Minutes Template

DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL

Minutes of the County Council Meeting held in the Council Chamber, County Hall, Dún Laoghaire, Co. Dublin on Monday, 10 April 2017 at 5.00 pm

PRESENT:

Bailey, John F Kingston, Deirdre Baker, Marie Lewis, Hugh Blain, Emma McCarthy, Lettie Brennan, Shay McGovern, Lynsey Colgan, Anne Merrigan, Michael Cuffe, Jennifer Murphy, Brian Curran, Chris Nic Cormaic, Sorcha Daly, Kevin O'Brien, Peter Devlin, Cormac O'Brien, Shane Dockery, Liam O'Callaghan, Denis Donnelly, Deirdre O'Keeffe, Dave Fayne, Mary O'Neill, Seamas Feeney, Kate Saul, Barry Furlong, Karen Smith, Dónal Gildea, Jim Smyth, Carrie Halpin, Melisa Smyth, Ossian Hanafin, Mary Stewart, Patricia Hand, Pat Tallon, Grace Kennedy, John Ward, Barry

Apologies for inability to attend were received for Tom Murphy

Absent: Carron McKinney

An Cathaoirleach, Councillor Cormac Devlin presided.

OFFICIALS PRESENT:

Philomena Poole (Chief Executive), Frank Austin (Director of Infrastructure and Climate Change), Helena Cunningham (Director of Finance and Risk Management), Andrée Dargan (County Architect, Architects), Mary Henchy (Director of Planning and Organisational Innovation), Catherine Keenan (Director of Housing), Dearbhla Lawson (Director of Economic, Community and Cultural Development), Martin Allidine (Senior Executive Officer, Municipal Services), Tom McHugh (Deputy Chief Executive and Director of Corporate, Communications and Governance), Thomas Mahon (Senior Executive Officer, Corporate, Communications and Governance), Pamela Graydon (Senior Staff Officer, Corporate, Communications and Governance) and Fergus McCafferty (Staff Officer, Corporate, Communications and Governance)

C/164/17 Votes of Condolence

A vote of condolence was passed with Councillor S. Nic Cormaic and her family on the death of her mother, Deirdre R.I.P.

A vote of condolence was passed with the families of Captain Dara Fitzpatrick and Captain Mark Duffy of the Coast Guard Helicopter Rescue 116 who died tragically while carrying out a

1 rescue mission on the west coast of Ireland on 14th March 2017. Sympathies were also expressed with the families of Winch Operator Paul Ormsby and Winchman Ciarán Smith who are currently missing at sea.

A vote of condolence was passed with Ms. A. Hegarty, Senior Executive Officer, Housing Department and her family on the death of her mother Susan R.I.P.

A vote of condolence was passed with the family of Mr. Jimmy Doyle, R.I.P.

A vote of condolence was passed with Mr. Eamon Ryan, T.D. and his family on the death of his father Bob Ryan, R.I.P.

An Cathaoirleach, the Members, the Chief Executive and staff stood and observed one minute’s silence as a mark of respect.

C/165/17 (Agenda Item No. 1) Confirmation of Minutes

Minutes of County Council Meeting held on 13th March 2017

It was proposed by Councillor B. Ward and seconded by Councillor S. Nic Cormaic:

“That the minutes of the County Council Meeting held on 13th March 2017 be ADOPTED and APPROVED.”

C/166/17 (Agenda Item No. 2) Questions

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

“That pursuant to Standing Order No. 13 (c) question numbers A.1 to A.17 be ADOPTED and APPROVED.”

C/167/17 (Agenda Item No. A1) Councillor A. Colgan- Part Vs

C/168/17 (Agenda Item No. A2) Councillor A. Colgan- HAP scheme

C/169/17 (Agenda Item No. A3) Councillor M. Halpin- Private Developments

C/170/17 (Agenda Item No. A4) Councillor M. Halpin- Rent Limits

C/171/17 (Agenda Item No. A5) Councillor M. Halpin - 200 Year Anniversary Dun Laoghaire Harbour

C/172/17 (Agenda Item No. A6) Councillor D. Kingston- Urban Foxes

C/173/17 (Agenda Item No. A7) Councillor H. Lewis- Homeless 2017

2 C/174/17 (Agenda Item No. A8) Councillor H. Lewis- Refusal of Emergency Accommodation 2017

C/175/17 (Agenda Item No. A9) Councillor H. Lewis- Hotel Stays for Homeless Families 2017

C/176/17 (Agenda Item No. A10) Councillor H. Lewis- Addition/Removal from Social Housing List 2017

C/177/17 (Agenda Item No. A11) Councillor M. Merrigan- Data Protection

C/178/17 (Agenda Item No. A12) Councillor M. Merrigan- Twinning Request

C/179/17 (Agenda Item No. A13) Councillor M. Merrigan - County Hall Car Park

C/180/17 (Agenda Item No. A14) Councillor M. Merrigan- Tree Planting

C/181/17 (Agenda Item No. A15) Councillor M. Merrigan- Bye-laws on Dog Fouling

C/182/17 (Agenda Item No. A16) Councillor D. O'Keeffe - Forest Cover Project

C/183/17 (Agenda Item No. A17) Councillor S. O'Brien- Transfer of Dun Laoghaire Harbour

C/184/17 (Agenda Item No. 3a) Conferences and Training for Councillors in accordance with Section 142 (5) of the Local Government Act 2001 as amended by Sections 53 (2) of the Local Government Reform Act 2014

List of Conferences and Training Courses for Councillors

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor L. McCarthy, seconded by Councillor D. Kingston and RESOLVED:

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

C/185/17 (Agenda Item No. 3b) Conferences and Training for Councillors in accordance with Section 142 (5) of the Local Government Act 2001 as amended by Sections 53 (2) of the Local Government Reform Act 2014

Approval of Nominations for Conferences and Training Courses

The report of the Chief Executive was CONSIDERED.

3 Training

Priorities for the Housing Sector It was proposed by Councillor P. Hand, seconded by Councillor L. McCarthy and RESOLVED:

“That Dún Laoghaire-Rathdown County Council nominates Councillors Michael Merrigan and Anne Colgan to attend “Priorities for the Housing sector in Ireland, Dublin on the 29th March 2017.”

AILG In Service Spring Training Seminar It was proposed by Councillor P. Hand, seconded by Councillor L. McCarthy and RESOLVED:

“That Dún Laoghaire – Rathdown County Council nominates Councillor Barry Ward to attend AILG In Service Spring Training Seminar, 6th & 7th April 2017 in Ennis Co. Clare.”

“That Dún Laoghaire – Rathdown County Council nominates Councillor Carrie Smyth to attend AILG In Service Spring Training Seminar, 6th & 7th April 2017 in Ennis Co. Clare.”

“That Dún Laoghaire – Rathdown County Council nominates Councillor Kate Feeney to attend AILG In Service Spring Training Seminar, 6th & 7th April 2017 in Ennis Co. Clare.”

“That Dún Laoghaire – Rathdown County Council nominates Councillor Pat Hand to attend AILG In Service Spring Training Seminar, 6th & 7th April 2017 in Ennis Co. Clare”.

“That Dún Laoghaire – Rathdown County Council nominates Councillor John Kennedy to attend AILG In Service Spring Training Seminar, 6th & 7th April 2017 in Ennis Co. Clare.”

“That Dún Laoghaire – Rathdown County Council nominates Councillor Anne Colgan to attend AILG In Service Spring Training Seminar, 6th & 7th April 2017 in Ennis Co. Clare.”

“That Dún Laoghaire – Rathdown County Council nominates Councillor Mary Fayne to attend AILG In Service Spring Training Seminar, 6th & 7th April 2017 in Ennis Co. Clare.”

LAMA Spring Training It was proposed by Councillor P. Hand, seconded by Councillor L. McCarthy and RESOLVED:

“That Dún Laoghaire – Rathdown County Council nominates Councillor Pat Hand to attend LAMA Spring Training 28th & 29thApril 2017 in Bettystown, Co. Meath.”

C/186/17 (Agenda Item No. 3c) Conferences and Training for Councillors in accordance with Section 142 (5) of the Local Government Act 2001 as amended by Sections 53 (2) of the Local Government Reform Act 2014

Conference and Training Report Documents Submitted

The report of the Chief Executive was CONSIDERED and NOTED.

C/187/17 (Agenda Item No. 4a) Proposed Disposal of Properties

Proposed Disposal of a Leasehold Interest in a Plot of Land to the ESB for the Installation of a Sub-Station together with a Wayleave at Marlay Park, Grange Road, Rathfarnham, Dublin 16

The proposed disposal was CONSIDERED.

4 It was proposed by Councillor P. Hand, seconded by Councillor B. Saul and RESOLVED:

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

C/188/17 (Agenda Item No. 5) Unaudited Annual Financial Statement for Dún Laoghaire- Rathdown County Council for the year ended 31 December 2016 and Chief Executive's report thereon

The report of the Chief Executive was CONSIDERED.

A discussion took place. It was AGREED to review the format for future reports.

Formal Approval of Additional Transfers to Capital It was proposed by Councillor M. Merrigan, seconded by Councillor J. Bailey and RESOLVED:

“That the Council approve the transfers to Capital as set out in the table below:

Table 1

DIVISION DESCRIPTION AMOUNT

Unspent Budget Allocation D Vacant Shop/Shop Front Schemes 115,000 D Village Renewal Fund 300,000 D Wi-Fi Project 35,000 E Waste Contract - Retention 69,924 F Women’s rugby world cup 150,000 F Community Contributions 20,000 H Valuation Appeals 47,000 Sub Total 736,924

Funded Additional Income/Expenditure Savings

D Scanning Costs Planning Dept. 23,000 F Libraries Fund 100,000 F Marlay Park Concerts 360,000 H Fleet replacement 500,000 H Corporate Building Reserve 1,650,000 H Active Land Management 500,000 J Legal Fees Reserve 500,000 J FOI - IT System 75,000 Sub Total 3,708,000

Total 4,444,924”

Formal Approval of Additional Expenditure It was proposed by An Cathaoirleach, Councillor C. Devlin, seconded by Councillor J. Bailey and RESOLVED:

5 “That the Council approve additional expenditure incurred during 2016 of €829,010 in Division A (Housing & Building), €319,315 in Division B (Transportation), €50,463 in Division G (Agriculture, Education, Health and Welfare) and €1,912,494 in Division H (Miscellaneous services).”

C/189/17 (Agenda Item No. 6) Report submitted in accordance with Part 8, Article 81 of the Planning and Development Regulations 2001 (as amended) the Planning and Development Regulations 2000 (as amended), and Section 138 of the Local Government Act, 2001 (as amended)

The report of the Chief Executive was CONSIDERED.

A discussion took place, during which Ms. C. Keenan, Director of Housing responded to Members’ queries.

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

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

C/190/17 (Agenda Item No. 7) Special Parking Area Pilot Scheme

The report of the Chief Executive was CONSIDERED.

The following motion (5) was handed up from the floor:

Motion (5) from the floor: It was proposed by Councillor M. Baker, A. Colgan, K. Feeney, D. Kingston, B. Ward and M. Hanafin and RESOLVED:

“That Item 7 be agreed.”

A discussion took place, during which Mr. M. Allidine, A/Director of Municipal Services, responded to Members’ queries.

It was jointly proposed and seconded by all Councillors representing the Local Electoral Area of Blackrock (Councillors M. Baker, A. Colgan, K. Feeney, D. Kingston, B. Ward and M. Hanafin) and RESOLVED:

“That in accordance with the Road Traffic Act, 1961, the Road Traffic Act, 1994, Dún Laoghaire-Rathdown County Council Parking Control Bye-Laws, 2007 to 2011, and in accordance with the provisions of the Local Government Act, 2001, the Council resolves to designate Woodbine Avenue, Woodbine Park, Woodbine Road, Trimleston Avenue, Trimleston Drive, Trimleston Gardens, Trimleston Park, Trimleston Road, Glenomena Grove, Glenomena Park, Seafield Crescent, Seafield Close, Seafield Park, Seafield Road, Seafield Drive, Bellevue Park and Ashfield Park as a Local Parking Area, and to implement pay parking controls in this Local Parking Area under the appropriate legislation.”

C/191/17 (Agenda Item No. 8) Appointment of 2 Councillors to the board of the dlr Mill Theatre

The report of the Chief Executive was CONSIDERED.

It was proposed by Councillor S. Brennan and seconded by Councillor K. Feeney:

6 “That Councillor B. Saul be appointed to the board of dlr Mill Theatre.”

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

“That Councillor S. Brennan be appointed to the board of dlr Mill Theatre.”

It was proposed by Councillor D. Donnelly and seconded by Councillor K. Daly:

“That Councillor S. O’Neill be appointed to the board of dlr Mill Theatre.”

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

“That Councillor P. O’Brien be appointed to the board of dlr Mill Theatre.”

As there were four nominations for the two positions available on the board of the dlr Mill Theatre a roll call vote took place, the result of which was as follows:

COUNCILLORS: Cllr. B. SAUL CLLR. S. BRENNAN CLLR. S. O’NEILL CLLR. P. O’BRIEN Bailey, John F. √ √ Baker, Marie √ √ Blain, Emma √ √ Brennan, Shay √ √ Colgan, Anne √ √ Cuffe, Jennifer √ √ Curran, Chris √ √ Daly, Kevin √ √ Devlin, Cormac √ √ Dockery, Liam √ √ Donnelly, Deirdre √ √ Fayne, Mary √ √ Feeney, Kate √ √ Furlong, Karen √ √ Gildea, Jim √ √ Halpin, Melisa √ √ Hanafin, Mary √ √ Hand, Pat √ √ Kennedy, John √ √ Kingston, Deirdre √ √ Lewis, Hugh √ √ McCarthy, Lettie √ √ McGovern, Lynsey McKinney, Carron Merrigan, Michael √ √

7 COUNCILLORS: Cllr. B. SAUL CLLR. S. BRENNAN CLLR. S. O’NEILL CLLR. P. O’BRIEN Murphy, Brian Murphy, Tom Nic Cormaic, Sorcha √ √ O’Brien, Peter √ √ O’Brien Shane √ √ O’Callaghan, Denis √ √ O’Keeffe, Dave √ √ O’Neill, Seamas √ √ Saul, Barry √ √ Smith, Donal √ √ Smyth, Carrie √ √ Smyth, Ossian √ √ Stewart, Patricia √ √ Tallon, Grace √ √ Ward, Barry √ √ TOTAL: 19 20 16 17

An Cathaoirleach, Councillor C. Devlin declared Councillor B. Saul and Councillor S. Brennan appointed to the dlr Mill Theatre.

C/192/17 (Agenda Item No. 9) Cathaoirleach's Business: Councillor C. Devlin

(a) Cathaoirleach's Awards 2017

An Cathaoirleach, Councillor C. Devlin proposed Ms. Margaret Browne and Fr. Shay Brennan for Cathaoirleach awards in recognition of their lifetime dedication to the service of less fortunate members of society.

The proposal was AGREED.

(b) Proposed Joint Committee with Bray Municipal District Committee to consider matters of Mutual Interest

An Cathaoirleach, C. Devlin advised Members that it was proposed to form a joint committee on matters of a mutual interest along the borders of this local authority and Wicklow County Council.

A discussion took place.

An Cathaoirleach, Councillor C. Devlin READ the following motion (6):

Motion (6): It was proposed by An Cathaoirleach, Councillor C. Devlin and seconded by Councillor J. Bailey:

“That this Council resolves to establish a joint committee between the Dún Laoghaire Area Committee and Bray Municipal District, Wicklow County Council to consider issues of mutual concern.”

8 Motion (6) was AGREED.

An Cathaoirleach, Councillor C. Devlin advised Members that an invitation had been extended from our counterparts in Chengdu, China to him as Cathaoirleach to an International Mayor’s conference and Entrepreneurship and Innovation conference from 9th – 14th May 2017.

A discussion took place and An Cathaoirleach, Councillor C. Devlin informed the Members that the invitation, which was issued through the Dún Laoghaire-Rathdown Chamber of Commerce, included Professor Andrew J. Deeks, President of UCD, Mr. Pat Neill, President of Dún Laoghaire-Rathdown Chamber of Commerce and Ms. Dearbhla Lawson, Director of Economic, Community and Cultural Development.

C/193/17 (Agenda Item No. ) Items not on Agenda

(a) Votes of Congratulations A vote of congratulations was passed with Cuala GAA club on winning the All-Ireland senior hurling club title recently.

A vote of congratulations was also passed with Cuala U-14 team on winning the Dublin Féile yesterday and they will now go to represent the County at the All-Ireland Féile from 26th to 28th April.

(b) Retirement of Edward Hughes, County Law Agent An Cathaoirleach, Councillor C. Devlin and Ms. P. Poole, Chief Executive, on behalf of the Members and staff, congratulated Mr. E. Hughes, County Law Agent on his recent retirement and thanked him for his enormous contribution and commitment to Dún Laoghaire-Rathdown County Council.

C/194/17 (Agenda Item No. 10) Sandycove Harbour and Bullock Harbour Masterplans

The report of the Chief Executive was CONSIDERED.

An Cathaoirleach, Councillor C. Devlin advised the Members that the following motions were handed up from the floor:

Motion (1) from the floor: It was proposed by Councillor M. Halpin and seconded by Councillors H. Lewis, D. O’Keeffe, M. Merrigan, J. Bailey, P. Stewart, M. Fayne and C. Devlin:

“That this Council welcomes the promise of funding for the Bullock and Sandycove Harbour Masterplans and the planned meeting with the Dublin Port Company, and agrees to hold a meeting with ward councillors or group reps to discuss the outcome of the meeting before a report back to the full council meeting.”

Motion (3) from the floor: It was proposed by Councillor D. O’Callaghan and seconded by Councillors D. Kingston, C. Smyth, P. O’Brien and G. Tallon:

“In noting the CEOs report and especially paragraph 5 “The Planning Authority will meet with Dublin Port to explore further how this might be progressed”. This Council agrees to include in these talks feasibility options to have the Western Marine Site and outcrops brought into public ownership.”

9 A discussion took place, during which Ms. M. Henchy, Director of Planning and Organisational Innovation, responded to Members’ queries.

It was AGREED to take motions (1) and (3) from the floor at this time.

Motion (1) from the floor: It was proposed by Councillor M. Halpin and seconded by Councillors H. Lewis, D. O’Keeffe, M. Merrigan, J. Bailey, P. Stewart, M. Fayne and C. Devlin:

Amended Motion (1) from the floor: It was proposed by Councillor M. Halpin and seconded by Councillors H. Lewis, D. O’Keeffe, M. Merrigan, J. Bailey, P. Stewart, M. Fayne and C. Devlin:

“To amend the motion with additional signatures:

To read:

“That this Council welcomes subject to funding for the Bullock and Sandycove Harbour Masterplans and the planned meeting with the Dublin Port Company, and agrees to hold a meeting with ward councillors and/or group reps to discuss the outcome of the meeting before a report back to the full council meeting.”

Amended motion (1) from the floor was AGREED.

Motion (3) from the floor: It was proposed by Councillor D. O’Callaghan and seconded by Councillors D. Kingston, C. Smyth, P. O’Brien and G. Tallon:

Motion (3) from the floor was AGREED with the additional signatures of Councillors J. Bailey, C. Devlin, D. O’Keeffe, M. Halpin, H. Lewis, S. O’Neill, K. Daly, M. Merrigan, A. Colgan, L. McGovern, M. Fayne and J. Gildea.

C/195/17 Item not on Agenda

Suspension of Standing Orders: Ibrahim Halawa

An Cathaoirleach, Councillor C. Devlin advised the Members that the following motion was handed up from the floor:

Motion (2) from the floor: Request to Suspend Standing Orders It was proposed by Councillor D. O’Keeffe and seconded by H. Lewis, M. Halpin, S. Nic Cormaic, K. Furlong, M. Merrigan, A. Colgan, D. Donnelly, S. O’Neill, S. Brennan, K. Feeney, J. Bailey, S. O’Brien, D. Kingston, D. O’Callaghan, G. Tallon and C. Devlin:

“That this Council suspends Standing Orders to discuss:

In line with Council’s motion of 7 July 2014 in relation to Irish Citizen and County resident, Ibrahim Halawa, this Council notes Ibrahim’s deteriorating health and agrees to write immediately to Minister Flanagan and the Taoiseach asking that they contact President Al Sisi yet again and ask for his release on humanitarian and health grounds.”

It was AGREED to suspend Standing Orders to take motion (2) from the floor at this time.

Motion (2) from the floor was AGREED, WITHOUT DISCUSSION.

C/196/17 (Agenda Item No. 11) Quarterly Management Report Jan to Mar 17

The report of the Chief Executive was CONSIDERED.

An Cathaoirleach, Councillor C. Devlin advised Members that the following motion was handed up from the floor:

It was AGREED to take Item No. 14 (a) (a) in conjunction with this item.

Item No. 14 (a)

“(a) Letter received from Department of Transport, Tourism and Sport acknowledging our letter of 15 February 2017 re Dún Laoghaire Harbour.”

An Cathaoirleach, Councillor C. Devlin advised the Members that the following motion (4) had been handed up from the floor and it was AGREED to the the motion at this time:

Motion No. (4) from the floor: It was proposed by Councillor M. Halpin and seconded by Councillors D. O’Keeffe, J. Bailey and M. Merrigan:

“That this Council condemns the refusal of Dun Laoghaire Harbour Company to cooperate with and supply the necessary information to complete the risk assessment required by the Council, and we call on the Minister to urgently act to compel the Harbour Company to co-operate fully with the risk assessment, to provide all necessary information including full audited certified accounts and all liabilities, including pension fund, to the Council to complete it and to cease its obstruction of the process of transfer of the Harbour Company in line with the Harbours Act 2015 and the Ports Policy.”

A discussion took place, during which Ms. P. Poole, Chief Executive responded to Members queries.

An Cathaoirleach, Councillor C. Devlin READ the following amendment handed up from the floor:

Amendment to Motion (4) from the floor: It was proposed by Councillor D. Kingston and seconded by Councillor M. Halpin:

“That this Council condemns the refusal of Dun Laoghaire Harbour Company to cooperate with and supply the necessary information to complete the risk assessment required by the Council, and we call on the Minister to urgently act to compel the Harbour Company to co-operate free and unrestricted with the risk assessment, to provide all necessary information to the Council to complete it and to cease its obstruction of the process of transfer of the Harbour Company

11 in line with the Harbours Act 2015 and the Ports Policy and furthermore invites the Minister for Transport to appear at the Council meeting seeing as the risk assessment is no longer underway.”

A further discussion took place.

The amendment to motion no. (4) from the floor was NOT PUT.

It was AGREED to ADJOURN the meeting to allow the Members to further consider motion no. (4) from the floor.

C/197/17 Adjournment of Meeting

The meeting adjourned at 7.15 p.m.

C/198/17 Reconvening of Meeting

The meeting reconvened at 7.25 p.m.

C/199/17 (Agenda Item No. 11) Quarterly Management Report Jan to Mar 17

It was AGREED to take motion no. (4) from the floor at this time.

Motion No. (4) from the floor: It was proposed by Councillor M. Halpin and seconded by Councillors D. O’Keeffe, J. Bailey and M. Merrigan:

Councillor M. Halpin amended motion (4) from the floor as follows:

Amended Motion No. (4) from the floor: It was proposed by Councillor M. Halpin and seconded by Councillors D. O’Callaghan, D. O’Keeffe, J. Bailey, C. Smyth, C. Curran, M. Merrigan, S. O’Brien and D. Kingston:

“That this Council condemns the requirement of Dún Laoghaire Harbour Company for a non- disclosure agreement and veto of risk assessment report and calls on them to cooperate fully with the Risk Assessment and supply the necessary information to complete it.

We further call on the Minister to compel the company to supply full audited and certified, up to date audited accounts and all liabilities including pension fund and the asset register and any other relevant information and we now call on the Minster for Transport Shane Ross to make himself immediately available to DLR Council and officials to discuss this urgent matter.”

A discussion took place, following which a roll call vote on the amended motion (4) from the floor was requested, the result was as follows:

12 COUNCILLORS: FOR AGAINST ABSTAINED Bailey, John F. √ Baker, Marie √ Blain, Emma √ Brennan, Shay √ Colgan, Anne √ Cuffe, Jennifer √ Curran, Chris √ Daly, Kevin √ Devlin, Cormac √ Dockery, Liam √ Donnelly, Deirdre √ Fayne, Mary √ Feeney, Kate √ Furlong, Karen √ Gildea, Jim √ Halpin, Melisa √ Hanafin, Mary √ Hand, Pat Kennedy, John √ Kingston, Deirdre √ Lewis, Hugh √ McCarthy, Lettie √ McGovern, Lynsey McKinney, Carron Merrigan, Michael √ Murphy, Brian √ Murphy, Tom Nic Cormaic, Sorcha √ O’Brien, Peter √ O’Brien Shane √ O’Callaghan, Denis √ O’Keeffe, Dave √ O’Neill, Seamas √ Saul, Barry Smith, Donal √ Smyth, Carrie √

13 COUNCILLORS: FOR AGAINST ABSTAINED Smyth, Ossian √ Stewart, Patricia √ Tallon, Grace √ Ward, Barry √ TOTAL: 32 3

An Cathaoirleach, Councillor C. Devlin declared amended motion (4) from the floor CARRIED.

A further discussion took place, during which Ms. P. Poole, Chief Executive, Ms. C. Keenan, Director of Housing, Mr. F. Austin, Director of Infrastructure and Climate Change, Ms. D. Lawson, Director of Economic, Community and Cultural Development, Ms. M. Henchy, Director of Planning and Organisational Innovation and Mr. M. Allidine, A/Director of Municipal Services responded to Members queries.

The Quarterly Report for the period January to March 2017 was NOTED.

C/200/17 (Agenda Item No. 12) Draft 2016 Annual Report - Section 221 of the Local Government Act, 2001

The draft 2016 Annual Report was CONSIDERED.

A discussion took place, during which Ms. C. Keenan, Director of Housing and Mr. T. McHugh, Deputy Chief Executive and Director of Corporate, Communications and Governance responded to Members’ queries.

It was AGREED to send a report on the nature of housing maintenance requests and a list of schools participating in the School Meal Scheme to Councillors by email.

The amendments discussed by the Members were NOTED, it was AGREED any further amendments to the draft 2016 Annual Report should be sent to Mr. T. McHugh, Deputy Chief Executive and Director of Corporate, Communications and Governance.

An Cathaoirleach, Councillor C. Devlin advised the Members that the following motion (7) was handed up from the floor:

Motion (7) from the floor: It was proposed by Councillor D. O’Keeffe and seconded by Councillor H. Lewis and M. Halpin:

“That this Council agrees the “Community Centre Use Guidelines” be brought to the May Council meeting for discussion.”

Motion (7) from the floor was AGREED.

The draft 2016 Annual Report was NOTED.

C/201/17 (Agenda Item No. 13) Strategic Policy Committee: Report of Chairpersons

(a) Chairperson's Report from Transportation & County Wide Movement SPC meeting held on 13 December 2016

14 The report of the Chairperson of the Transportation & County Wide Movement Strategic Policy Committee meeting held on 13th December 2016 was CONSIDERED and NOTED.

(b) Chairperson's Report from Planning SPC meeting held on 2 March 2017

The report of the Chairperson of the Planning Strategic Policy Committee meeting held on 2nd March 2017 was CONSIDERED and NOTED.

The report of the Chairperson of the Economic Development and Enterprise Strategic Policy Committee meeting held on 23rd March 2017 was CONSIDERED and NOTED.

C/203/17 (Agenda Item No. 14) Ministerial/Departmental Correspondence

(a) Correspondence Received

The following item of correspondence received were CONSIDERED and NOTED:

“(b) i) Letter received from Department of Housing, Planning, Community and Local Government dated 3 April 2017 with the list of projects that have been approved for funding under the Local Infrastructure Housing Activation Fund (LIHAF) on the 28 March 2017 for Dún Laoghaire-Rathdown. ii) The Press Release ‘Rebuilding Ireland’ iii) The List of Approved Projects – 34 across 15 Local Authorities.”

(b) Correspondence Issued on foot of a Council Decision

The following item of correspondence received was CONSIDERED and NOTED:

“ a) Letter issued to the Minister for Arts, Heritage and the Gaeltacht requesting that the diaries of Roger Casement be returned to Ireland.”

C/204/17 (Agenda Item No. 15) Other Correspondence

(a) Correspondence Received

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

“(a) Letter received from South Dublin County Council dated 6 March 2017 detailing a motion passed by its members re exploring moving Ireland from the current Social Welfare and Taxation Systems to a Basic Income System. (b) Letter received from Kilkenny County Council dated 10 March 2017 detailing a motion passed by its members re calling on the Minister for Health and the HSE to change the review on the standard of cancer care in Ireland from 10 years to 5 years.”

(b) Correspondence Issued on foot of a Council Decision

15 The following items of correspondence issued on foot of a Council decision were CONSIDERED and NOTED:

“(a) Letter issued to the British Ambassador requesting that the diaries of Roger Casement be returned to Ireland. (b) Letter issued to Cuala GAA Club wishing their Senior Hurling team good luck in the Club All Ireland Final. (c) Letter issued to the Dublin and Dún Laoghaire Education and Training Board advising them of the appointment of Councillor Ossian Smyth to their board. (d) Letter issued to Councillor Ossian Smyth regarding his appointment to the Dublin and Dún Laoghaire Education and Training Board.”

C/205/17 (Agenda Item No. 49) Letter to An Taoiseach and the Minister for Justice and Equality

It was proposed by Councillor S. Nic Cormaic and seconded by Councillor S. O’Brien:

“That the Chief Executive, on behalf of this Council: Call on the Irish government to ratify, as soon as possible, The Convention against Trafficking in Human Organs which was adopted by the Council of Europe on 9 July 2014 in order to criminalise illegal organ transplantations[1]. The Irish Government has already signed this convention, but is yet to ratify it.”

The report of the Chief Executive was CONSIDERED.

The motion was AGREED.

C/206/17 (Agenda Item No. 57) Letter to the Chairperson of the Committee on Foreign Affairs and Trade and Defence

It was proposed by Councillor S. Nic Cormaic and seconded by Councillor S. O’Brien:

“That the Chief Executive on behalf of this Council: Calls on the Oireachtas Foreign Affairs Committee to follow through on the pledge made by the Oireachtas Sub Committee on Human Rights to "investigate to the maximum extent possible"[2], persistent, credible reports of forced organ harvesting and other severe human rights abuses imposed on Falun Gong practitioners and other prisoners of conscience in China.”

The report of the Chief Executive was CONSIDERED.

The motion was AGREED.

C/207/17 (Agenda Item No. 55) Letter to the Minister for Transport, Tourism and Sport

The following motion, in the name of Councillor C. Curran, was WITHDRAWN:

“That this Council will invite the Minister of Transport, Tourism and Sport to meet with this Council, at a specially convened meeting, to discuss issues relating to Transport, Tourism and Sport in the county.”

C/208/17 (Agenda Item No. 47) Letter to Dublin City Council

The following motion, in the name of Councillor P. O’Brien, was WITHDRAWN:

16 “That this Council acknowledge and commend the effective, integrated, co-ordinated and vital emergency fire and medical service provided by Dublin Fire Brigade.

This Council also recognise the report of the Expert Panel Report on Pre-Hospital Emergency Care Services Dublin published in December 2015 as an agreed solution to address the recommendations made by the Health Information and Quality Authority (HIQA) report into Pre-Hospital Emergency Care Services published in December 2014. However, the Members note, with concern, the suggestion that the Dublin Fire Brigade call and dispatch service based in Tara Street Station would be transferred or amalgamated with the NAS call and dispatch service in Tallaght (not a recommendation of either the 2014 HIQA Report or the Expert Panel Report).

In light of the above, the members, through this motion and through the Chief Executive instruct Dublin City Council management a) to bring any proposal or joint proposal to the attention of all Dublin local authorities and the Eastern and Midland Regional Assembly as required under Sections 32(2) and 32(3) of the Local Government (Dublin) Act 1993. And b) Not to agree to any change in the current DFB EMS system of operations unless and until a full consultation with Dublin Fire Brigade and its employee representatives take place.”

C/209/17 (Agenda Item No. 36) Letter to An Taoiseach and the Minister for Justice

The following motion, in the name of Councillor B. Murphy, was WITHDRAWN:

“That the Chief Executive writes to the Taoiseach and the Minister for Justice urging that gambling legislation be introduced which obliges all bookmakers operating an online service in this jurisdiction to be obliged to accept bets from any online account up to a maximum liability of 1000 euro.”

C/210/17 (Agenda Item No. 31) Letter to the Minister for Housing, Planning and Local Government

The following motion, in the name of Councillor D. O’Callaghan, was WITHDRAWN:

“That this Council is opposed to and expresses serious concerns to a proposal contained in the Planning and Development and Residential Tenancies Bill 2016 which will allow applications for large-scale housing developments in excess of 100 or more houses to be submitted directly to An Bord Pleanála, for decision, bypassing Local Authority decision makers. Furthermore that the Minister for Housing, Planning and Local Government be written to expressing this Councils outright opposition.”

C/211/17 (Agenda Item No. 23) Consultation Process with Young People

The following motion was MOVED, by Councillor M. Hanafin, WITHOUT DISCUSSION:

“That the Chief Executive put in place an arrangement for consultation with young people on proposals that affect them e.g. Traffic, Cycle Lanes, Parks and Community Facilities.”

The report of the Chief Executive was NOTED.

C/212/17 (Agenda Item No. 42) New Post: To Deal Specifically with Issue of Suicide

The following motion was MOVED BY Councillor S. O’Brien WITHOUT DISCUSSION:

17 “That this Council call for the creation of a new post within Dún Laoghaire-Rathdown County Council tasked with working through the Community Department to deal specifically with issue of suicide in conjunction with the County Welfare Officer and HSE.”

The report of the Chief Executive was NOTED.

C/213/17 (Agenda Item No. 40) Letter to Minister for Housing, Planning, Community and Local Government and the Minister of State for Housing and Urban Renewal

The following motion, in the name of Councillor C. Smyth, was WITHDRAWN:

“That the Council writes to Minister for Housing, Planning, Community and Local Government and Minister of State for Housing and Urban Renewal stating that this Council is opposed to the removal from all Councils of planning powers for estates of 100 or more housing units and student accommodation units directly to An Bord Pleanála’s proposed new Strategic Housing Division (Planning and Development (Housing) and Residential Tenancies Bill 2016).”

C/214/17 (Agenda Item No. 16) Housing Agency

It was proposed by Councillor J. Kennedy and seconded by Councillor J. Bailey:

"That the Chief Executive, in light of assertions recently made by the Housing Agency that previous census figures indicate a national vacancy number of approximately 230,000 housing units, supports incentives and supports in a Co-Operative, National Policy dimension to facilitate offers of accommodation being made to interested Local Authority applicants from across the Country with respect to a compiled list of these housing units, and will communicate this proposal to the Minister for Housing, Planning and Local Government."

A discussion took place, during which Ms. C. Keenan, Director of Housing responded to Members’ queries.

A show of hands vote on the motion was requested, the result of which was as follows:

FOR: 23 AGAINST: 5

An Cathaoirleach, Councillor C. Devlin declared the motion CARRIED.

C/215/17 Re-entering of Items

It was AGREED to RE-ENTER Item Nos. 17 to 22, Item Nos. 24 to 30, Item Nos. 32 to 35, Item Nos. 37 to 39, Item No. 41, Item Nos. 43 to 46, Item No. 48, Item Nos. 50 to 54 and Item No. 56 to the May meeting of the County Council.

C/216/17 Conclusion of Meeting

The meeting concluded at 8.10 p.m.