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Minutes - Kildare County Council - 3062003

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had been agreed by the members on two separate occasions and that he is negotiating the best price he can get in relation to the lease-back arrangement.

    KILDARE COUNTY COUNCIL

    MINUTES OF MONTHLY MEETING OF KILDARE COUNTY

    COUNCIL HELD AT BALLINDOOLIN HOUSE, CARBURY ON THMONDAY 30 JUNE, 2003 AS ADOPTED

    Members present: Councillors Jim Reilly (Mayor), T. Conway, J. Dardis, F. Dukes, M.

    Fitzpatrick, M. Glennon, S. Griffin, R. Hendy, W. Hillis, J.Keane,

    A. Lawlor, A. McEvoy, J. McGinley, C. Murphy, S. O’Fearghaíl, J.

    O’ Neill, E. Stagg, J. Wall and K. Walsh.

    Apologies: Councillor G. Conway, P. Kelly, M. Miley, F. O’Loughlin, S.

    Power, and P.J. Sheridan.

    Also Present: Mr. Niall Bradley, County Manager, Mr. T. Skehan, Director of

    Planning and Public Safety, Mr. P. Minnock, Director of Corporate

    and Cultural Affairs, Mr. J. Lahart, Director of Housing and Water

    Services, Mr. J. Boland, Director of Transportation and

    Environment, Mr. E. O’Sullivan, Finance Officer, Mr. A.C. Talbot,

    meetings administrator and other officials.

    The Mayor welcomed the members to Ballindoolin House, Carbury which is run by the Maloney family. Mr. David Maloney thanked the members for their attendance and outlined the history of the house. Councillor O’Fearghail thanked the Mayor for inviting the Council to hold its meeting in north west Kildare.

    Minutes

    01/0603

     thAdjourned Monthly Meeting 19 May, 2003

    The minutes of the above meeting were confirmed and taken as read on the proposal of Councillor Hillis, seconded by Councillor Wall.

     thMonthly Meeting of 26 May, 2003

    The minutes of the above meeting were confirmed and taken as read on the proposal of Councillor Hillis, seconded by Councillor Wall.

     thSpecial Meeting of the Council of 9 June, 2003

    The minutes of the above meeting were confirmed and taken as read on the proposal of Councillor Hillis, seconded by Councillor Wall.

The progress report was noted.

     thMinutes of Monthly Meeting of Kildare County Council of the 30 June, 2003

    1

    Committee Minutes

    02/0603

     thKildare Area Committee 6 May, 2003

    The minutes were confirmed and taken as read on the proposal of Councillor O’Neill, seconded by Councillor Keane.

     ndLeixlip Area Committee 2 May, 2003

    The minutes were confirmed and taken as read on the proposal of Councillor Murphy, seconded by Councillor McGinley.

     ththththCelbridge Area Committee 10 January, 2003, 14 March, 2003, 11 April, 2003 and 9

    May, 2003

    The minutes were confirmed and taken as read on the proposal of Councillor Stagg, seconded by Councillor Walsh.

     thKildare County Library and Arts Committee 12 February, 2003

    The minutes were confirmed and taken as read on the proposal of Councillor Glennon, seconded by Councillor Stagg.

     stLocal Traveller Accommodation Consultative Committee 31 January, 2003

    The minutes were confirmed and taken as read on the proposal of Councillor Stagg, seconded by Councillor Glennon.

    Matters arising from the Minutes

    03/0603

Odours in Leixlip

    Councillor Stagg raised this issue and confirmed that work carried out to date has been ineffective and that the matter requires urgent attention. Mr. Lahart confirmed that a number of initiatives had been undertaken, and the situation will be monitored and further work will be carried out.

Kildare By-Pass

    Councillor O’Fearghail raised this issue indicating that the work is proceeding faster than had been expected and congratulated the contractor on the speed at which the contract is being carried out. He advised that when the Kildare By Pass construction commenced the members were assured that any enhancement proposals for the town, including the O’Neill Plan, would be implemented unlike the situation in Naas and Kilcullen. The members were assured that finance would be provided as part of the by pass project, however, a number of weeks ago, they were advised by the Director of Transportation and Environment that no finance had been included and the members were extremely disappointed at this. He indicated that as the Monasterevan By Pass project is being undertaken it is essential to ensure that money for works in the town are included as part of the overall by pass cost. Councillor Murphy said that the same issue had arisen in relation to Maynooth, Leixlip and Celbridge where not enough money was provided to carry out works in the towns.

     thMinutes of Monthly Meeting of Kildare County Council of the 30 June, 2003

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    The meetings administrator advised that Kildare County Council had looked for funding to carry out work in towns that had been affected by by-passes and that the O’Neill plans

    were long-term plans to provide a blue print for the years to come, and it was never intended that these plans would be implemented in full on completion of by passes. The Manager indicated that money for by passed towns had been provided in the past and there is a need now to establish if money is not now available why this is so and whether this has been as a result of a change in policy.

    The Manager introduced Mr. Joe Boland the new Director of Transportation and Environment who undertook to look at this matter and report to the Council at its next meeting. Mr. Boland was welcomed by the Mayor and members, and the appointment of Mr. Des Page as Director of Community and Enterprise was also welcomed.

    Local Government Act 2001 (Section 85)

    Agreement with Carlow County Council

    4/0603

     thThe members considered the report of the 18 June, 2003 issued in relation to this matter.

    The proposed Section 85 Agreement with Carlow County Council is in response to the Department of the Environment and Local Government strategy advocating that the provision of water treatment and disinfectant facilities in privately sourced group water schemes be based on design, build and operate procurement, coupled with the bundling of a number of schemes under a single contract. In this regard the counties of Carlow, Kilkenny, Wexford, Wicklow, Laois and Kildare are coming together to be known as the South Eastern Region and the lead authority in this will be Carlow County Council. The improvements will cater for approximately 5,000 houses where water supply is presently below quality standard. A number of schemes in County Kildare have made provisional expressions of interest in participating in this, and the current expressions of interest represents 504 houses with a population catchment of 2,140. The approval of the members to the making of the agreement with Carlow County Council was sought.

    Resolved on the proposal of Councillor Wall, seconded by Councillor Hillis, that Kildare County Council enter into a Section 85 Agreement with Carlow County Council to allow Carlow County Council to undertake the statutory functions (excluding planning functions) relating to the procurement of water treatment and disinfectant facilities for the South Leinster DBO Bundle.

     thMinutes of Monthly Meeting of Kildare County Council of the 30 June, 2003

    3

    Planning and Development Act 2000

    Part V111 Planning and Development Regulations 2001

    05/0603

(a) Curragh/Cut Bush Waste Water Treatment Plant

    The members considered the report prepared in accordance with Planning and thDevelopment Regulations 2001 dated 19 June, 2003 endorsed by the County Manager in

    relation to the proposal for a new waste water collection and disposal facility for the Curragh and its surrounding areas. These areas include Suncroft, Cut Bush, Brownstown, Maddenstown and the Curragh Camp. The report set out a description of the works, the implication of the works for the proper planning and development of the area, a list of bodies who were informed in accordance with the Planning and Development Regulations 2001, a list of the people from whom submissions had been received, the issues raised in the submissions and the responses thereto. The report concluded that having regard to the acceptability of the proposal to Duchas, the environmental benefits of the development which will result in the removal of the two continuous effluent outfalls that discharge to the land drain system on the Curragh, together with a reduction in the number of treatment plants at this location, and the reduction in land take for sewerage infrastructure on the Curragh, it is recommended that the proposed development should generally proceed subject to a number of conditions which were also outlined.

    Councillor O’Neill, seconded by Councillor Dardis, proposed that the water scheme be extended to Blackrath and this was agreed. Councillor O’Fearghail requested confirmation of whether the submission by Friends of the Environment had delayed the process and sought a date for the work to begin. Mr. John Murphy confirmed that An Bord Pleanala have been requested by Friends of the Environment to require the local authority to carry out an Environmental Impact Statement to ascertain the effects on the River Liffey. The Board has been advised by the Council that this was done as part of the Environmental Impact Statement for Osberstown Waste Water Treatment Plant. He confirmed that tenders have been sent to the Department of the Environment and Local Government and it is hoped that work will commence in three months time.

    Resolved on the proposal of Councillor O’Neill, seconded by Councillor Dardis, that the works proceed in accordance with the report.

(b) Road maintenance depot at Newbridge Industrial Estate thThe members considered the planning report of the 14 May, 2003 endorsed by the

    County Manager in relation to the proposal for an industrial unit for use as a warehouse and vehicle storage, canteen, office, employee locker room and general sanitary facilities and associated site works at Newbridge Industrial Estate. The report outlined the description of the development, its implications on the Development Plan for the area and confirmed that no submissions or objections had been received in connection with the proposal. The proposal was recommended subject to a number of conditions which were outlined in the report.

Resolved on the proposal of Councillor O’Neill, seconded by Councillor Dardis, that the

    works proceed in accordance with the report.

     thMinutes of Monthly Meeting of Kildare County Council of the 30 June, 2003

    4

    Disposal of Land

    06/0603

(a) Hugh and Siobhan Sweeney, 1283 Highfield Park, Kilcock thThe Council considered statutory notice dated, 6 June 2003 which had been

    circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of premises known as 1283 Highfield Park, Kilcock to Hugh and Siobhan Sweeney in consideration of the current value of rented equity updated in line with inflation at the date of redemption of the Shared Ownership Loan pursuant to the conditions under which the Shared Ownership loan in respect of the premises was granted.

    Resolved on the proposal of Councillor Stagg, seconded by Councillor Keane, pursuant to Section 183 of the Local Government Act, 2001 that the Council consent to

     the disposal in accordance with the terms of the statutory notice.

(b) Fiona Kenny, Carbury thThe Council considered statutory notice dated, 6 June 2003 which had been

    circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of premises at Carbury, Co. Kildare to Fiona Kenny in consideration of the current value of rented equity updated in line with inflation at the date of redemption of the Shared Ownership Loan pursuant to the conditions under which the Shared Ownership loan in respect of the premises was granted.

    Resolved on the proposal of Councillor Stagg, seconded by Councillor Keane, pursuant to Section 183 of the Local Government Act, 2001 that the Council consent to the disposal in accordance with the terms of the statutory notice.

(c) Angela Nolan, 21 Oaklawn, Carlow Road, Athy thThe Council considered statutory notice dated, 6 June 2003 which had been

    circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of premises known as 21 Oaklawn, Carlow Road, Athy to Angela Nolan in consideration of the current value of rented equity updated in line with inflation at the date of redemption of the Shared Ownership Loan pursuant to the conditions under which the Shared Ownership loan in respect of the premises was granted.

    Resolved on the proposal of Councillor Stagg, seconded by Councillor Keane, pursuant to Section 183 of the Local Government Act, 2001 that the Council consent to the disposal in accordance with the terms of the statutory notice.

(d) Eric and Carol Giblin, 122 Coill Dubh, Naas thThe Council considered statutory notice dated, 6 June 2003 which had been

    circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of premises known as 122 Coill Dubh, Naas to Eric and Carol Giblin in consideration of the current value of rented equity updated in line with inflation at the date of redemption of the Shared Ownership Loan

     thMinutes of Monthly Meeting of Kildare County Council of the 30 June, 2003

    5

    pursuant to the conditions under which the Shared Ownership loan in respect of the premises was granted.

    Resolved on the proposal of Councillor Stagg, seconded by Councillor Keane, pursuant to Section 183 of the Local Government Act, 2001 that the Council consent to the disposal in accordance with the terms of the statutory notice.

(e) Deirdre Casey, 63 Coill Dubh, Naas thThe Council considered statutory notice dated, 6 June 2003 which had been

    circulated to the members under Section 183 of the Local Government Act, 2001 signifying intent to dispose of premises known as 63 Coill Dubh, Naas to Deirdre Casey in consideration of the current value of rented equity updated in line with inflation at the date of redemption of the Shared Ownership Loan pursuant to the conditions under which the Shared Ownership loan in respect of the premises was granted.

    Resolved on the proposal of Councillor Stagg, seconded by Councillor Keane, pursuant to Section 183 of the Local Government Act, 2001 that the Council consent to the disposal in accordance with the terms of the statutory notice.

(f) Property known as “St. Mary’s”, Naas

    The meetings administrator referred to the Section 183 notice which had issued and advised the members to note an amendment to the statutory notice indicating that it be a condition of the transaction that the Health Board will lease the premises to the Council until the completion of the new offices at Devoy. Councillor Dardis requested details of how much the Council will be paying for this lease and the Manager advised that this is subject to negotiation at present. Councillor Murphy requested confirmation of when the money will be paid to Kildare County Council and Councillor Conway requested confirmation of when Naas Town Council will be paid for the land at Devoy.

    Mr. Eamonn O’Sullivan advised that the contracts are almost complete and that it is hoped that the sale will be completed in a couple of weeks following which a cheque will issue to Naas Town Council.

Councillor Stagg opposed the proposal to sell the site at St. Mary's, and Councillor thO’Fearghail proposed that the item be deferred to the Annual General Meeting on 7 July.

    The Manager advised that the Section 183 notice was putting in place a formal proposal that had been agreed by the members on two separate occasions and that he is negotiating the best price he can get in relation to the lease-back arrangement. There are a number of operational matters including parking which he and the Chief Executive Officer of the Health Board have yet to agree upon. A number of councillors raised the issue of the cost of the lease indicating that they were not willing to proceed with consideration of the disposal of St. Mary’s until this figure was known. A lengthy debate ensued with

    contributions from Councillor Stagg, McGinley, Hendy, Dardis, Hillis, O’Fearghail, Conway, Murphy, Dukes, Mr. O’Sullivan and the County Manager.

    Councillor Hendy seconded by Councillor Hillis proposed that the members proceed and take the decision at the meeting.

     thMinutes of Monthly Meeting of Kildare County Council of the 30 June, 2003

    6

Councillor O’Fearghail, seconded by Councillor Stagg, proposed that the members defer ththe decision until the Annual Meeting on the 7 July.

    Mr. O’Sullivan assured the members that he would advise them of the details of the agreement in advance of the conclusion of the sale. Councillor Hendy’s proposal was put to the meeting with four members voting in favour, and ten members voting against. It thwas agreed to list the Section 183 for consideration at the meeting on the 7 July.

    To approve Litter Management Plan

    07/0603

    The members were advised that in response to the points made at the last Council meeting four amendments to the plan have been made following consideration of the issues by the Environment and Services Strategic Policy Committee. This included amendments in relation to litter bins, the “name and shame” policy, litter bin grants scheme, and “bring banks”. The other issues raised by the members are of an operational nature and will be addressed as they arise.

    Councillor Dardis asked if the plan has any jurisdiction in relation to public events and what action can be taken regarding littering as a result of such events. Mr. Maddock indicated that a strategy to deal with litter can be incorporated into an events licence.

    Councillor Stagg referred to the thousands of cans that were littering the roadside from Newlands Cross to Naas and asked what could be done to deal with this. Councillor Stagg indicated that some of the indigenous travelling families living near Laraghbryan Cemetery have offered to help clean up the litter at the graveyard. He pointed out that these people were not involved in causing the litter problem, but were willing to give the Council assistance. Mr. Maddock accepted with thanks the offer of the travelling families to help clean up the area at the graveyard.

    Resolved on the proposal of Councillor O’Fearghail seconded by Councillor O’Neill that the litter management plan be adopted.

    Peatland World

    08/0603

     thThe Manager circulated a report to the members as requested at the meeting of the 9

    June indicating that he had explored the issues relating to the sale and possible redevelopment of the Peatland World Complex in Lullymore.

    The report set out details of the elements of the project and the exploratory discussions that had been held and outlined that the key considerations dealt with during the examination of the issues included final and coherent focus for the project, mechanisms for community involvement, possible participants, identification and sourcing of resources, the role of Kildare County Council and the viability of the project. The thManager indicated that on the assumption that the auction will proceed on the 10 July,

    2003, and having regard to the desirability of exploring all potential beneficial uses of the

     thMinutes of Monthly Meeting of Kildare County Council of the 30 June, 2003

    7

    Peatland World facility, it was his intention that his initial recommendations would be as follows:-

    1. Teagasc be requested to transfer Peatland World and the associated land

    containing the enterprise units in trust to Kildare County Council

    2. A Working Group be established immediately under the aegis of the Community

    and Enterprise Department to explore all relevant options with particular relevance

    to peatland conservation and input by the Irish Peatland Conservation Council 3. A time limit of six months be placed on submission of a comprehensive report

    evaluating the options, setting out potential organisational and working

    arrangements, possible sources of finance and methods by which community

    involvement can be faciliated.

    4. This matter will then only proceed further on the basis of a clear, workable

    strategy properly resourced and supported by all relevant partners: of considerable

    significance in this regard is the interest expressed by the Irish Peatland

    Conservation Council.

    5. If the foregoing cannot be achieved, Teagasc to be so advised at the expiration of

    the six month period and it then be open to that body to dispose of Peatland World

    building and enterprise units as they see fit. In the interim, Peatland World will

    continue to operate as an entity.

    However, in discussions with Teagasc representatives it emerged that having regard to Teagasc board decisions it is not possible at this stage for that body to transfer the buildings and land to Kildare County Council in trust and that a firm offer, close to the guide price of ?275,000 would be necessary.

    Given the range of issues to be clarified and examined as outlined above, and the necessity of the six month interim period to enable the production of a comprehensive feasibility/viability study, he confirmed that he could not recommend the purchase of the buildings and land at this stage.

    He advised that local interests are concerned to maintain Peatland World and have expressed an interest in purchase. Should this scenario materialise, opportunities may exist for County Council involvement in the future and consideration can be given to facilitating the evaluative process referred to earlier.

    A lengthy discussion ensued with contributions from Councillor Dukes, Wall, T. Conway, Murphy, Hendy, McEvoy, Fitzpatrick, Stagg, O’Fearghail and Dardis. The members thanked the County Manager and staff for their efforts and the compilation of the report. All supported the retention of Peatland World in public ownership and praised the community initiative that began the project. The staff of the centre were commended for their work, and it was pointed out that it would be difficult to assemble such a collection of artifacts in the future. It was confirmed that Teagasc had been requested to consider the sale of offices in Naas rather than the sale of Peatland World, and a number of members supported this initiative. It was also confirmed that the East Coast and Midland Tourism Board had offered to transfer the Robertstown Hotel to Waterways Ireland, and if this was accepted it would be easier for the proposal as outlined by the Manager to be realised. The support of the community for retention of Peatland World was noted.

    The Manager advised that the report was a considered view and that it would take at least six months to come up with a workable plan in relation to retention of Peatland World.

     thMinutes of Monthly Meeting of Kildare County Council of the 30 June, 2003

    8

    He was in no doubt that if Kildare County Council headed this initiative, other agencies would come on board, however, he advised that he could not recommend to the Council that it purchase the property in order to have it put in trust in the County Council’s name so that a revaluation could be undertaken. The Council would also then have to undertake the running costs of the centre until a decision was made on how to proceed in the future.

    Councillor Wall, seconded by Councillor Stagg, proposed that the County Manager put his proposal to Teagasc to transfer the land to Kildare County Council in trust for six months to allow for a valuation of its proposal for Peatland World.

    Councillor McEvoy, seconded by Councillor Dardis, proposed that Kildare County Council buy the property on the understanding that if there is a failure on the part of the people in the locality to support the running of this project within six months then it be sold.

    The Mayor put the first proposal to the meeting and it was carried with eleven members voting in favour, none voting against and none abstaining. It was further confirmed that all relevant parties would be sent a copy of the report.

    Appointment of Cathaoirligh to Strategic Policy Committees

    09/0603

    The meetings administrator advised of the receipt of the resignation of Councillor Griffin as Cathaoirleach of the Environmental and Services Strategic Policy Committee and of Councillor T. Conway as Cathaoirleach of the Economic Planning and Development Strategic Policy Committee. It was noted that Councillor Griffin and Councillor Conway thanked named members of staff for their work in relation to the Strategic Policy Committee process. Councillor McGinley congratulated Councillor Griffin on the way he chaired the Strategic Policy Committee and noted his disappointment that he has decided to resign.

    Resolved on the proposal of Councillor Hendy, seconded by Councillor Griffin, that the appointment of Cathaoirligh be deferred until the next meeting.

    To adopt Newbridge parking bye-laws

    10/0603

Resolved on the proposal of Councillor Dardis, seconded by Councillor O’Neill, that this thmatter be discussed again at the Kildare Area Meeting on the 7 July and be listed on the thagenda for the Annual General Meeting on 7 July. Councillor Stagg requested that the

    Celbridge Parking bye-laws to which Motion No. 24 relates be brought before the July meeting of the Council, and this was agreed.

     thMinutes of Monthly Meeting of Kildare County Council of the 30 June, 2003

    9

    To note Housing Construction Progress Report

    11/0603

The members raised a number of issues including the following:

    ; The allocation of houses in Sallins and that members had not been advised of the

    allocations meeting

    ; Concern as to whether there is a change in the practice of holding meetings with

    members who can provide local knowledge that staff may not be aware of

    ; Concern at the lack of progress in relation to housing starts

    ; Why have the 20 house purchases which have been approved not been completed

    ; To what do the 10 homeless units refer?

    ; Slippage can not be allowed in the number of starts this year

    ; What percentage of the targets had been reached by June

    ; The report on the management of emergency housing at Easton Road, Leixlip has not

    yet issued to members

    ; People are allocated houses on the basis of the points system and not on the basis of

    councillors’ representations, however, this is not the perception in the public arena

    ; How many houses have been allocated under Part V of the Planning and Development

    Act 2000?

    ; Have tenders been invited for private sites?

    The Manager advised that the practice of special area meetings to discuss housing is being looked at and members will be advised of the outcome. Mr. Lahart confirmed that there had been no significant slippage on the targets for proposed house starts set out for 2003 and that completions to date are 100 which is well on target. He advised of his concern over the Newbridge site which is on appeal to An Bord Pleanala and that if this scheme was to fall, schemes have been identified for next year which will be brought forward to replace the Newbridge scheme. He further confirmed that the Department of the Environment and Local Government have indicated that they will allow 20 purchases in current circumstances and that the 10 homeless units referred to the housing schemes at Easton and Ballymakealy. He advised that he is confident that tenders can be invited and processed quickly. Expressions of interest have been sought and as soon as department approval is received a short list of tenders will be sought. He advised that in relation to the Part V, 500 units are in the system at various stages of planning and that pre-planning is the first indication that a Part V may arise. The Part V is a condition in planning permissions, and the council have no control as to when or whether the developer decides to proceed with the development. He confirmed that the housing section is continuing to aim for the targets set out in the housing construction programme for the current year.

The report was noted.

    Mayor’s Business

    12/0603

    The Mayor proposed a vote of sympathy with Tom Stephens, Machinery Yard Section, on the death of his mother and with Brian Swan, Architect’s Section, on the death of his aunt.

     thMinutes of Monthly Meeting of Kildare County Council of the 30 June, 2003

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