KILKENNY COUNTY COUNCIL - COMHAIRLE CHONTAE CHILL CHAINNIGH
Agenda for the Ordinary Meeting of Kilkenny County Council to be held on Monday 21st July, 2008 at 3 p.m. in Council Chamber, County Hall, John Street, Kilkenny.
Clár do Ghnáth-Chruinniú Chomhairle Chontae Chill Chainnigh le reachtáil ar an Luan 21st  Lúl 2008 ar a 3.00 i.n. i Seomra na Comhairle, Halla an Chontae, Sráid Eoin, Cill Chainnigh.

1.            Confirmation of Minutes - Dearbhú Miontuairiscí:
(a)     Minutes of Ordinary Meeting of Kilkenny County Council held on 16th June, 2008 (copy of minutes attached)
(b)     Minutes of Annual Council Meeting held on 30th June, 2008. (copy of minutes attached)
(c)      Minutes of Kilkenny Electoral Area Meeting held on 12th May, 2008 (copy of minutes attached) 
(d)     Minutes of Thomastown Electoral Area Meeting held on 22nd May, 2008 (copy of minutes attached)
(e)     Minutes of Housing & Social Strategic Policy Committee Meeting held on 24th June, 2008 (copy of minutes attached)
(f)     Minutes of Strategic Policy Committee 2 – Infrastructure, Transportation, Water Services & Other Policy Issues Meeting held on 4th July. 2008 (copy of minutes attached)
(g)     Minutes of Kilkenny Electoral Area Meeting held on 7th July, 2008 (copy of minutes attached)

2.     Business prescribed by Statute, Standing Orders or Resolutions of the Council.- Gnó forordaithe do réir Reachtaíochta, Orduithe Seasta, nó Rúin an Chomhairle.         
 (a)    Housing & Other Disposal - Tithíocht & Díuscairt Eile
   Other Disposal -Díuscairt Eile
(i)      “That Kilkenny County Council hereby approves of the disposal of its interest in land at Hebron Road Industrial Estate, Hebron Road, Kilkenny to O’Brien Investment Holdings Limited, Unit 28, Hebron Industrial Estate, Kilkenny in accordance with details contained in the Notice served under Section 183 of the Local Government Act, 2001”.   (Notice sent to members on the 10th July, 2008).         

(ii)      “That Kilkenny County Council hereby approves of the disposal of its         interest in land at New Orchard, Kilkenny to Maurice and Helen Farrell,          39, New Orchard, Kilkenny in accordance with details contained in the      Notice served under Section 183 of the Local Government Act, 2001”.             (Notice sent to members on the 10th July, 2008).       

(iii)     “That Kilkenny County Council hereby approves of the disposal of its interest in land at Graiguenamanagh, Co. Kilkenny to Philip Cushen, Graiguenamanagh, Co. Kilkenny in accordance with details contained in the        Notice served under Section 183 of the Local Government Act, 2001”.  (Notice sent to members on the 10th July, 2008).     

(iv)     “That Kilkenny County Council hereby approves of the disposal of its interest in land at Brookfield, Ballyragget, Co. Kilkenny to Pierce Malone, 25, Brookfield, Ballyragget, Co. Kilkenny in accordance with details contained in the Notice served under Section 183 of the Local Government Act, 2001”. (Notice sent to members on the 10th July, 2008).       

(b)     Planning – Pleanáil
(i)      Notification under Planning & Development Act 2000 – Material Contravention of Kilkenny County Development Plan 2002 & Mullinavat Local Area Plan, 2006. Planning Application Ref No. in Planning Register P07/2119. John & Mary Enright Lands at Deerpark, Mullinavat, Co. Kilkenny. (Report attached)
(ii)      Proposed Additions to the Record of Protected Structures. (Report already circulated to Councillors 9th July, 2008)
(iii)     “Woodstock Local Area Plan – Consideration of Managers Report following public display of the Draft Plan (report and submissions attached)
(iv)     Development Work to Playing Pitches and Athletics Track at Scanlon Park Sports Complex under Section 179 (3) of the Planning & Development Act, 2000. (report already circulated 7th July, 2008)  

(c)        Environment –Comhshaol
(i)    Joint Waste Management Plan for the South East Region – Introduction of Three Bin Refuse Collection Services (report to follow)
(d)     Roads – Bóithre
(i)    Section 85 Agreement under the Local Government Act 2001 for the proposed R697 Kells Road Improvement Scheme.(Notification attached)  
(ii)   Part 8 Planning Report for the Proposed R697 Kells Road Improvement Scheme. (report attached)
(iii)     Extinguishment of Public Right of Way under Section 73 of the Roads Act, 1993 – County Road No. LT10194 in the Townland of Newtown, Kells (Notification attached)
(iv)     Taking in Charge of Housing Estates Declaration of roads to be a Public Road (Notification attached)
(v)      Proposed Taking in Charge of Estates – Section 11 of the Roads Act, 1993. (Notification attached)
(e)     Corporate Affairs - Gnóthaí Corparáideacha  
(i)       Electoral Area Changes. (report attached)
(ii)      Resignation from the HSE Advisory Group - Cllr. Marie Fitzpatrick.
Vacancy to be filled caused by Resignation of Cllr. Marie Fitzpatrick from the HSE Advisory Group  

1. Update on De-Centralisation.
2. Resignations on SPC Committees
   1. Cllr. Mary Hilda Cavanagh from SPC 5
   2. Cllr. John Brennan from SPC 3
   3. Cllr. Martin Brett from SPC 4

Appointments onto SPC Committees

1. 1. Cllr. Mary Hilda Cavanagh to SPC 2
   2. Cllr. Martin Brett to SPC 3
   3. Cllr. John Brennan to SPC 5

Appointment of Following Councillors to the Chairs of the following SPC’s.

1. 1. Cllr. Mary Hilda Cavanagh to SPC 2
   2. Cllr. Martin Brett to SPC 3

3.    Urgent Correspondence - Comhfhreagras Práinneach

4.     Business adjourned from a previous Meeting - Gnó ar athló ó chruinniú   roimhe  seo:

5.    Fix Dates and Times of Meetings - Dátaí agus Amanta do chruinnithe a shocrú:
Schedule of meetings from July – September  (Attached).  

6.     Consideration of Reports and Recommendations of Committees of the Council - Plé ar Thuairiscí agus Moltaí ó Choistí an Comhairle:
(a)  Report of Callan Electoral Area Meeting held on 15th May, 2008 (Deferred from June Council Meeting)
(b)   Report of Piltown Electoral Area Meeting held on 23rd May, 2008 (Deferred from June Council Meeting )
(c)    Report of Kilkenny Electoral Area Meeting held on 12th May, 2008 (copy of report to follow)
(d)   Report of Thomastown Electoral Area Meeting held on 22nd May, 2008 (copy of report attached)
(e)   Report on Housing & Social Policy Strategic Policy Committee Meeting held on 24th June, 2008 (copy of report attached)
(f)    Report on Strategic Policy Committee No. 2 – Infrastructure, Transportation, Water Services and other Policy Issues meeting held on 4th July, 2008 (copy of report attached)
(g)   Report on Kilkenny Electoral Area – 7th July, 2008 (copy of report attached)

7.      Other Business set forth in the Notice convening the Meeting -
Gnó Eile romhainn i bhFógra reachtála an Chruinnithe  

8.        Education & Training
(a) Conferences – Request for approvals to attend as per circulated list.
(b) Summary of Proceedings at Conferences have been received from          

Councillor	Date of Conference	Title of Conference
Maurice Shortall	7th July 2008	IPA Regional Seaminar on Local Government Reform
John Brennan	20th June,2008	Carlow Tourism Conference
Marie Fitzpatrick	29th June-7th July	Synge Summer School

9.       Matters Arising from Minutes - Gnótha ag éirí as Miontuairiscí

10.      Any Other Business - Aon Ghnó Eile

11.     Notices of Motion - Fógraí Rúin:
6(08) Cllr. Maurice Shortall – 8th July, 2008.
“That Kilkenny County Council invoke the necessary By-Laws to prohibit the consumption of alcohol in public places in the town and environs of Castlecomer”.

7(08) Cllrs. Maurice Shortall, Michael O’ Brien, Ann Phelan, Marie Fitzpatrick, Tomas Breathnach, Malcolm Noonan  8th July, 2008
“That Kilkenny County Council seek an immediate deputation to the Minister for the Environment, Heritage and Local Government to outline the serious effect on the people of Kilkenny City and County arising from the cutbacks in the Grants for Older People”.

8(08) Cllrs. Malcolm Noonan & Paul Cuddihy – 9th July, 2008
“That Kilkenny County Council is totally opposed to the illegal detention, transfer and torture of prisoners in all circumstances. There is never a legitimate reason for illegal detention, transfer and torture of anyone. Kilkenny County Council commits to ensuring that our community is a Rendition-Free  Zone effective immediately. To this end Kilkenny County Council will ensure that where there is reason to believe that activities aimed at carrying out such activities as rendition or associated operations the relevant law enforcement authorities will be notified, and public records of all such notifications will be maintained. The human rights of all individuals must be upheld, protected and promoted at all times. Kilkenny County Council will endeavour to ensure that our community leads the way in upholding the human rights of all people within our jurisdiction. Kilkenny County Council call on the Department of Justice to support Amnesty International’s “Counter Terror with Justice” campaign and work with other EU Member states to seek an end to extraordinary rendition and detention”.

12. Notices of Motion from other local authorities seeking support of Kilkenny County Council County   Council - Fógraí i dtaobh Rúin ó Údaráis Áitiúla eile ag lorg tacaíochta ó Chomhairle Chontae Chill Chainnigh:

• 15(08) Limerick County Council
  “That Limerick County Council oppose any attempt by the Minister for the Environment, Heritage and Local Government to restrict, impede or prevent housing developments in towns, villages and settlements that do not have Local Area Plans and, further that the Council will seek the support of other local authorities and Oireachtas members in Co. Limerick to ensure that this is not allowed to happened”.
• 16(08) Clonmel Borough Council – 22nd April, 2008
  “That Clonmel Borough Council ask the Minister for the Environment to overhaul the current driving test, as the current failure rate of 50% is not acceptable and that Cahir Testing Centre or another suitable venue be opened in order to reduce the current waiting time to sit a test which is 6 months or more at present and that this motion be circulated to all Local Authorities”
• 17(08) Passage West Town Council – 22nd April, 2008
  “A large portion of motorcycle accidents resulting in serious injury and death are directly related to road conditions and in particular to road repairs. In light of this I would call on this town council and all other council’s throughout Ireland to insist that road works be finished to a high standard for all road users, and that in particular the practice of “bedding in” new surfaces be stopped, and adequate warning of roadworks be monitored on a daily basis”.
• 18(08) Limerick County Council – 9th May, 2008
  “That Limerick County Council calls on the Minister for Agriculture and Food and the Government to strongly oppose the proposals of EU Trade Commissioner, Peter Mandelson, to reform the Common Agricultural Policy and the Council also calls on the Minister for Foreign Affairs, by the instruction of his Cabinet under the Taoiseach, to use the Government’s veto if necessary”.
• 19(08) New Ross Town Council – 15th May, 2008  
  “That this Council calls on the Minister for the Environment to allow local authorities to decide housing policy in their respective areas and that we further call on the minister to ensure that the acquisition of land banks for social housing continues as a central plank of housing policy at a local level”.
• 20(08) Macroom Town Council – 28th May, 2008
  “That we never forget the appalling tragedy of the Famine, the people who died, those who had to leave our shores in search of new life and to escape the terrible tragedy of Ireland at that time. In our dramatically changing Ireland it is very important that we remember the history of our country, therefore Macroom Town Council proposes that on an annual basis perhaps one of the Public Holiday Monday’s be set aside as Famine Remembrance Day”.
• 21(08) Macroom Town Council – 28th May, 2008
  “That Macroom Town Council call on the Minister for the Environment, Heritage and Local Government to change the law regarding the payment of refuse charges in private rented accommodation. At present, this is the duty of the tenants and not the landlord. In a lot of cases the tenants do not have long-term contracts, so why should they pay annual refuse charges. If a refuse service is provided to tenants, they will use it. A small increase in tenants rent would off-set the cost to landlords. Fly tipping has become a major national problem and this Council believes that a change in this law would greatly reduce this problem”.
• 22(08) Listowel Town Council – 11th June, 2008
  “That we the Town Council put in place a policy that all our future housing stock for our elderly/living alone be fitted with a “peep-hole” in their front doors, in doing so giving these tenants a sense of independence and security”.
• 23(08) Dun Laoghaire- Rathdown County Council – 13th June, 2008
              “That this Council views with concern any attempt to introduce “Fixed Odds Betting Terminals” (F.O.T.B’s) into bookmakers shops, because of the addictive nature of this type of betting and calls on the Minister for Finance and the Government not to allow their introduction and that Local Authorities exercise any veto they have in legislation to prevent their installation”.
• 24(08) Laois County Council – 17th June, 2008
  “That Laois County Council call on the Minister for the Environment, Heritage and Local Government Mr. John Gormley, T.D., to consider a deposit on all bottles and cans which contain beer, wine and spirits and refund the deposit when the bottles and cans are presented to any store which sell them”.
• 25(08) Sligo County Council – 23rd June, 2008
              “That Sligo County Council fully supports the continuation of the cancer campaign and calls on the Government and the HSE to support the proposal that Sligo General Hospital would extend its catchment area so as to allow the hospital to retain and further develop the cancer surgical and diagnostic services at Sligo General Hospital and all cancer care service including radiotherapy”.
• 26(08) Limerick County Council – 27th June, 2008
              “That, Limerick County Council calls on the Taoiseach and the Minister for and Social and Family Affairs to further increase the fuel allowance to help alleviate the effects of recent and future price increases on the elderly”.
• 27(08) Offaly County Council – 27th June, 2008
  “That this Council calls on the Minister to increase the subvention payment for people in private nursing homes to reflect the current costs of patient care”.
• 28(08) Offaly County Council – 27th June, 2008
  “That Offaly County Council call on the Minister for Justice, Equality and Law Reform to disseminate the text of the UN Convention on the Rights of People with Disability and request the speed ratification of the Convention and the optional protocols”.
• 29(08) Westmeath County Council – 1st July, 2008
  “That this Council discuss the severe implications that the EU Directive on the Protection of Habitat Species is causing to our communities by the ban on turf cutting and also request the Minister for the Environment, Heritage and Local Government to accommodate the domestic turf cutters in these areas, as the EU has left this accommodation to the discretion of the individual countries. This motion to be circulated to all Local Authorities in the Country looking for their support”.
• 30(08) Sligo County Council – 8th July, 2008
  “Recognising that the will of the people as expressed at the ballot box is sovereign, and recognising that if all member states of the EU do not ratify the Lisbon Treaty it does not pass into law, and further recognising that the people of Ireland exercised their rights as citizens to reject the Lisbon Treaty, this Council rejects the calls from Europe to re-run the Lisbon Treaty referendum, and we call on the EU commission, the EU Council of Ministers, the UE Parliament and the authorities in the other EU states to accept and respect the verdict of the Irish people, as they accepted the will of the French and Dutch people following their decision to reject the EU Constitution”.