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                                            KILDARE COUNTY COUNCIL

 

                                              Minutes of Monthly Meeting

held at 2.00 p.m. on Monday 31 March 2008

at Áras Chill Dara, Devoy Park, Naas.

 

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

 

Apologies:   Councillor F. Browne.

 

Also Present:   Mr. M. Malone, County Manager; Messrs. J. Boland, P. Minnock and

D. Page (Directors of Services); A. C. Talbot (Meetings Administrator) and other officials.

 

______

 

 

1/0308

Confirmation of Minutes

The council considered the minutes of monthly meeting held on 25 February 2008 and of the special meeting held on the same date and the progress report arising from them.

 

Resolved on the proposal of Councillor Byrne, seconded by Councillor McDonagh, that the minutes be confirmed and taken as read, subject to an amendment to show that Councillor Dalton had attended the special meeting.

 

Mr. Minnock advised that the requested report concerning rent arrears was expected to be available for the next monthly meeting. 

 

 

2/0308

Committee Minutes

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

Athy Area Committee – 21 January 2008

Resolved on the proposal of Councillor Hendy, seconded by Councillor Weld, that the minutes be noted.

 

Clane Area Committee – 12 February 2008

Resolved on the proposal of Councillor Fitzpatrick, seconded by Councillor Liam Doyle, that the minutes be noted.

 

Celbridge Area Committee – 8 February 2008

Resolved on the proposal of Councillor Byrne, seconded by Councillor Ridge, that the minutes be noted.

 

Kildare Area Committee – 6 February 2008

Resolved on the proposal of Councillor Black, seconded by Councillor Suzanne Doyle, that the minutes be noted.

 

Leixlip Area Committee – 17 January 2008

Resolved on the proposal of Councillor McGinley, seconded by Councillor McDonagh, that the minutes be noted.

 

Naas Area Committee – 15 January and 19 February 2008

Resolved on the proposal of Councillor McDonagh, seconded by Councillor Callaghan, that the minutes be noted.

 

Councillor MacNamara said that he understood that an undertaking had been given to defer the construction of a car park at Johnstown pending further discussion. Mr. Boland pointed out that the council had been bound by the conditions of An Bord Pleanála’s approval of the N7 widening project (which included the construction of the car park) and also by contractual undertakings to proceed.  He pointed out that there would be another opportunity to re-visit the issue during the review of the local area plan which was expected to take place in the coming year.

 

 

3/0308

Disposal of land

(a)  Glendale Meadows, Leixlip

The council considered statutory notice dated 11 March 2008, which had been circulated to the members under Section 183 of Local Government Act 2001, signifying intent to dispose of 0.21 ha. of the council’s land at Glendale Meadows, Leixlip, to James McPartland, in consideration of the payment of €10.

 

Resolved on the proposal of Councillor McGinley, seconded by Councillor McDonagh, 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.

 

(b)  Glendale Meadows, Leixlip

The council considered statutory notice dated 11 March 2008, which had been circulated to the members under Section 183 of Local Government Act 2001, signifying intent to dispose of 0.44 ha. of the Council’s land at Glendale Meadows, Leixlip, to Maksim and Yulia Lobzova in consideration of the payment of €10.

 

Resolved on the proposal of Councillor McGinley, seconded by Councillor McDonagh, 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.

 

 

4/0308

Taking in Charge of Callenders Mill, Celbridge

Mr. Hannigan, Planning Department, reported that the taking-in-charge of the housing estate known as Callenders Mill, Celbridge was recommended and had been agreed by the Celbridge Area Committee.

 

Resolved on the proposal of Councillor Conway, seconded by Councillor Ridge, that the  estate be taken-in-charge.

 

 

5/0308

Filling of Committee Vacancies

Economic Planning and Development Strategic Policy Committee

The administrator reported a letter had been received from Newbridge Chamber of Commerce, on behalf of Chambers Ireland, nominating Mr. Joseph Fennell, Bank of Ireland Newbridge, to fill a vacancy on the Economic Planning and Development Strategic Policy Committee. 

Resolved on the proposal of Councillor Hillis, seconded by Councillor Black, that Mr. Fennell be appointed in accordance with the nomination.

 

 

 

 

Housing and Social Inclusion Strategic Policy Committee

The meetings administrator informed the meeting that a letter had been received from the Irish Congress of Trade Unions nominating Mr. Ted Murray, 90 Loughbollard, Clane, to fill a vacancy on the Housing and Social Inclusion Strategic Policy Committee.

Resolved on the proposal of Councillor Weld, seconded by Councillor Nolan, that Mr. Murray be appointed in accordance with the nomination.

 

 

06/0308

Vacancies on Committees and External Bodies

Resolved to defer filling of vacancies on the following:

(a)  Kildare Twinning Committee

(b)  Burrin Drainage Committee

(c)  Protocol Committee

(d)  Local Rural Water Monitoring Committee

(e)  Finance Committee

It was noted that Councillor Power remained a member of the Eastern River Basin District Advisory Council and the county enterprise board.

 

 

7/0308

Fire and Emergency Services Plan

Mr. Michael Fitzsimons, Chief Fire Officer, presented a review of the fire service, with particular reference to organisation, fire stations, appliances and equipment.  He pointed to continuing difficulty in the recruitment and retention of sufficient personnel.

 

Members expressed appreciation of the work carried out by the fire service in the county; and Mr. Fitzsimons dealt with their questions on aspects of the plan.

 

Resolved on the proposal of Councillor Kelly, seconded by Councillor Black, that the plan be adopted.

 

 

8/0308

Electricity Services

Representatives from E.S.B. Networks (Ms. Marguerite Sayers, and Mr Peter O’Loughlin), and from E.S.B. Contracts (Messrs. John Finnegan and Gerry Winters) attended at the meeting.

 

They explained how the E.S.B had been re-structured and how its constituent companies were obliged to conduct business at arm’s length from each other.  They also described the procedures involved in the provision and maintenance of public lighting.

 

Members expressed dissatisfaction with the level of service in the public lighting area and asked that the company supply a list of contacts so that problems could be addressed more quickly.

 

Messrs O’Loughlin and Finnegan addressed issues raised by the members and said that it was hoped to arrange a meeting between relevant staff in the E.S.B. and staff in the council’s area offices to aid mutual understanding of each other’s needs.

 

 

9/0308

Policy Committee Reports

The council considered the report for the half-year ended 31 December 2007 from the Transportation Strategic Policy Committee.

 

Councillor MacNamara highlighted the need to regulate parking of heavy goods vehicles in housing estates and near schools and churches, and he referred to a need for public transport to serve smaller villages. Mr. Page replied to these and other points raised and said that he would bring them to the attention of the committee.

 

Resolved that the report be noted and the reports from the housing and local development committees be considered at the April meeting.

 

 

10/0308

Ballycore Bridge Improvements Scheme

The council considered a report dated 14 March 2008 from the Senior Planner, endorsed by the directors of planning and transportation services with recommendation that improvements be carried out to Ballycore Bridge and its approaches.

 

Resolved on the proposal of Councillor Dalton, seconded by Councillor MacNamara, pursuant to the Planning and Development Act 2000 and the Local Government (Planning and Development) Regulations 2001, Part 8 and the Planning and Development Regulations 2006, Regulation 17, that the improvements as recommended should proceed.

 

11/0308

Celbridge Parking Bye-Laws

The administrator reported that proposed amendments to the Celbridge Parking Bye-laws had been the subject of public consultations and that they had been before the area committee for consideration, following which it was now recommended that the revised bye-laws be adopted.

 

On foot of a question from Councillor Kelly, the council considered whether the number of permits issued to householders should be increased. It was agreed that there be no change in this respect .

 

Councillor Ridge, on behalf of Councillor Conway, said that there was a slight discrepancy in map No. E3295E which did not exactly represent the situation on the ground with regard to double yellow lines. It was agreed that the map be amended accordingly.

 

Resolved on the proposal of Councillor Ridge, seconded by Councillor Nolan, that subject to the foregoing amendment, the revised Kildare County Council, Celbridge Parking Bye-Laws 2006 be adopted.

 

 

12/0308

Citizens Charter 2008-2010.

The Mayor asked members to note this document, which set out the council’s commitment to deliver quality service. She complimented the customer care team for its work in producing the new charter.

 

Resolved that the charter be noted.

 

13/0308

Audit Committee Charter

The council considered the audit committee charter which had been circulated to members with the agenda.

 

Resolved on the proposal of Councillor Kelly, seconded by Councillor L Doyle, that the Audit Committee Charter be adopted.

 

 

14/0308

Variations to Draft Allenwood Local Area Plan

Ms. Helen O’Keeffe, consultant, and Ms. Caroline Shinners, Planning Department,  addressed the meeting. Proposed amendments to the plan had been the subject of public consultation in the month of January and three submissions had been received. 

 

Two of the submissions referred to lands that were not part of the proposed material amendment and, accordingly, could not be considered at this time.

 

The third submission referred to which was part of the proposed variation; but in the opinion of the Manager, the issues raised could be better addressed as part of the revision of the County Development Plan, and therefore no change in the proposed amendment was recommended.

 

The proposed material amendments 1-4, inclusive, were agreed unanimously.  The other proposed amendments referring to insertion of text in the plan were also agreed unanimously.

 

Resolved on the proposal of Councillor Fitzpatrick, seconded by Councillor Weld, that the Manager’s report on the proposed amendment to the Draft Allenwood Local Area Plan be adopted and that the amendment be made accordingly. The proposal was agreed on a show of hands with sixteen members voting for and three against.

 

The Mayor, noting the imminent departure of Mr. Pat Gallagher, Senior Planner, to take up a post with Meath County Council, paid tribute to him for his work in Kildare and for his contribution to the county’s welfare and development. Members echoed the Mayor’s sentiments and joined in their praise of Mr. Gallagher’s work as did the County Manager.

 

Mr. Gallagher returned thanks for the kind comments which had been made about him.

 

 

15/0308

Boardwalk at Leixlip Spa

The members had before them a report from the Planning Department, endorsed by the director for planning services recommending that a boardwalk be provided at Leixlip Spa.

 

Resolved on the proposal of Councillor Griffin, seconded by Councillor McGinley, pursuant to the Planning and Development Act 2000, and Local Government (Planning and Development) Regulations 2001, Part VIII that the works as recommended proceed.

16/0308

Votes of Sympathy

Resolved on the proposal of the Mayor that the council expressed sympathy to:

Seamus Doherty, Transportation Section, on the death of his father;

Tom King, Transportation Section, on the death of his son;

and the Gannon Family on the death of Jim Gannon, formerly of Water Services.

 

 

17/0308

Flooding in Ballymore Eustace

Councillor MacNamara asked that the cause of flooding in Ballymore Eustace be investigated.

 

18/0308

Correspondence

(a)  A letter had been received from South Dublin County Council concerning a motion passed by that authority  “That this Council write to Minister for Health and to the HSE demanding that appropriate action be taken immediately so that medical and support services, at local regional and nation level, for persons with CF be provided to the highest international standards as a matter of urgency and that the letter be copied to all other County and City Councils requesting their support.”

Resolved that a letter be forwarded to the Minister for Health and the H.S.E. indicating Kildare County Council’s support of the motion.

 

(b)  A letter had been received from the Minister for Finance acknowledging receipt of the council’s letter in support of Offaly County Council’s resolution in respect of the provision of pre-school services.

Resolved that the letter be noted

 

(c)  A letter had been received from the Minister for Enterprise, Trade and Employment acknowledging the council’s letter concerning agency employment throughout the economy.

Resolved that the letter be noted.

 

(d)  A reply had been received from the Department of Environment, Heritage and Local Government concerning the council’s motion on charging primary schools for supply of water and funding of rain water facilities.

Resolved that the letter be noted and that members regret that a more positive reply was not forthcoming.

 

(e)  A letter had been received from the Revenue Commissioners concerning the council’s request to allow tax relief at source on refuse charge payments, and referring to the difficulties of implementing such a scheme, but undertaking to continue to explore the possibility of such a scheme.
Resolved that the letter be noted.

 

(f)  A reply had been received from the Minister for the Environment, Heritage and Local Government regarding the council’s proposal on fees for submissions on planning applications. The letter set out the background to the introduction of the charge, and added that the issue was kept under review and that the council’s views will be taken into account when the issue is next considered. 
Resolved that the letter be noted.

 

(g)  A letter had been received from the Minister for Finance acknowledging receipt of the council’s motion regarding funding for Irish Guide Dogs for the Blind.  The letter advised that the matter had been referred to the Department of Health and Children for substantive reply.
Resolved that the letter be noted.

 

The council received notice of the following conferences:

 

3-4 April 2008

National Planning Conference 2008 Preview

Castlecourt Hotel and Westport Plaza, Westport, Co. Mayo

Cost per delegate: €1,356.93 approx.

Nominees: Councillors O’Loughlin and D. Fitzpatrick

 

4-6 April 2008

Effective Communications for Councillors

Silver Tassie Hotel, Milford Road, Letterkenny, Co. Donegal

Cost per delegate: €836.32 approx.

Nominees: Councillors Miley and Dalton

 

25-26 April 2008

TJK Conferences Ltd.- Planning Seminar for Councillors

Patrick Punch Hotel, Limerick

Cost per delegate: €602.20 approx.

Nominees: Councillors D. Fitzpatrick and O’Loughlin

 

11-13 April 2008

National Association of Councillors

Regeneration and Housing Conference

Crown Spa Hotel, Scarborough

Cost per delegate: €857.83 approx.

Nominee: Cllr M. Nolan

 

17-18 April 2008

Sherkin Island - 24th Annual Environmental Conference

“Water: The Challenges for Users”

Carrigaline Court Hotel, Carrigaline, Co. Cork

Cost per delegate: €939.33 approx.

Nominees: Councillors Conway, L. Doyle, Ridge, Hendy and Byrne

 

19 April 2008

Enniscorthy Town Council  - “1916 Revolution or Betrayal”

Riverside Park Hotel, Enniscorthy, Co. Wexford

Cost per delegate: €319.54 approx.

Nominees: Councillors Callaghan and O’Loughlin

 

21 April 2008

Local Economic and Social Development Conference

Marriott Hotel, Henry Street, Limerick

Cost per delegate: €629.07 approx.

Nominees: Callaghan, Black, Hendy and Browne

 

24 April 2008

Confederation of European Councillors

“Developments in the Planning Systems, North and South”

Killyhevlin Hotel, Enniskillen, Co. Fermanagh

Cost per delegate: €641.16 approx.

Nominees: Councillors Dalton, L. Doyle and Browne

 

25-26 April 2008

TJK Conferences Ltd.- Planning Seminar for Councillors

Patrick Punch Hotel, Limerick

Cost per delegate: €602.20 approx.

Nominees: Councillors D. Fitzpatrick and O’Loughlin

 

25-27 April 2008

International Peace Conference

Tipperary Town, Tipperary

Cost per delegate: €690.92 approx.

Nominees: Councillors Miley, Black, Nolan and Browne

 
1 May 2008

Border, Midland & Western Regional Assembly

“Quality of Life: The Key to Successful Regions”

Heritage Hotel, Portlaoise, Co. Laois

Cost per delegate: €293.94 approx.

Nominees: Councillors Conway, L. Doyle , Weld and Ridge

 

 

19/0308

Committee Reports and Recommendations

The members considered the following motion from the Kildare Area Committee:
         That all supermarkets and off-licence planning permissions be conditioned with the

        provision of a bring centre on site and, where not feasible, that a levy for provision

       of one elsewhere be applied.

The administrator advised that the planning department would impose such conditions where appropriate but added that it would not be advisable to have a bring centre at each supermarket and off-licence. However, the provision of such facilities could be addressed through local area plans as they were revised. He added that there was no provision to apply a levy, in lieu of the provision of bring centres at supermarkets or off-licences, in the current development contributions scheme.

 

Councillor O’Loughlin said that Councillor Suzanne Doyle, who had originally raised the issue at the area committee, was not present and asked that she be allowed to comment on the report, if she so wished, at the next meeting. This was agreed.

Resolved that the report be noted.

 

20/0308

Housing Rent Assessment

The council considered the following motion in the names of Councillors Brown, Byrne, McGinley and McNamara:

That Kildare County Council amend its rent assessment scheme to exclude from consideration payments that are dedicated to meet specific costs including Fuel Allowance and Living Alone Allowance that are payable to tenants with recognised additional costs.

 

Mr. Minnock said that there were already a large number of allowances excluded from assessment for rent purposes. The allowances mentioned in the motion were generally small and their inclusion would not be likely to have a significantly extensive effect. He recommended that the matter be considered by the housing policy committee.

 

Resolved that the matter be referred to the housing policy committee for further consideration.

 

 

21/0308

Climate Change

The council considered the following motion in the name of Councillor MacNamara:

That this Council will prepare and adopt a policy and guidelines on measures to combat anticipated effects of climate change in the county, dealing with such matters as water supply, flood plains, open spaces, and sustainable development and that such Climate Change Adaptation Policy and Guidelines be included in the draft of the next County Development Plan.

 

The administrator reported that the environment policy committee was considering this issue. Two papers setting out various initiatives were circulated for members’ information. Councillor MacNamara welcomed the information supplied but said that he was more concerned with the consequences of climate change in regard to matters such as planning permission for building on flood plains and how the council might deal with them.

Resolved that the matter be referred to the environment policy committee for further consideration.

 

_____

 

The meeting concluded.