DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Minutes of County Council Meeting held in the County Hall, Marine Road, Dun Laoghaire, Co. Dublin on Monday, 13 June 2011 at 5.00 pm

PRESENT

Bailey, John F Humphreys, Richard Bailey, Maria Joyce, Tom Baker, Marie Lewis, Hugh Bhreathnach, Niamh Marren, Donal Boyhan, Victor McCarthy, Lettie Culhane, Aidan Murphy, Tom Devlin, Cormac O'Callaghan, Denis Dillon Byrne, Jane O'Dea, Jim Fitzpatrick, Stephen O'Keeffe, Gearóid Fox, Tony Richmond, Neale Halpin, Melisa Saul, Barry Hand, Pat Smyth, Carrie Horkan, Gerry Stewart, Patricia Ward, Barry

Apologies for inability to attend were received for Councillor Aoife Brennan

OFFICIALS PRESENT

Owen Keegan (County Manager), Kathleen Holohan (Deputy Manager), Tony Pluck (Director of Corporate Services & IT), Charles Mac Namara (Director of Housing), Frank Austin (Director of Water & Waste Services), Tom McHugh (Director of Transportation), Richard Shakespeare (Director Of Environment, Culture & Community), Gerard Hayden (Director of Human Resources & County Development Board), Andrée Dargan (County Architect), Maura Murphy (Administrative Officer Corporate Services), Ian Smalley (Administrative Officer, Corporate Services) and Pamela Graydon (Senior Staff Officer Corporate Services)

C/602/11 Presiding Chairman

It was AGREED that the outgoing Cathaoirleach Councillor L. McCarthy would preside until the election of An Cathaoirleach.

C/603/11 Address of Outgoing Cathaoirleach

An Cathaoirleach, Councillor L. McCarthy thanked the Members, the Manager and staff for their assistance and support during the past year.

Outgoing Cathaoirleach’s Speech

This time last year, at the beginning of my term of office, I quoted an old African Proverb, which I felt was particularly relevant to the challenge ahead. It was this: “If you want to go quickly, go alone. If you want to go far, go together”.

1 This sentiment has been my guiding principle over the last 12 months. At each and every official engagement I have delivered a strong message to say that in these difficult economic times with ever diminishing resources, it is Partnership and working together that will get us over the line.....it is about “Our Council”, not “the Council”.

It is about recognising the value of services and programmes currently delivered by our Council and, importantly, moving to an understanding that these services and programmes can be improved even more by real and positive engagement between council staff, Councillors and the Community that we serve....I would like to think that over the last year I have used the office of An Cathaoirleach to break down these barriers, to promote understanding and to facilitate better engagement.

With this in mind I focussed on inviting people into County Hall, not just for formal, structured meetings but for informal engagement and real discussion; not just to see democracy in action but to be shown around the wonderful refurbished Old Town Hall and the historic Council Chamber; not just to meet An Cathaoirleach but to encourage people to talk freely to other Councillors, management and staff.

Often it was also an opportunity for individuals and groups simply to meet with each other, exchange experiences and to engage in Q/A sessions with dignitaries such as the American Ambassador, Mr. Dan Rooney and for young people to meet their heroes, in particular Brian O’Driscoll and the Russian Cosmonaut.

Moving out of County Hall, I endeavoured to take the message of community engagement and partnership to as many community groups and associations as possible. The learning for me has been incredible and quite humbling.

Some Highlights  Meeting individuals and groups across the county who are working tirelessly for the social, cultural and economic development of this county, for example: local residents and community groups, business associations, Arts and Cultural organisations.  Honouring those who are an exemplary role model for us all in relation to their services to others – ie. Awarding the first Civic Honour in the County to Brian O’Driscoll and awarding 3 special awards only last week to 3 groups in this, the European Year of Volunteering. (Dublin Wicklow Mountain Rescue Team; Dun Laoghaire Sailing Volunteer Group; Stars of Erin GAA)  Progressing long awaited schemes for community facilities in areas of the county that need it, for example – Samuel Beckett Sports Complex in Ballyogan and the 8 acre pitch in Stepaside.  Support for local business – Launching the first Pop-up- Shop in the County; promoting area based business associations.

Thank you’s Leas Chathaoirleach, Cllr Neale Richmond Citizens, businesses of Dun Laoghaire-Rathdown Councillors County Manager, Senior Management and staff

Finally, I would like to wish the incoming Cathaoirleach the very best of luck in the coming year. It is both a privilege and an honour to represent the people of Dun Laoghaire Rathdown as first citizen of the county and the political head of the Council. I see the role as an unrivalled opportunity to promote all that is good about local government, together with leading the way for change where necessary.

I am sure that the incoming Cathaoirleach elected tonight will put his/her own stamp on the role and articulate a vision for the year. I am also hopeful that he/she will continue

2 to promote the idea of working together for the benefit of Dún Laoghaire-Rathdown and ultimately for ‘better local government’.

C/604/11 Election of An Cathaoirleach - Local Government Act, 2001 (Section 36)

An Cathaoirleach, Councillor L. McCarthy invited nominations for the election of An Cathaoirleach.

Councillor J. Bailey was proposed by Councillor M. Bailey and seconded by Councillor D. O’Callaghan.

NO OTHER CANDIDATE PRESENTED THEMSELVES FOR ELECTION. AS COUNCILLOR J. BAILEY WAS THE ONLY CANDIDATE HE WAS DECLARED ELECTED AS CATHAOIRLEACH TO HOLD OFFICE UNTIL THE ELECTION OF HIS SUCCESSOR. COUNCILLOR J. BAILEY WAS INVESTED BY THE OUTGOING CATHAOIRLEACH WITH THE CHAIN OF OFFICE.

The new Cathaoirleach then took the Chair. He presented the outgoing Cathaoirleach, Councillor L. McCarthy, with a replica of the medallion of office to commemorate her year as Cathaoirleach.

Cathaoirleach’s Acceptance Speech

First of all I would like to thank my Fine Gael colleagues for nominating me as their candidate for Cathaoirleach of Dún Laoghaire-Rathdown County Council. I must also acknowledge the cross party support for my election this evening, in particular that of the Labour Group. It is an honour to serve in public office as the first citizen of the county and an opportunity not afforded to many. I trust that the confidence expressed in me will be well placed and that I will be a credit to the office.

I would like to take the opportunity to acknowledge the work Cllr McCarthy has done to promote the positives about this Council and the efforts she has made to open up County Hall to the people.

Cllr McCarthy spoke earlier about her focus on breaking down barriers and encouraging more engagement between local government and local communities, including the business fraternity; she spoke about working together in partnership and mutual respect for the benefit of everyone and for ‘better local government’.

I hope to develop that spirit of collaboration and joined-up thinking over the coming year and to bring people together to look at ways in which we can approach problems that affect our communities. Bringing the right people together in dialogue to learn from each other and to come up with solutions and initiatives to solve problems is the way forward. Supporting local business in this way will be especially important.

In a media environment that appears hell bent on undermining the work of public representatives and public servants, I know that Elected Members, management and staff are going to have to work harder than ever to restore public confidence in local government and politics in general. We are also going to have to maximise limited resources and be more accountable for our policies and programmes. I am under no illusions that there are challenging times ahead.

However I have every confidence that as a Council we will meet these challenges head on – and that we will continue to deliver and to manage services efficiently within the resources that we have – whether its maintaining water quality, street lighting, public

3 parks, developing public areas and community facilities or staging family friendly events to name but a few, we will serve the public interest and act responsibly.

There are many, many good news stories to tell about local government, and about this Council in particular, and I intend to tell them over the coming year. The negativity must be dispelled and I will be looking to the Elected Members in particular, to assist me in the process of reputation building.

I can assure you that I am well aware of the honour bestowed upon me as Cathaoirleach for 2011/2012. I look forward to the opportunities that the role will offer me as first citizen and I thank you Councillors, management and staff in advance, for your support both in and out of the Chamber over the coming year.

In this regard, I propose to pursue 2 key themes during my term of office –

1. Promoting the Regeneration of Dún Laoghaire Town I am very anxious to promote the regeneration of Dún Laoghaire town - the capital of Dún Laoghaire Rathdown in order to ensure that the town recovers lost ground and realises its enormous potential. I am convinced that this can be best achieved by reinventing the Dún Laoghaire town brand based on the exciting work of the BRAND project, building on the many positive initiatives already underway and challenging the purveyors of ‘doom and gloom’ who unfortunately dominate the media portrayal of the town.

With this in mind I propose to chair a major Conference on the future of Dún Laoghaire town in October as part of the Innovation Dublin Festival. The Conference will cover the following themes:  the benefits of place making and branding in the regeneration of Dún Laoghaire,  the Council’s role in developing the public realm, in delivering major infrastructure and in organising events as part of place making in Dún Laoghaire,  the role of the Harbour Company in contributing to the renaissance of Dún Laoghaire and  a new Retail Strategy for Dún Laoghaire.

2. Assisting the Business Sector Apart from a deep personal commitment to Dún Laoghaire town I am very conscious of the difficulties being faced by the business sector across the county and especially by small businesses as a consequence of the severe decline in the economy.

Over the years the Council has been sensitive to the burden of the commercial rates it imposes on the business sector. In this regard, it is worth pointing out that increases in the Council’s commercial rate (ARV) have generally been below inflation since 2003. In addition, the Council reduced its ARV by 2% in both 2010 and 2011. Indeed were it not for the need to make a €3.5m provision against expected valuation losses in 2011, arising from successful appeals to the Valuation Office/Tribunal, the reduction in the Council’s ARV in 2011 could have exceeded 5%.

While the record of the Dún Laoghaire Rathdown Council compares very favourably with other local authorities the reality is that most of the benefit of the significant efficiencies in service delivery that have been achieved by the Council over recent years have been appropriated by Central Government through significant reductions in Local Government Fund and other grant aid.

I propose to set the achievement of a significant reduction in the Council’s commercial rate (ARV) in the 2012 Budget as an objective of my period in office.

4 This will have to be achieved while continuing to maintain the broad range of services the Council provides. This will not be an easy task but I believe it is a worthy objective that can be realised by working together with Council management. A significant reduction in rates will directly benefit all businesses in the county and help sustain employment. It will also improve the competitive position of the county as a whole as it will help reduce the gap in ARVs between Dún Laoghaire Rathdown and the other Dublin counties, which has widened significantly as a direct consequence of the revaluation.

Finally, I would like to extend a special welcome to my family this evening. Without them, and my wife in particular, my role in public life would not be possible.

Thank you.

C/605/11 Election of An Leas Cathaoirleach - Local Government Act, 2001 (Section 36)

An Cathaoirleach, Councillor J. Bailey invited nominations for the office of Leas Cathaoirleach.

Councillor J. Dillon Byrne was proposed by Councillor D. O’Callaghan and seconded by Councillor M. Baker.

NO OTHER CANDIDATES PRESENTED THEMSELVES FOR ELECTION, AS COUNCILLOR J. DILLON BYRNE WAS THE ONLY CANDIDATE SHE WAS DECLARED ELECTED AS LEAS CATHAOIRLEACH TO HOLD OFFICE UNTIL THE ELECTION OF HER SUCCESSOR.

An Leas Cathaoirleach, Councillor J. Dillon Byrne thanked the Members for their support.

C/606/11 Adjournment of Meeting

On conclusion of the Annual Meeting business on the agenda it was AGREED to ADJOURN the meeting for twenty minutes. It was also AGREED to conclude the meeting at 7.30 p.m. this evening.

C/607/11 Reconvening of Meeting

The meeting reconvened at 6.20 p.m.

C/608/11 Item Not On Agenda

Councillor T. Murphy – Declaration of Interest

The following statement was READ by Councillor T. Murphy:

“Cathaoirleach,

With your permission I wish to make the following statement to the Council:

‘A report entitled ‘Development Contribution & Supplementary Development Contribution Schemes – Annual Indexation’ was considered by the Council at its February 2011 meeting. This report proposed that the annual indexation provisions contained in the Council’s Levy Schemes would not be applied in 2011 ‘in recognition of

5 the prevailing economic circumstances’. This report was considered and noted unanimously by the Council.

It has come to my attention that as I have an interest in a development site on Murphystown Road in respect of which I secured planning permission on 3 December 2010 for a temporary ‘park and ride’ facility to serve the Luas Line B1 extension to Cherrywood I potentially stood to benefit from the decision of the Council in this matter. I had previously declared my ownership of the site in the Annual Declaration of Interests under Part 15 of the Local Government Act, 2001. However, in accordance with Section 177 (1) of the Local Government Act 2001, I now realise that I should have disclosed the nature of my interest to the meeting and withdrawn from the meeting while the matter was being considered. I failed to do this as I did not realise at the time that I had an interest in the matter which was the subject of the report.

A report entitled ‘Development Contribution & Supplementary Development Contribution Schemes - Treatment of Dedicated ‘Park & Ride’ Facilities Servicing the Luas Line B1 Extension to Cherrywood’ was considered by the Council at its March meeting. Following a vote, the Council agreed a proposal whereby, subject to the compliance with certain conditions to be certified by the RPA, the Section 49 (Luas) Levy would not be applied in the case of temporary Park & Ride facilities serving the Luas B1 line and the Section 48 Development Contribution levy would be applied at 25% of the standard rate.

As I had an interest in his matter I withdrew from the meeting while this item was being considered by the Council. I had previously declared my ownership of the site in the Annual Declaration of Interests under Part 15 of the Local Government Act, 2001. However, I now realise that in accordance with Section 177 (1) of the Local Government Act, 2001 I should have disclosed the nature of my interest to the meeting prior to withdrawing. I failed to do this as I did not fully appreciate the obligations imposed on me as an Elected Member by Section 177 (1) of the Act.

I wish to bring these matters to the attention of the Council and to express my sincere regret for any inconvenience my oversights may have caused.’

Councillor Tom Murphy 13 June 2011”

The statement was NOTED by the Members. Mr. O. Keegan, County Manager stated that he would seek legal advice on any implications arising from Councillor Murphy’s statement.

C/609/11 Vote of Condolence

A vote of condolence was passed with the family of Mr. Christopher Hosey R.I.P.

A vote of condolence was passed with the family of former Minister for Finance Deputy Brian Lenihan R.I.P.

A vote of condolence was passed with the family of former Taoiseach Dr. Garret Fitzgerald R.I.P.

A vote of condolence was passed with the family of former Attorney General Mr. Declan Costello R.I.P.

A vote of condolence was passed with the family of Mrs. May Lambert R.I.P.

6 An Cathaoirleach, the Members, the Manager and staff stood and observed one minutes silence as a mark of respect.

C/610/11 Confirmation of Minutes

(a) Minutes of County Council Meeting held on 11th April 2011

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

“That the minutes of County Council meeting held on 11 April 2011 be ADOPTED and APPROVED.”

(b) Minutes of County Council Meeting held on 9th May 2011

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

“That the minutes of County Council meeting held on 9th May 2011 be ADOPTED and APPROVED.”

C/611/11 Questions

It was proposed by Councillor J. Dillon Byrne , seconded by Councillor N. Bhreathnach and RESOLVED:

“That pursuant to Standing Order No. 92 question numbers A.1 to A.25 be ADOPTED and APPROVED.”

C/612/11 Water Meters

Question: Councillor M. Baker “To ask the Manager to confirm if any plan is in place to install water meters into domestic property? If so when will works commence and what will be the likely timescale for such works?”

Reply: “The Government has indicated that domestic water meters will be installed and water charges will be introduced. However, no indication has been given as to the method, financing or timing.”

C/613/11 Various Masterplans for the County's Parks

Question: Councillor M. Baker “To ask the Manager to provide an update on the progress achieved on the various masterplans for the County's parks? and to give a timeframe for the remaining works?”

Reply: Masterplan Projects Completed Next Action in 2011 Kilbogget All-weather pitch Complete construction of all- Park Extension of Boxing Club at Ballybrack weather pitch at Coolevin

7 Community Facility, Coolevin. (July 2011) Extension to car park with floodlighting Two Multi Use Games Areas Ponds and wetlands. Netting at each end of GAA pitch. Signage, additional pavements and public lighting Shanganagh Playground Part 8 commencing for up- Park Dogs Off-leash area grading of facilities at Tennis Trim trail Club and Bowling Club. Netting at each end of GAA pitch. Signage and additional pavements. Marlay 2 Playgrounds Toilets to be provided at Demesne Golf Course with synthetic greens playground. Dogs Off-leash area Golf pavilion and cafe to Tennis Courts up-graded commence Signage and additional pavements.

8 Blackrock Playground at Booterstown and up-grading Commence restoration of Park of existing playground Martello Tower for cultural Remedial improvements to grass surfaces uses. at Booterstown end of park. Extend playground at Signage Booterstown. Screening at rear of halting site Re-location and screening of bring centre at Booterstown Sallynoggin Playground Park Footpaths Three 7 a side All Weather pitches Removal of unsightly walls and installation of park railings. Ballawley 2 playgrounds Park Rockfield 2 sets of changing rooms completed and Holly Signage and additional pavements. park Additional tennis court Playground Footpaths Hyde Park, Pitch drainage Flood drainage and MUGA to Dalkey be completed by September.

C/614/11 Proposed Poolbeg Incinerator Project

Question: Councillor V. Boyhan “To ask the Manager to provide a report on the current impasse at the proposed Poolbeg Incinerator Project and to indicate what legal or financial exposure the Council will have as a result of the project?”

Reply: “The Dublin Waste to Energy project is a Public Private Partnership between Dublin City Council (acting on behalf of the four Dublin Local Authorities) and Dublin Waste to Energy Ltd, a consortium of DONG and Covanta Energy Ltd, to provide a thermal treatment plant to treat waste from the Region that cannot be reused or recycled.

The Dublin Waste to Energy Project is part of the implementation of the Dublin Waste Management Plan. The proposed facility will be developed to primarily serve the Dublin Region. The Dublin Region, for the purposes of the Plan, consists of the administrative areas of Dublin City Council, Fingal County Council, South Dublin County Council, and Dun Laoghaire-Rathdown County Council. Dublin City Council (DCC) is the Lead Authority acting on behalf of the four Local Authorities.

The PPP Co (DWTE Ltd) and the Authority (DCC) are preparing for the commencement of the construction phases of the project.

The four Dublin Local Authorities have spent substantial sums to date in land acquisition, statutory processes and client representative costs etc. These costs have been shared by the four authorities and the DLR amount is based on the share of population in the region i.e 16.34%. To date this amounts to approx €7 million.

There is a put or pay clause in the contract. If the PPPCo (DWTE Ltd) process 550,000 tonnes or achieve a certain minimum revenue target (this could involve processing less than 550,000 tonnes) then in these circumstances, irrespective of the source, the put or pay clause does not apply.”

9 C/615/11 Acquired Property

Question: Councillor V. Boyhan “To ask the Manager to confirm if the Council have acquired any property or real estate in the last year and if so to provide details?”

Reply: “Property Management Section Details of property or real estate acquired by Property Management Section from June 2010 to date are as follows:

S.E.M South Eastern Motorway Scheme C.P.O Ballinteer Ballinteer Road/Wyckham By Pass C.P.O M.R.R Monkstown Ring Road C.P.O S.C.R Southern Cross Route C.P.O Ballyogan/Glenamuck Ballyogan Glenamuck CPO Wyc - By Pass Ext Wyckham By Pass Extension CPO H.D.A Housing Acquisition Corporate Services Dun Laoghaire Rathdown County Council R.L.A Road Land Acquisitions Dundrum Dundrum Main Street By Pass Order Kilgobbin Kilgobbin Road Improvement S'Ford to Drumm Sandyford to Drummartin Link Road Murphy Murphystown Road Order Env Environment

2010 DLRCC CPO (Monkstown Ring Road) Plot 44 Roads MRR DLRCC CPO (Sandyford/Drummartin Link Road) Order 2008. Plots Roads S'Ford to Drumm 1/4/4.1/4T DLRCC CPO (Monkstown Ring Road) Plot 34 Roads MRR DLRCC CPO (Monkstown Ring Road) Plot 42 Roads MRR DLRCC CPO (Monkstown Ring Road) Plot 41 Roads MRR DLRCC CPO (Monkstown Ring Road) Plot 40 Roads MRR DLRCC CPO (Monkstown Ring Road) Plot 37/37a Roads MRR DLRCC CPO Monkstown Ring Road Plot 31 Roads MRR DLRCC CPO Monkstown Ring Road Plot 39 Roads MRR DLRCC CPO Monkstown Ring Road Plot 29 Roads MRR DLRCC CPO Monkstown Ring Road Plot 30 Roads MRR Acquisition of land on Kilgobbin Road Roads Kilgobbin DLRCC CPO Monkstown Ring Road - Plot 38 & 38a Roads MRR DLRCC CPO Monkstown Ring Road - Plot 46 & 46a Roads MRR DLRCC CPO Monkstown Ring Road Plot 33 Roads MRR DLRCC CPO Monkstown Ring Road Plot 45, Roads MRR Acquisition of land on the Killgobbin Road Roads Kilgobbin Acquisition of land on the Kilgobbin Road Roads Kilgobbin DLRCC CPO Monkstown Ring Road Plot 32 Roads MRR 3 Annaville Avenue Blackrock Co. Dublin, Roads MRR DLRCC CPO Monkstown Ring Road Plots 36 & 36a Roads MRR RLA1213 Acquisition at The Ramparts, Loughlinstown, Co Dublin Roads Roads MS9/10 & 10A Acq 107Sq M - South Eastern Motorway Roads SEM MS9/10 & 10A Acq 107 Sq M - South Eastern Motorway Roads SEM DLRCC CPO Monkstown Ring Road Plot 35 Roads MRR PLOTS 2.1, 3.1, 3.2 MURPHYSTOWN RD, CPO Roads Murphy Plot 12A Roads SEM Fishermans Hut For Corporate 2738 Services Plot 1 Roads MRR

10 2011 DLRCC CPO SEM PLOTS 49/49a1/49a2/49a3/229c Roads SEM MS9 127 SEM Roads SEM Foothpath into DLRCC Ownership Location - South Mede Wyckham, Roads Dundrum Dundrum D14

Housing The Department of the Environment, Heritage and Local Government advised the Council late last year that there was limited funding available to purchase properties for social housing. The Council acquired 6 properties on the open market, all one bedroom units; all sales have been fully completed.

Five of these units are in the Dún Laoghaire functional area and one is in the Dundrum functional area.

It is unlikely that there will be further funding available in 2011 to acquire properties on the housing market.

Furthermore, under a Part V Agreement entered into in respect of the former Dún Laoghaire golf course lands, the Council acquired 143 apartments at Honey Park in November / December 2010. Of these, 63 are affordable units comprising 20 x 1 bedroom and 43 2 x bedroom apartments; the remaining 80 are for social housing purposes and comprise 16 x 1 bedroom, 46 x 2 bedroom and 18 x 3 bedroom apartments.”

C/616/11 Electricity Supplier

Question: Councillor V. Boyhan “To ask the Manager to provide details of the electricity supplier for Dún Laoghaire Rathdown County Council and to indicate when this service was last put out to tender?”

Reply: “Energia is the electricity supplier for Dun Laoghaire Rathdown County Council. This contract went to tender in October 2007 and awarded to Energia in December 2007. The duration of the contract was for 2 years.

The National Procurement Service has a framework of electricity suppliers in place for the procurement of electricity on a national basis. They are in the process of reviewing and analysing data submitted by local authorities (the Council submitted electricity details in May), government agencies etc. with a view to holding a mini competition within the framework. It is expected that the contract from this mini competition will be ready for commencement in early August.”

C/617/11 Emergency Response Plan

Question: Councillor V. Boyhan “To ask the Manager to provide a detailed briefing to Councillors and staff on the Emergency Response Plan for the County?”

Reply: “A report on the Major Emergency Plan was presented to the Dun Laoghaire Area Committee on 22nd November 2010 and to the Dundrum Area Committee on 6th December 2010. A further update on the Major Emergency Plan and any other aspects of

11 emergency response will be presented to the Area Committees in the autumn if required.”

C/618/11 Funding Allocated to the Arts Office

Question: Councillor V. Boyhan “To ask the Manager to set out a summary of funding allocated to the Arts Office from 2007 to date under the following headings: - Year - Total Arts Council Allocation - DLR Council Net Allocation - Total Allocation?”

Reply: “These figures represent the Arts Office Programme budget. This does not include salaries, subventions to the Pavilion Theatre and the Mill Theatre, Public Art (capital codes) or the Festival of World Cultures. Please note that the Arts office also generates income from sources other than the Arts Council such as rental from the Grainstore, box office receipts and partnerships with other organisations within the County.

Year: 2007 Total Arts Council Allocation: €120,000 Other generated income: €71,000 DLR Council Net Allocation: €246,000 Total Allocation: €437,000

Year: 2008 Total Arts Council Allocation €120,000 Other generated income €78,000 DLR Council Net Allocation €303,000 Total Allocation €501,000

Year 2009 Total Arts Council Allocation €110,000 Other generated income: €103,000 DLR Council Net Allocation €257,000 Total Allocation €470,000

Year 2010 Total Arts Council Allocation €89,000 Other generated income: €103,000 DLR Council Net Allocation €288,000 Total Allocation €480,000

Year 2011 Total Arts Council Allocation €80,000 Other generated income: €75,000 DLR Council Net Allocation €200,000 Total Allocation €355,000.”

C/619/11 Landfill

12 Question: Councillor J. Dillon Byrne “To ask the Manager to say if this County Council benefits financially from any commercial company who uses waste as an energy source drawing from our landfill, for waste?”

Reply: “Greenstar maintain and operate the gas extraction infrastructure. The infrastructure includes two gas engines which burns the landfill gas and converts it into electricity for the national grid. The Council receives royalties, which are currently approximately €90,000 per annum.”

C/620/11 Landfill Euro Objective

Question: Councillor J. Dillon Byrne “To ask the Manager to explain how a landfill euro objective will further curtail the amounts of material which can be placed in landfill from 2013?”

Reply: “The EU Landfill Directive [1999/31/EC] requires the reduction in bio-degradable waste to be sent to landfill. Reduction targets have been set for July 2013 and July 2016.

Food separation from the waste stream has been identified as a principal mechanism to achieve these reductions. To accomplish this the Food Waste Regulations (for businesses) are being enforced and the ‘brown’ bin (for householders) are being introduced.

In addition, the proposed increases in the landfill levy will deter material being sent to landfill.”

C/621/11 Part 8 Projects

Question: Councillor S. Fitzpatrick “To ask the Manager if a penalty clause, for non completion of work by a set date on Part 8 projects, is included as standard in contracts between Dún Laoghaire Rathdown County Council and Companies employed to carry out capital work. Would the Manager state if the Council is satisfied that capital projects are being completed within agreed timeframes and that the necessary penalty clauses are in place to ensure timely competition of public capital projects?”

Reply: “Capital works are currently being undertaken by Dún Laoghaire Rathdown County Council in accordance with the Conditions set out in the Public Works Contract suite of contract documents. Clause 9 in all of the forms states that the works are to be completed within the set date otherwise the contractor shall pay the employer liquidated damages at the rate stated in the schedule to the contract. Clause 9 also allows that if a delay event occurs which is not as a result of the contractor's act or omission and that the delay cannot be avoided, then there shall be an extension to the date for completion. This standard clause is included in all contracts to ensure that the works are completed within the agreed timeframe.”

C/622/11 Public Lights

Question: Councillor S. Fitzpatrick

13 “To ask the Manager what the waiting time currently is for public lights to be fixed by contractors employed by Dún Laoghaire Rathdown County Council. Could the Manager please state what measures or plans are in place to increase the level and quality of lighting service to the public.”

Report: “For a simple one lamp outage due to a spent lamp, the contract conditions vary between Airtricity Utility Solutions (AUS) who maintain the overhead lighting (OHN), ESB Network who are responsible for the Overhead Cables and Read Electrical Ltd, who maintain the underground network in the west of the County. 66% of Council’s total lamp population of c22,000 is maintained by AUS . The private contractor maintains the balance, which is electrically supplied by underground cable (UGN)

Network Type Contractor Spent Lamp Sequential Lamp (Outage/Cable Fault) ONG AUS/ESBN Within 1 month 10 days UNG Read Elect Within 2 weeks 18 days

It should be noted that the most complex problems occur with damage to the underground network particularly by excavations by statutory bodies, Developers, Council’s Departments:- Roads, Environmental Services, Parks, etc.; others or through vandalism. The consequential discontinuation of supply gives rises to large scale outages. A fault detection contractor is required to precisely determine the location of the damaged cable. The damage may have occurred due to a simple cable nick which leads to cable breakdown over time due to water-electrical action fostered by long term heavy rain. Contractors are invited to advise the Public Lighting Section on cable damage, to leave the cable exposed and uncovered by soil; under such conditions, a repair is made within 2 days maximum. For example Rock Road, Blackrock had 4 such faults over a 6 week period due to excavations by a Telecom Eireann civil contractor.

Another factor hindering maintenance is lack of access by the maintenance contractor to the fault such as parked vehicles and locked gates.

For the public lights installed on ESB Network supply poles, there are rarely power outages for greater than 48 hours as the poles also supply domestic customers.

A more pressing complexity is new public lighting in new residential estates. Problems of columns without supply cable are not unknown. Such lighting is not taken in charge until the road is taken in charge.

Maximum outage level: 1% of lamp population i.e. c220 lights etc any one time; generally ½ % to ¾ %.

Measures to improve the public lighting service include a preventative maintenance program involving mass lamp replacement/cleaning lantern bowl, lantern upgrading, cable network upgrading, corroded column replacement, infill of lighting and painting of columns. A GIS public lighting asset management computerised system is now complete for the underground networks and manages and tracks all maintenance activities for each public light. This system is also used for global queries as regards when to carry out mass lamp replacement, column painting, columns suffering from on-going vandalism, intermittent faults, lamp life etc. The rollout of the GIS public lighting asset management computerised system to cover the overground networks is in process with AUS our new overhead networks maintenance contractor.

Direct Telephone line for public lighting complaints: 01-2054809 Email for public lighting complaints: [email protected]”

14 C/623/11 Public Art Sculptures

Question: Councillor S. Fitzpatrick “To ask the Manager if there is a budget in place to maintain, repair and restore public art sculptures in the County. If there is no budget in place could the Manager please examine the potential to include in the 2012 budget monies to maintain public street/park art in the County.”

Reply: “There is no Public Art maintenance budget for 2011. This will be reviewed when updating the Public Art Guidelines in partnership with other internal departments, with a view to seeking either Special Project funding in 2012 to maintain, conserve, document and promote the Council’s Public Art Collection or a reallocation of the Arts Office budget to provide for this work.”

C/624/11 Roads or Housing Estates Suitable to be Taken in Charge

Question: Councillor R. Humphreys “To ask the Manager for a list of roads or housing estates potentially suitable to be taken in charge but not yet taken in charge by the Council, broken down by Ward, and for details in each case as to when the road or estate will be taken in charge?”

Reply: “Attached below is a report on the current status on the Taking in Charge of developments in Dún Laoghaire-Rathdown, which was presented to the April County Council meeting. It is important to note however, that as all of these developments are monitored on a regular basis and consequently their position on the list / category may be amended due to changing site circumstances, it is not possible to give, with any reasonable accuracy, a date by which any particular development may be taken in Charge.

A. Estates Taken in Charge during 2010  KELSTON STILLORGAN  PAVILION GATE,CARRICKMINES  CHURCHLANDS, SANDYFORD ROAD  STONEMASON’S GREEN, RATHFARNHAM  STRADBROOK HALL, BLACKROCK

B. Estates taken in charge, to date, in 2011  CARRICKMINES WOODS (PHASE 1), CARRICKMINES  BELARMINE, STEPASIDE

C. Estates where Taking in Charge recommendations are being finalised;  BRENNANSTOWN, CABINTEELY  OLCOVAR, SHANKILL  DRUID VALLEY, CHERRYWOOD  WOODPARK HEATH, BALLINTEER

D. Estates where required works are in progress and nearing completion;  CAIRN BROOK, CARRICKMINES  TICKNOCK HILL, SANDYFORD  BALLINTYRE HALL, BALLINTEER

E. Estates where final Taking in Charge works are being negotiated with the Developers;

15  BRENNANSTOWN VALE, FOXROCK  CARRICKMINES WOODS (PHASE 2), CARRICKMINES  SPORTS SCIENCE CENTRE (DISTRIBUTOR ROAD)

F. Estates where required Taking in Charge works are in progress;  YELLOW NOOK, JOHNSTOWN ROAD, CABINTEELY  STEPASIDE PARK, STEPASIDE

G. Estates where little progress has been made in completion of listed Taking in Charge works, Enforcement Proceedings initiated/to be initiated/being considered:  OLD RATHMICHAEL, QUARRY ROAD, SHANKHILL  FERNDALE RISE, RATHMICHAEL  SWYNNERTYON (BRIGHTON SQUARE), FOXROCK  KILGOBBIN WOOD, BALLYOGAN  THE BELFRY, STEPASIDE  SIMONS RIDGE (VILLAGE CENTRE + ROCKVIEW + SANDYFORD VIEW + BRACKEN HILL + KILCROSS SQ.), SANDYFORD  AIKEN’S VILLAGE Ph1 Area 6 Grianan Fidh, SANDYFORD  AIKEN’S VILLAGE Ph2 Area 1 Clon Brugh, SANDYFORD BC 1485C  AIKEN’S VILLAGE Ph3 Area 4 Cluain Shee, SANDYFORD  CAIRNFORT, STEPASIDE  CRUAGH MANOR & CRUAGH WOODS, STEPASIDE  ELMFIELD (ACCESS ROAD), SANDYFORD  THE RECTORY, STEPASIDE

H.1. Surveys carried out and preliminary lists of Taking in Charge works sent to the Developer;  BEECHPARK DUPLEX PHASE, STILLORGAN  CARRICKMINES GREEN, CARRICKMINES  CLAREMONT, CARRICKMINES  THE GALLOPS (PHASE 7), BALLYOGAN  VERONA, SANDYFORD

H.2. Estates where Taking in Charge surveys to be undertaken;  TULLYVALE (CONTINUATION OF DISTRIBUTOR ROAD)  PENRYN (CARRICKMINES MANOR), CARRICKMINES  WYCKAM POINT (ACCESS RD TO GORT MUIRE), BALLINTEER”

C/625/11 Boarded Up Houses

Question: Councillor R. Humphreys “To ask the Manager for a list of the locations of local authority housing in the County broken down by ward in which accommodation has been boarded up, the number of boarded up units in each case, and when in each case it is proposed to lease or dispose of such boarded up units?”

Reply: “As at 30th May 2011, the Housing Department have the following dwellings which are boarded up on a short-term basis for security and insurance purposes, pending re- letting.

Ballybrack Ward: 4 Blackrock Ward: 1 Dún Laoghaire Ward: 23 Dundrum Ward: 16

16 Stillorgan Ward: 0 Glencullen/Sandyford Ward: 5

These units are being offered in accordance with the Scheme of Letting Priorities.

Every effort is made to ensure that vacant dwellings are made available for letting at the earliest possible date, however, various factors can affect the length of time a dwelling remains vacant including the number of refusals of offers of accommodation by housing applicants on dwellings.

The Council uses the opportunity of a vacant dwelling to upgrade its condition before re- letting it. These works can involve installation of new windows, rewiring, smoke alarm attic insulation, external maintenance works as well as internal decorative works.

In addition there are 5 houses (3 in the Dún Laoghaire Ward and 2 in the Blackrock Ward) which have been vacant for a longer period of time. These require major works to bring them up to the required standard and they will be upgraded and refurbished as a matter of priority over the coming year.

There are currently 84 units also boarded up in the Rosemount Apartment complex and these are due for demolition shortly.”

C/626/11 Roads in the County

Question: Councillor R. Humphreys “To ask the Manager for a list of the roads in the County broken down by ward which have been named but where no road name sign has been erected, and if he will outline when these will be erected in each case?”

Reply: The following is a list of Road names agreed at recent Area Committee Meetings :

1. An Bealach Glas ó Thuaidh (Map 1 Loc 1) Green Route Northbound

2. An Bealach Glas ó Dheas (Map 1 Loc 1) Green Route Southbound

3. Nascbhóthar Dhroim Máirtín (Map 1 Loc 2) Drummartin Link Road

4. Bealach Bhearna (Map 1 Loc 3) Bearna Way

5. Bóthar Ghleann na Muc Thuaidh (Map 1 Loc 4) Glenamuck Road North

6. Bóthar Ghleann na Muc Theas (Map 1 Loc 4) Glenamuck Road South

7. Seanbhóthar Ghleann na Muc agus teacht ar Lána an Ghailf (Old road alignment leading from Carrickmines Green R/A) Old Glenamuck Road leading to Golf Lane

8. Nascbhóthar Wyattville (Map 2 Loc 1) Wyattville Link Road

17 9. Bothar Naomh Raifeala St. Raphaela’s Road

The Transportation Department (Road Maintenance Section) orders the relevant nameplates from the suppliers and orders have been issued in respect of all the above roads. In most cases the nameplates are now in place and the remainder will be erected on site when they are made and delivered.”

C/627/11 Archives of the Council

Question: Councillor R. Humphreys “To ask the Manager whether all archives of the Council and its predecessor bodies under section 80 of the Local Government Act 2001 will be housed in the new Moran Park development, arrangements for public accessibility to such archives, and whether provision will be made in either the Moran Park or Samuel Becket developments for a civic museum of materials of County historical interest?”

Reply: “No provision has been made to accommodate the archives or museum in either of the new facilities.”

C/628/11 Roads which have not yet been Named

Question: Councillor R. Humphreys “To ask the Manager for a list of the roads in the County broken down by ward which have not yet been named?”

Reply: “The Transportation Department is not aware of any Roads within the County which have not yet been named. The items on Area Committee Agendas in recent months arose from an examination of such cases and it was considered that all un-named roads were dealt with as part of that process. If the Members are aware of any roads in their Wards which are not named, details should be provided to the Transportation Department so that the necessary procedures to name them can be commenced if considered necessary.”

C/629/11 New Eligibility Regulations for Social Housing

Question: Councillor H. Lewis “To ask the Manager what the impact of the new eligibility regulations for social housing will have on those currently on the list? How many applicants that face possible removal from the list?”

Reply: “New assessment procedures apply under the Social Housing Assessment Regulations 2011, which came into operation on 1st April 2011. A household applying for social housing support must be eligible and have a need for such support before an application form is accepted or an offer of accommodation is made. This relates to eligibility criteria such as: - Residency status - Income - Availability of alternative accommodation

18 At the meeting of the County Council to be held on 13th June 2011, the Council is requested to approve the adoption of the Allocations Scheme in accordance with Section 22 of the Housing (Miscellaneous Provisions) Act, 2009 and the Social Housing Allocation Regulations 2011 (S.I. No. 198 of 2011).

The effects of the Regulations and the Allocations Scheme are currently being examined, including the implications of these provisions for households such as those accommodated through the Rental Accommodation Scheme.”

C/630/11 An Cathaoirleach's Diary of Events

Question: Councillor N. Richmond “To ask the Manager for a copy of the official diary of events attended by the Cathaoirleach since June 2009 and if in future a diary of official events being attended by the Cathaoirleach can be sent to all Councillors on a weekly basis?”

Reply: “The Corporate Diary, which records all official engagements for An Cathaoirleach, is now circulated by the Communications Office to Councillors on a weekly basis. As part of the development of a Councillors Intranet, which was discussed at the May meeting of the OP&P Committee, it would be possible to create a link to the historical diary records going back to 2009 (0ver 130 records in total) if Councillors consider it to be useful and relevant.”

C/631/11 Remove Graffiti

Question: Councillor N. Richmond “To ask the Manager if he will present an updated report on work done by the Council to remove graffiti in the last year and if he will advise if there has been a reduction in the number of incidents of graffiti?”

Reply: “The Council has committed considerable resources in the last number of years to deal with the problem of graffiti. In 2010, with a budget of €100,000 a total of 7,096 sq. metres were removed. The budget for 2011 is €72,500 by contract while a significant unqualified amount was removed by volunteer residents and other arrangements. In addition to the use of contractors the Council assisted local residents and community groups in tackling the problem in their areas. We provide paint, equipment and graffiti removal kits to these groups. The involvement of local residents has proven the most effective method of dealing with graffiti in communities. The Council also liaise with local Gardai and a number of people have been apprehended in recent years. This has resulted in a decrease in the level of graffiti in town centre areas in particular.”

C/632/11 Single Person Tenants Living in Three Bedroomed Houses

Question: Councillor N. Richmond “To ask the Manager to provide a report indicating how many "single person" tenants, currently living in three bedroomed houses, who could downsize to smaller housing units and to facilitate transfer requests to such accommodation in an effort to free up housing for families on the Council's housing list?”

Reply: “The Housing Department is very proactive in relation to facilitating transfers from larger units to smaller sized accommodation. There are 69 single person households in three

19 bedroomed accommodation, however the Council has no legal entitlement to request tenants to downsize.

15 households have downsized in the past 5 years.”

C/633/11 Plans to Attract Foreign Business to the County

Question: Councillor N. Richmond “To ask the Manager if the Council or County Enterprise Board have any plans to attract foreign business to the County in a manner targeted at certain regions or trading blocks such as the Invest Kilkenny Initiative which seeks to attract investment from the Far East to the Kilkenny County Council area?”

Reply: “While the principal agency for foreign direct investment is the IDA, the County Council collaborates with other agencies to present information on business opportunities in the county The Council is investigating appropriate marketing platforms and information to assist the IDA in presenting investment opportunities in this County in the best light. The County continues to receive an inflow of FDI, particularly into the Sandyford Business District, as per the announcements from time to time by the IDA.”

C/634/11 DLR Leisure Services

Question: Councillor B. Saul "To ask the Manager to provide audited accounts for the last 3 years for DLR leisure services?"

Reply: “The audited accounts for dlr Leisure Services Ltd for 2009 were lodged with the Companies Registration Office as requested under the Companies Act 1963 -2009. The CEO of dlr Leisure Services has been requested to forward a copy of the 2009 accounts to the Councillor.

The 2010 accounts are currently being finalised and will be presented to the Board of dlr Leisure Services Ltd for approval prior to them being lodged with the CRO.”

C/635/11 Sundry Debtors in the Transport Department

Question: Councillor B. Saul "To ask the Manager to supply a list of sundry debtors in the Transport Department for the last 3 years?"

Reply: Please see below the Debtors for the Transportation Department for the last 3 years.

Revenue

Cat1(T) TC Euro National Primary Maintenance Grant 76,241.00 Winter Maintenance Grant 7,156.00 Local Roads Upkeep - General 20,000.00 Discretionary Grant 807,600.00 Winter Maintenance Grant 14,417.00

20 Primary Roads Improvement 205.59 Skips - Licences -700.00 Traffic Knockdowns/Counts, Sequence Reports -1,027.55 Road Closures 10,980.94 Traffic Management 800.00 Directional Signage 0.03 Wayleave Applications 77,270.00 Traffic Knockdowns 1,027.55 Road Closures 6,000.00

Total 1,019,970.56

Capital

Cat1(T) TC Text Euro South Eastern Motorway 306,182.66 Wyattville Interchange 2,239.00 M50 Upgrade 212,281.00 Luas Line B1 25.00 LUAS Line B2 24,200.00 NORTH BRAY & ENVIRONS AREA 79,594.83 LUTS Fassaroe/North Bray & Environs 102,245.00 RSRM Kilmacud/Stillorgan City 3,505.00 M11 Wilford Fassaroe TRL Installation 90,131.00 Murphystown Road Improvement Scheme 153,494.00 Parking 217,302.93 Dublin Road, Improvement Sch, Bray 34,943.03 Dun Laoghaire Golf Course (Phase 1 & 2) 70,880.20 UCD Peer Review D08A/1273 13,751.73 RSRM Seapoint Ave Dart Station - Pedestrian Crossi 1,897.00 P & D Off Street Parking 4,999.98 Enniskerry Road Imp Scheme 17,432.10 Total 1,335,104.46

C/636/11 Dog Fouling

Question: Councillor P. Stewart “To ask the Manager, recognising that dog fouling is widespread in the County, prepare a report on the worst areas (e.g. the Metals) and the possibility of re-introducing pooper scoopers and bins in those areas?”

Reply: “The areas most affected by dog fouling have generally been the coastal walkways and the metals. Over the last few months the Councils Litter Wardens have patrolled the coastal walkways on a regular basis, including weekends, once a day at least and in some areas twice a day. They have been informing dog walkers of their responsibilities with regard to dog fouling and the need to keep their dogs under control. Litter bins are already provided in these areas. The wardens also monitor the Metals but regular monitoring is difficult because of the length of walkway involved and the fact that the majority of people walk their dogs late in the evening. Litter bins have recently also been installed at intersections along the metals.

The Council ceased supplying free pooper scoopers 2 years ago due to the high cost and the budgetary cut backs. Pooper scoopers and dog waste bags are available in pet shops around the county as well as cheaper alternatives in supermarkets. It is clear that

21 responsible dog owners will continue to clean up after their dogs while other people who did not clean up after their dogs when the council supplied free pooper scoopers will continue not to do so.”

C/637/11 Education And Training For Councillors in accordance with Section 142 (5) of the Local Government Act 2001

The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED:

(a) European Influences on Local Government in Ireland, The Kingsvalley Hotel, Merlin Park, Dublin Road, Galway City; 13th – 15th May 2011 (b) Exploring Local Government Reform – Lessons to be learned from the Private Sector, The Kingsvalley Hotel, Merlin Park, Dublin Road, Galway City; 27th – 29th May 2011 (c) ‘Procurement Expenditure and Revenues in Local Government’, Silver Tassie Hotel, Letterkenny, Co. Donegal; 27th – 29th May 2011 (d) Elected Member’s Training Seminar: Renewable Energy – Local Government can make a difference, Mill Park Hotel, The Mullins, Donegal Town, Co. Donegal; 3rd – 5th June 2011 (e) Professional Development for Councillors – Performance Management for Councillors; A practical guide to influencing productivity and improving performance, Caramore Suite, Castlecourt Hotel, Westport, Co. Mayo; 24th – 26th June 2011 (f) Councillors’ Training Seminar: Reviving Rural Rail, Abbey Court Hotel, Nenagh, Co. Tipperary; 17th – 19th June 2011 (g) ICLEI European Convention 2011: Cities in Europe 2020 – Enhance sustainability now!, Bozar Centre for Fine Arts, Rue Ravensteinstraat, 23 100 Brussels, Belgium; 12th – 14th September 2011 (h) University of Limerick in partnership with Limerick Development Board: Summer School – Renewing Local Democracy Through Civic Engagement, Department of Politics and Public Administration, University of Limerick; 13th – 17th June 2011 (i) European Union Funding & Functions, Celtic Ross Hotel, Rosscarbery, West Cork; 17th – 19th June 2011 (j) Training Seminar for Councillors: Suicide – ‘A crisis in need of support’, The City North Hotel, Gormanstown, Co. Meath; 24th – 25th June 2011 (k) Elected Member’s Training Seminar: Elected Member’s Responsibilities – Indemnity from Liabilty of Decisions of the Body Corporate, The Kingsvalley Hotel, Merlin Park, Dublin Road, Galway City; 10th – 12th June 2011 (l) Louth Economic Forum Conference, The Crowne Plaza Hotel, Dundalk, Co. Louth; 9th June 2011 (m) Bioenergy 2011 – Wood Energy, Securing Ireland’s Energy Future, EPA Headquarters Building, Johnstown Castle, Wexford; 16th June 2011 (n) ‘Behind Closed Doors’, ‘Tackling Violence and Abuse in Families and Relationships: Opportunities and Constraints’, Manor West Hotel, Tralee, Co. Kerry; 18th November 2011 (o) ‘Planning for Age’ Conference, Crowne Plaza Hotel, Santry, Dublin; 22nd June 2011 (p) Elected Member’s Training Seminar: The Challenges and Opportunities facing Local Government, Irish Business and the Irish People’, Carlton Hotel Tralee, Dan Spring Road, Tralee, Co. Kerry; 17th – 19th June 2011

It is recommended that the following resolution be adopted by the Council;

“That the list of Conferences/Seminars/Training Courses set out above be ADOPTED & APPROVED in accordance with Section 142, 5 of the Local Government Act 2001.”

22 It was proposed by Councillor N. Bhreathnach, seconded by Councillor J. Dillon Byrne and RESOLVED:

“That the list of Conferences/Seminars/Training Courses set out above be ADOPTED & APPROVED in accordance with Section 142, 5 of the Local Government Act 2001.”

Councillor H. Lewis and Councillor M. Halpin wished it recorded that they were not in agreement with this approval.

C/638/11 Approval of Nominations in accordance with Section 142 (5) of the Local Government Act 2001

The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED:

“IPI National Planning Conference 2011, Radisson Blu Hotel, Galway City, 5th – 6th May 2011.  Cllr Aidan Culhane  Cllr Marie Baker

BMW Regional Assembly Annual Conference, Sheraton Hotel, Athlone, Co. Westmeath, 6th May 2011.  Cllr Tony Fox  Cllr Gerry Horkan  Cllr Pat Hand

European Influences on Local Government in Ireland, The Kingsvalley Hotel, Merlin Park, Galway City, 13th – 15th May 2011.  Cllr Maria Bailey  Cllr John Bailey

National Public Policy Making and the Councillor, Carlton Millrace Hotel, Bunclody, Co. Wexford, 20th – 21st May 2011.  Cllr Barry Saul

Professional Development for Councillors: A Guide to Getting the Right Work Done; A proven practical approach to completing important tasks faster, Kilmurry Lodge Hotel, Dublin Road, Castletroy, Limerick, 20th – 22nd May 2011.  Cllr Maria Bailey  Cllr John Bailey  Cllr Victor Boyhan

Southern & Eastern Regional Assembly Annual Conference, Mermaid Arts Centre, Bray, Co. Wicklow, 27th May 2011.  Cllr Gerry Horkan

Exploring Local Government Reform – Lessons to be learned from the Private Sector, The Kingsvalley Hotel, Merlin Park, Galway City, 27th – 29th May 2011.  Cllr Maria Bailey  Cllr John Bailey  Cllr Victor Boyhan  Cllr Pat Hand

Les Rencontres de Tallinn, Tallinna Raekoda, Tallinn Town Hall, Raekoja plats 1, Tallinn, Estonia, 9th – 12th June 2011.  Cllr Richard Humphreys

23  Cllr Jane Dillon Byrne

It is recommended that the following resolution be adopted by the Council;

“That the attendance at Conferences/Seminars/Training Courses as set out above be ADOPTED & APPROVED in accordance with Section 142, 5 of the Local Government Act 2001.”

It was proposed by Councillor J. O’Dea, seconded by Councillor S. Fitzpatrick and RESOLVED:

“That the attendance at Conferences/Seminars/Training Courses as set out above be ADOPTED & APPROVED in accordance with Section 142, 5 of the Local Government Act 2001.”

Councillor H. Lewis and Councillor M. Halpin wished it recorded that they were not in agreement with this approval.

C/639/11 Monthly Financial Report

The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED:

“DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

REVENUE ACCOUNT FINANCIAL REPORT

PERIOD: 01/01/2011 - 30/04/2011 4 33.33%

EXPENDITURE

SERVICE DIVISION TOTAL BUDGET EXP. as % EXPENDITURE of Budget. € € % A Housing & Building 11,178,575 31,880,100 35.06 B Road Transportation & Safety 8,998,223 26,556,300 33.88 C Water Services 10,547,373 32,471,200 32.48 D Development Management 3,854,338 13,169,400 29.27 E Environmental Services 11,152,467 34,710,400 32.13 F Recreation & Amenity 7,858,481 25,891,100 30.35 G Agriculture, Education, ------Health & Welfare 3,316,927 7,766,200 42.71 H Miscellaneous Services 7,211,545 22,525,600 32.01 TOTAL: 64,117,928 194,970,300 32.89

INCOME

TOTAL BUDGET INC. as % RECEIPTS of Budget. € € % A Housing & Building 8,973,881 26,554,600 33.79

24 B Road Transportation & Safety 2,211,340 10,214,600 21.65 C Water Services 2,925,968 8,905,900 32.85 D Development Management 519,407 2,001,800 25.95 E Environmental Services 3,239,906 8,318,500 38.95 F Recreation & Amenity 1,371,049 5,023,400 27.29 G Agriculture, Education, ------Health & Welfare 2,719,807 6,513,500 41.76 H Miscellaneous Services 1,549,145 5,538,900 27.97 SUB TOTAL: 23,510,502 73,071,200 32.17 Commercial Rates 29,633,033 88,899,100 33.33 Local Government Fund 10,500,000 31,500,000 33.33 Provision for credit balance 500,000 1,500,000 33.33 TOTAL INCOME: 64,143,535 194,970,300 32.90

SURPLUS at 30/04/2011 25,608

Signed: H Cunningham A/Head of Finance Date 16/05/11”

The report was NOTED.

C/640/11 Proposed Disposal of Properties

Proposed Disposal of Affordable Housing Units at Rochdale, Honey Park, Dún Laoghaire, Co. Dublin acquired under Part V of the Planning and Development Acts 2000 – 2010 and the Housing (Miscellaneous Provisions) Act, 2002, as amended

The following notice, copy of which had been circulated to the Members, was CONSIDERED:

“COMHAIRLE CONTAE DHÚN LAOGHAIRE-RATH AN DÚIN (Dún Laoghaire-Rathdown County Council)

TO EACH MEMBER OF THE DÚN LAOGHAIRE-RATHDOWN COUNCIL

Proposed disposal of Affordable Housing units at Rochdale, Honey Park, Dún Laoghaire, Co. Dublin acquired under Part V of the Planning and Development Acts 2000 – 2010 and the Housing (Miscellaneous Provisions) Act, 2002, as amended

In accordance with Part V of the Planning & Development Act 2000 as amended, the Council acquired the leasehold interest in sixty-three units at Rochdale, Honey Park, Dún Laoghaire, Co. Dublin, comprising twenty x one bedroom and forty three x two bedroom apartments, from Borg Developments and Cosgrave Developments. These units are being offered for sale to eligible applicants in accordance with the terms of the Council’s Affordable Housing Scheme and to others at the open market price, with priority being given to affordable housing applicants and to first-time buyers.

It is now proposed to dispose of one two bedroom apartment of these units, to eligible applicants who have qualified for mortgage finance from one of the approved lending agencies for the purchase of Affordable Housing (schedule available at the meeting).

25 The unit is being offered in accordance with the Council’s Affordable Housing Scheme. A drawing showing the location of the unit will be available at the meeting.

In order to comply with the requirements of Section 183 of the Local Government Act 2001, the consent of the Council is required for these disposals. It is therefore recommended that the Council approve the following resolution:

“The Council agree that the disposal of one housing unit at Rochdale, Honey Park, Dún Laoghaire, Co Dublin be carried out in accordance with the Affordable Housing Scheme as set out in the foregoing report.”

24th May 2011 Signed: Charles Mac Namara Director of Housing”

A discussion took place, during which Mr. C. Mac Namara, Director of Housing responded to Members queries. It was AGREED to arrange a site visit to Honey Park in Dún Laoghaire for the Elected Members.

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

“That the Council agree that the disposal of one housing unit at Rochdale, Honey Park, Dún Laoghaire, Co Dublin be carried out in accordance with the Affordable Housing Scheme as set out in the foregoing report.”

C/641/11 Proposed Disposal of Properties

Proposed Disposal of Affordable Housing Units at The Belfry, Enniskerry Road, Stepaside, Dublin 18, acquired under Part V of the Planning & Development Acts 2000 – 2008 and the Housing (Miscellaneous Provisions) Act, 2002 as amended

The following notice, copy of which had been circulated to the Members, was CONSIDERED:

“COMHAIRLE CONTAE DHÚN LAOGHAIRE-RATH AN DÚIN (Dún Laoghaire-Rathdown County Council)

TO EACH MEMBER OF THE DÚN LAOGHAIRE-RATHDOWN COUNCIL

Proposed disposal of Affordable Housing units at The Belfry, Enniskerry Road, Stepaside, Dublin 18, acquired under Part V of the Planning & Development Acts 2000 – 2008 and the Housing (Miscellaneous Provisions) Act, 2002 as amended

In accordance with Part V of the Planning & Development Acts 2000 – 2008 the Council have acquired seventy-seven apartments at The Belfry, Enniskerry Road, Stepaside, Dublin 18, consisting of 22 x one-bedroom, 40 x two-bedroom and 15 X three-bedroom apartments, from John Fleming Construction Ltd. These units are being offered to eligible applicants in accordance with the terms of the Council’s Affordable Housing Scheme and to others at the open market price, with priority being given to affordable housing applicants and to first-time buyers.

26 It is now proposed to dispose of one of these units, comprising of one x one bedroom apartment, to an eligible applicant who has qualified for mortgage finance from one of the approved lending agencies for the purchase of Affordable Housing (schedule available at the meeting). This unit is being offered in accordance with the Council’s Affordable Housing Scheme. A drawing showing the location of the unit will be available at the meeting.

In order to comply with the requirements of Section 183 of the Local Government Act 2001, the consent of the Council is required for these disposals. It is therefore recommended that the Council approve the following resolution:

“The Council agree that the disposal of one housing unit at The Belfry, Enniskerry Road, Stepaside, Dublin 18 be carried out in accordance with the Affordable Housing Scheme as set out in the foregoing report”.

24th May 2011 Signed: Charles MacNamara Director of Housing

It was proposed by Councillor T. Joyce, seconded by Councillor J. O’Dea and RESOLVED:

“The Council agree that the disposal of one housing unit at The Belfry, Enniskerry Road, Stepaside, Dublin 18 be carried out in accordance with the Affordable Housing Scheme as set out in the foregoing report.”

C/642/11 Proposed Disposal of Properties

Proposed Disposal of Affordable Housing Units at Wyckham Point, Dundrum, Dublin 16, acquired under Part V of the Planning & Development Acts 2000 – 2008 and the Housing (Miscellaneous Provisions) Act, 2002 as amended

The following notice, copy of which had been circulated to the Members, was CONSIDERED:

“COMHAIRLE CONTAE DHÚN LAOGHAIRE-RATH AN DÚIN (Dún Laoghaire-Rathdown County Council)

TO EACH MEMBER OF THE DÚN LAOGHAIRE-RATHDOWN COUNCIL

Proposed disposal of Affordable Housing units at Wyckham Point, Dundrum, Dublin 16, acquired under Part V of the Planning & Development Acts 2000 – 2008 and the Housing (Miscellaneous Provisions) Act, 2002 as amended

In accordance with Part V of the Planning & Development Acts 2000 as amended, the Council entered into an Agreement with Dorville Homes and O’Malley Construction who agreed to provide 70 units for affordable housing at Wyckham Point, Dundrum, Dublin 16. The developer sold 43 of these units, by way of direct sale, to affordable housing nominees of the Council. The remaining twenty-seven units (5 x 1 bedroom 16 x 2 bedroom and 6 x 3-bedroom apartments) have now been acquired by the Council, as agreed, and are being offered for sale to eligible applicants in accordance with the terms of the Council’s Affordable Housing Scheme and to others at the open market price, with priority being given to affordable housing applicants and to first-time buyers.

27 It is now proposed to dispose of one of these units, comprising of one x one bedroom apartment, to an eligible applicant who has qualified for mortgage finance from one of the approved lending agencies for the purchase of Affordable Housing (schedule available at the meeting). This unit is being offered in accordance with the Council’s Affordable Housing Scheme. A drawing showing the location of the unit will be available at the meeting.

In order to comply with the requirements of Section 183 of the Local Government Act 2001, the consent of the Council is required for this disposal. It is therefore recommended that the Council approve the following resolution:

“The Council agree that the disposal of one affordable apartment at Wyckham Point, Dundrum, Dublin 16, as set out in the attached schedule be carried out in accordance with the terms specified in the foregoing report.”

27th May 2011 Signed: Charles Mac Namara Director of Housing

It was proposed by Councillor P. Hand, seconded by Councillor A. Culhane and RESOLVED:

“That the Council agree that the disposal of one affordable apartment at Wyckham Point, Dundrum, Dublin 16, as set out in the attached schedule be carried out in accordance with the terms specified in the foregoing report.”

C/643/11 Proposed Disposal of Properties

Proposed Disposal of Housing Unit on the Open Market at Rochdale, Honey Park, Dún Laoghaire, Co. Dublin acquired under Part V of the Planning and Development Acts 2000 – 2008 and the Housing (Miscellaneous Provisions) Act, 2002, as amended

The following notice, copy of which had been circulated to the Members, was CONSIDERED:

“COMHAIRLE CONTAE DHÚN LAOGHAIRE-RATH AN DÚIN (Dún Laoghaire-Rathdown County Council)

TO EACH MEMBER OF THE DÚN LAOGHAIRE-RATHDOWN COUNCIL

Proposed disposal of Housing Unit on the Open Market at Rochdale, Honey Park, Dún Laoghaire, Co. Dublin acquired under Part V of the Planning and Development Acts 2000 – 2008 and the Housing (Miscellaneous Provisions) Act, 2002, as amended

Sale of 1 Unit on the Open Market

In accordance with Part V of the Planning & Development Acts 2000-2002, the Council acquired the leasehold interest in sixty-three units at Rochdale, Honey Park, Dún Laoghaire, Co. Dublin, comprising 20 one-bedroom and 43 two-bedroom apartments, from Borg Developments and Cosgrave Developments on the 23rd December 2010.

Due to reduced interest from affordable housing applicants unsold units in various developments throughout the County have been placed for sale on the open market with

28 priority of offer being given to affordable housing applicants and first time buyers. The units at Rochdale, Honey Park have been offered for sale to affordable applicants at reduced prices and to others at the open market price.

The disposal of the property listed on the attached Schedule was previously approved at Meeting of Council in January 2011. This property is being purchased on the open market. However, the purchaser has since opted to acquire the property jointly with his partner, whose name has been added to the attached Schedule. The purchasers have advised that they will be occupying the unit as their normal place of residence. A drawing showing the location of the unit will be available at the meeting.

In accordance with Section 183 of the Local Government Act 2001, the consent of the Council is required for the amendment to this disposal. It is therefore recommended that the Council approve the following resolution:

“The Council agree that the disposal of one unit at Rochdale, Honey Park, Dún Laoghaire, Co Dublin be carried out in accordance with the terms specified in the foregoing report”.

24th May 2011 Signed: Charles Mac Namara Director of Housing.”

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

“The Council agree that the disposal of one unit at Rochdale, Honey Park, Dún Laoghaire, Co Dublin be carried out in accordance with the terms specified in the foregoing report”

C/644/11 Proposed Disposal of Properties

LD 2259 – Proposed Disposal of Leasehold Interest in area of land together with 1 metre Wayleave at Stepaside Golf Course, Stepaside, Co. Dublin to The Electricity Supply Board

The following notice, copy of which had been circulated to the Members, was CONSIDERED:

“COMHAIRLE CHONTAE DHUN LAOGHAIRE-RATH AN DUIN (Dun Laoghaire-Rathdown County Council).

TO EACH MEMBER OF THE DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL.

LD 2259

Proposed disposal of Leasehold Interest in area of land together with 1 metre wayleave at Stepaside Golf Course, Stepaside, Co. Dublin to The Electricity Supply Board

An application was received from the Electricity Supply Board to acquire an area of land at Stepaside Golf Course, Stepaside, Co. Dublin measuring circa 10 sq. metres for a substation as shown outlined in red on Drawing No. PL-11-203 together with a 1 metre wayleave for the laying of electric underground cabling as shown outlined in yellow on Drawing No. PL-11-203. The land is owned Freehold by the Council and registered in Land Registry under Folio Nos. 18488 and 3411.

29 The area of land required for the substation and wayleave is essential for the development by the Council of an all weather pitch, including floodlighting, adjacent to Stepaside Golf Course. Accordingly there is no charge to the Electricity Supply Board for the disposal of this land and wayleave.

It is proposed to dispose of the area of land and wayleave by way of a 500 year lease for a nominal rent of €5 per annum, if demanded.

The Indenture of Leasehold Interest is to contain a Covenant that the land will revert to the County Council if the area of land is no longer used as a substation.

It is proposed to dispose of the Council’s Interest by way of Leasehold.

This proposed disposal is included as an item for consideration on the agenda at the Dundrum Area Committee Meeting (Environment, Water and Waste and Housing) to be held on Wednesday 8th June 2011.

It is proposed to dispose of a Leasehold Title to the Electricity Supply Board for a portion of land measuring circa 10 sq. metres for a substation as shown outlined in red on Drawing No. PL-11-203 together with a 1 metre wayleave for the laying of electric underground cabling, as shown outlined in yellow on Drawing No. PL-11-203 at Stepaside Golf Course, Stepaside, Co. Dublin, subject to the provision of Section 211 of the Planning & Development Act 2000 and in accordance with the requirements of Section 183 of The Local Government Act 2001 and subject to the aforementioned terms and conditions.

Owen Keegan, County Manager.

Dated 1st day of June 2011.”

It was proposed by Councillor T. Joyce, seconded by Councillor P. Hand and RESOLVED:

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

C/645/11 Proposed Disposal of Properties

LD 2260 – Proposed Disposal of Leasehold Interest in area of land at Blackrock Town Hall, Blackrock, C. Dublin to The Electricity Supply Board for a substation.

The following notice, copy of which had been circulated to the Members,. Was CONSIDERED:

“COMHAIRLE CHONTAE DHUN LAOGHAIRE-RATH AN DUIN (Dun Laoghaire-Rathdown County Council).

TO EACH MEMBER OF THE DUN LAOGHAIRE-RATHDOWN COUNTY COUNCIL. LD 2260 Proposed disposal of Leasehold Interest in area of land at Blackrock Town Hall, Blackrock, Co. Dublin to The Electricity Supply Board for a substation.

30 An application was received from the Electricity Supply Board to acquire an area of land measuring circa. 15 sq. metres for a substation on the ground floor of Blackrock Town Hall, Blackrock, Co. Dublin, as shown outlined in red on Drawing No. PL-11-193. The land is registered in the Land Registry, Co. Dublin to the Council under Freehold Folio No. 133635F.

The area of land required for the substation is essential for the refurbishment, alteration and extension of Blackrock Town Hall for the Dun Laoghaire Vocational Education Committee. Accordingly, there is no charge to the Electricity Supply Board for the disposal of this land.

It is proposed to dispose of the area of land measuring circa 15 sq. metres for the substation to the Electricity Supply Board by way of a 500 year lease for a nominal rent of €5 per annum, if demanded.

The Indenture of Leasehold Interest is to contain a Covenant that the land will revert to the County Council if the area of land is no longer used as a substation.

It is proposed to dispose of the Council’s Interest by way of Leasehold.

This proposed disposal is included as an item for consideration on the agenda at the Dun Laoghaire Area Committee Meeting (Planning & Transportation) to be held on Wednesday 8th June 2011.

It is proposed to dispose of a Leasehold Title to the Electricity Supply Board for an area of land measuring circa 15 sq. metres for a substation on the ground floor at Blackrock Town Hall, Blackrock, Co. Dublin as shown outlined in red on Drawing No. PL-11-193 subject to the provision of Section 211 of the Planning & Development Act 2000 and in accordance with the requirements of Section 183 of The Local Government Act 2001 and subject to the aforementioned terms and conditions.

Owen Keegan, County Manager.

Dated 1st day of June 2011.

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

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

C/646/11 Adoption of Allocation Scheme in Accordance with Section 22 of the Housing (Miscellaneous Provisions) Act, 2009 and Social Housing Allocation Regulations 2011 (S.I. No. 198 of 2011)

The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED:

“Housing Authorities are required under Section 22 of the Housing (Miscellaneous Provisions) Act, 2009 to make an Allocations Scheme (in place of its Scheme of Letting Priorities) in respect of the allocation of dwellings to households assessed as being qualified for social housing support. Consequent on the commencement of Section 22 on

31 14 June 2010, each Housing Authority is required to make an allocation scheme by 13 June 2011.

Social Housing Allocations Regulations 2011 made under Section 22 of the Housing (Miscellaneous Provisions) Act 2009 have been published by the Minister for the Environment, Community and Local Government in relation to an annual Allocations Scheme which informs Local Authorities in the making of a scheme of letting priorities to be known as an Allocations Scheme. Under the Act, the first Allocations Scheme has to be made by 13th June 2011, Sections 22 of the Housing (Miscellaneous Provisions) Act 2009 refers.

All Schemes of Letting Priorities made under Section 11 of the Housing Act 1988 are to be replaced by an Allocations Scheme.

A Draft Allocation Scheme was discussed at the Housing Strategic Policy Committee on 18th May 2011 and noted.

Three points, which were raised at the Housing Strategic Policy Committee Meeting, have been discussed with the Department of the Environment, Community and Local Government. Arising from these discussions, and clarification on related matters, a number of changes have been made to the draft Allocations Scheme. The principal changes relate to;

 The re-inclusion of those over the age of 55 on the Social Housing Support for Older Persons List.  The inclusion of a transfer path for tenants who were transferred to RAS prior to the implementation of the Social Housing Assessment Regulations 2011.  The inclusion of Choice Based Lettings, which will allow the Housing Department to provide for Choice Based Lettings for properties such as Low Demand Properties or other properties as the need arises.

The Council are requested to adopt the Allocations Scheme in accordance with Section 22 of the Housing (Miscellaneous Provisions) Act, 2009 and the Social Housing Allocation Regulations 2011 (S.I. No. 198 of 2011).

Accordingly, the resolution for the adoption of the Scheme is as follows:

“That the attached Allocation Scheme in accordance with Section 22 of the Housing (Miscellaneous Provisions) Act, 2009 and the Social Housing Allocation Regulations 2011 (S.I. No. 198 of 2011) be ADOPTED.”

DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL DRAFT

Allocation Scheme in accordance with Section 22 of the Housing (Miscellaneous Provisions) Act, 2009 and Social Housing Allocation Regulations 2011 (S.I. No. 198 of 2011)

PART 1 – INTRODUCTION The purpose of this Allocation Scheme is to provide a means for determining the order of priority to be afforded in the letting of Social Housing support dwellings to persons assessed as being qualified for social housing support in accordance with Section 20 of the Housing (Miscellaneous Provisions) Act, 2009 (and associated regulations).

Housing applicants will be prioritised having regard to whether their need has been accorded overall priority or their place on the housing list has been reached for the type of accommodation appropriate to their need.

32

The social housing assessment and prioritisation of all applications and subsequently the allocation of accommodation are undertaken on the basis of fairness and equity. All applicants are treated fairly with equality of treatment. The Scheme welcomes housing applications from people of all backgrounds irrespective of age, race, disability, religion, gender, sexual orientation, marital status, family status, or being a member of the travelling community.

PART 2 - ASSESSMENT OF NEED

1. Categories of Need To be eligible to be considered for the allocation of social housing support by Dún Laoghaire-Rathdown County Council an applicant must have their need for such accommodation established by the Council having regard to the following categories (relating to an applicant’s current accommodation) specified in the Social Housing Assessment Regulations 2011 which have been made pursuant to Sections 3, 20 and 32 of the Housing (Miscellaneous Provisions) Act 2009:- (a) Whether it is an institution, emergency accommodation or a hostel; (b) Whether it is overcrowded within the meaning of section 63 of the Act of 1966; (c) its fitness for human habitation, having regard to the matters set out in the Second Schedule to the Act of 1966; (d) the extent to which it meets any accommodation requirement arising from the enduring physical, sensory, mental health or intellectual impairment of a household member; (e) where it is shared with another household, whether the household that has applied for social housing support has a reasonable requirement for separate accommodation, and (f) whether it is unsuitable for the household’s adequate housing in any other material respect, having regard to particular household circumstances, or on exceptional medical or compassionate grounds.

2. Need on medical grounds A person will only be assessed as having a need on medical grounds where the provision of accommodation by the Council would in a material way improve the health of the applicant, relieve the condition from which they are suffering and/or significantly improve their ability to cope with that condition.

Where housing need on medical grounds is being considered the Council may have regard to the report of the Council’s Medical Adjudicator.

3. Applicants deliberately disimproving their housing accommodation The Council may disregard the accommodation an applicant is occupying where the Council has reason to believe that the applicant has deliberately or without good and sufficient reason done or failed to do anything other than an action or omission in good faith in consequence of which the accommodation he/she is so occupying is less suitable for his/her adequate housing than other accommodation which it would have been, or would be reasonable for him/her to occupy.

4. Unauthorised occupation of Council dwellings Where an applicant is occupying a Council owned dwelling without the appropriate authorisation they shall not be eligible for inclusion on the housing list.

5. Sharing Information with other agencies Applicants, as part of their application will be asked to indicate their consent to the Council seeking information from other appropriate agencies e.g. Department of Social Protection, regarding their application. Similarly, information obtained by the Council as

33 part of the application may be shared with other appropriate agencies where relevant to the application.

6. False or misleading information Where a housing applicant withholds information or provides false or misleading information, such information being material to their application, the Council, at its absolute discretion, shall have the right to: (i) Withhold an offer of accommodation; (ii) Suspend the application for a period of time; (iii) Place the application at the bottom of the housing list; (iv) Close the application.

In deciding which sanction should apply in any given case the Council will have regard to the extent to which the information was likely to affect any decisions, actually made or prospective, in relation to the application.

PART 3 - PRIORITISING NEED Accommodation becoming available for allocation to applicants who have been assessed as having a social housing need shall be allocated in accordance with the priorities set out hereunder. Nominations of housing applicants to accommodation provided by or through housing associations shall also be in accordance with these priorities.

7. Overall priority Overall priority will be given to the following provided suitable accommodation is available at the time: i Families or persons living in dangerous premises on whom a requisition under Section 3(9) of the Local Government (Sanitary Services) Act, 1964 has been served. ii Displacement (resulting from acts of the Local Authority). iii Families or persons rendered homeless through no fault of their own. Section 2 of the Housing Act, 1988 defines a homeless person as follows: “A person shall be regarded by a housing authority as being homeless for the purposes of the Act if: a) There is no accommodation available which, in the opinion of the authority, he/she together with any other person who normally resides with him/her or who might reasonably be expected to reside with him, can reasonably occupy or remain in occupation of, or b) He/she is living in a hospital, county home, night shelter, or other such institution, and is so living because he/she has no accommodation of the kind referred to in a paragraph (a), And he/she is, in the opinion of the authority unable to provide accommodation from his/her own resources.” iv. Applicants who in the opinion of the Council having regard to a report of the Council’s Medical Adjudicator may be accorded overall priority on medical grounds. v. Applicants who are proposed to be accommodated in standard Council housing in accordance with the Council’s Traveller Accommodation Programme. vi. Applicants who have been forced to flee violence (domestic, racial or other) who are unable to return to their home and who are not in a financial position to provide their own accommodation.

8. Emergency / Estate Management Allocations Nothing in the scheme shall operate to prevent the County Manager or a person having delegated functions in this regard from allocating a tenancy in emergency circumstances or on Estate Management grounds.

9. RAS (Chapter 4 Tenancies):

34 The housing authority may disregard the order of priority given to a household under an allocation scheme where the household is being provided with social housing support in a dwelling let to the household under a RAS (Chapter 4 tenancy) agreement having been assessed under Section 20 (3) i.e. RAS accommodation.

In the allocation of RAS accommodation, the Housing Authority will have regard to the length of time a household has been in receipt of rent supplement; the length of time a household has been on the waiting list for social housing support or a combination of both.

10. Setting aside of dwellings The Council may, from time to time set aside for persons of such category or categories as the authority may decide, a particular number or proportion of the dwellings becoming available to the authority for letting and priority shall be afforded to the specified categories in the letting of these dwellings including;

(a) Allocation to particular classes of household e.g. older persons, persons with disabilities etc. thus affording priority in the allocation of those dwellings to approved households in the relevant category of need; (b) Allocation to households transferring from other forms of social housing support e.g. RAS units and leased units. (c) For allocation under Choice Based Lettings (CBL)

11. Classification of Accommodation Need and Requirements Social Housing Support Lists will be prepared for households with a general 1,2,3,4 bedroom need, older person accommodation, traveller accommodation, homeless accommodation and enduring physical, sensory, mental health or intellectual impairment accommodation.

Persons over the age of 55 years will be eligible for inclusion on the housing list for older person accommodation.

Any applicant who is a separated parent with partial custody arrangements or access arrangements to their children shall on production of relevant documentary evidence be deemed to have a two bedroom need.

12. Placement on the Social Housing Support List Applicants who have been accepted by the Council as having a social housing support need and who have not been given overall priority shall be placed on the housing list appropriate to their household size in the chronological order of the dates on which their valid applications were received by the Council.

Where two or more applications are received on the same date they will be accorded priority in the order in which they were received by the Council. In any case of dispute regarding the order of receipt of applications the final decision shall be made by the Director of Housing.

13. Housing areas The County shall form four housing areas from the date on which this Scheme comes into effect.

In accordance with the Social Housing Assessment Regulations 2011:-

Households may identify up to three areas, a minimum of one must be in the functional area of DLRCC and two may be in the functional areas of Dublin City Council or South Dublin County Council or Fingal County Council. However a household may identify the

35 three areas in the Dún Laoghaire Rathdown County Council functional area. An applicant may change their choice(s) of area(s) once in any period of twelve months.

14. Applicants refusing accommodation In accordance with the Social Housing Assessment Regulations 2011, there is a requirement for a mandatory standard approach to dealing with refusals. - two refusals of reasonable offers of social housing [over a twelve month period and within areas of choice, except in emergencies, etc.] will result in a household being deemed to have forfeited its place on a waiting list for a period [two refusals will also mean that a household may lose rent supplement], - in the event of two refusals, a housing authority will suspend a household from the waiting list for 12 months. This will mean that the household will not be offered social housing for the suspension period and this period will not subsequently count for ‘time on list’ purposes. - A refusal of an offer under Choice Based Lettings (CBL) will not constitute a refusal under this Allocations Scheme. However, in these circumstances, the applicant will not be entitled to make a further application under CBL for a period of twelve months.

15. Rental Accommodation Scheme A household accommodated through the Rental Accommodation Scheme shall be deemed to have had their housing need met, under Section 19 of the Housing (Miscellaneous Provisions) Act 2009; RAS is a form of social housing support.

16. Policy on preventing and combating anti-social behaviour In accordance with S. 14 of the Housing (Miscellaneous Provisions) Act 1997 and its policy on combating and preventing anti-social behaviour the Council may refuse to allocate a dwelling to an applicant or nominate that applicant for a housing association dwelling or to defer such allocation or nomination where it considers that the applicant has been engaged in anti-social behaviour.

17. Pre-Tenancy Course Applicants will not receive offers of housing accommodation until they have attended and satisfactorily completed a pre-tenancy course.

18. Joint Tenancy Tenancies of local authority dwellings will normally be in the joint names of husband and wife, where appropriate, but the Manager may put the tenancy in the name of either party in exceptional circumstances. In cases, other than husband and wife, joint tenancies may be created where it is considered advisable (e.g. where a need for care or support has been established by the Council’s Housing Welfare Team).

Where a relationship subsequently breaks down, the County Manager or person having delegated functions may decide, after considering all the circumstances, which spouse/partner, if either is to be granted the tenancy. Preference will be given to the spouse/partner who has the sole or main custody of the children of the relationship.

19. Succession of tenancy On the death of a tenant the tenancy may be transferred to the tenant’s spouse or to a member(s) of the family normally resident (i.e. included on the rent assessment for a minimum of five years or for an aggregate of ten years in the previous fifteen years) in the dwelling at the date of the tenant’s death, subject to consideration of the accommodation needs of the person(s) applying to succeed to the tenancy.

PART 4 TRANSFERS

36 In general, up to 40% (i.e. 10% for each transfer list, where not exhausted) of the dwellings, which become available for allocation by the Council or for nomination to housing association accommodation will be available to households who have been approved for a transfer in accordance with the scheme hereunder.

20. Eligibility for Transfer Tenants who have completed 3 years tenancy with Dun Laoghaire Rathdown County Council will be entitled to apply for inclusion on the medical/overcrowding lists provided they meet either of the following criteria. (a) Living in overcrowded accommodation in accordance with the terms of the Council’s Scheme of Letting Priorities. To qualify for a transfer on overcrowding grounds the household must be making best use of the accommodation which it is currently occupying so that the overcrowding is unavoidable. Where a person in a household under the age of 10 years is obliged to sleep in the same room as a person of the opposite sex over the age of 10 years that household shall be eligible for a transfer on overcrowding grounds. Where a parent is obliged to sleep in the same room as one or more of their children they will be eligible for a transfer on overcrowding grounds. (b) Medical condition for which the Council’s Medical Adjudicator has awarded 5 or more medical points.

In all cases, an offer of transfer to alternative accommodation will only be made where: (i) The rent and service charges accounts are clear, where a binding legal agreement, to the satisfaction of the County Council’s Law Agent, has been entered into to pay arrears of rent and service charges. (ii) The dwelling being vacated is in a good state of repair and decoration. (iii) The household concerned is, as afar as the Council is aware, not anti-social.

21. Number of Lists There will be four transfer lists, one for overcrowding, one for medical, as referred to above, one for RAS Fixed List, and one Fixed List.

22. Position on Transfer Lists (a) Position on Fixed List (which is only applicable to tenants appointed prior to 21st May, 2001)

Length of tenancy of a designated dwelling with Dun Laoghaire-Rathdown County Council’s housing stock will determine a transfer applicant’s position on the Fixed List. In the event of equality in length of tenancy, then priority will be decided on size of family.

Where an applicant has been placed on the one bed, two bed or three bed transfer list and his/her family size and housing need changes the applicant will be offered accommodation appropriate to his/her existing housing needs when his/her place is reached on the fixed list.

(b) Position on Overcrowding List Points will be awarded as follows: i) Overcrowding Where simple overcrowding which cannot be avoided occurs 18 Where gross overcrowding which cannot be avoided occurs 20 Persons in a grossly overcrowded room 2 (per person) Where sex overcrowding which cannot be avoided occurs 5 Secondary sex overcrowding which cannot be avoided - One bedroom 3 - Two bedroom 6

37 ii) One point for each completed year on transfer list from date of application for transfer

iii) One point per family member resident in the dwelling In the event of equality of points priority will be determined by length of tenancy

(c) Position on Medical List Points will be awarded as follows: i) On recommendation of the Council’s Medical Adjudicator. ii) One point per completed year of tenancy

In the event of equality of points priority will be determined by family size and length of tenancy.

(d) RAS (Chapter 4 Tenancies) Fixed List; Tenants who were transferred to RAS (Chapter 4 Tenancies) prior to the implementation of the Social Housing Assessment Regulations 2011, will be given credit for their time on the housing waiting list from the date of their approved housing application, where they apply to transfer to another form of social housing support and were on the housing list since they commenced their RAS tenancy.

Where an applicant has been placed on the one bed, two bed, three bed or four bed transfer list and his/her family size and housing need changes the applicant will be offered accommodation appropriate to his/her existing housing needs when his/her place is reached on the RAS Fixed List.

Tenants who opt for inclusion on the RAS Fixed List will be asked to nominate one area of choice. Should they refuse a second offer of alternative accommodation in that area of choice they will be removed from the list permanently.

The RAS Fixed List will expire when all tenants have either been re-housed or have refused two offers of housing. The closing date for application for inclusion on the RAS Fixed List will be 30th September 2011.

23. Offers Transfer applicants will be required to nominate their area of choice. An applicant on the Overcrowding, Medical List, RAS Fixed List or Fixed List who refuses a second offer of alternative accommodation in his/her area of choice will be removed from the list permanently.

Any such applicant who is included on more than one list will have his/her name removed from the relevant list only.

24. Mutual Transfer Mutual transfers will be allowed between tenants with similar properties and in cases where a transfer achieves a better use of accommodation. The Council can consider applications for mutual transfer from tenants of dwellings of different sizes in certain circumstances.

25. Downsizing Priority will be given to tenants seeking to downsize their accommodation.

26. Emergencies/Estate Management

38 Nothing in the terms of this scheme shall operate to prevent the Manager from granting a transfer in emergency circumstances or on estate management grounds, as defined by the Housing (Miscellaneous Provisions) Act 1997.

27. RAS (Chapter 4 Tenancies)/Long Term Leasing Priority may be given to a household in receipt of social housing support in a property that is not owned by the Council and the house is no longer available to them through no fault/act of their own i.e. rental accommodation availability arrangements, long term leasing initiatives etc.

28. Proportion of dwellings to be offered to the four transfer lists The dwellings which become available shall be allocated equally between the Overcrowding List, Medical List, RAS Fixed List and Fixed List, where not exhausted.

29. Tenants of housing designated under the Fixed Transfer Scheme. Tenants who opted for inclusion on the Fixed List will be asked to nominate their area of choice. Should they refuse a second offer of alternative accommodation in their area of choice they will be removed from the list permanently.

The Fixed List will expire when all tenants have either been re-housed or have refused two offers of housing. The closing date for inclusion on the fixed list was 21st May 2001.

30. RAS Tenants RAS Tenants may apply for inclusion on the Overcrowding Transfer List and/or Medical Transfer List to transfer to social housing support provided they have completed a minimum of 3 years in a RAS dwelling and are overcrowded within the meaning of section 63 of the Act of 1966 and or have a medical condition which necessitates a change in their accommodation. Medical condition for which the Council’s Medical Adjudicator has awarded 5 or more medical points. A RAS tenant who refuses a second offer of accommodation may not be considered for a further offer.

In all cases, an offer of transfer to alternative accommodation will only be made where:- (i) The rent and service charges accounts are clear, where a binding legal agreement, to the satisfaction of the County Council’s Law Agent, has been entered into to pay arrears of rent and service charges. (ii) The dwelling being vacated is in a good state of repair and decoration. (iii) The household concerned is, as far as the Council is aware, not anti-social.

APPENDIX Explanatory Notes in relation to the categorisation of housing need

1) Simple overcrowding is deemed to exist when the number of persons ordinarily sleeping in the dwelling and the number of rooms therein either: (i) are such that any two of these persons being persons of ten years of age or more of opposite sexes and not being persons living together as husband and wife must sleep in the same room or (ii) are such that the free air space in any room used as a sleeping apartment for any person is less than four hundred cubic feet (the height of the room, if it exceeds eight feet, being taken to be eight feet, for the purpose of calculating free air space) and where living accommodation is not separately available to the applicant the first 100 square feet of the accommodation being taken as living room for the purpose of assessing overcrowding in sleeping

39 accommodation. 2) Gross overcrowding is defined at 240 cubic feet or less for the third (or more) person sleeping in a bedroom allowing 800 cubic feet for the first two persons. 3) Sex overcrowding is deemed to exist when persons of ten years of age or more of opposite sexes and not being persons living together as husband and wife must sleep in the same room. 4) Secondary sex overcrowding is defined as sex overcrowding in another family as a result of the applicant’s family being accommodated in the same dwelling. 5) Where a family with children are living in separate dwellings due to lack of accommodation, such a family shall be categorised as overcrowded on the basis of that accommodation occupied by the larger portion of the family and the entire family shall be considered to be living in that accommodation. 6) In the case of a family who have been allocated a dwelling and where the death of a member of the family occurs prior to the completion of the tenancy agreement, the family will be deemed to have a housing need as if the circumstances had not altered, provided that the remaining members of the family are capable of entering into a legal tenancy. 7) Where applicants occupy the following temporary dwellings: a) Tent or b) Van or other conveyance (whether on wheels or not) or c) Shed, hut or similar structure or d) Vessel, ship, boat or barge They will be considered to be living in unfit accommodation.

Ms Mary Ruane Senior Executive Officer Dún Laoghaire Rathdown County Council County Hall Marine Road Dún Laoghaire Co Dublin

9 June 2011

Draft Allocation Scheme – section 22 of Housing Miscellaneous Provisions Act, 2009

Dear Ms Ruane

I refer to your letter of 20th May 2011 outlining issues raised by members of the Housing Strategic Policy Committee when considering the draft Allocation Scheme.

As you are aware, the Housing Miscellaneous Provisions Act, 2009, is being implemented progressively, to provide a legislative framework for some policy initiatives outlined in Delivering Homes Sustaining Communities. Last year, the elements related to the incremental purchase scheme were put in place. This year, on 1 April, a new

40 standardised assessment procedure for applicants for social housing support came into effect nationwide, including maximum net income limits in every housing authority. The adoption by 13 June this year of Allocation Schemes to replace Schemes of Letting Priorities is another element of the process. The next steps include commencement of provisions relating to a more standardised approach to differential rent.

The three issues you raised in your letter cut across both the new assessment provisions and procedures set out in sections 19 -21 of the 2009 Act, and the related Social Housing Assessment Regulations, and the provisions in section 22 of the 2009 Act concerning allocation schemes, and related Social Housing Allocation Regulations.

1. RAS tenants

Since it was put in place, the Rental Accommodation Scheme (RAS) has always been considered a form of social housing support. Once tenants transferred to RAS, they went on the local authority’s differential rent scheme and were not disincentivised from improving their situation by taking up employment, as they may have been when on Rent Supplement. This position is reinforced in Section 19 of the 2009 Act which gives legislative recognition to this position on commencement of provisions in sections 19 and 20 of the 2009 Act on 1 April 2011. Therefore existing tenants were deemed from that date to be “in receipt of social housing support”. The consequence of this is that these households have had their housing need met and therefore, should no longer be included on standard “waiting lists”. Another important consequence of the change is that tenants in RAS before 1 April 2011 do not have to requalify on income grounds, or on any other eligibility criteria, to remain in social housing support in future. They will not be assessed under the new standard income limits set for new applicants for social housing. This is a significant benefit for many RAS tenants who may have increased income since taking up work subsequent to their move to RAS.

However, it is also recognised that RAS is a relatively new form of social housing support and that some RAS tenants may have expectations that they would become eligible for other forms of social housing support i.e. local authority owned stock or housing provided by Approved Housing Bodies. For this reason, when this Department issued guidance regarding the new allocation schemes to be adopted by elected members, it was suggested that that a special pathway for RAS tenants could be included in the Scheme. When developing the transfer policies in relation to RAS tenants, it is suggested that there are a number of a factors that an authority may wish to consider, including, condition of the current accommodation, length of time in RAS, period remaining on the RAS contract and the length of time on the waiting list.

I understand that DLRCC is now considering adding provision for such a special pathway and other transfer provisions for RAS tenants in the revised draft allocation scheme currently under consideration. If this provision is included in the allocation scheme, it should alleviate concerns of elected members or tenants in relation to the priority to be given to RAS tenants who may wish to transfer to other forms of social housing support, including local authority owned or leased stock, or, where appropriate, incremental purchase.

2. Applicants in private rented accommodation

The 2009 Act gave the Minister power to set income thresholds for social housing. Until now, each authority had different limits, or none. The result of this was an inconsistency which meant that applicants for social housing support, on similar incomes, could be treated very differently, just because they happened to live in different local authority areas. The new maximum limit is clearer, being a fixed figure depending on the size of the household, and set in a band which took account of the cost of private rented accommodation in that local authority area. How the net income figure is arrived at is

41 also clearer, being set out in the Household Means Policy. This clarity and transparency will facilitate both applicants and housing authorities.

To qualify for social housing support, an applicant must be eligible on various grounds including income, but must also have a need for housing. As mentioned in your letter, some households who fall within the income thresholds will not have a need for social housing support. This could include, for example, persons adequately housed within their family home, or others who are capable of providing adequately for their own housing needs through private rented accommodation. There may also be situations now where households who fall within the income limits could be in a position to purchase their own accommodation, including within affordable housing still being made available within DLR. This will obviously depend on the individual circumstances of each case.

This decision on whether an applicant household has a need is one that will be made by housing authorities, taking account, in particular, of the provisions in Regulation 23 of the Social Housing Assessment Regulations. This is an important provision, as without such a condition focussing on housing need, the intent of the legislation to provide social housing support only to households in need would be frustrated. This is not a new concept - the old legislation also included a reference to persons to be included in an assessment as being “in need of housing and unable to provide it from their own resources”. Households with special needs, which may not be met in the private market, will of course be a particular focus for social housing support.

3. Older persons In their provision of social housing and in the former Schemes of Letting Priorities, housing authorities have always identified housing for older persons as a particular category of need. Until now, when carrying out the formal statutory assessment of need under section 9 of the Housing Act 1988, “elderly persons” was one of the categories specially mentioned. There was no specific age definition for inclusion on the waiting list as “elderly”.

In the recent Assessment Regulations (Reg 24), housing authorities are now required to classify their list of qualified households (the “waiting list”) in a different way. It will first classify according to the total number of persons in the household, their gender and age. This is basic information the authority needs to plan their social housing programme – what size of dwelling is needed. The further more detailed classification will include information on specific accommodation requirements - and this is where households with a person over 65 are required to be listed separately. This provision is considered a reasonable threshold in the assessment process for the age of an “older person”, having regard to the normal retirement age and entitlement for many pensions.

The Allocation Scheme which must be adopted by elected members is a separate issue. It has many facets, but given that all social housing needs cannot be met at once, its basic purpose is to set out the priority that an authority will give to different categories of applicant households when allocating social housing support. In the current legislative provisions in section 20 of the 2009 Act, and the recent Social Housing Allocation Regulations, there is no reference to older people or any specific age definition of that group. When considering priority categories to be included in the Allocation Scheme, authorities are not restricted to any specific age limit when they are setting out priority categories. Allocation policies should ensure that an authority’s approach will always be to prioritise appropriately taking account of the characteristics of their functional area and to allocate a dwelling appropriate to each household’s particular needs. This applies across all age groups and categories of need, but especially households in particular categories, or with special needs, including older people.

If you have any further queries on any aspects of the new provisions, I will try to help.

42 Yours sincerely

______Elizabeth Munro Assistant Principal Social Housing

A discussion took place, during which Ms. M. Ruane, Senior Executive Officer and Mr. C. Mac Namara, Director of Housing responded to Members queries. The following five motions were handed up from the floor.

Motion (1) It was proposed by Councillor D. O’Callaghan and seconded by Councillors L. McCarthy, C. Smyth, R. Humphreys, N. Bhreathnach, J. Dillon Byrne, S. Fitzpatrick, J. Bailey and M. Baker:

“That these housing regulations be reviewed within six months.”

The motion was AGREED.

Motion (2) It was proposed by Councillor D. O’Callaghan and seconded by Councillors L. McCarthy, C. Smyth, R. Humphreys, N. Bhreathnach, J. Dillon Byrne, S. Fitzpatrick, J. Bailey and M. Baker:

“That the housing regulations include a transfer pathway for R.A.S contract tenants.”

The motion was AGREED.

Motion (3) It was proposed by Councillor V. Boyhan and seconded by Councillors T. Fox, C. Devlin and G. Horkan:

“That the Manager undertakes to write to all 4,175 social housing applicants setting out their allocation/status on the new housing list.”

The motion was AGREED.

Motion (4) It was proposed by Councillor D. O’Callaghan and seconded by Councillors L. McCarthy, C. Smyth, R. Humphreys, N. Bhreathnach, J. Dillon Byrne and S. Fitzpatrick:

“Amend part 1(f) to include the following words after circumstances “including undue hardship”.”

It was AGREED to DEFER this motion to the July meeting of the County Council.

Motion (5) It was proposed by Councillor D. O’Callaghan and seconded by Councillors L. McCarthy, C. Smyth, R. Humphreys, N. Bhreathnach, S. Fitzpatrick and J. Dillon Byrne:

“Amend part 2 as follows: delete the word “may” and replace with the word “shall” in the last paragraph.”

43 It was AGREED to DEFER this motion to the July meeting of the County Council.

Accordingly, it was agreed at the meeting that two motions proposed at the meeting to amend the draft Scheme would be deferred to the July meeting of the County Council for consideration. In the meantime, this would allow for a draft of the proposed amendments to issue to the Minister in accordance with Section 22 (15) of the Housing (Miscellaneous Provisions) Act 2009.

It was proposed by Councillor D. O’Callaghan, seconded by Councillor M. Baker and RESOLVED:

“That the attached Allocation Scheme in accordance with Section 22 of the Housing (Miscellaneous Provisions) Act, 2009 and the Social Housing Allocation Regulations 2011 (S.I. No. 198 of 2011) be ADOPTED.”

Councillor H. Lewis and Councillor M. Halpin wished it recorded that they were not in agreement with this approval.

C/647/11 2010 Annual Report - Section 221 of Local Government Act, 2001

The draft Annual Report 2010 for Dún Laoghaire-Rathdown County Council and the following report of the Manager, copies of which had been circulated to the Members, were CONSIDERED:

“The 2010 Annual Report is being circulated in accordance with Section 221 of Local Government Act, 2001.

The following resolution is required:

“That the Council hereby adopts Dún Laoghaire-Rathdown County Council’s Annual Report 2010 as circulated.”

Tony Pluck Director of Corporate Services and IT”

It was proposed by Councillor G. Horkan, seconded by Councillor L. McCarthy and RESOLVED:

“That the Council hereby adopts Dún Laoghaire-Rathdown County Council’s Annual Report 2010 as circulated.”

C/648/11 Reports on Group Voting for Appointments to Local Authority Committees and Other Bodies

The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED and AGREED:

“Rules for the making of appointments to Committees and other Bodies Local Government Act, 2001

Section 18 of Schedule 10 of the Local Government Act, 2001 sets out the procedure for the formation of groups for certain appointments.

44 18 (1) Where 2 or more persons are to be appointed by a local authority to a body to which this paragraph applies, then -

(a) Any group of members who are present at the meeting at the time when the business of making the appointments is reached and comprising the number of members necessary for the purposes of this paragraph may nominate a person to be a member of that body and the person shall be so appointed on that nomination without any vote being taken, and (b) The members of the body then remaining to be appointed shall be appointed successively by the members of the local authority who are not members of any group referred to in clause (a) and who were present at the meeting at the time when the business of making the appointments was reached

(2) (a) Subject to clause (b) the number of members necessary to form a group for the purposes of this paragraph shall be obtained by dividing the total number of members present at the meeting of the authority at the time when the business of making the relevant appointments is reached by the number of the appointments to be so made, or, where the number so obtained is not a whole number, the whole number next above the number so obtained (b) No member of a local authority shall be a member of more than one group for the purposes of this paragraph

(3) This paragraph applies to the following bodies:

(a) a committee of a Local Authority;

(b) a joint committee or joint body of one or more Local Authorities;

(c) a vocational educational committee within the meaning of the Vocational Educational Act, 1930;

(d) a school attendance committee within the meaning of the School Attendance Act, 1926;

(e) a Regional Authority established by order under Section 43 of the Local Government Act, 1991;

(f) A Regional Tourism Organisation;

(g) the General Council of County Councils;

(h) the Association of Municipal Authorities of Ireland;

(i) a County Enterprise Board within the meaning of the Industrial Development Act, 1955;

(j) a LEADER group established in the framework of an EU community initiative for rural development;

(k) the Dublin Transportation Office Advisory Committee;

(l) an Area Partnership Board;

45 (m) such other body or bodies as may be specified by order of the Minister either generally or in respect of one or more specified local authorities.”

C/649/11 Appointment of 3 Members to Southside Partnership - Schedule 10, Local Government Act 2001

The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED:

“The Council is entitled to nominate three of its Members to the Board of Southside Partnership for a period of one year.

In accordance with Southside Partnership procedures one third of the membership of each sector on the Board stands down after one year and they are either re-nominated or replaced by a different nominee.

The Board has requested that the Council in deciding on its nominees to have regard to the Government’s policy in relation to gender balance and the geographic remit of the Board.

For the purpose of electing Members of the Council to the Partnership, the Council Members may form groups in accordance with the rules established by Schedule 10 of the Local Government Act, 2001.

The outgoing members are Councillor S. Fitzpatrick, Councillor H. Lewis and Councillor T. Fox. They were appointed to the Board on 22nd June 2010. 3 nominations are now sought for the positions.”

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

“That Councillor T. Fox be appointed to Southside Partnership.”

It was proposed by Councillor D. O’Callaghan, seconded by Councillor N. Bhreathnach and RESOLVED:

“That Councillor S. Fitzpatrick be appointed to Southside Partnership.”

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

“That Councillor H. Lewis be appointed to Southside Partnership.”

C/650/11 Appointment of 1 Member to the Dublin City and County Regional Tourism Authority Limited

The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED:

“Under the Articles of Association of Dublin Tourism Dún Laoghaire-Rathdown County Council is entitled to nominate one Member of the Council to the Board of Dublin Tourism

46 for a period of one year and also then to attend the Annual General Meeting. The same person can be nominated to carry out both duties.

The outgoing member is Councillor L. McCarthy. Councillor McCarthy was appointed to the Authority on 22 June 2010. One nomination is now sought.”

It was proposed by Councillor D. O’Callaghan, seconded by Councillor M. Baker and RESOLVED:

“That Councillor L. McCarthy be appointed to the Dublin City and County Regional Tourism Authority Limited.”

C/651/11 Appointment of 2 Members to the Dalkey Heritage Town Company

The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED:

“Under the Articles of Association of Dalkey Heritage Town Company the Council is entitled to nominate two Members of Dún Laoghaire-Rathdown County Council annually to be Members and Directors of the Company.

The outgoing Members are Councillor J. Bailey and Councillor P. Stewart. Councillor Bailey was appointed to the Company on 22nd June 2010 and Councillor Stewart was appointed on 14th March 2011. Nominations are now sought for both positions.”

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

“That Councillor P. Stewart be appointed to Dalkey Heritage Town Company.”

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

“That Councillor J. Bailey be appointed to Dalkey Heritage Town Company.”

It was proposed by Councillor H. Lewis and seconded by Councillor V. Boyhan:

“That Councillor M. Halpin be appointed to Dalkey Heritage Town Company.”

As there are three nominations for two positions on Dalkey Heritage Town Company a roll call vote on the nominations was requested, the result was as follows:

COUNCILLORS: Patricia Melisa John Stewart Halpin Bailey Bailey, John F. √ √ Bailey, Maria √ √ Baker, Marie √ √ Bhreathnach, Niamh √ √ Boyhan, Victor √ √ Brennan, Aoife Culhane, Aidan √ √

47 Devlin, Cormac √ √ Dillon Byrne, Jane √ √ Fitzpatrick, Stephen √ √ Fox, Tony √ √ Halpin, Melisa √ √ Hand, Pat √ √ Horkan, Gerry √ √ Humphreys, Richard √ √ Joyce, Tom √ √ Lewis, Hugh √ Marren, Donal √ √ McCarthy, Lettie Murphy, Tom √ √ O’Callaghan, Denis √ √ O’Dea, Jim √ √ O’Keeffe, Gearóid √ √ Richmond, Neale Saul, Barry √ √ Smyth, Carrie √ √ Stewart, Patricia √ √ Ward, Barry √ √ Total: 24 3 22

An Cathaoirleach, Councillor J. Bailey declared Councillor P. Stewart and Councillor J. Bailey appointed to the Dalkey Heritage Town Company.

C/652/11 Appointment of 2 Members to Dún Laoghaire-Rathdown County Sports Partnership

The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED:

“The Irish Sports Council have established the Local Sports Partnership initiative as a forum for sport at a local level and is charged with improving opportunities to participate in sport for every member of the community. The district of Dún Laoghaire-Rathdown was designated as an LSP in 2007 and a Sports Coordinator was appointed in April 2008.

The Council has been requested to nominate two places on this Board – one from each of the Dún Laoghaire and Dundrum sides of the County to sit on the Board of the Sports Partnership for a period of 2 years (subject to the life of the Council).

The outgoing members of the Sports Partnership are Councillors Barry Saul and Stephen Fitzpatrick. Nominations are sought for the two vacancies.”

48 It was proposed by Councillor M. Baker, seconded by Councillor T. Joyce and RESOLVED:

“That Councillor B. Saul be appointed to Dún Laoghaire-Rathdown County Sports Partnership.”

It was proposed by Councillor D. ‘Callaghan, seconded by Councillor C. Smyth and RESOLVED:

“That Councillor S. Fitzpatrick be appointed to Dún Laoghaire-Rathdown County Sports Partnership.”

C/653/11 Affixing of the Seal of the Council to Documents - Local Government Act 2001 Part 2 Section 11

The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED and AGREED:

“In accordance with the Local Government Act, 2001 the Council is empowered to nominate any of its members to witness the fixing of the official seal of the Council to documents. It is suggested that in accordance with established practice the Council nominate each of its members for this purpose.

Standing orders of the Council state “Whenever the Seal is affixed a Member shall be present and shall testify the fact by his signature to an entry in the Seal Book specifying the document or documents sealed.”

It is suggested that in accordance with established practice the Council nominate each of its Members for this purpose.”

C/654/11 Proposed Alteration to Pay & Display Scheme at Ballinteer Road

The following report of the Manager, copy of which had been circulated to the Members, was CONSIDERED:

“Report of the Dundrum Area Committee (Planning and Transportation) held in Dundrum Office, Dundrum Office Park, Off Main Street, Dundrum on Monday, 27 April 2011

The following report by the Manager was circulated to the Members and AGREED:

"DDP/127/11 PROPOSED ALTERATION TO PAY & DISPLAY SCHEME AT BALLINTEER ROAD

The following report was CIRCULATED:

Following representations from local residents a site visit was conducted on Ballinteer Road adjacent to Simpson's hospital.

It was noted that cars were passing very close to the footway when heading towards the M50. This resulted in reduced safety for pedestrians due to the proximity of cars to the footway and made it very difficult for residents exiting their houses at this location.

49 A scheme of signing and lining was provided which included parking bays. The lining encouraged drivers into a better position on the road which improved safety for pedestrians and residents exiting their homes.

Accordingly, it is proposed to provide 4 no. Pay & Display parking spaces on the east side of Ballinteer Road. The existing Pay & Display bays on the west side are short stay.

It is proposed that this section will have long stay parking, as indicated on Drawing TT- 019-01-10A. In accordance with the Parking Control Bye-Law 2007, the charge is €2.00 per hour, €10 all day and will operate Monday to Saturday, 08.00 hours -19.00 hours.

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, and in accordance with the provision of the Local Government Act, 2001, the proposed Pay & Display Parking Scheme for Ballinteer Road, Dundrum is presented to the Area Committee for decision.

The report was AGREED."

The adoption of the foregoing report was AGREED.

Signed: Councillor Dr. Richard Humphreys Area Chairperson

The introduction of pay parking control is a reserved function of the Council. In order to implement the proposed alteration to the parking scheme for Ballinteer Road, Ballinteer the following resolution is required:

“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, and in accordance with the provision of the Local Government Act, 2001, the Council resolves to implement the proposed alteration to the Pay & Display parking control scheme on Ballinteer Road, Ballinteer.”

It was proposed by Councillor P. Hand, seconded by Councillor T. Joyce 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, and in accordance with the provision of the Local Government Act, 2001, the Council resolves to implement the proposed alteration to the Pay & Display parking control scheme on Ballinteer Road, Ballinteer.”

C/655/11 Cathaoirleach's Business: Councillor J. Bailey

The following items of correspondence have been received from potential Presidential candidates:

“a) Letter from Senator David Norris, regarding proposed presentation to a future Council Meeting. b) Letter from Mr Anthony Roe, regarding proposed presentation to a future Council Meeting. c) Letter from Mr Sean Gallagher, regarding proposed presentation to a future Council Meeting. d) Letter from Mary Davis, regarding proposed presentation to a future Council Meeting.”

50 Following a discussion it was AGREED that An Cathaoirleach, Councillor J. Bailey would review options available for the above listed potential candidates to make presentations to the Elected Members of Dún Laoghaire-Rathdown County Council. An Cathaoirleach will bring these options to the Members at the July meeting of the County Council.

C/656/11 Ministerial/Departmental Correspondence

The following items of correspondence, copies of which had been circulated to the Members, were CONSIDERED and NOTED:

“1. Letter from the Department of Health and Children in reply to letter sent by DLR Co Co re: National Children’s Hospital. 2. Letter from the Department of Environment, Community and Local Government Circular Letter: F.06/11 – Nomination of Candidates for President.”

C/657/11 Other Correspondence

The following items of correspondence, copies of which had been circulated to the Members, were CONSIDERED and NOTED:

“1. Letter from Donegal County Council in relation to a motion passed by them re: Universal Social Charge. 2. Letter from Monaghan Town Council in relation to a notice of motion adopted by them re: rates on commercial properties 3. Letter from Dublin City Council in reply to a letter sent by us re: Bram Stoker 4. Letter from Southern & Eastern Regional Assembly in relation to review €444 million spend on EU co-funded Programme. 5. Letter from ARDS Borough Council: re Resolution by Thurles Town Council- Constable Ronan Kerr.”

C/658/11 Strategic Policy Committees - Report of Chairpersons

Housing Strategic Policy Committee Meeting held on 18th May 2011

The following report of the Chairperson of the Housing SPC was CONSIDERED and NOTED:

“Housing Strategic Policy Committee Meeting held on 18th May 2011 Report of Chairperson: Councillor T. Joyce

Present:

Cllr. Aoife Brennan Crowe Michael, Mr. Cllr. Jane Dillon Byrne Fitzpatrick Seamus, Mr. Cllr. Melisa Halpin O’Connor Noel, Mr. Cllr. Denis O’Callaghan O’Neill Seamas, Mr. Cllr. Donal Marren

Apologies: Cllr. Tom Joyce; Cllr. Aidan Culhane; Ms. Catherine Morley

Chair: Cllr. Lettie McCarthy presided in the absence of Cllr. Joyce.

51 Officials Present

Mr. C. Mac Namara, Director, Ms. M. Ruane, Senior Executive Officer, Ms. M. Egan, Senior Executive Officer, Mr. D. O’Grady, A/Administrative Officer, Ms. M. Griffin, Senior Staff Officer

Observers Present

Cllr. Hugh Lewis

1. Confirmation of Minutes Minutes of the meeting of the Housing Strategic Policy Committee held on 22nd March 2011 were CONFIRMED and ADOPTED.

2. Matters arising from Minutes No matters were raised by Members.

3. Draft Allocation Scheme Social Housing Allocation Regulations 2011 (S.I. No. 198 of 2011) made under Section 22 of the Housing (Miscellaneous Provisions) Act 2009 have been published by the Minister for the Environment, Heritage and Local Government which govern the making of an Allocation Scheme. The Director emphasised that the Council has no option but to give effect to the requirements of the Act and the subsequent Regulations.

M. Ruane drew the attention of Members to the areas where the Draft Allocation Scheme (which had been circulated to Members in advance of the Meeting) differed from the current Scheme of Letting Priorities. The main areas of difference related to:-

Eligibility and eligibility requirements; Categories of need; Classification of Accommodation Needs and requirements; Housing Areas; Rental Accommodation Scheme; Eligibility for transfers.

During a wide-ranging discussion, M. Ruane and M. Griffin responded to Members’ queries regarding the implications of the draft Scheme. Members expressed their concerns that some existing and potential tenants could be disadvantaged or disqualified under the terms of the Scheme, and urged the Housing Department make the views of the Committee known to the Department of the Environment, Community and Local Government with regard to the following matters:

(1) That RAS is considered a form of social housing support and therefore local authorities are required to take RAS tenants off the Social Housing Support List (2) In relation to the Categories of Need, that some private rented tenants who may be eligible to apply for Social Housing Support as their income is under the income limits, may not be able to establish they have a need for such support under the Categories as specified in the Social Housing Assessment Regulations 2011 (3) The classification under the Regulations of Senior citizens as 65 years or more.

The Housing Strategic Policy Committee NOTED the draft Allocation Scheme. The

52 draft Scheme is listed for the meeting of the County Council on 13th June 2011 for the Council to consider adoption of the Scheme.

4. Any Other Business No other business raised.

5. Date of Next Meeting To be notified.”

C/659/11 Item Not On Agenda

Resignation of Councillor Aidan Culhane Councillor Aidan Culhane advised the Members that he was resigning from Dún Laoghaire-Rathdown County Council.

An Cathaoirleach, Councillor J. Bailey led tributes from the Members, the Manager and staff to Councillor Culhane on his resignation. Councillor Culhane has been a Member of the Council since June 1999. An Cathaoirleach wished him and his family well for the future and thanked him for his contribution to the Council.

Councillor Culhane thanked the Cathaoirleach, the Members, the Manager and staff for their good wishes.

C/660/11 Suspension of Standing Orders

An Cathaoirleach, Councillor J. Bailey informed the Members that he had received the following motion from the floor that would require the suspension of standing orders:

It was proposed by Councillor H. Lewis and seconded by Councillor M. Halpin:

“To suspend standing orders for the following motion:

Recognising: That the people of Gaza (in the words of Amnesty International) – “continue to suffer under an imposed cruel and illegal blockade under a collective punishment action against the entire civilian population, contrary to United Nations Resolutions”, and that the Freedom Flotilla 2-Stay Human represents an important and vital civil society solidarity and human aid mission to the besieged people of Gaza;

That this Council; Fully supports the Irish Ship to Gaza Campaign and the sending of the Irish ship (‘Saoirse’) to participate in ‘Freedom Flotilla 2-Stay Human’ in June 2011, and calls on the Irish Government to support and seek safe passage for the Irish citizens on board.”

A roll call vote on the motion to suspend standing orders was requested, the result was as follows:

COUNCILLORS: FOR AGAINST ABSTAINED Bailey, John F. √ Bailey, Maria √ Baker, Marie √ Bhreathnach, Niamh √

53 Boyhan, Victor √ Brennan, Aoife Culhane, Aidan √ Devlin, Cormac √ Dillon Byrne, Jane √ Fitzpatrick, Stephen √ Fox, Tony √ Halpin, Melisa √ Hand, Pat √ Horkan, Gerry √ Humphreys, Richard √ Joyce, Tom √ Lewis, Hugh √ Marren, Donal √ McCarthy, Lettie √ Murphy, Tom √ O’Callaghan, Denis √ O’Dea, Jim √ O’Keeffe, Gearóid √ Richmond, Neale Saul, Barry √ Smyth, Carrie √ Stewart, Patricia √ Ward, Barry √ Total: 3 23

An Cathaoirleach, Councillor J. Bailey declared the motion to suspend standing orders DEFEATED.

C/661/11 Capital Projects

The following motion was MOVED by Councillor R. Humphreys WITHOUT DISCUSSION:

“That the Manager provide a list of capital projects proposed within the County broken down by Ward, with the total amount of spending per ward in each case.”

The following report of the Manager, was NOTED:

“A report on the Council’s proposed capital programme 2011 – 2014 was presented to members at the May Council meeting. An analysis of the projects on a ward-by-ward basis has now been included as set out below.”

54 Appendix 1: Contractually Committed Capital Projects (Excl. Social and Affordable Housing Projects)

Department Electoral Section Council Estimated Expenditure To Be Financed Ward Area 2011 Post Total Council By Non Total 2011 Resources Council (levies Resources etc) (grants etc) €m €m €m €m €m €m Housing Losses on Housing n/a n/a 1.454 1.873 3.327 3.327 0.000 3.327 Lands Capital Aggreg. Scheme Demolition of Dundrum D 0.500 0.000 0.500 0.500 0.000 0.500 Rosemount Court Flats Complex Sub 1.954 1.873 3.827 3.827 0.000 3.827 Total Transportation Murphystown Road Glencullen/ D 3.200 0.300 3.500 2.850 0.650 3.500 Sandyford Kill Avenue QBC Dun DL 1.073 0.000 1.073 0.000 1.073 1.073 Laoghaire Churchtown Road Dundrum D 0.186 0.000 0.186 0.000 0.186 0.186 QBC Blackrock QBC Blackrock DL 0.052 0.000 0.052 0.000 0.052 0.052 Mount Merrion Blackrock DL 0.015 0.000 0.015 0.000 0.015 0.015 Avenue Sub 4.526 0.300 4.826 2.850 1.976 4.826 Total Water & Waste Servcies WSIP Dublin Region DLRCC Water n/a 1.300 0.900 2.200 0.200 2.000 2.200 Watermain Rehabilitation Ballyboden Pumps DLRCC Water n/a 0.400 0.000 0.400 0.000 0.400 0.400 Boherboy Pumps DLRCC Water n/a 0.200 0.000 0.200 0.000 0.200 0.200 Glencullen Water Glencullen Water D 0.160 0.000 0.160 0.160 0.000 0.160 Supply Scheme WSIP Sandyford H L Glencullen/ Water D 5.275 0.000 5.275 5.275 0.000 5.275 Water Supply Sandyford Hyde Park FS Relief DLRCC Drainage DL 0.400 0.000 0.400 0.400 0.000 0.400 Works Glasthule DLRCC Drainage DL 0.100 0.000 0.100 0.100 0.000 0.100 Temporsary Overflow Sandyford FS DLRCC Drainage GS 0.200 0.000 0.200 0.200 0.000 0.200 Ugrade Design Kill Avenue SW DLRCC Drainage DL 0.200 0.000 0.200 0.200 0.000 0.200 Works Moreen Relief DLRCC Drainage GS 0.100 0.000 0.100 0.100 0.000 0.100 Sewer Phase 1 Swans Hollow SW Dun Drainage DL 0.030 0.000 0.030 0.030 0.000 0.030 Relief Pipe Laoghaire Dalkey Village SW Dun Drainage DL 0.055 0.000 0.055 0.055 0.000 0.055 Pipes Laoghaire Bay Pipeline Review DLRCC Drainage n/a 0.020 0.000 0.020 0.020 0.000 0.020 Bay Pipeline Works DLRCC Drainage n/a 0.000 1.000 1.000 0.000 1.000 1.000 Pakenham SW Dun Drainage DL 0.080 0.000 0.080 0.080 0.000 0.080 Completion Works Laoghaire WSIP Shanganagh Ballybrack/ Drainage n/a 32.513 5.252 37.765 17.765 20.000 37.765 WWTP Blackrock WSIP Blackrock Drainage B 3.500 1.635 5.135 0.000 5.135 5.135 Carysfort/Maretimo Stream WSIP Glenamuck/ Glencullen/ Drainage GS 1.236 0.000 1.236 0.486 0.750 1.236 Kilternan W & S Sandyford Scheme WSIP Colimore Dun Drainage DL 1.085 0.000 1.085 0.000 1.085 1.085 Sewerage Scheme Laoghaire Sub 46.854 8.787 55.641 25.071 30.570 55.641 Total Corporate Services Ballyogan Depot Glencullen D 0.848 0.000 0.848 0.848 0.000 0.848 County Hall Dun DL 0.174 0.000 0.174 0.174 0.000 0.174 Refurbishment/Upgr Laoghaire ade

55 Harbour Square Dun DL 0.039 0.000 0.039 0.039 0.000 0.039 Phase 1 Laoghaire Metals Phase1 Dun DL 1.714 0.000 1.714 1.714 0.000 1.714 Laoghaire Metals Phase 2 Dun DL 0.700 0.000 0.700 0.700 0.000 0.700 Laoghaire DLR Properties Ltd n/a n/a 5.000 0.000 5.000 5.000 0.000 5.000 Sub 8.475 0.000 8.475 8.475 0.000 8.475 Total Planning Preparation of Glencullen/ D 0.110 0.195 0.305 0.305 0.000 0.305 Cherrywood SDZ Sandyford Plan Preparation of Glencullen/ D 0.040 0.145 0.185 0.185 0.000 0.185 Sandyford UFP Sandyford Sub 0.150 0.340 0.490 0.490 0.000 0.490 Total Environment, Culture & Community Lambs Cross Glencullen Communit D 0.031 0.000 0.031 0.031 0.000 0.031 Community Building y Meadowbrook Dundrum Leisure D 0.172 0.000 0.172 0.172 0.000 0.172 Sports & Leisure Facility Stillorgan Library Stillorgan Libraries D 0.200 0.000 0.200 0.200 0.000 0.200 Blackrock Library Blackrock Libraries DL 0.150 0.100 0.250 0.150 0.100 0.250 Berthing Dun Events DL 0.230 0.000 0.230 0.115 0.115 0.230 Infrastructure Laoghaire Urban Parks DLRCC Parks All 0.153 0.000 0.153 0.153 0.000 0.153 Kilbogget/Moreen Ballybrack/ Parks DL 0.063 0.000 0.063 0.023 0.040 0.063 MUGA Glencullen Kilbogget Pitch Dun Parks DL 0.034 0.000 0.034 0.014 0.020 0.034 Laoghaire Stepaside Sports Glencullen Parks D 1.400 0.000 1.400 1.400 0.000 1.400 Facility Kilbogget Boxing Ballybrack/ Parks DL 0.270 0.000 0.270 0.146 0.124 0.270 Club Glencullen Kilbogget All Ballybrack/ Parks DL 0.550 0.000 0.550 0.370 0.180 0.550 Weather Glencullen Deansgrange Blackrock Parks DL 0.030 0.000 0.030 0.030 0.000 0.030 Cemetary Gate Lodge Uplands Projects Glencullen Parks D 0.075 0.000 0.075 0.075 0.000 0.075 Heritage Assets DLRCC Parks DL 0.353 0.000 0.353 0.353 0.000 0.353 Dalkey Village Dun Parks DL 0.018 0.000 0.018 0.018 0.000 0.018 Improvement Laoghaire Scheme Marlay Park Car Glencullen Parks D 0.100 0.000 0.100 0.100 0.000 0.100 Park Marlay Park Depot Glencullen Parks D 0.100 0.000 0.100 0.100 0.000 0.100 Building Sub 3.929 0.100 4.029 3.450 0.579 4.029 Total

Grand 65.888 11.400 77.288 44.163 33.125 77.288 Total

Appendix 2: Proposed Capital Budget 2011 to 2014 (Excl. Social and Affordable Housing Projects)

Department Electoral Section Area Est To be Financed by Ward Expen. 2011 - Council Non Total 2014 Resources Council (levies Resources etc.) (grants etc) €m €m €m €m Transportation Lr Kilmacud Road QBC Dundrum D 4.000 0.000 4.000 4.000 Churchtown Road QBC Dundrum D 1.000 0.000 1.000 1.000 Harcourt St. Line Green Glencullen/ D 0.650 0.000 0.650 0.650 Route Stillorgan Leopardtown Road Glencullen/ D 2.052 1.852 0.200 2.052 Roundabout Sandyford Reconfiguration Leopardtown Link Road Glencullen/ D 3.724 3.724 0.000 3.724 Preliminary design Sandyford Burton Hall Road Glencullen/ D 1.000 1.000 0.000 1.000 Extension Preliminary Sandyford

56 Design M50 Junction 14 Glencullen/ D 2.500 0.000 2.500 2.500 Pedestrian & Cycle Bridge Sandyford Classon's Bridge Dundrum D 0.550 0.000 0.550 0.550 Investigation Rochestown Ave./Abbey Ballybrack DL 1.500 0.500 1.000 1.500 Road Preliminary Design Shanganagh Road Ballybrack DL 6.500 0.500 6.000 6.500 Safety DLRCC n/a 4.000 2.000 2.000 4.000 Improvements/Traffic Calming Dún Laoghaire Laneways Dun DL 1.000 1.000 0.000 1.000 Laoghaire Footpaths DLRCC n/a 2.500 2.500 0.000 2.500 Sub 30.976 13.076 17.900 30.976 Total Water & Waste Servcies WSIP Dublin Region DLRCC Water n/a 18.000 1.800 16.200 18.000 Watermain Rehabilitation Glenageary/Dalkey SW DLRCC Drainage DL 0.500 0.500 0.000 0.500 Tobernea PS Access Road DLRCC Drainage DL 0.200 0.200 0.000 0.200 Wellington Street/Crofton Dun Drainage DL 0.050 0.050 0.000 0.050 Road SW Phase 1 Laoghaire WSIP Dun Laoghaire Dun Drainage DL 0.200 0.080 0.120 0.200 Sewerage Scheme Phase Laoghaire 1 Contract 3 (Network Upgrade -Glasthule Environs) Regional Schemes DLRCC Water n/a 1.000 1.000 0.000 1.000 Regional schemes DLRCC Drainage n/a 1.000 1.000 0.000 1.000 WSIP Glencullen/ Drainage D 5.000 3.000 2.000 5.000 Sandyford/Stillorgan Stillorgan WSIP Shanganagh Ballybrack Drainage DL 6.900 1.725 5.175 6.900 Network Sub 32.850 9.355 23.495 32.850 Total Environment, Culture & Community Samual Beckett Civic Glencullen Community 21.900 20.400 1.500 21.900 Campus Phase 1 Central Library Moran Dun Libraries DL 31.050 27.550 3.500 31.050 Park (incl. reloc. of Laoghaire Bowling Club) Deansgrange Library Blackrock Libraries D 0.800 0.800 0.000 0.800 Extension Library Development DLRCC Libraries n/a 0.600 0.600 0.000 0.600 Minor Projects Loughlinstown Swimming Ballybrack Swim Pool DL 6.500 2.700 3.800 6.500 Pool Glenalybn Swimming Pool Stillorgan Swim Pool D 1.700 0.000 1.700 1.700 Marlay Park New Car Park Glencullen Parks D 1.000 1.000 0.000 1.000 & Pitches Marlay Park Heritage Glencullen Parks D 0.350 0.350 0.000 0.350 House Marlay Park Golf Pavilion Glencullen Parks D 0.670 0.670 0.000 0.670 Marlay Park Coffee Shop Glencullen Parks D 0.180 0.180 0.000 0.180 Cabinteely Park Stillorgan Parks D 0.540 0.540 0.000 0.540 Tearooms/Toilets Cabinteely Park Adventure Stillorgan Parks D 0.100 0.100 0.000 0.100 Course Shanganagh Park Bowling Ballybrack Parks DL 0.250 0.250 0.000 0.250 Club Playgrounds New + DLRCC Parks n/a 0.640 0.640 0.000 0.640 Upgrades Hyde Park Upgrade Dun Parks DL 0.475 0.200 0.275 0.475 Laoghaire Local Parks Upgrades DLRCC Parks n/a 0.750 0.750 0.000 0.750 Peoples Park Dun Parks D 1.500 1.500 0.000 1.500 Tearoom/Gate Lodge Laoghaire Recreational Facilities DLRCC Parks n/a 0.600 0.600 0.000 0.600 Tennis Jamestown Park Glencullen Parks D 0.250 0.250 0.000 0.250 Coastal Defence DLRCC Beaches DL 1.000 1.000 0.000 1.000 Shanganagh Castle Ballybrack Parks DL 1.000 1.000 0.000 1.000 Preliminary Works Heritage Projects DLRCC Parks n/a 1.250 1.250 0.000 1.250 New Parks Depot Glencullen Parks D 0.500 0.500 0.000 0.500 Dún Laoghaire Baths Dun Parks DL 1.500 1.500 0.000 1.500 Planning & Interim Laoghaire Measures

57 Killiney Park Tearooms Dun Parks DL 0.120 0.120 0.000 0.120 Laoghaire Deansgrange Cemetery Blackrock Cemetery DL 0.210 0.210 0.000 0.210 (Chapels/Columbarium Wall/ Tearooms/Toilets/Road Resurfacing Shanganagh Cemetary Ballybrack Cemetery DL 0.050 0.050 0.000 0.050 Columbarium Wall Rosemount Park Changing Dundrum Parks DL 0.400 0.400 0.000 0.400 Rooms Sub 75.885 65.110 10.775 75.885 Total

Grand 139.711 87.541 52.170 139.711 Total

C/662/11 Plans Prepared by the Council

The following motion was MOVED by Councillor R. Humphreys WITHOUT DISCUSSION:

“That the Manager provide a list of the strategies, action plans, corporate plans or similar documents that have been prepared by the Council during the past 7 years, the date of expiry in each case, and a list of the subject areas within the work of the Council where no strategy or action plan has been adopted and whether it is proposed to remedy the omission.”

The following report of the Manager was NOTED:

“The Council is not in a position to allocate the resources required to abstract the information requested in the motion.”

C/663/11 Tenders Awarded by the Council

The following motion was MOVED by Councillor R. Humphreys WITHOUT DISCUSSION:

“That further to the reply to item A6 on 9th May 2011, the Manager provide a list of the tenders awarded by the Council since 1 January 2011 which were not published by the Council on etenders.gov.ie by reason of falling below the threshold for such publication.”

The following report of the Manager was NOTED:

“The Council is not in a position to allocate the resources required to abstract the information requested in the motion.”

C/664/11 Re-entering of Items

It was AGREED to RE-ENTER Item Nos. 22 to 26, Item Nos. 28 to 34 and Item Nos. 36 to 39 to the July meeting of the County Council.

C/665/11 Conclusion of Meeting

The meeting concluded at 7.55 p.m.

58 59