MINUTES OF PROCEEDINGS OF MONTHLY MEETING OF MEETING HELD IN THE COUNCIL CHAMBER, CIVIC OFFICES, LIMERICK ROAD, NENAGH AT 11.00AM ON 22nd SEPTEMBER 2014

Present Cllr. Michael Fitzgerald, Cathaoirleach

Cllrs. Ambrose, S. Anglim, M. Bonfield, F. Bourke, J. Bourke, K. Browne, M. Bugler, P. Cahill, J. Carey, C. Carroll, J., Crosse, J. Darcy, G. Doran, D. Dunne, D. English, P. Goldsboro, I. Hanafin, S. Hannigan, J. Hogan, J. Hourigan, Mary Hanna, Kennedy, R. Kennedy, W. Leahy, D. Lonergan, M. Lowry, M. McGrath, H. McLoughlin, L. Molloy, R. Moloney, A. Morris, S. Murphy, M. Murphy, Ml. O’Meara, E. O’Meara, M. Ryan(Coole), M. Ryan, J. Smith, M. Wood, T. Apology: Fahey, J.

Also Present Joe MacGrath, Chief Executive, Sinead Carr, D.O.S., Karl Cashen, D.O.S., Clare Curley, D.O.S., M. Shortt, D.O.S., Marcus O’Connor, D.O.S., Pat Slattery, D.O.S., Liam McCarthy, Head of Finance, Meetings Administrator Ger Walsh, David Coleman, A.O. Welcome The Cathaoirleach welcomed the members to the first Council meeting to be held in Nenagh of the newly unified Tipperary County Council. On behalf of the entire Council he wished to send our very best wishes to the Tipperary Senior Hurling Team in advance of the All Ireland Senior Hurling Final replay on Saturday next.

Item 1.1 It was proposed by Cllr. Roger Kennedy and seconded by Cllr. Siobhan Ambrose that the Minutes of minutes of the July 2014 meeting held on the 14th July 2014 be adopted. July 2014 Monthly Meeting

Item 2.1 It was proposed by Cllr. Roger Kennedy Conferences/ Seconded by Cllr. Mattie Ryan and resolved:- Seminars/ Training “That pursuant to Section 142(5) of the Local Government Act 2001 and having regard to (i) the benefits likely to accrue, (ii) the general interest of this administrative area and of the local community (iii) the estimated cost of the proposed attendance and the provision made for such purposes in the annual budget, hereby nominate those listed hereunder to attend the following Conference/Seminar:-

Seminar/ Dates Venue Nominees Estimat Conference/ Similar ed Event Cost Annual Academic 6th George’s Hall, Cllr. Michael Murphy €196 Road Safety Lecture October Dublin Castle. Cllr. Mary Hanna 2014 Hourigan The Public Health 26th – 28th Bewley’s Hotel, Cllr. Jim Ryan €411 Care System October Newlands 2014 Cross, Clondalking, Dublin 22 Productivity and Time 18th Clonakilty Hotel, Cllr. Catherine €230 Management October, Clonakilty, Co. Carey 2014 Cork

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“That in accordance with Part v of the Regulations where elected members attends at training listed at 2(1)(b) to (f) under “Courses for which expenses may be paid” at Part VB of those directions that travel and subsistence payments are only applicable for attendance at the event organised within the local authority area and payments calculated on the lesser of the expenses payable for attendance at a training event organised outside the area”

“That all members of Tipperary County Council be approved for attendance at the following Training Days organised by Association of Irish Local Government:-

“Finance and Budgeting” at the Seven Oaks Hotel, Carlow on 16th Septembers, 2014”.

“Housing Training” at the Abbey Court Hotel, Nenagh, Co. Tipperary on 16th October 2014”

“Planning Training” at the Ferrycarrig Hotel, Wexford on 6th November, 2014”

Item 3.1 & 3.2 Ms. Sinead Carr, Director of Services, Community & Enterprise referred to the report as Local and circulated to the members outlining the full membership structure of the LCDC. She also Community made reference to the revised guidelines which allowed membership to increase from 17 to Development 19 and she was recommending that the private sector representative come from the Committee Community Pillar and the public sector representative come from the HSE. Cllr. English and (LCDC) Morris considered that a Union representative should be on the LCDC. Following further discussion on the matter, the Chief Executive advised that as there was a difference of opinion that the matter be deferred to allow further consultation in order to seek a consensus on the matter.

Item 4.1 & 4.2 A discussion took place around how the two Leader Development Boards, namely South Appointment of Tipperary Development Company and North Tipperary Leader Partnership would operate vis- Members to à-vis the LCDC. Sinead Carr, Director of Services advised that members should be mindful Committees/ that three structures would be able to apply for funding and this had the potential to create Boards conflicts of interests for members.

Nomination of 4 Following further discussion on the matter, it was agreed to proceed with the nomination of Members to the members to both Boards subject to the exclusion of the existing nominees to the LCDC. Board of South Tipperary It was proposed by Councillor: Mary Hanna Hourigan. Development Seconded by Councillor: Phyll Bugler Company And Resolved:-

“That Councillor John Crosse be appointed to the Board of South Tipperary Development Company”

It was proposed by Cllr: Denis Leahy Seconded by Cllr: Pat English And Resolved:-

“That Councillor Andy Moloney be appointed to the Board of South Tipperary Development Company”

It was proposed by Cllr: David Doran Seconded by Cllr. David Dunne And Resolved:-

“That Cllr. Catherine Carey be appointed to the Board of South Tipperary Development Company”

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It was proposed by Cllr. Roger Kennedy Seconded by Cllr. Seamus Hanafin And Resolved:-

“That Cllr. Siobhan Ambrose be appointed to the Board of South Tipperary Development Company”

Item 4.2 It was proposed by Cllr. Ger Darcy North Tipperary Seconded by Cllr. J. Crosse Leader And Resolved:- Partnership “That Cllr. Phyll Bugler be appointed to North Tipperary Leader Partnership”

It was proposed by Cllr. Roger Kennedy Seconded by Cllr. Seamus Hanafin And Resolved:-

“That Cllr. Jackie Cahill be appointed to North Tipperary Leader Partnership”

It was proposed by Cllr. Jim Ryan Seconded by Cllr. Willie Kennedy And Resolved:-

“That Cllr. Michael O’Meara be appointed to North Tipperary Leader Partnership”

It was proposed by Cllr. Phyll Bugler Seconded by Cllr. Seamus Hanafin And Resolved:-

“That Cllr. Ger Darcy be appointed to North Tipperary Leader Partnership”

Item 5.1 Mr. Liam McCarthy, Head of Finance presented a report to the members summarising the Finance impact of the LPT allocation to the county and the requirements of the Local Property Tax (Local Adjustment Factor) Regulations 2014. He provided details of the main points of these Local Property two reports advising that Tipperary County Council was a major beneficiary from the Tax equalisation fund resulting in the shortfall being greater than the yield from the LPT generated within the county. He stated that a reduction of 15% in the Tax would lead to a reduction of 1.863 million euro in Council revenue income. The average amount payable by property owners would be 58c per week. A detailed discussion ensued regarding the advantages and disadvantages of adjusting the Local Property Tax by 15%. The Chief Executive thanked the Members for the informed and balanced debate on this issue, which was not an easy matter for members. He explained that the reduction of €1.863 million would lead to reduced and, in some cases, closed services, for example:

A reduction in the discretionary Roads budget which would affect the re-employment of temporary workers A reduction in Housing Maintenance budget A reduction in the Arts Grant A reduction or elimination in Burial Ground Grants A reduction or elimination of grants for Christmas lighting A reduction in services for Swimming Pools and Museums

He went on to say that the merger savings referred to by the members would accrue over time. Those savings which had so far accrued had been taken into account in framing the 2015 budget. He reminded the members that the sum of €7.6 million in rate arrears was 3

presently outstanding to the Council and rate payers were being treated fairly in how these sums would be repaid. He recommended to the members that a prudent and responsible decision be made regarding the Local Property Tax. Following further discussion amongst the members,

It was proposed by Cllr. John Hogan, seconded by Cllr. Joe Bourke that

“Pursuant to the provisions of Part 4 of the Finance (Local Property Tax) Act 2912 (as amended) and the recommendation of the Chief Executive, Mr. Joe MacGrath dated 18th September 2014, that Tipperary County Council decide not to adjust the LPT adjustor and retain the Local Property Tax for 2015 at current levels”.

On further discussion, it was proposed by Cllr. Jim Ryan and seconded by Cllr. Pat English that the LPT for 2015 be reduced by 15% and that the savings from the merger is used to facilitate same.

In the absence of unanimous agreement in relation to the original motion, the Cathaoirleach called for a vote by way of roll call to accept the recommendation of the Chief Executive and retention of the LPT rate at the existing level for 2015. There voted in favour/against the motion as follows:

COMHAIRLEOIR FOR AGAINST ABSENT ABSTAIN 1. Ambrose, Siobhan √ 2. Anglim. Micheál √ 3. Bonfield, Fiona √ 4. Bourke, Joe √ 5. Bourke, Kieran √ 6. Browne, Martin √ 7. Bugler, Phyll √ 8. Cahill, Jackie √ 9. Carey, Catherine √ 10. Carroll, John √ 11. Crosse, John √ 12. Darcy, Ger √ 13. Doran, David √ 14. Dunne, David √ 15. English, Pat √ 16. Fahey, John - 17. Fitzgerald, Michael √ 18. Goldsboro, Imelda √ 19. Hanafin, Seamus √ 20. Hannigan, Joe √ 21. Hogan, John √ 22. Hourigan, Mary Hanna √ 23. Kennedy, Roger √ 24. Kennedy, Willie √ 25. Leahy, Denis √ 26. Lonergan, Martin √ 27. Lowry, Michael √ 28. McGrath, Hughie √ 29. McLoughlin, Louise √ 30. Molloy, Richie √ 31. Moloney, Andy √ 32. Morris, Seamus √ 4

33. Murphy, Marie √ 34. Murphy, Michael √ 35. O’Meara, Eddie √ 36. O’Meara, Michael √ 37. Ryan (Coole), Mattie √ 38. Ryan, Jim √ 39. Smith, Michael √ 40. Wood, Tom √ TOTAL 29 10

With 29 votes in favour and 10 votes against the motion, the Cathaoirleach deemed the motion passed.

5.2 Voluntary Aidan Fennessey, S.E.O. Housing outlined the background to the proposed purchase and Housing Capital renovation of a three storey building at 17 Wolfe Tone Street, . The building would Assistance become part of the South East Homeless Action Plan and was needed for Homeless services Scheme in the area. Proposals 2014 It was proposed by Cllr. Roger Kennedy

Seconded by Cllr. Pat English

And Resolved:-

“That pursuant to the Provisions of Section 6 of the Housing (Miscellaneous Provision) Act, 1992 assistance be provided to Simon Community (South East) Ltd., being a body approved for the purposes of the Section, towards the purchase and refurbishment of 17 Wolfe Tone Street, Clonmel, Co. Tipperary in the sum of €221,025.00 (or such greater amount as may be approved by the Department of the Environment, Community and Local Government) the amount of such payment to be secured by way of Mortgage/Charge on the Association’s Property at 17 Wolfe Tone Street, Clonmel, Co. Tipperary securing the payment thereof with interest over a period of 30 years but with a provision that each half yearly payment due under the said Charge/Mortgage shall be deemed to have been repaid so long as the Association complies with the terms and conditions upon which the assistance is provided”

Section 183 Sinead Carr, Director of Services explained the background to the three disposals of property Notices at Ballingarrane, concluding that it would be a major plus for the Council to be working with the Limerick Institute of Technology.

Item 6.1 It was proposed by Cllr. Pat English Disposal of property at Seconded by Cllr. Michael Murphy Ballingarrane, Clonmel to And Resolved:- Limerick Institute of “That, in accordance with Section 183 of the Local Government Act, 2001n and Technology pursuant to the powers contained in Section 211 of the Planning and Development Act, 2000, consent is hereby given for the disposal of all buildings erected and development work carried out on lands comprising 5.047 acres or thereabouts at Ballingarrane, Clonmel, which is situated in part of Folio 37686F of the Register of in accordance with the terms of the notice issued on 11th September 2014.”

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Item 6.2 And Resolved:- Disposal of lands (5.26 “That, in accordance with Section 183 of Local Government Act, 2001 and pursuant to acres) at the powers contained in Section 211 of the Planning and Development Act, 2000, Ballingarrane to consent is hereby given for the disposal of lands comprising 5.26 acres or thereabouts Limerick at Ballingarrane, Clonmel which is situated in part of Folio TY 37686F on the Register Institute of of County Tipperary, in accordance with the terms of the notice issued on 11th Technology September 2014”

Item 6.3 And Resolved:- Disposal of lands (20 acres) “That, in accordance with Section 183 of the Local Government Act, 2001, and at Ballingarrane, pursuant to the powers contained in Section 211 of the Planning and Development Act, Clonmel to 2000, consent is hereby given for the disposal of lands comprising 20 acres or Limerick thereabouts at Ballingarrane, Clonmel which is situated in part of Folio TY9073F and Institute of part of Folio TY37686F of the Register of County Tipperary, in accordance with the Technology terms of the notice issued on 11th September 2014”.

Item 6.4 Ger Walsh, Meetings Administrator explained that the disposal in this case was property Disposal of which had been acquired for Roads purposes but was surplus to requirements. lands at Poulavala and It was proposed by Cllr. Roger Kennedy Cloheenafishog Seconded by Cllr. Michael Murphy e, Ballylooby, Cahir And Resolved:-

“That in accordance with the provisions of Section 183 of the Local Government Act, 2001 we hereby approve of the disposal of 0.2120 hectares (0.524 acres) at Poulavala and Cloheenafishoge, Ballylooby, Cahir, Co. Tipperary to Pat O’Brien, Rehill, Ballylooby, Cahir, Co. Tipperary in accordance with the terms of the Notice under the above Section as circulated on the 11th August, 2014”.

Item 7.1 Ger Walsh, Meetings Administrator gave a brief outline of the Chief Executive’s Report as Draft Strategic circulated to the Members. He referred to Appendix 4 which contained the Chief Executive’s Policy recommendations. Committee (SPC) The Cathaoirleach recommended that the Chairs of the SPCs as agreed at the Annual Meeting be appointed as follows:-

Cllr. Jackie Cahill - Roads Transport Cllr. John Hogan – Economic Development Cllr. Seamus Morris – Housing, Community & Culture Cllr. Denis Leahy – Planning and Emergency Services Cllr. Marie Murphy – Water and Environment, which also qualifies as the nominee to the Tipperary Energy Agency Board.

The Cathaoirleach thanked Cllrs. Leahy and Murphy for facilitating changes to their preferred chair options. He considered that the SPCs would be doing very important work over the coming three years.

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It was proposed by Cllr. Siobhan Ambrose Seconded by Cllr. Seamus Hanafin

And Resolved

“That pursuant to the provision of Section 48 of the Local Government Act 2001, as amended by relevant Section of Local Government Reform Act 2014, and having regard to the report of the Chief Executive, Mr. Joe MacGrath dated September 2014 that the Draft SPC Scheme as amended be adopted by the Council and that nominations be sought from the various Sectoral Pillars for the external nominees in each of the 5 SPC’s”

It was further resolved that the following Councillors be appointed as Chairs to the 5 SPC’s as follows, for a 5 year period:- 1. Economic Development and Enterprise - Cllr. John Hogan 2. Environment & Water Services - Cllr. Marie Murphy 3. Roads & Transportation - Cllr. Jackie Cahill 4. Housing, Community & Culture - Cllr. Seamus Morris 5. Planning & Emergency Services - Cllr. Denis Leahy

Item 8.1 It was proposed by Cllr. Marie Murphy, Seconded by Cllr. Roger Kennedy Arts Act 2003 And Resolved:-

“That in accordance with Section 6(2) of the Arts Act 2003and having regard to the report circulated to the members dated 1st September, 2014 that Tipperary County Council hereby approve the payment of grants to those bodies listed on the schedule circulated for the purposes of :-

1. Stimulating public interest in the Arts 2. Promoting knowledge, appreciation and practice of the Arts and 3. Improving standards in the Arts”

The Cathaoirleach paid tribute to Melanie Scott, Arts Officer and all those involved in the highly successful Culture night which took place recently.

Item 9.1 The Chief Executive referred to the Management Report as circulated to the members, Management highlighting in particular the focus going forward on Town Centre renewal across the County. Report Mr. Sean Keating, Director of Services would be heading up the group looking at this area. The members generally welcomed the Management Report, seeing it as a positive development. The members raised a number of issues arising from the Management Report, for follow up by the Directors of Services namely:-

Public lighting and delay in fixing lights Library services and current staffing shortages Derelict sites within towns and enforcement of same Unfinished Estates

Item 10.01 Aidan Fennessey, S.E.O., Housing referred to the amalgamation of the 2 Grants Schemes, Housing North and South. He proposed that, like South Tipperary, the North Tipperary Scheme would Adaptation be closed for a period and would open again for the whole County in January. He pointed out Grants Update that, along with existing allocations, a further €1.7 million in grant approvals was also awaited for future additional funding. The Council would continue to accept emergency applications. A discussion then took place on the merits and demerits of closing the scheme. Aidan Fennessey concluded by saying that the closing of the scheme would have no effect “on the ground” and emergency applications and P1 applications would continue to be accepted all

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year round. He further pointed out the due to the possibility of changes in requirements e.g. Building Regulations, situations can arise where the Council would have to revisit the same case twice.

Following discussion on the matter it was agreed by the Council that a Deputation be sought with the Minister for the Environment Mr. with a view to seeking additional funding for Housing Adaptation grants.

Cllr. Michael Smith requested the permission of the Cathaoirleach to raise an issue regarding the Glencarrig residents in the context of a public meeting that had been held on the night before in Roscrea. The Cathaoirleach, following consultation with the Chief Executive and the Meetings Administrator, advised that as the matter was not listed on the agenda and was more relevant to the Municipal District, that the matter be referred to the next meeting of the Templemore-Thurles MD meeting due to be held on Wednesday 24th September. It was also noted that a detailed Housing report would be provided at that meeting by the Director of Services for Housing. Cllr. Smith expressed his disappointment with the decision and indicated that he would raise the matter again under Any Other Business.

Item 11.1 Agree Date for Meetings

Rural Water It was agreed that this meeting would take place at 10.00 am on Wednesday 8th October Committee 2014 in the Council Chamber of Thurles Town Council Offices. Meeting

Item 12.1 Chief Executive/ The Chief Executive/Delegated Officers Orders for the months of July and August were noted. Delegated Officers Orders

Notices of Motion

Item 13.1 The Council considered the following Notice of Motion in the name of Cllr. Richie Molloy:-

Brighter “That Tipperary County Council supports the Brighter Evenings Bill which would put Evenings Bill Ireland on Central European Time for a three year trial period”.

The motion was seconded by Cllr. T. Wood. It was agreed that this motion would be referred to the Minister for Justice, Ms Frances Fitzgerald for her consideration and reply.

Adjournment In accordance with Standing Orders, it was proposed by the Cathaoirleach Cllr. Michael Fitzgerald and agreed to adjourn the meeting for lunch and resume at 2.10pm.

Item 13.2 Following the resumption of the meeting the Council considered the following Notice of Motion Motor Taxation in the name of Cllr. Michael Murphy

“That the Chief Executive would outline the arrangements in place since the merger of North and South Tipperary County Councils for the taxation of motor vehicles in County Tipperary and, in particular, what efforts are being made to encourage motorists to avail of online facilities when they seek to renew their motor taxation. Furthermore, I seek the support of the Council in order to request the Minister for the Environment, Community and Local Government to review the current financial 8

loading imposed on motorists who renew their motor taxation at 3 or 6 monthly intervals as such loading is causing undue hardship to motorists.”

The reply stated that since the merger of North and South Tipperary County Councils on 1st June 2014 the following arrangements were in place for the taxation of motor vehicles in Tipperary:- The public may attend either of the two motor taxation offices in the county-Clonmel and Nenagh to tax a vehicle. Tax applications may be sent by post to either of the two motor taxation offices. Public may tax online.

In the context of online taxing, the service was constantly being promoted by the motor taxation offices in the following ways- Each member of the public that attends the motor taxation office was given a leaflet outlining the benefits of taxing online. Promotional leaflet for online taxing was included with each postal application. The facility to tax online at Municipal District Offices by cash payment was also highlighted on promotional leaflets.

Usage of online in County Tipperary - There had been an increase in the percentage of overall transactions processed online from 53.78% in May 2014 to 57.82% in July 2014.

Municipal District Offices had also promoted the use of their online facility by placing notices in local Community Newspaper. The Municipal District Office in Thurles had been facilitating the processing of transactions for past couple of years – circa 1,800 transactions per annum. Since June 2014 the two new Municipal District Offices in Tipperary and Carrick had been facilitating the processing of online transactions with over 85 transactions processed. Over time it was expected that increased usage of these facilities would be made. Subject to the approval of the Council, the matter would be referred to the Dept of the Environment, Community and Local Government for their consideration and reply.

This motion was seconded by Cllr. M. Hanna Hourigan. It was further agreed that Cllr. Murphy could attend as part of a Deputation to the Minister for the Environment Community & Local Government, if and when such Deputation materialised, in order to set out the case as per his motion.

Item 13.3 The Council considered the following Notice of Motion in the name of Cllr. Tom Wood Tidy Town Committees “That in support of the excellent work carried out throughout the County, by tidy towns committees, business interests, individual householders and the local authority itself, this Council calls for a pro-active approach under the Derelict Sites Act against the owners of lands and properties (many absentee landlords), relating to their failure to maintain and present them in a reasonable manner”.

This motion was seconded by Cllr. Jim Ryan.

The reply stated that Tipperary County Council were responsible for dealing with derelict sites and the legislation was covered by the Derelict Sites Act, 1990 and the Local Government (Sanitary Services) Act, 1964, whereby Tipperary County Council can force owners to clean up these sites. The report further stated that Derelict sites were identified through complaints received from the public, inspections by Council staff or where the Council staff engage with various voluntary/community organisation such as Tidy Towns/ Tidy Villages groups. The Council would try and resolve the issue with the property owner initially by making contact with the property owner, where possible, but where this proved unsuccessful the legal process commences with the issuing of a Section 8.2 Notice under the Derelict Sites Act, 9

1990. The Council maintains a Register of all derelict sites in its area. The Council recognises the value of the work being carried out by community groups and would continue to work in partnership with these organisations

Cllr. Wood while happy with the reply suggested that a minimum standard for the presentation of buildings should be applied, particularly in relation to absentee landlords. Mr. Matt Short, Director of Services referred to the potential for a painting scheme grant incentive for absentee landlords in particular, which had already worked well in Roscrea and Templemore and agreed to consider the matter further in the context of introducing an incentivised scheme rather than the levy to encourage owners to deal with derelict buildings.

Item 13.4 The Council considered the following Notice of Motion in the name of Cllr. Pat. English Student Service Charge “That Tipperary County Council requests the Government to abolish the student service charge for apprentices which has been implemented on apprentices since January 2014. The imposition of the student services charge of up to €1,433.00 is nothing more than a tax on training”.

The reply stated that subject to the approval of the Council, this matter would be referred to the Minister for Education and Skills, Ms. Jan O'Sullivan for her consideration and reply.

Cllr. English in accepting the reply also requested that the Motion would be circulated to other Local Authorities for their support, which was agreed.

Item 13.5 The Council considered the following Notice of Motion in the name of Cllr. Andy Moloney PSO Levy increase “Last month the Commissioner for Energy Regulation stated that the public service obligation (PSO) levy would rise by 47%. This is an outrageous increase in any tax especially in the depressed economic climate in which we now exist. Not satisfied with this unjustifiable bounty, the Energy Regulator has just extended the increase in the levy to 50%, a further top up of 3%. This increase is €21.50 per household customer from €42.87 to €64.37 and when VAT added is €73.06. In plain terms it is another tax to be introduced on October 1st and needs to be suspended immediately. While Councillors consider a decrease in LPT this is another household charge under a different name and needs to be suspended immediately. I request that Tipperary County Council call on the Minister for Finance to consider the abolition or reduction of this PSO Levy increase”.

The reply stated that subject to the full approval of the Council, this matter would be referred to the Commissioner for Energy Regulation and Minister for Finance, Mr. Michael Noonan, for his consideration and reply.

The motion was seconded by Cllr. Pat English and agreed.

13.6 The Council considered the following Notice of Motion in the name of Cllr. Fiona Bonfield:- Commercial Vehicle Road “That Tipperary County Council accepts a letter from the Department of Agriculture as Tax proof that a farmer is actively farming and that his/her Herd Number is proof so that a vehicle can be taxed as a commercial vehicle for road tax”.

The motion was seconded by Cllr. Mattie Ryan.

The reply stated that the requirements for taxing vehicles at the Goods rate were set out by the Department of the Environment, Community & Local Government in Circular MT 4/2010 as follows:- “Having regard to Article 3 of the Road Vehicles (Registration and Licensing)(Amendment) Regulations 1992, which provides that a licensing authority must be 10

satisfied that a vehicle is correctly taxed, the applicant, in particular in relation to small vans and adapted goods vehicles, should be asked for supporting documentation which can include but is not limited to:

Evidence of registration for VAT; A Tax Clearance Certificate; A commercial insurance certificate; A copy of their “Notice of Tax Registration Form”

Form RF111A Goods Declaration Form ....requires an applicant who was applying for a vehicle to be taxed at the goods rate to provide a Revenue registration identity number to confirm that he or she has a business registered for tax purposes. All applicants should be asked to complete this form and be made aware that if the vehicle is used in any private capacity it must be taxed at the private rate.”

The Department of Agriculture, Food and the Marine website states that: “A herd/flock number is an administrative device, issued by the District Veterinary Office (DVO) to a distinct herd/flock, solely for the purposes of disease control”. The legal definition on the website in this regard states: “Herd” means the animals which are for the time being on a particular holding and in case only one animal is for the time being on a particular holding, the animal shall for the purpose of this Order be regarded as being a herd. It was clear, therefore, that the provision of a Herd Number was not sufficient evidence to meet the requirement set out by the Department of the Environment, Community & Local Government in Circular MT 4/2010 and Statutory Form RF111A for motor taxation purposes. The requirement was placed on the Licensing Authority to confirm that the farm/ business of the applicant was registered for tax purposes and not that the person was actively engaged in farming. Subject to the approval of the Council, the matter will be referred to the Dept of the Environment, Community and Local Government for their consideration and reply.

Following discussion it was agreed that this motion would be referred to the Department of Environment, Community & Local Government for further consideration.

13.7 ,13.11 & The Council considered the following 3 Notices of Motion in the names of 13.12 VAT Rate for Cllr. Mary Hanna Hourigan:- Food, Tourism “That Tipperary County Council supports the call from the Restaurants Association of and Hospitality Ireland for the ongoing retention of the 9% VAT Rate for the food, tourism and Sector hospitality sector, that has helped create one of four of the jobs in the economy. That this Council ask the Minister for Finance to keep VAT at 9% into 2015 and beyond”.

Cllrs. Michael Smith:- "That Tipperary County Council supports the call from the Restaurants Association of Ireland for the on-going retention of the 9% VAT Rate or the Food, Tourism and Hospitality Sector, that has helped create one of four of the jobs in the economy. That this Council ask the Minister for Finance to keep VAT @ 9% into 2015 and beyond".

Cllr Richie Molloy, “That Tipperary County Council supports the call from the restaurant association of Ireland for the on-going retention of the 9% vat rate for the food, tourism and hospitality sector”.

It was agreed that these motions would be forwarded to the Minister for Finance, Michael Noonan for his consideration.

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13.8 The Council considered the following Notice of Motion in the name of Cllr. John Crosse Taking in Charge of Public “That this Council should consider taking over public lights and running of waste Lights, Waste water treatment plants prior to taking in charge of estates as these estates may be a water treatment risk to public safety”. plants prior to taking in charge This motion was seconded by Cllr. Kieran Bourke. of estates The reply stated that the Planning Section was currently examining all applications for taking- in-charge and was working with the developers, bond companies, receivers and management companies in order to resolve all outstanding issued prior to initiating the taking-in-charge process. All applications were being assessed on an individual basis in accordance with Planning Legislation. Any estate for which a valid application for taking-in-charge had been received, and which was deemed to comply with all planning conditions, would be processed and taken-in-charge in accordance with the Roads Acts. In the case of estates where planning conditions had not been complied with, the Council would continue to work with all relevant parties in an effort to resolve the outstanding issues.

Mr. Matt Shortt, Director of Services noted that this was a complex, national issue involving many different parties. It was agreed that a report on unfinished estates would be included under Planning as part of the Management report in December. It was also agreed that a list of unfinished estates per municipal district would be circulated to the members for their information

13.9 The Council considered the following Notice of Motion in the name of Cllr. Willie Kennedy Building Control Regulations “I request the Council to call on the new Minister for Environment to relax the regulations introduced on March 1st which adds considerable cost to the building of a new house”

The motion was seconded by Cllr. Mattie Ryan and it was greed that this matter would be forwarded to the Minister for Environment, Community and Local Government, Mr. Alan Kelly for his consideration and reply.

13.10 The Council considered the following Notice of Motion in the name of Cllr. Siobhan Ambrose IDA "That Tipperary County Council invites representatives from I.D.A. to address a meeting of the Council in order for them to outline to members the steps that are being taken to attract new industry to the County"

The motion was seconded by Cllr. S. Hanafin and it was agreed that a letter would issue to the IDA inviting its representatives to address a meeting of the County Council where they would outline the IDA’s actions in relation to attracting foreign direct investment to Co. Tipperary.

13.13 The Council considered the following Notice of Motion in the name of Cllr. Pat English:- Parking Area Barriers “That Tipperary County Council write to The Minister for the Environment requesting that the practice of erecting barriers at entrances to parking areas for camper vans be discontinued and reversed in areas where barriers are already erected. Also that the Minister requests each Council in the Country to provide parking areas for camper vans”.

The motion was seconded by Cllr. R. Molloy and the reply given which was noted, stated that 12

Tipperary County Council provides public car parking facilities that support the commercial, social and cultural activities of towns & villages in the county. The Council would discourage the uncontrolled use of public car-parks for camping as they are unsupervised and services are not provided. Tipperary County Council supports the development of managed & serviced tourist camping facilities at appropriate locations. A Policy Paper in relation to unauthorised parking on a county wide perspective was being drafted, following which it would be a matter for each District to decide if they required to introduce bye-laws in relation to same.

Cllr. English expressed his satisfaction with the reply to the notice of motion.

13.14 The Council considered the following Notice of Motion in the name of Cllr. Siobhan Ambrose:- Third Level Grants "That Tipperary County Council writes to the new Minister for Education, Ms. Jan O'Sullivan requesting that in the future when determining financial approval for 3rd Level Grants that her Department should look at the applicants parent's Nett Income(after tax income) and not their Gross Income(before tax income) as is the current practice. Furthermore, successful grant recipients should receive their grants in September when colleges open as opposed to the current situation where grants are not released until October or November"

The motion was seconded by Cllr. M. Anglim. The reply stated that the overarching principles and policies for the Student Grant Scheme were contained in the primary legislation, the Student Support Act 2011 and secondary legislation signed into law as

Student Grant Scheme 2014 Student Support Regulations 2014

The Student grant Scheme 2014 set out the criteria for reckonable income for student grant purposes, gross income from all sources, whether it arose in Ireland or abroad. The income taken into account was gross income before any deductions such as PAYE, income tax, capital gains tax, capital acquisitions tax, PRSI and so on. To be eligible for a grant, the applicant’s reckonable income must be established. There were a variety of limits in respect of the allowable income depending on the adjustments/increments which were applicable in a particular case.

Following discussion of the motion it was agreed that this matter would be referred to the Minister for Education, Ms. Jan O'Sullivan, for her consideration and reply.

13.15 The Council considered the following Notice of Motion in the name of Cllr. Tom Wood:- Rock of Cashel World Heritage “That this new Tipperary County Council would take the necessary steps to secure Status World Heritage Site status for the Rock of Cashel as the site has been on a tentative list since 1992”.

The motion was seconded by Cllr. M. Browne.

The reply stated that The Rock of Cashel was first placed on the UNESCO World Heritage Site tentative list as a site of ecclesiastical significance in 1992. However, an application for Cashel was not progressed by the relevant government department(s) and Cashel was again considered for a new tentative list nomination during 2008/2009. On this occasion, it was put forward as part of a serial nomination of the Royal Sites of Ireland. The other sites were:

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Tara (Co. Meath) Hill of Uisneach (Co. Westmeath) Dún Áilinne (Co. Kildare), and Rathcroghan (Co. Roscommon)

The sixth royal site on the island of Ireland was Navan Fort in Armagh; both the Irish and UK governments were in favour of joining this with the Republic’s five sites to add a cross- boundary international dimension to the nomination. Tipperary County Council was actively engaged with the other relevant Councils and the Department of Arts, Heritage and the Gaeltacht in preparing for a formal application for the Royal Sites. Preliminary technical evaluations of each site were already drafted for professional review and revision by a World Heritage expert, who would produce a composite report on the serial nomination. That report was expected within the coming months; it would then be subjected to rigorous assessment by an Expert Panel who would advise if the serial nomination met the very demanding UNESCO criteria, including that of “Outstanding Universal Value”. A decision could then be taken on commencing a formal application process for world heritage designation.

In that eventuality, the process of a detailed application would begin, involving stakeholders at the individual royal sites and would include public meetings, information session and other steps as required. The council would be kept informed of progress throughout the application process.

The Council are actively engaged with the other relevant Councils and the Department of Arts, Heritage and the Gaelteacht in preparing for a formal application for the Royal Sites. The Council would continue to monitor progress in relation to this process.

Cllr. Wood noted and accepted the reply.

13.16 The Council considered the following Notice of Motion in the name of Cllr. Siobhan Ambrose:- Broadband "That Tipperary County Council writes to the Minister for Communications, Energy and Natural Resources Mr. Alex White TD requesting:- (a) An update on the next rollout of broadband in the County (b) The Department to try and assist areas in the County where there is currently either very poor or no mobile coverage in their area.

The shortfall in both the broadband and the mobile services in some areas of the County are causing huge problems particularly for businesses in these areas".

The motion was seconded by Cllr. Joe Hannigan. The reply stated that Tipperary County Council recognised that effective broadband speeds were an issue throughout Tipperary and that improved broadband coverage with increased speeds at affordable prices was a necessity in terms of community and economic development. With this in mind, data was being compiled on the extent and quality of broadband coverage on an all County Tipperary basis. It was anticipated that this information would be available in November 2014. Once this information had been collated and analysed it would be available to members for discussion and to raise with the responsible agencies on an all County basis, in order to seek improved service in the county.

It was agreed that the matter would be listed for consideration by the Council at a future meeting of the Council following the completion of the report on Broadband in the county.

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13.17 The Council considered the following Notice of Motion in the name of Cllrs. S. Morris, F. Court Houses in Bonfield, H. McGrath, Bugler and J. Carroll:- Co. Tipperary "That Tipperary County Council opposes the closure of any Court Office and/or Court houses in County Tipperary currently under review by the Courts Service and further that the Tipperary County Council fully supports the retention of all Court Services currently being provided in the County"

The motion was seconded by Cllr. John Carroll.

The reply which was noted referred to correspondence dated 22nd August 2014 (item 14.6 on Council Agenda) as received from the Regional Manager of the Courts Service advising that it intended to carry out a review of the delivery of services in the County and also enclosed terms of reference for the Council's information. Consultation with all stakeholders and court users within the county would be an integral part of the review process.

The purpose of the review was to identify, in consultation with all stakeholders in County Tipperary, a range of options which could be considered to enable the Courts Service to more efficiently and effectively maintain front-line court services to all court users in the County while, at the same time, maintaining support for court sittings determined by the Presidents of the Circuit and District Courts as necessary for the administration of justice in the County.

Should the members of the Council wish to make observations or submissions they should do so to The Meetings Administrator, Tipperary County Council, County Hall, Clonmel - [email protected] who will ensure all observations/submissions by members of Tipperary County Council are submitted to The Regional Manager of the Courts Service for their consideration.

Item 14.1 In relation to replies received from the Minister for Education in regard to the Gaelscoil, Correspondence Clonmel, Agenda item references 14.4 and 14.8, it was agreed that the Council write to the Minister again, requesting a deputation when her diary was more relaxed and that a letter should also issue to Ministers Tom Hayes and Alan Kelly seeking their support for same Resolutions from Other Local Authorities

15.1 Kerry County Council “I am calling on the elected members of Kerry County Council to bring an end to all Political Parties holding Church gate collections in Kerry as currently there are massive sums of money paid directly by the state towards the running of all political parties each year and I object to the pressure and intimidation being put on Mass goers. Collections at churches should be solely for charities, voluntary and sporting organisations who are financially struggling to survive and are far more deserving”.

It was agreed following a proposal from Cllr. J. Ryan, seconded by Cllr. M. Hanna Hourigan, to issue a letter of support in relation to this motion.

South Dublin County Council “That this Council, acting on humanitarian grounds, being deeply concerned that an Irish citizen Mr. Ibrahim Halawa, at age 17 and a minor according to Egyptian law, was arrested during his summer holidays in Egypt in 2014 and continues to be detained in Egypt, calls on the Minister for Foreign Affairs to ensure that Ibrahim be allowed basic civil and human rights including that he be given access to his lawyer and be given the right to a proper court hearing or that he be released forthwith into the care of his family”. 15

Kerry County Council

“That this Council calls on the Minister for Environment to ensure the recent decision on Planning Ref 13/493 does not become a precedent that prevents the development of future playgrounds near residential properties”.

They were advised that the Planning application by Castlegregory Community Council for permission for development of a playground at Main Street, Tailor’s Row, Forge Road, Castlegregory was granted permission by Kerry County Council on 30th December, 2013 (Planning Reference No. 13/493). This grant of permission was subsequently appealed to An Bord Pleanála who issued a refusal decision (Reference PL 08.242939) on 28th May last.

In their refusal decision, the Board point to the following factors as reasons for their decision: Demolition of a pair of semi-detached houses in the centre of Castlegregory would result in a loss of vernacular urban fabric. Not satisfied that an alternative and reasonably central site is not available to serve the proposed development. Would seriously injure the amenities of neighbouring houses by virtue of noise general disturbance, overlooking and diminution of privacy. Site unsuitable in terms of passive surveillance.

Members expressed concern that this decision would become a precedent that would impact on the development of future playgrounds near residential properties and requested that I refer this matter to the Minister for the Environment, Community and Local Government for consideration”.

The motion was noted by the Council.

Kerry County Council “That this Council rejects the elements of the Housing Miscellaneous Provisions Bill 2014 which would potentially remove up to 70% of those most in need, from our housing list”.

The motion was noted by the Council.

Donegal County Council “That Donegal County Council expresses its solidarity with the besieged Palestinian people and condemns the current atrocities in Gaza. It calls on the Government to send a clear message to Israel that these acts of war are against international law and to request an immediate ceasefire.

It also calls on the Government to expel the Israeli Ambassador to Ireland until all hostilities are ended, unilateral peace talks are entered into, and the human rights of the Palestinian people are respected, whilst also criticizing the Irish Governments stance in abstaining from the UN vote. That the people of Donegal boycott Israeli goods and that any national investment in Israel is withdrawn by the Government.

A copy of the motion to be circulated to the Minister for Foreign Affairs, the Israeli Ambassador, the US Ambassador and to all other Local Authorities”.

It was agreed following a proposal from Cllr. Pat English, seconded by Cllr. D. Dunne to support this motion.

Item 16.1 Cllr. Michael Smith indicated that he wished to raise the Housing issue previously discussed. Any Other A discussion took place among the members as to the appropriateness of Cllr. Smith’s 16

Business proposal. The Chief Executive again pointed out that this matter was appropriate to the Municipal District Meeting which would be held on Wednesday 24th September. The Meetings Administrator further added that Standing Order No. 20 required that not less than three quarters the total number of members of the Council (30) vote in favour in relation to a motion without notice for the purpose of dealing with urgent business. It was noted that there was not sufficient Councillors in attendance to deal with the matter, therefore the motion could not be taken. Cllr. M. Smith and Cllr. S. Morris expressed their dissatisfaction with the decision and withdrew from the meeting

Anti Pylon Cllr. Louise McLoughlin requested whether a further workshop could be arranged with the Group Council members to discuss issues of concern in relation to the County’s wind energy policy. This was supported by Cllr. John Carroll. Karl Cashen, Director of Services in reply, explained that, as part of the harmonisation of the two County Councils, various polices were being developed which awaited guidance from the Department of the Environment Community and Local Government. He indicated that further workshops could then be arranged with the Councillors in relation to this matter.

JPC Replying to Cllr. Doran, Mr. Ger Walsh, Meeting Administrator confirmed that the revised guidelines on the establishment of Joint Policing Committees had recently issued and that the matter would be listed on the agenda of the Council at a future meeting of the Council following further consideration of the guidelines.

Flooding Risk Cllr. J. Ryan referred to documentation which recently issued from the OPW on the national Assessment CFRAM programme currently being undertaken by the Office of Public Works (OPW) and OPW queried the sample flood maps included with the documentation. The Meetings Administrator agreed to revert to Cllr Ryan in this regard.

Votes of Votes of Sympathy were passed to the following:- Sympathy Votes of Sympathy The Britton family on the death of Peter Britton. The Cathaoirleach paid tribute to Mr. Peter Britton, who had been Senior Roads Engineer at the time of his tragic death. Mr. Gerard Quigley, Clerical Officer, Civic Offices, Clonmel on the death of his mother Bridget. The Cusack family, 14 Bulfin Crescent, Nenagh on the death of Paddy Joe Cusack, a former Nenagh Town Council member. Former Deputy and County Councillor Mr. Brendan Griffin on the death of his brother Jimmy. The Hackett Family, Tipperary on the death of Jack Hackett The wife and family of Mr. , former Taoiseach The wife and family of Reverend Ian Paisley Tom Conway, on the death of James Conway, Portroe The Kavanagh family on the death of Peggy Kavanagh PJ Ryan on the death of Larry Ryan The Minogue family on the death of Denis Minogue

Votes of The Cathaoirleach also sent the Councils best wishes to former Councillor Liam Ahearn who Congratulations/ had taken ill recently. Good Wishes

This concluded the business of the Meeting, a true copy of which we hereby certify.

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Signed: ______Date: ______Michael Fitzgerald, Chairman

Signed: ______Date: ______Mr. Ger Walsh, Meetings Administrator

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