyal Centre
Maynooth Train Station
NUI Maynooth
St. Mary's Church
Soccer Pitches, Rathcoffey Road
GAA Pitches, Moyglare Road
The 3 Primary Schools & 1 Secondary School

Bearing in mind that sudden cardiac arrest is survivable, with recent studies showing that when AED's are used within the first 3 minutes that there is a 74% survival rate, that the Council would give serious consideration to extending the AED programme to other towns in the County.

The administrator read report to the members indicating that three defibrillators have been purchased to date and are located at Aras Chill Dara, Newbridge Sport Centre and Naas Swimming Pool.  Training has been provided to some staff members and it is proposed to purchase an additional five defibrillators by end of the year and carry out further training.


The members noted report dated 19 October 2007 from Eamonn O’Sullivan, Director of Service.  Following discussion by the members, it was
Resolved that Councillor Ridge would raise this matter with the Health Service Executive at the forthcoming health conference next week. 

 

21/1007
Other Business
Councillor O’Loughlin advised the members that she had recently attended the Special Olympics in Shanghai and the county Kildare athletes had collected 119 medals. She proposed a vote of congratulations to all the athletes and their families on their courage, skill and sportsmanship, and the council so resolved.

Councillor O’Loughlin sought amendment of the minutes of the Kildare Area Committee meeting in respect of the Hill of Allen. However, the matter was not resolved.

______

 The meeting concluded.