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KILDARE COUNTY COUNCIL


Minutes of Monthly Meeting
held at 2.00 p.m. on Monday, 26 July 2010 at
Áras Chill Dara, Devoy Park, Naas, Co Kildare


Members Present: Councillor B Weld (Mayor); Councillors F Browne, K Byrne,
W Callaghan, R Daly, S Doyle, S Griffin, M Heydon, P Kennedy, P Kelly, S Langan, A Lawlor, P MacNamara, P McEvoy, J McGinley, S Moore,
M Miley, C Murphy, M Nolan, T O’Donnell, F O’Loughlin, C Purcell,
D Scully and M Wall.

Apologies:  Councillor L Doyle

Also Present: Mr J Lahart, Deputy County Manager, Messrs J Boland and E O’Sullivan (Director of Services), Mr M O’Leary (Acting Director of Services),
T Hunter McGowan (Head of Finance), C Talbot (Meetings Administrator) and other officials.

_________________________

1/0710
Confirmation of Minutes

The council considered the minutes of the monthly meeting held on 28 June 2010, together with the progress report.

Councillor Murphy raised an issue in relation to an item on the Progress Report which indicated that no formal legal advice had been obtained on the legality of taking an estate in charge without take a road (and the services laid in it) that links the estate to the existing public road and services in charge. The meetings administrator stated that this was the information available to him and at his suggestion Councillor Murphy agreed to take the matter up directly with the Planning Department.

Resolved on the proposal of Councillor Kennedy, seconded by Councillor Heydon, that the minutes of the monthly meeting held on 28 June 2010 be confirmed and taken as read.


2/0710
Committee Minutes

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

Athy Area – 24 May 2010
Clane Area – 8 June 2010.

Resolved on the proposal of Councillor Miley, seconded by Councillor O’Loughlin, that the minutes be noted.


3/0710
Disposal of Land

11 Sallins Pier, Sallins
The council considered statutory notice dated 30 June 2010, which had been circulated to members under Section 183 of Local Government Act 2001, signifying intent to dispose of 11 Sallins Pier, Sallins, Co. Kildare to Paul Roberts in consideration of payment of the current value of rented equity (up to date in line with inflation) at the date of redemption of the Shared Ownership Loan.

Resolved on the proposal of Councillor Miley, seconded by Councillor Callaghan, 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.

In response to a query from Councillor McGinley with regard to the leasing of houses, Mr Perry stated that there were no further unsold affordable houses in the Council’s stock apart from those listed for consideration on the agenda for today’s meeting.

3 Rosconnell Street, Newbridge
The council considered statutory notice dated 14 July 2010 which had been circulated to the members under Section 183 of the Local Government Act 2001 signifying intent to lease unsold affordable house at 3 Rosconnell Street, Newbridge, Co Kildare to Helm Housing Association for a period of 5 years subject to the terms and conditions of Section 90 of the Housing Act 1966 and Section 26 of the Housing (Miscellaneous Provisions) Act 1992.

Resolved on the proposal of Councillor Miley, seconded by Councillor Callaghan, 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.

23 Rosconnell Street, Newbridge
The council considered statutory notice dated 14 July 2010 which had been circulated to the members under Section 183 of the Local Government Act 2001 signifying intent to lease unsold affordable house at 23 Rosconnell Street, Newbridge, Co Kildare to Helm Housing Association for a period of 5 years subject to the terms and conditions of Section 90 of the Housing Act 1966 and Section 26 of the Housing (Miscellaneous Provisions) Act 1992.

Resolved on the proposal of Councillor Miley, seconded by Councillor Callaghan, 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.

25 Rosconnell Street, Newbridge
The council considered statutory notice dated 14 July 2010 which had been circulated to the members under Section 183 of the Local Government Act 2001 signifying intent to lease unsold affordable house at 25 Rosconnell Street, Newbridge, Co Kildare to Helm Housing Association for a period of 5 years subject to the terms and conditions of Section 90 of the Housing Act 1966 and Section 26 of the Housing (Miscellaneous Provisions) Act 1992.

Resolved on the proposal of Councillor Miley, seconded by Councillor Callaghan, 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.

27 Rosconnell Street, Newbridge
The council considered statutory notice dated 14 July 2010 which had been circulated to the members under Section 183 of the Local Government Act 2001 signifying intent to lease unsold affordable house at 27 Rosconnell Street, Newbridge, Co Kildare to Helm Housing Association for a period of 5 years subject to the terms and conditions of Section 90 of the Housing Act 1966 and Section 26 of the Housing (Miscellaneous Provisions) Act 1992.

Resolved on the proposal of Councillor Miley, seconded by Councillor Callaghan, 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.

30 Rosconnell Street, Newbridge
The council considered statutory notice dated 14 July 2010 which had been circulated to the members under Section 183 of the Local Government Act 2001 signifying intent to lease unsold affordable house at 30 Rosconnell Street, Newbridge, Co Kildare to Helm Housing Association for a period of 5 years subject to the terms and conditions of Section 90 of the Housing Act 1966 and Section 26 of the Housing (Miscellaneous Provisions) Act 1992.

Resolved on the proposal of Councillor Miley, seconded by Councillor Callaghan, 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.

1 Rosconnell Road South, Newbridge
The council considered statutory notice dated 14 July 2010 which had been circulated to the members under Section 183 of the Local Government Act 2001 signifying intent to lease unsold affordable house at 1 Rosconnell Road South, Newbridge, Co Kildare to Helm Housing Association for a period of 5 years subject to the terms and conditions of Section 90 of the Housing Act 1966 and Section 26 of the Housing (Miscellaneous Provisions) Act 1992.

Resolved on the proposal of Councillor Miley, seconded by Councillor Callaghan, 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.

23 Rosconnell Road South, Newbridge
The council considered statutory notice dated 14 July 2010 which had been circulated to the members under Section 183 of the Local Government Act 2001 signifying intent to lease unsold affordable house at 23 Rosconnell Road South, Newbridge, Co Kildare to Helm Housing Association for a period of 5 years subject to the terms and conditions of Section 90 of the Housing Act 1966 and Section 26 of the Housing (Miscellaneous Provisions) Act 1992.

Resolved on the proposal of Councillor Miley, seconded by Councillor Callaghan, 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.

1 Rosconnell Square, Newbridge
The council considered statutory notice dated 14 July 2010 which had been circulated to the members under Section 183 of the Local Government Act 2001 signifying intent to lease unsold affordable house at 1 Rosconnell Square, Newbridge, Co Kildare to Helm Housing Association for a period of 5 years subject to the terms and conditions of Section 90 of the Housing Act 1966 and Section 26 of the Housing (Miscellaneous Provisions) Act 1992.

Resolved on the proposal of Councillor Miley, seconded by Councillor Callaghan, 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.

2 Rosconnell Square, Newbridge
The council considered statutory notice dated 14 July 2010 which had been circulated to the members under Section 183 of the Local Government Act 2001 signifying intent to lease unsold affordable house at 2 Rosconnell Square, Newbridge, Co Kildare to Helm Housing Association for a period of 5 years subject to the terms and conditions of Section 90 of the Housing Act 1966 and Section 26 of the Housing (Miscellaneous Provisions) Act 1992.

Resolved on the proposal of Councillor Miley, seconded by Councillor Callaghan, 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.
 

3 Rosconnell Square, Newbridge
The council considered statutory notice dated 14 July 2010 which had been circulated to the members under Section 183 of the Local Government Act 2001 signifying intent to lease unsold affordable house at 3 Rosconnell Square, Newbridge, Co Kildare to Helm Housing Association for a period of 5 years subject to the terms and conditions of Section 90 of the Housing Act 1966 and Section 26 of the Housing (Miscellaneous Provisions) Act 1992.

Resolved on the proposal of Councillor Miley, seconded by Councillor Callaghan, 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 Rosconnell Square, Newbridge
The council considered statutory notice dated 14 July 2010 which had been circulated to the members under Section 183 of the Local Government Act 2001 signifying intent to lease unsold affordable house at 4 Rosconnell Square, Newbridge, Co Kildare to Helm Housing Association for a period of 5 years subject to the terms and conditions of Section 90 of the Housing Act 1966 and Section 26 of the Housing (Miscellaneous Provisions) Act 1992.

Resolved on the proposal of Councillor Miley, seconded by Councillor Callaghan, 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.


4/0710
Open Spaces Strategy and
Planning and Development Act 2000
Planning and Development Regulations 2001-2008 – Part VIII
To consider proposal for Kilcullen Community Playground

The members agreed to take the Open Spaces Strategy and the Part 8 proposal for Kilcullen Community Playground together.

In relation to the Open Spaces Strategy, Councillor Scully stated that this policy document had been considered by the Planning and Economic Development Strategic Policy Committee.  He added that there were three distinct areas considered; audit of existing open spaces and amenity, best national and international standards and application of agreed standards.  The Strategy was welcomed by the members.  In response to a query from Councillor O’Loughlin, Mr Wallace, Senior Executive Parks Superintendent, stated that the acquisition of land was set out in the Strategy. 
 
The members of the Athy Area Committee welcomed the proposed playgroud for Kilcullen.  Councillor Murphy requested clarification as to when it was proposed to introduce bye-laws in relation to the operation of the playground in Celbridge and it was agreed that this matter would be considered further by the Celbridge Area Committee.  Councillor Lawlor asked that a commitment be given to spend recreational and amenity development levies in the Naas electoral area to provide a playground. 

Resolved on the proposal of Councillor Scully, seconded by Councillor O’Loughlin, that the Open Spaces Strategy be adopted.

Resolved on the proposal of Councillor Miley, seconded by Councillor Wall, that in accordance with the Planning and Development Act 2000 and Planning and Development Regulations 2001-2008, the Part VIII proposal for the Kilcullen Community Playground be agreed.


5/0710
County Kildare Special Speed Limit Bye Laws 2010

Mr O’Leary presented the Draft County Kildare Special Speed Limit Bye Laws 2010 to the members stating that the statutory process for the review has now been completed, subject to the approval of the members.  He added that the town councils had been notified of the intention to make the bye-laws and An Garda Siochana, the National Roads Authority and the public had been consulted and no objections had been received.  The County Kildare Special Speed Limit Bye Laws 2010 were recommended to the members for adoption.

Resolved on the proposal of Councillor Byrne, seconded by Councillor O’Donnell, that in accordance with Section 9 of the Road Traffic Act 2004, the County Kildare Special Speed Limit Bye Laws 2010 be adopted.


6/0710
Planning and Development Act 2000
Planning and Development Regulations 2001-2008 – Part VIII
(a) To consider proposal for Kildare Traffic Management Plan
(b) To consider proposal for Eyre Street Newbridge Improvement Scheme
(c) To consider proposal for Newbridge Green Schools Travel Initiative

(a) Mr O’Leary presented the Kildare Traffic Management Plan to the members stating that the overall objective for the Plan was to create a street hierarchy and develop traffic management measures for the town centre.  He noted that some amendments had been incorporated into the Plan, primarily in relation to additional car parking spaces.  The Plan was recommended to the members for adoption.

 Councillor O’Donnell raised concerns with regard to the timing of the Traffic Management Plan’s presentation to the Council, but acknowledged that the Transportation Department had facilitated a number of useful public meetings.  He proposed the following amendments to the Plan which had the consensus of the Kildare Area Committee:

 That the Traffic Management Plan as adopted be scheduled for regular reviews that shall coincide with the County Development Plan.
 That the sequencing of projects to be progressed, identified in the plan, in particular the work in the Market Square, be set in consultation with and agreement by representatives on the Kildare area committee.
 Phase two data collection shall be a priority in the sequencing of actions. This project shall have terms of reference that give consideration to the following; function of railway station, function of schools (having regard to occasions where church ceremonies coincide with school hours and in the case of 2nd level school, the location of graveyard in close proximity), objective of town centre consolidation and strengthening, public safety & comprehensive and effective disability access routes.
 That the objective of completing the link road between Dunmurray Road and Rathbride Road be identified in the plan as a priority project and supported by demonstrating the projects ability in increasing the accessibility to new school for pedestrian access.

Councillor S Doyle raised concerns that the link road between the Dunmurray Road and
the Rathbride Road, which needed urgent attention in order to allow access to the new
school, was not addressed in the Plan.  She added that a source of funding needed to be
identified and it might be necessary to reprioritise capital funding for this project. 

Mr O’Leary noted the comments of the members and stated that the Executive had no
objection to the amendments proposed.  He added that the objective relating to the
completion of the link road between the Dunmurray Road and Rathbride Road would be
subject to availability of funding and a separate Part 8 process.  He informed the
members that a county wide funding submission would be submitted to the National
Transport Authority during August and it was, therefore, necessary for the members to
have considered the Kildare Town Traffic Management Plan in order that it be included in
this submission.

Resolved on the proposal of Councillor O’Donnell, seconded by Councillor S Doyle, that in accordance with the Planning and Development Act 2000 and Planning and Development Regulations 2001-2008, the Part VIII proposal for the Kildare Town Traffic Management Plan be agreed, subject to the amendments outlined.

(b) Mr O’Leary presented the Eyre Street Newbridge Improvement Scheme to the members stating that funding for phase 1 of the scheme has been secured.  The Plan was recommended to the members for adoption.

Councillor Kennedy stated that, following consultation with residents and businesses on Eyre Street, he recommended rejection of the Part 8 proposal.  He proposed that the Newbridge Town Council Footpath Grant be spent in other areas of Newbridge where there were problems with footpaths.  Councillor O’Loughlin acknowledged the work of the Transportation Department in preparing the proposal, but stated that she was not in a position to support it due to the loss of 40 car parking spaces on the street and issues relating to the side street network.  Councillor Nolan also stated that he could not support the proposal for a number of reasons including the impact the introduction of traffic signals would have on traffic on surrounding streets.  Councillor S Doyle stated that the rationale for the proposals contained in the Part 8 need further clarification. 

The Deputy Manager informed the members that were the Part 8 proposal to be rejected the grant allocation of €350,000 could be lost as it might not be transferable to another project.  He added that the objective of the proposal was to improve the environment of Eyre Street in order to encourage people to shop in this area.  He asked the members to consider amendments to the current scheme which would address the issues. 

On the proposal of Councillor Griffin, seconded by Councillor O’Loughln, the Mayor adjourned the meeting for five minutes to allow the Kildare Area members to re-assess the proposal.

On the resumption of the meeting, Councillor Kennedy reported that, having again considered the proposal, the members of the Kildare Area Committee were of the view that it was not possible to make amendments to the Plan which would deal with the issues arising.  In response to requests from the members that the €350,000 grant allocation be spent elsewhere, Mr O’Leary confirmed that the notification of funding received from the Department of the Transport stated that the allocation was specifically for the Eyre Street project.  He further added that in order to bring the footpaths in Eyre Street to an acceptable standard a one-way system would be required on the street and a Part 8 process would be necessary. 

Resolved on the proposal of Councillor Kennedy, seconded by Councillor O’Loughlin, that the proposed Part 8 for Eyre Street Newbridge Improvement Scheme be rejected.

(c) Mr O’Leary presented the Newbridge Green Schools Travel Initiative to the members.   In response to a query from Councillor O’Donnell he confirmed that this initiative was being funded by the National Transport Authority. 

Resolved on the proposal of Councillor Nolan, seconded by Councillor O’Loughlin, that in accordance with the Planning and Development Act 2000 and Planning and Development Regulations 2001-2008, the Part VIII proposal for the Newbridge Green Schools Travel Initiative be agreed.

 
7/0710
Planning and Development Act 2000
Planning and Development Regulations 2001-2008 – Part VIII
To consider proposal for Butterstream Flood Alleviation Scheme Phase 2

Mr Boland presented a report dated 20 July 2010 to the members stating that this proposal was part of the 5 year Capital Flood Alleviation Programme.  He added that phase 1 of the scheme had been successful.

In reply to a query from Councillor McEvoy, Mr Dunny, Water Services, confirmed that the potential impact of the proposed works on pinchpoints downstream had been taken into consideration when preparing the scheme. 

Resolved on the proposal of Councillor McEvoy, seconded by Councillor Weld, that in accordance with the Planning and Development Act 2000 and Planning and Development Regulations 2001-2008, the Part VIII proposal for the Butterstream Flood Alleviation Scheme Phase 2 be agreed.


8/0710
Efficiency Agenda – Review of Waste Management Services

Mr Boland presented a report dated July 2010 to the members entitled Efficiency Agenda – Review of Waste Management Services.  He advised the members that the report had been prepared at their request and was presented for information purposes in the context of preparing the budget for 2011.  He made reference to a number of areas covered in the report including; customer statistics [including waivers], budget deficit, declining customer base and Civic Amenity Sites.  The report sets out proposals in relation to the service and, in this regard, it has been agreed, through Workplace Partnership, to engage in a formal “market soundings” exercise in an effort to establish interest in the private sector in relation to the operation of the civic amenity sites and transfer station.  Consideration is also being given to restructuring the administrative aspects of facilitating the waste management service by way of establishing a business unit.   In conclusion the report sets out potential future savings of €2.138m.

In considering the report the members raised a number of issues including the following:
 Establishment of business unit would be welcomed.
 Concern at possible recommendation to close a Civic Amenity Site.
 Suggest that only existing Kildare County Council customers should be entitled to a waiver.  Legal advice received in relation to this matter should be challenged.
 Consideration should be given to introducing a pay by weight system.
 Incineration not considered in the report.
 Losses being made by Civic Amenity Sites needs to be addressed.
 Any statistics available in relation to the number of households in the county who do not avail of any refuse collection service.
 Current waiver system inequitable as does not operate in some town council areas. 
 Members called for the introduction of a national waiver scheme.

Resolved at the suggestion of the Mayor and agreed by the members that a joint meeting of the Finance Committee and Water and Environmental Services Strategic Policy Committee would be called in order to consider the report in more detail and all members would be invited to attend.  Submissions can be made to this meeting in writing where members are unable to attend.


9/0710
Kildare Age Friendly County Programme

The Mayor welcomed Ms Patricia Goan, Programming Manager with the Ageing Well Network to the Chamber and invited Ms Gleeson, County Librarian, to introduce the Kildare Age Friendly County Programme.  Ms Goan presented the proposal for the Age Friendly County Programme for Kildare setting the context, outlining the features and benefits, demonstrating how the programme can be evolved and the steps that need to be taken to make this happen.  She outlined the main areas of concern for older people in our community and highlighted the potential benefits for County Kildare in rolling out this programme.  Ms Goan replied to queries raised by the members.  The Mayor thanked her for a very informative presentation.


10/0710
Half-Yearly Financial Report

The members agreed to take the following motion from Councillor Lawlor together with this item:
That an update on the current budgetary position of the council be given to the members for the July meeting and what are the implications of this for the budget 2011.

Mr Hunter McGowan referred to a report dated 16 July 2010 outlining the half-yearly financial report, which had been circulated to the members.  The report shows the actual committed expenditure at 30 June 2010 compared to the adopted budget for each service area.  He advised the members that most areas of expenditure were on target for the half-year, but he did comment that there was a significant downturn in the income received from development levies.  In welcoming the report Councillor Lawlor requested that a further report be prepared at the end of the third quarter in order to assist the members in preparing the budget for 2011.

Resolved that the report be noted.


11/0710
Mayor’s Business

The Mayor complimented the staff and all involved with Clogherinkoe Library which recently won one of the Taoiseach’s Public Service Excellence Awards for 2010.


12/0710
Manager’s Business

The Deputy Manager informed the members that two planning applications, currently under consideration, would require material contraventions if they were to be granted by the Planning Authority.  In order to consider the applications within the required timeframe a special meeting of the Council would be required in early September.  Councillor Griffin stated that every effort should be made to ensure that material contraventions are dealt with at an ordinary meeting of the Council.

Resolved on the proposal of Councillor S Doyle, seconded by Councillor Griffin, that a special meeting of the Council be held at 3pm on Monday, 6 September 2010. 

The Deputy Manager advised the members that Dr Martin Mansergh, Minister of State at the Department of Finance, would be visiting the county on 27 July 2010.


13/0710
Correspondence

The council noted receipt of the following correspondence:
▪ Notification from Councillor O’Donnell of his intention to resign from the Twinning Committee due to a clash of meeting times with Cill Dara ar Aghaidh’s Rural Development Sub-committee of which he his Chair.  Noted
▪ Letter from Clonmel Borough Council calling on the Government and the Minister for Health to disband the Health Service Executive.  Agreed.
▪ Letter dated 1 July 2010 from the Waste Policy Section of the Department of the Environment, Heritage and Local Government advising that the Data Protection Commissioner has indicated that the practice of publishing names and addresses of private individuals fined or convicted as a result of littering is in breach of the principles of data protection. 
Resolved on the proposal of Councillor Murphy, seconded by Councillor McGinley, that a letter be sent to the Minister for the Environment, Heritage and Local Government requesting an amendment to the Data Protection Act to allow the publishing of names and addresses of private individuals fined or convicted as a result of littering.


14/0710
Conferences

The administrator confirmed that the following list of upcoming Conferences had been considered by the Group Leaders in the Chamber and found to be suitable for attendance:

19 - 22  August 2010
Humbert Summer School 2010
Castlebar and Killala, Co Mayo
Approximate cost per delegate: €1000
Nominated:  Councillor Brendan Weld, Councillor Martin Heydon, Councillor Fiona O’Loughlin

9 - 11 September 2010
AMAI  9th Annual Conference
Buncrana, Co Donegal
Approx Cost per delegate: €900
(Previously approved at Council meeting on 1 March 2010)

15 September 2010
Anti-Social Behaviour- Symptoms, Solutions and Strategies
Heritage Hotel, Port Laoise, Co Laois
Approximate cost per delegate: €350

1 - 3 October 2010
2010 La Touche Legacy Seminar
“Local Democracy- in Changing Times”
Charlesland Golf and Country Hotel
Greystones, Co Wicklow
Approximate cost per delegate: €500
 

7 - 8 October 2010
Annual National Conference of Alcohol and Substance Abuse
Killarney
Approx Cost per delegate: €650


15/0710
Development Bonds

The council considered the following motion in the name of Councillor Murphy:
We seek a report on the policies surrounding bonds to include how the amounts are
arrived at, why cash bonds as opposed to insurance bonds are sought.  How decisions
are arrived at to return the bonds either in full or in increments, who signs off on those
decisions.   In the event of bonds being returned prior to an estate being taken in charge
what safeguards are in place to ensure outstanding works are all completed. 

The administrator read a report from the Planning Department dated 22 July 2010 setting out the formula used to establish the level of bond required for residential developments, adding that the introduction of this system of calculation has significantly increased the level of bond required.  The condition of planning permission requiring the provision of a bond allows the developer to provide either a cash or insurance/bank bond.  The report outlines the reasons why it is considered that a cash bond is preferable to an insurance/bank bond.  It is further noted that, in general bonds are not fully returned until a development is taken in charge and the transfer of the ownership of the open spaces to the County Council has been completed.  In general, bonds are not reduced until the taking in charge process has commenced and the report outlines the procedure to be followed when consideration is being given to reducing a bond.  It is recommended that the current bonding system for private residential developments be reviewed when the Planning and Economic Development Strategic Policy Committee is considering a strategy for dealing with incomplete housing estates.

In noting the report Councillor Murphy proposed that Kildare County Council’s policy for development bonds be amended in favour of cash bonds.  This proposal was seconded by Councillor McEvoy. 

In response to questions raised by the members Mr Hannigan advised that it was not possible to eliminate insurance/bank bonds entirely, but it is possible to consider accepting a reduction in the amount of bond required were the bond to be paid in cash.  He added that a comprehensive report was currently being prepared outlining the status of all housing developments which address a number of the issues raised by the members. 

Resolved that the report be noted.


16/0710
Development Bonds

The council considered the following motion in the name of Councillor S Doyle:
That the transportation section of Kildare County Council, produce maps identifying
disability access routes throughout our towns as part of current or forthcoming traffic management plans. These mapped routes should then be made available on the council website and hard copies displayed in key locations in each town, such as doctor’s surgery, relevant service providers, public spaces etc.

The administrator advised that the Transportation Department would be happy to discuss this proposal further with Councillor Doyle. 

Resolved that the report be noted.


17/0710
Kildare Town Local Area Plan

The council considered the following motion in the names of Councillors O’Donnell and S Doyle:
That the Local Area Plan for Kildare town be advanced immediately with a view to publishing draft in early September 2010, and that this work be prioritised above any non statutory plans for the town.

The administrator read a report from the Planning Department dated 15 July 2010 advising that Manager's reports are currently being prepared for the County, Naas and Athy Development Plans with all Forward Planning staff working on the finalisation of these reports.  In the case of Athy, the Manager's report is due with members by mid-July 2010 and in the case of both the County and Naas, reports are due with members by mid-September 2010.  Added to this staff resources are currently limited, however, back office work will continue on the Kildare plan as resources allow.

Councillor S Doyle requested that a specific date be confirmed for publication of the local area plan for Kildare town.  The Deputy Manager advised that work on the Kildare Town Local Area Plan will be prioritised as soon as resources permit and he anticipated that a Plan would be published by the end of the year.  Councillor Doyle was not satisfied with this response.

Resolved that the report be noted.


 18/0710
Social Housing Waiting List

The council considered the following motion in the name of Councillor McGinley:
That this Council restores the agreed policy when it comes to putting people on the
social housing waiting list. It seems as if the Executive have adopted a "new policy"
whereby applicants are told that their application has been refused as the council has
deemed that they are adequately housed.

The administrator read a report from the Housing Department dated 26 July 2010 advising that the Council assesses applications for social housing in accordance with the Scheme of Letting Priorities adopted on 26 February 2008.  The report referenced the description of eligibility for council housing as outlined in the Scheme.  The report also makes reference to Circular N9/09 ‘Assessment of Housing Need for Rent Supplement Purposes’ issued by the Department of Environment, Heritage and Local Government, which came into effect from 27 July 2009, which outlines what local authorities should include in an assessment of housing need.

Councillor McGinley stated that he had noticed a change in policy in the last number of months adding that some housing applicants have received correspondence from the Executive stating that they are considered to be adequately housed when this is not the case.  Mr Perry stated that decisions with regard to eligibility are determined having regard to information available at the time of assessment.  If applications are incomplete, or full details are not submitted, then this may affect the outcome of the assessment. 

Resolved that the report be noted.


19/0710
Noise Abatement Measures on M4

The council considered the following motion in the name of Councillor McGinley:
That the NRA be asked again for their proposals for the introduction of noise abatement measures on the M4, specifically, when will they be laying a low noise surface from Leixlip Bridge to the Meath border and the erection of noise barriers where there are houses at Leixlip, Maynooth and Kilcock

Councillor McGinley referred to correspondence in relation to this matter which had been sent to the Department of Transportation in July 2009 which, he added, had not resulted in any improvements being made.  He noted that there were no noise barriers on the M4.  The M4 is due to have new surfacing laid in the near future and he asked that noise barriers be retrofitted when this work was being done.  Councillor Griffin stated that silent tarmacadam was needed in addition to the installation of noise barriers along the M4.

A number of other members raised concerns in relation to the lack of noise abatement measures on the M4 and other motorways around the county.  The administrator confirmed that the Director of Services for Transportation would write to the Department of Transport outlining the concerns of the members and asking that action be taken to rectify this problem.

Resolved that the Director of Services for Transportation write to the Department of Transport outlining the concerns of the members in relation to the lack of noise abatement measures on the M4 and problems arising on other motorways in the county in relation to noise.


20/0710
Waste Collection

The council considered the following motion in the names of Councillors Murphy, McEvoy, Kennedy and Moore:
That Kildare County Council investigate existing waste-collection licences or bye-law opportunities for night-time noise limits on waste-collection services in residential areas.

The administrator read a report from the Environment Department dated 14 July 2010 advising that, while noise limitation is provided for in law, it may not be practicable to apply it to waste collection vehicles.  The possibility of controlling night-time noise by specifying operating hours in individual waste collection permits has been considered; but the council does not have a sufficient mandate for this.  The introduction of bye-laws to address the issue is being considered and members will be kept informed of the outcome.  The council's waste management plan is under review and will come before the Water and Environmental Services Strategic Policy Committee in the Autumn.  In addition, the Minister has called for submissions on a draft waste management policy document: the closing date is 1 October 2010.

Councillor Murphy stated that the problem of early morning waste collection was being reported on an on-going basis and suggested that this matter should be addressed in the licensing process.  She asked that draft bye-laws be prepared for consideration at the next meeting of the Council. 

Resolved that the report be noted.

 

21/0710
Visit of Queen Elizabeth of Great Britain

The council considered the following motion in the name of Councillor Scully:
That this council would write to the British Ambassador for Ireland to officially invite her Majesty Queen Elizabeth to visit County Kildare during her proposed official visit to Ireland in 2011
together with the following motion in the name of Councillor Moore:
That Kildare County Council, on behalf of the people of Kildare, would welcome Queen Elizabeth of Great Britain, should she consider a visit to Ireland and County Kildare.

The administrator reported that the arrangements for the proposed visit by the Queen will be decided at national level. If the council so wishes, a request can be made to the Department of Foreign Affairs for a visit to County Kildare.

Councillor Scully stated that given Queen Elizabeth’s great affection for the equine industry it would be very positive for the county to extend an invitation to her to visit.  Councillor Moore endorsed Councillor Scully’s proposal adding that both the equine and tourism industries would benefit were Queen Elizabeth to accept an invitation to visit County Kildare. 

Resolved on the proposal of Councillor Scully, seconded by Councillor Moore, that a letter be sent to the Department of Foreign Affairs extending an invitation to Queen Elizabeth to visit County Kildare should she choose to visit Ireland next year.


22/0710
VAT Charge for Grave Opening

The council considered the following motion in the name of Councillor Miley:
In light of Kildare County Council having to add a VAT charge to grave opening, that the current price would remain and the VAT charge be incorporated.

The administrator read a report from the Environment Department dated 15 July 2010 advising that this matter was considered and the impact of imposition of VAT of 21% on the opening fee of €100 was deemed to be reasonable.

Councillor Miley stated that, given the increased cost of purchasing a grave plot, the VAT charge to be applied to grave openings should be incorporated into the current change.  A number of members voiced their objections to the imposition of a grave opening charge on top of the cost of purchasing a plot. 

The administrator stated that the charges imposed went towards the cost of providing the burial ground service.  He added that graves can only be opened under the control of the local authority.  Noting the comments of the members the administrator agreed that the structure of charges associated with graves can be reviewed.

Resolved on the proposal of Councillor Miley, seconded by Councillor S Doyle, that the current structure of charges associated with graves be reviewed.

Resolved on the proposal of Councillor Griffin, seconded by Councilor S Doyle, that standing orders be suspended for 10 minutes to enable the meeting to continue until 6.10pm.


23/0710
Business Incubation Centres

The council considered the following motion in the name of Councillor Heydon:
That Kildare County Council examine ways in which, working in conjunction with state agencies, it can provide business incubation centres and equivalent support services, for entrepreneurs and start up businesses, in parts of the county that have increasing levels  of unemployment but where such services are presently lacking.

The administrator read a report from Economic Development dated 22 July 2010 advising that the council, through Economic Development Section, County Enterprise Board and the County Development Board, will continue to work with all the relevant state agencies to support employment creation throughout the county.  It should be noted that while the provision of business incubation centres may be desirable, existing enterprise centres, in Kildare and in other counties, are struggling to retain clients and fill vacant units due to the ready availability of commercial units, at very competitive rates, from the private sector. 

Councillor Heydon referenced the live register figures recently announced for County Kildare and noted that there was no incubation centre to assist with starting up business in the county.  He added that it was not just a premises that was required, but a range of services which would assist a business to get started.  He suggested that the Council take a lead role in resolving this issue.

Resolved that the report be noted.

 

24/0710
Votes of Sympathy

The Mayor and members expressed sympathy with the following on their recent bereavements:

Edel Boland, Planning Department, on the death of her father.
John Doyle, Kildare Area Office, on the death of his brother.
Family and friends of the late Colm McCoy, former Olympian and Kildare footballer.

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The meeting concluded.