DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Minutes of the County Council held in the Council Chamber, County Hall, Dún Laoghaire, Co. on Monday, 14 March 2016 at 5.00 pm

PRESENT:

Bailey, John F Kingston, Deirdre Baker, Marie Lewis, Hugh Boyhan, Victor McCarthy, Lettie Brennan, Shay McGovern, Lynsey Cuffe, Jennifer McKinney, Carron Curran, Chris Merrigan, Michael Daly, Kevin Murphy, Brian Devlin, Cormac Murphy, Tom Dockery, Liam Nic Cormaic, Sorcha Donnelly, Deirdre O'Brien, Peter Fayne, Mary O'Brien, Shane Feeney, Kate O'Callaghan, Denis Furlong, Karen O'Neill, Seamas Gildea, Jim Richmond, Neale Gill, Karl Saul, Barry Halpin, Melisa Smyth, Carrie Hanafin, Mary Smyth, Ossian Hand, Pat Stewart, Patricia Horkan, Gerry Tallon, Grace Kennedy, John Ward, Barry

An , Councillor Barry Saul presided.

OFFICIALS PRESENT:

Philomena Poole (Chief Executive), Frank Austin (Director of Infrastructure and Climate Change), Helena Cunningham (Director of Finance and Risk Management), Andrée Dargan (County Architect), Mary Henchy (Director of Planning & Organisational Innovation), Dearbhla Lawson (Director Economic, Community & Cultural Development), Tom McHugh (Deputy Chief Executive and Director of Corporate, Communications and Governance), Richard Shakespeare (Director of Municipal Services), Tim Carey (A/Senior Parks Superintendent Heritage Officer Municipal Services), Tim Hannon (Senior Executive Officer Finance & Risk Management), Thomas Mahon (Administrative Officer, Corporate, Communications and Governance) and Pamela Graydon (Senior Staff Officer, Corporate, Communications and Governance)

C/97/16 (Agenda Item No. 1) Confirmation of Minutes

Minutes of County Council Meeting held on 8th February 2016

It was proposed by Councillor J. Bailey, seconded by Councillor C. Devlin and RESOLVED:

“That the minutes of the County Council meeting held on 8th February 2016 be ADOPTED and APPROVED.”

C/98/16 (Agenda Item No. 2) Questions

1 It was proposed by Councillor M. Baker, seconded by Councillor C. Devlin and RESOLVED:

“That pursuant to Standing Order No. 13 (c) question numbers A.1 to A.22 be ADOPTED and APPROVED.”

C/99/16 (Agenda Item No. A1) Councillor V. Boyhan: Internal Control and Risk Management

C/100/16 (Agenda Item No. A2) Councillor V. Boyhan: Internal Audit Function

C/101/16 (Agenda Item No. A3) Councillor V. Boyhan: Financial and Budgetary Reporting Practices and Procedures

C/102/16 (Agenda Item No. A4) Councillor V. Boyhan: Annual Audit Programmes

C/103/16 (Agenda Item No. A5) Councillor V. Boyhan: Council Operations

C/104/16 (Agenda Item No. A6) Councillor C. Curran: Council's Polling Scheme

C/105/16 (Agenda Item No. A7) Councillor C. Curran: Crematorium - Shanganagh

C/106/16 (Agenda Item No. A8) Councillor D. Donnelly: Urban Foxes

C/107/16 (Agenda Item No. A9) Councillor D. Donnelly: Swimming Pool Stillorgan

C/108/16 (Agenda Item No. A10) Councillor M. Merrigan: Dún Laoghaire BID Company and Litigation

C/109/16 (Agenda Item No. A11) Councillor M. Merrigan: Traveller Halting Sites

C/110/16 (Agenda Item No. A12) Councillor M. Merrigan: Old Carnegie Library, Dún Laoghaire

2 C/111/16 (Agenda Item No. A13) Councillor M. Merrigan: County Development Plan

C/112/16 (Agenda Item No. A14) Councillor M. Merrigan: The Council as a Landlord

C/113/16 (Agenda Item No. A15) Councillor D. O Callaghan: Right of Way

C/114/16 (Agenda Item No. A16) Councillor C. Smyth: Dogs Brought to the Pound

C/115/16 (Agenda Item No. A17) Councillor C. Smyth: Horses Brought to the Pound

C/116/16 (Agenda Item No. A18) Councillor C. Smyth: Hits on the Webcast

C/117/16 (Agenda Item No. A19) Councillor B. Ward: Boundary Change

C/118/16 (Agenda Item No. A20) Councillor B. Ward: Stock of Signs

C/119/16 (Agenda Item No. A21) Councillor B. Ward: Audit of Poles and Street Furniture

C/120/16 (Agenda Item No. A22) Councillor B. Ward: Cycle Journeys

C/121/16 (Agenda Item No. 3a) Conferences and Training for Councillors in accordance with Section 142 (5) of the Local Government Act 2001 as amended by Sections 53 (2) of the Local Government Reform Act 2014

List of Conferences and Training Courses for Councillors

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor J. Bailey, seconded by Councillor V. Boyhan and RESOLVED:

“That in accordance with Section 142 (5) of the Local Government Act, 2001 as amended by Section 53 (2) of the Local Government Reform Act 2014 attendance by Members at the conferences/seminars/training courses outlined in the foregoing report is hereby authorised.”

3 C/122/16 (Agenda Item No. 3b) Conferences and Training for Councillors in accordance with Section 142 (5) of the Local Government Act 2001 as amended by Sections 53 (2) of the Local Government Reform Act 2014

Approval of Nominations for Conference and Training Courses

The report of the Chief Executive was CONSIDERED.

Training:

AILG Training for Elected Members It was proposed by Councillor P. Hand, seconded by Councillor V. Boyhan and RESOLVED:

“That Dún Laoghaire – Rathdown County Council nominates Councillor Victor Boyhan to attend “AILG Training for Elected Members on 18th February 2016, Bloomfield Hotel, Mullingar”.

LAMA Spring Conference It was proposed by Councillor P. Hand, seconded by Councillor V. Boyhan and RESOLVED:

“That Dún Laoghaire – Rathdown County Council nominates Councillor Neal Richmond to attend “LAMA Spring Conference Sligo Park Hotel 1st & 2nd April 2016”.

C/123/16 (Agenda Item No. 3c) Conferences and Training for Councillors in accordance with Section 142 (5) of the Local Government Act 2001 as amended by Sections 53 (2) of the Local Government Reform Act 2014

Conference and Training Report Documents Submitted

The report of the Chief Executive was CONSIDERED and NOTED.

C/124/16 (Agenda Item No. 4a) Proposed Disposal of Properties

Proposed Disposal of Fee Simple Interest to Lessees who Purchased under Tenant Purchase Agreement Pursuant to the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978

The proposed disposal of fee simple interest was CONSIDERED.

It was proposed by Councillor D. O’Callaghan, seconded by Councillor V. Boyhan and RESOLVED:

“That the proposed disposal of fee simple interest as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report.”

C/125/16 (Agenda Item No. 4b) Proposed Disposal of Properties

Proposed Disposal of Freehold Interest in area of land at rear of (details supplied)

The proposed disposal of freehold interest was CONSIDERED.

It was proposed by Councillor C. Devlin, seconded by Councillor M. Merrigan and RESOLVED:

4 “That that proposed disposal of freehold interest as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report.”

C/126/16 (Agenda Item No. 4c) Proposed Disposal of Properties

Proposed Disposal of Lease Agreement in an Area of Land Adjacent to (details supplied)

The proposed disposal of lease agreement was CONSIDERED.

It was proposed by Councillor S. O’Brien, seconded by Councillor C. Smyth and RESOLVED:

“That the proposed disposal of lease agreement as set out in the above schedule be carried out in accordance with the terms specified in the foregoing report.”

C/127/16 (Agenda Item No. 5) Election of An Leas Chathaoirleach

An Cathaoirleach, Councillor B. Saul invited nominations for the office of Leas Cathaoirleach.

Councillor P. Hand was proposed by Councillor J. Bailey and seconded by Councillor G. Horkan.

Councillor H. Lewis was proposed by Councillor M. Halpin and seconded by Councillor K. Gill.

As there were two nominations for the position of An Leas Chathaoirleach a roll call vote was requested, the result was as follows:

COUNCILLORS: COUNCILLOR PAT HAND COUNCILLOR HUGH LEWIS Bailey, John F. √ Baker, Marie √ Boyhan, Victor √ Brennan, Shay √ Cuffe, Jennifer Curran, Chris √ Daly, Kevin √ Devlin, Cormac √ Dockery, Liam √ Donnelly, Deirdre √ Fayne, Mary √ Feeney, Kate √ Gill, Karl √ Halpin, Melisa √ Hanafin, Mary √ Hand, Pat √ Horkan, Gerry √

5 Kingston, Deirdre √ Lewis, Hugh √ McCarthy, Lettie √ McGovern, Lynsey √ McKinney, Carron Merrigan, Michael √ Murphy, Brian √ Murphy, Tom √ Nic Cormaic, Sorcha √ O’Brien, Peter √ O’Brien, Shane √ O’Callaghan, Denis √ O’Neill, Seamas √ Richmond, Neale √ Saul, Barry √ Smyth, Carrie √ Smyth, Ossian √ Stewart, Patricia √ Tallon, Grace Ward, Barry √ TOTAL: 25 9

Following the roll call vote Councillor Pat Hand was declared elected as Leas Chathaoirleach to hold office until the election of his successor.

An Leas Chathaoirleach, Councillor P. Hand thanked the Members for their support.

C/128/16 (Agenda Item No. 6a) Casual Vacancy arising from the Election of Maria Bailey, to Dáil Éireann

The report of the Chief Executive was CONSIDERED.

An Cathaoirleach, Councillor B. Saul congratulated all Members that contested the General Election 2016 and wished the three successful candidates well.

It was AGREED to issue a letter to all Members who took part in the General Election.

It was proposed by Councillor J. Bailey, seconded by Councillor M. Baker and RESOLVED:

“That Mr. Jim Gildea be co-opted to fill the casual vacancy on Dún Laoghaire-Rathdown County Council, resulting from Maria Bailey’s election to Dáil Éireann.”

6 An Cathaoirleach, Councillor B. Saul, the Group Leaders and the Chief Executive, on behalf of the Members and staff congratulated Councillor Jim Gildea on becoming a Member of Dún Laoghaire-Rathdown County Council.

C/129/16 (Agenda Item No. 6b) Vacancy on Planning Strategic Policy Committee arising from the Election of Maria Bailey, Fine Gael to Dáil Éireann

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor J. Bailey, seconded by Councillor M. Baker and RESOLVED:

“That Councillor J. Gildea be appointed to the Planning Strategic Policy Committee.”

C/130/16 (Agenda Item No. 6c) Vacancy on Social Housing Strategic Policy Committee arising from the Election of Maria Bailey, Fine Gael to Dáil Éireann

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor V. Boyhan, seconded by Councillor J. Bailey and RESOLVED:

“That Councillor J. Gildea be appointed to the Social Housing Strategic Policy Committee.”

C/131/16 (Agenda Item No. 7a) Casual Vacancy arising from the Election of Josepha Madigan, Fine Gael to Dáil Éireann

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor J. Bailey, seconded by Councillor M. Baker and RESOLVED:

“That Mr. John Kennedy be co-opted to fill the casual vacancy on Dún Laoghaire-Rathdown County Council, resulting from Josepha Madigan’s election to Dáil Éireann.”

An Cathaoirleach, Councillor B. Saul, the Group Leaders and the Chief Executive, on behalf of the Members and staff congratulated Councillor John Kennedy on becoming a Member of Dún Laoghaire-Rathdown County Council.

C/132/16 (Agenda Item No. 7b) Vacancy on Community Development, Culture and Ageing Strategic Policy Committee arising from the Election of Josepha Madigan, Fine Gael to Dáil Éireann

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor J. Bailey, seconded by Councillor M. Baker and RESOLVED:

“That Councillor J. Kennedy be appointed to the Community Development, Culture and Ageing Strategic Policy Committee.”

C/133/16 (Agenda Item No. 7c) Vacancy on Economic Development and Enterprise Strategic Policy Committee arising from the Election of Josepha Madigan, Fine Gael to Dáil Éireann

The report of the Chief Executive was CONSIDERED.

7 It was proposed by Councillor J. Bailey, seconded by Councillor M. Baker and RESOLVED:

“That Councillor J. Kennedy be appointed to the Economic Development and Enterprise Strategic Policy Committee.”

C/134/16 (Agenda Item No. 7d) Vacancy on Joint Policing Committee arising from the Election of Josepha Madigan, Fine Gael to Dáil Éireann

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor J. Bailey, seconded by Councillor M. Baker and RESOLVED:

“That Councillor J. Kennedy be appointed to the Joint Policing Committee.”

C/135/16 (Agenda Item No. 7e) Vacancy on Local Community Development Committee arising from the Election of Josepha Madigan, Fine Gael to Dáil Éireann

The report of the Chief Executive was CONSIDERED.

A discussion took place, during which Mr. T. McHugh, Director of Corporate, Communications and Governance responded to Members’ queries.

It was proposed by Councillor J. Bailey, seconded by Councillor P. Stewart and RESOLVED:

“That Councillor J. Kennedy be appointed to the Local Community Development Committee.”

C/136/16 (Agenda Item No. 8a) Casual Vacancy arising from the Election of Catherine Martin, to Dáil Éireann

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor O. Smyth, seconded by Councillor D. Donnelly and RESOLVED:

“That Ms. Karen Furlong be co-opted to fill the casual vacancy on Dún Laoghaire-Rathdown County Council, resulting from Catherine Martin’s election to Dáil Éireann.”

An Cathaoirleach, Councillor B. Saul, the Group Leaders and the Chief Executive, on behalf of the Members and staff congratulated Councillor Karen Furlong on becoming a Member of Dún Laoghaire-Rathdown County Council.

C/137/16 (Agenda Item No. 8b) Vacancy on Community Development, Culture and Ageing Strategic Policy Committee arising from the Election of Catherine Martin, Green Party to Dáil Éireann

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor O. Smyth, seconded by Councillor D. Donnelly and RESOLVED:

“That Councillor K. Furlong be appointed to the Community Development, Culture and Ageing Strategic Policy Committee.”

8 C/138/16 (Agenda Item No. 8c) Vacancy on Planning Strategic Policy Committee arising from the Election of Catherine Martin, Green Party to Dáil Éireann

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor O. Smyth, seconded by Councillor G. Horkan and RESOLVED:

“That Councillor K. Furlong be appointed to the Planning Strategic Policy Committee.”

C/139/16 (Agenda Item No. 8d) Vacancy on Dún Laoghaire-Rathdown County Sports Partnership arising from the Election of Catherine Martin, Green Party to Dáil Éireann

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor G. Horkan, seconded by Councillor K. Furlong and RESOLVED:

“That Councillor O. Smyth be appointed to the Dún Laoghaire-Rathdown County Sports Partnership.”

C/140/16 (Agenda Item No. 8e) Vacancy on Memorials Committee arising from the Election of Catherine Martin, Green Party to Dáil Éireann

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor O. Smyth, seconded by Councillor J. Bailey and RESOLVED:

“That Councillor K. Furlong be appointed to the Memorials Committee.”

C/141/16 (Agenda Item No. 8f) Vacancy on Dublin and Dún Laoghaire Education and Training Board arising from the Election of Catherine Martin, Green Party to Dáil Éireann

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor O. Smyth, seconded by Councillor J. Bailey and RESOLVED:

“That Councillor K. Furlong be appointed to the Dublin and Dún Laoghaire Education and Training Board.”

C/142/16 (Agenda Item No. 8g) Vacancy on Regional Health Forum arising from the Election of Catherine Martin, Green Party to Dáil Éireann

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor K. Furlong, seconded by Councillor B. Ward and RESOLVED:

“That Councillor O. Smyth be appointed to the Regional Health Forum.”

C/143/16 (Agenda Item No. 9) Report submitted in accordance with Part 8, Article 81 of the Planning and Development Regulations, 2001, (as amended) the Planning and Development Acts 2000, (as amended), and Section 138 of the Local Government Act, 2001, (as amended)

9 The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor D. O’Callaghan, seconded by Councillor J. Gildea and RESOLVED:

“That the report of the Chief Executive be AGREED.”

C/144/16 (Agenda Item No. 10) Report submitted in accordance with Part 8, Article 81 of the Planning and Development Regulations, 2001, (as amended) the Planning and Development Acts 2000, (as amended), and Section 138 of the Local Government Act, 2001, (as amended)

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor M. Baker, seconded by Councillor V. Boyhan and RESOLVED:

“That the report of the Chief Executive be AGREED.”

C/145/16 (Agenda Item No. 11) Report submitted in accordance with Part 8, Article 81 of the Planning and Development Regulations, 2001, (as amended) the Planning and Development Acts 2000, (as amended), and Section 138 of the Local Government Act, 2001, (as amended)

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor B. Ward, seconded by Councillor M. Baker and RESOLVED:

“That the report of the Chief Executive be AGREED.”

C/146/16 (Agenda Item No. 12) Proposed Pay & Display Parking Control Scheme - Sweetmount Park and The Laurels, Dundrum

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor V. Boyhan, seconded by Councillor P. Hand and RESOLVED:

“That in accordance with Section 101 of the Road Traffic Act, 1961, Section 36 of the Road Traffic Act, 1994, Dún Laoghaire-Rathdown County Council Parking Control Bye-Laws, 2007 to 2011, and in accordance with the provision of the Local Government Act, 2001, the Council resolves to implement pay parking control at Sweetmount Park and The Laurels, Dundrum.”

C/147/16 (Agenda Item No. 13) Proposed Pay & Display Parking Control Scheme - Woodbine Park Retail Area, Booterstown

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor M. Baker, seconded by Councillor M. Hanafin and RESOLVED:

“That in accordance with Section 101 of the Road Traffic Act, 1961, Section 36 of the Road Traffic Act, 1994, Dún Laoghaire-Rathdown County Council Parking Control Bye-Laws, 2007 to 2011, and in accordance with the provision of the Local Government Act, 2001, the Council resolves to implement pay parking control at Woodbine Park Retail Area, Booterstown.”

10 C/148/16 (Agenda Item No. 14) Amendment to Sectoral Representative Membership of Strategic Policy Committee

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor C. Smyth, seconded by Councillor L. McCarthy and RESOLVED:

“That Larry O’Connor replace Fiona Cummins on the Community Development, Culture and Ageing Strategic Policy Committee.”

C/149/16 (Agenda Item No. 15) Briefing Document on Request from BID DL Ltd

The report of the Chief Executive was CONSIDERED.

An Cathaoirleach, Councillor B. Saul informed the Members that the following three motions were handed up from the floor:

Motion (1) from the Floor: It was proposed by Councillor M. Merrigan and seconded by Councillor S. O’Brien:

“That the following addendum be attached to the Service Level Agreement concluded between the Council and BID DL Limited and currently in force:

1. Executive Oversight The Chief Executive of the County Council reserves the right to appoint a suitably qualified person with such authority and powers as may be required to perform such duties and functions as may be deemed necessary or appropriate by the Chief Executive in the provision of an ongoing financial and corporate governance oversight and reporting function in respect of the operation of the Company. The person so appointed shall be entitled to receive from Company copies of any documents or information on request, without redaction.

2. Company Structures The Company shall undertake to amend the governing instruments of the Company in accordance with the Companies Act, 2014 and, in doing so, provide a new structure for the Company whereby all paid-up levy-payers are deemed to be Members of the Company. That the Company shall provide an undertaking that such structures will be in place for the 2016 Annual General Meeting of the Company.

3. Annual General Meeting That Company shall ensure that the Annual General Meeting of the Company to be held in 2016 shall provide for the democratic governance of the Company through the election of the incoming Board by the enfranchisement of each paid-up levy-payer who shall be entitled to one vote and shall be eligible to be elected by the Annual General Meeting to membership of the Board of BID DL Limited.”

Motion (2) from the Floor: It was proposed by Councillor J. Bailey and seconded by Councillor M. Halpin:

“That this Council make no decision until we see 2015 Audit Accounts to ascertain loss/outstanding balance.”

Motion (3) from the Floor: It was proposed by Councillor D. O’Callaghan and seconded by Councillor P. O’Brien:

11 “That no further advance in payments other than an initial €38,500.00 until a copy of certified audited accounts of BIDs is made available for consideration by the elected Council.”

A discussion took place, during which Ms. H. Cunningham, Director of Finance and Risk Management and Ms. P. Poole, Chief Executive responded to Members’ queries.

It was AGREED to take the motions from the floor at this time:

Motion (1) from the Floor: It was proposed by Councillor M. Merrigan and seconded by Councillor S. O’Brien:

“That the following addendum be attached to the Service Level Agreement concluded between the Council and BID DL Limited and currently in force:

1. Executive Oversight The Chief Executive of the County Council reserves the right to appoint a suitably qualified person with such authority and powers as may be required to perform such duties and functions as may be deemed necessary or appropriate by the Chief Executive in the provision of an ongoing financial and corporate governance oversight and reporting function in respect of the operation of the Company. The person so appointed shall be entitled to receive from Company copies of any documents or information on request, without redaction.

2. Company Structures The Company shall undertake to amend the governing instruments of the Company in accordance with the Companies Act, 2014 and, in doing so, provide a new structure for the Company whereby all paid-up levy-payers are deemed to be Members of the Company. That the Company shall provide an undertaking that such structures will be in place for the 2016 Annual General Meeting of the Company.

3. Annual General Meeting That Company shall ensure that the Annual General Meeting of the Company to be held in 2016 shall provide for the democratic governance of the Company through the election of the incoming Board by the enfranchisement of each paid-up levy-payer who shall be entitled to one vote and shall be eligible to be elected by the Annual General Meeting to membership of the Board of BID DL Limited.”

A roll call vote on motion (1) from the floor was requested, the result was as follows:

COUNCILLORS: FOR AGAINST ABSTAINED Bailey, John F. √ Baker, Marie √ Boyhan, Victor √ Brennan, Shay √ Cuffe, Jennifer √ Curran, Chris √ Daly, Kevin √ Devlin, Cormac √

12 Dockery, Liam √ Donnelly, Deirdre √ Fayne, Mary √ Feeney, Kate √ Furlong, Karen √ Gildea, Jim √ Gill, Karl √ Halpin, Melisa √ Hanafin, Mary √ Hand, Pat √ Horkan, Gerry √ Kennedy, John √ Kingston, Deirdre Lewis, Hugh √ McCarthy, Lettie √ McGovern, Lynsey √ McKinney, Carron √ Merrigan, Michael √ Murphy, Brian Murphy, Tom √ Nic Cormaic, Sorcha √ O’Brien, Peter √ O’Brien, Shane √ O’Callaghan, Denis √ O’Neill, Seamas √ Richmond, Neale √ Saul, Barry √ Smyth, Carrie √ Smyth, Ossian √ Stewart, Patricia √ Tallon, Grace √ Ward, Barry √ TOTAL: 12 26

An Cathaoirleach, Councillor B. Saul declared motion (1) from the floor DEFEATED.

Motion (2) from the Floor: It was proposed by Councillor J. Bailey and seconded by Councillor M. Halpin:

13 “That this Council make no decision until we see 2015 Audit Accounts to ascertain loss/outstanding balance.”

A roll call vote on motion (2) from the floor was requested, the result was as follows:

COUNCILLORS: FOR AGAINST ABSTAINED Bailey, John F. √ Baker, Marie √ Boyhan, Victor √ Brennan, Shay √ Cuffe, Jennifer √ Curran, Chris √ Daly, Kevin √ Devlin, Cormac √ Dockery, Liam √ Donnelly, Deirdre √ Fayne, Mary √ Feeney, Kate √ Furlong, Karen √ Gildea, Jim √ Gill, Karl √ Halpin, Melisa √ Hanafin, Mary √ Hand, Pat √ Horkan, Gerry √ Kennedy, John √ Kingston, Deirdre Lewis, Hugh √ McCarthy, Lettie √ McGovern, Lynsey √ McKinney, Carron √ Merrigan, Michael √ Murphy, Brian Murphy, Tom √ Nic Cormaic, Sorcha √ O’Brien, Peter √ O’Brien, Shane √

14 O’Callaghan, Denis √ O’Neill, Seamas √ Richmond, Neale √ Saul, Barry √ Smyth, Carrie √ Smyth, Ossian √ Stewart, Patricia √ Tallon, Grace √ Ward, Barry √ TOTAL: 6 32

An Cathaoirleach, Councillor B. Saul declared motion (2) from the floor DEFEATED.

Motion (3) from the Floor: It was proposed by Councillor D. O’Callaghan and seconded by Councillor P. O’Brien:

“That no further advance in payments other than an initial €38,500.00 until a copy of certified audited accounts of BIDs is made available for consideration by the elected Council.”

A further discussion took place, during which Ms. H. Cunningham, Director of Finance and Risk Management responded to Members’ queries.

Motion (3) from the floor was AGREED UNANIMOUSLY.

An Cathaoirleach, Councillor B. Saul informed the Members that a further motion (motion (4)) had been handed up from the floor:

Motion (4) from the Floor: It was proposed by Councillor S. O’Brien and seconded by Councillors M. Merrigan and V. Boyhan:

“That the following addendum be attached to the SLA between the Council and BID DL Ltd and currently in force:

1. A.G.M. The Company shall ensure that the AGM of the Company to be held in 2016 shall provide for the democratic governance of the Company through the election of the incoming Board by the enfranchisement of each paid up levy-payer who shall be entitled to one vote and shall be eligible to be elected by the Annual General Meeting to membership of the Board of BID DL Ltd.”

An Cathaoirleach, Councillor B. Saul ruled motion (4) from the floor OUT OF ORDER under Standing Order No. 21 (g).

C/150/16 Agenda Item No. 16 Cathaoirleach's Business: Councillor B. Saul

1. Recommendation from the Memorials Committee that the Council erect a statue to Roger Casement that will be incorporated into the Dún Laoghaire Baths/Newtownsmith development

15 Mr. Tim Carey, Senior Parks Superintendent & Heritage Officer and Mr. Angus Mitchell, Historian and author of 16 Lives: Roger Casement and other works made a presentation on the history and significance of Roger Casement for the benefit of the Members.

A discussion took place, during which Mr. T. Carey, Senior Parks Superintendent & Heritage Officer and Mr. Angus Mitchell, Historian responded to Members’ queries.

The recommendation from the Memorials Committee was AGREED.

2. Vote of Congratulations A vote of congratulations was passed with everyone in the Dún Laoghaire-Rathdown Local Enterprise Office for all their work during Enterprise Week. A vote of congratulations was also passed with the staff in Southside Partnership’s Enterprise Section for their work during Enterprise Week.

A vote of congratulations was also passed with everyone involved in the ‘Mountains to the Sea’ Book Festival.

C/151/16 Re-entering of Items

It was AGREED to RE-ENTER Item Nos. 17 to 51 to the April meeting of the County Council.

C/152/16 Conclusion of Meeting

The meeting concluded at 8.05 p.m.

16