Kilkenny Borough Council

K I L K E N N Y B O R O U G H C O U N C I L

MINUTES OF PROCEEDING OF MONTHLY MEETING HELD ON 10th MAY 2004, AT 7.30 PM

Mayor, Councillor Pat Crotty Presiding

Present:

Aldermen: J Cody, J Coonan, M. Lanigan

Councillors: M Fitzpatrick, T Patterson, M Brett, B Manning P Cuddihy, E. White J Reidy, A McGuinness

Also present:

Mr M. Malone County Manager, Mr. T. Walsh, Director of Service, Mr D O’Brien, Town Clerk, Mr. B. Mernagh, Senior Engineer, Mr. B. Tyrrell, Administrative Officer Ms. U. Kealy, Staff Officer.

Mayor’s Summons of Meeting:

Notice dated 4th May 2004, convening a Monthly Meeting for this date was read.

Item No. 1 – Minutes

Minutes of Monthly Meeting held on 13th April 2004 having been previously circulated were tabled for confirmation, it was

Proposed by Cllr P Cuddihy Seconded by Cllr M Brett And Agreed.

“That the minutes as presented to this meeting be and are hereby adopted”.

The minutes were then signed by the Mayor.

Matters Arising On a point of record, Cllr J Reidy referred to the following items which were not mentioned in the minutes:

Extending the taxi rank at the parade and disabled access at the parade Freebooters Football Club – lease Compensation for traders in Irishtown

Page No. 1 minuteskbcmonthlymeeting10.05.04 Public Toilets Mr B Mernagh Senior Engineer advised that the public toilets will be replaced. Preliminary drawings were available for a meeting to be held with the OPW next week.

Refuse/Litter – CCTV Mr B Mernagh Senior Engineer confirmed that most of the “black spots” for illegal dumping were now gone and a number of prosecutions were pending.

Item No. 2 - Matters brought forward by direction of the Mayor Congratulations The Mayor thanked the Town Clerk for his work on the May Day Celebrations.

St Kierans College The Mayor congratulated St Kierans College on their recent all Ireland Colleges hurling win.

South East on Track The Mayor referred to a presentation given by South East on Track (SEOT) at the March meeting of Kilkenny Borough Council when it was agreed that a member of Kilkenny Borough Council be nominated on to the SEOT committee. It was agreed that this nomination be postponed to the July meeting.

Last Meeting The Mayor thanked members and staff for all their work during the past five years of this Council. He wished everyone well in the forthcoming elections.

Condolences The sympathy of the Borough Council was extended to the families of the following who were recently deceased:-

The late Tommy Murphy, Danesfort, Kilkenny “ “ John Byrne, Troyswood, Kilkenny

Ossory Park Mr T Walsh Director of Services gave up to date report on refurbishment works at Ossory Park and also distributed a detailed newsletter regarding same.

Item No. 3 - Planning Policy & Enforcement The Closh The Town Clerk confirmed that the officials from the school of the Holy Spirit had been in contact with Kilkenny Borough Council. The Department of Education has agreed to plans to provide a new school. However, in the interim, more classroom space was required from this September and it was their intention to apply for planning permission to use the Closh for a temporary period which would provide space for three prefabs.

Page No. 2 minuteskbcmonthlymeeting10.05.04 Licences – Funfairs/Circus Public order at funfairs/circus’ was discussed. Mr B Tyrrell Administrative Officer advised that public order is not an issue that owners of funfairs/circus’ are obliged to address. They are obliged only to give two days advance notice to the LA when holding an event. It is the actual safety of the equipment that is of concern to the local authority. It was agreed that the Mayor would contact Supt. G. Ryan for his opinion on this matter.

Enforcement / Taking in Charge of Estates Mr B Mernagh gave background to unfinished estates in Kilkenny. He confirmed that many may have no bond and therefore the process of taking such estates in charge was a very slow and expensive one.

It was proposed by Cllr P Cuddihy, seconded by Cllr M Fitzpatrick and agreed: “ that a letter be sent to the Minister of the Environment outlining the difficulty with developers who leave an estate unfinished and request the consideration of a special fund to local authorities to help finish such estates”

The County Manager referred to the inability of local authorities in the past to take estates in charge. He confirmed that enforcement is now a high priority but that it comes down to actual resources to follow up on each case.

Item No 4 – Draft Parking Control and Car Park Bye-Laws 2004 Proposed by Ald J Cody, seconded by Cllr M Fitzpatrick and agreed: “that the Draft Parking Control and Car Park Bye-Laws 2004 as circulated be adopted”

It was proposed by Cllr P Cuddihy, seconded by Ald J Coonan: “that provision for bicycle stands be made available in the City”

Item No 5 – Inner Relief Road (variations of Development Plan) Mr B Mernagh gave details on revised plans for inner relief road and answered questions raised. Proposed by Ald J Coonan, seconded by Cllr M Brett and agreed: “that revised plans for Inner Relief Road be put on public display”

Item No 6 – Proposed variations to the proposed Western Environs Local Area Plan Proposed by Cllr J Reidy, seconded by Ald J Cody and agreed: “ it is hereby resolved that Kilkenny Borough Council being the Planning Authority for its functional area and in accordance with the provisions of the Planning & Development Act 2000 to 2002, having undertaken consultations in accordance with the provisions of Section 20(1) of the Planning & Development Act 2000, having complied with the provisions of Section 20(3)(a) and (b) in relation to notice of the proposed Western Environs Local Area Plan, having considered the County Manager’s Report prepared in accordance with the provisions of Section 20(3)(c), having modified and varied the proposal, having published the proposed variations and modifications as required by virtue of Section 9(e) of the Planning &

Page No. 3 minuteskbcmonthlymeeting10.05.04 Development (Amendment) Act 2002, having considered the County Manager’s Report prepared in accordance with the provisions of Section 20(3) as substituted by Section 9 (f) of the Planning & Development (Amendment) Act 2002 at a meeting held on the 20th October 2003, do hereby make the Western Environs Local Area Plan 2004, the said Local Area Plan being the proposal published on the 5th November 2003 as modified by resolution of Council dated February 2004 (and modified by resolution of Council dated 17th May 2004)”

Item No 7 - Notice of Motion in the name of Councillor E. White Notice having been given, it was Proposed by Cllr E. White, seconded by Ald J Coonan and agreed:

“That the promised pedestrian crossing on Kennyswell Road be provided by Kilkenny Borough Council”

Item No. 8 Notice of Motion in the name of Councillor M. Brett Notice having been given, it was Proposed by Cllr M. Brett, seconded by Cllr B. Manning and agreed:

“That Kilkenny Borough Council bring plans forward to make upper New Street one way (in front of St. John of God School).”

Item No. 9 Notice of Motion in the names of Cllrs. A. McGuiness and J. Reidy Notice having been given, it was Proposed by Cllr J. Reidy, seconded by Cllr A. McGuinness and agreed:

“That Kilkenny Borough Council resolve to establish a more acceptable car parking arrangement for the employees of the various businesses within the Market Yard Complex, Kilkenny as soon as possible.”

Item No. 10 Notice of Motion in the name of Ald. J Coonan Notice having been given, it was Proposed by Ald J. Coonan, seconded by Cllr J. Reidy and agreed:

“That the dangerous state of repair of footpaths in upper Patrick Street, New Street, and Jacob Street be rectified as a matter of urgency.”

Item No. 11 Notice of Motion in the names of Cllrs. A. McGuiness and J. Reidy Notice having been given, it was Proposed by Cllr A. McGuinness, seconded by Cllr J. Reidy and agreed:

“That Kilkenny Borough Council resolve to establish a more acceptable use for the land in its ownership at the ball alleys, Michael Street, Kilkenny and that as part of the process the Lake School be consulted and that in the meantime the area in question be cleaned on a regular basis.”

Page No. 4 minuteskbcmonthlymeeting10.05.04 Item No. 12 Notice of Motion in the name of Ald. J Coonan Notice having been given, it was Proposed by Ald J. Coonan, seconded by Ald. M Lanigan and agreed:

“That the agreed plan of work for upper Patrick Street at junction of Village Inn be commenced.”

Item No. 13 Notice of Motion in the name of Cllr. Paul Cuddihy Notice having been given, it was Proposed by Cllr P Cuddihy:

“ That Kilkenny Borough Council resolve to set up a High Level Committee, to be chaired by the Mayor of the City and attended by the County Manager, to successfully lobby for City Council Status for the City of Kilkenny by 2009”

On a show of hands this motion was defeated by 8 to 4.

This concluded the business of the meeting.

Signed: ______Mayor

Date: ______

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