COMHAIRLE CHONTAE DHÚN LAOGHAIRE-RÁTH AN DÚIN DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL
Phone: 2054700 County Hall Dún Laoghaire Co. Dublin
08 March 2016
To Each Member of the County Council
Dear Councillor
I am to inform you that a Meeting of the County Council will be held in the Council Chamber, County Hall, Dún Laoghaire, Co. Dublin on Monday, 14th March, 2016 at 5.00 pm to consider the following agenda.
A visitor's ticket is enclosed.
Yours Faithfully Tom McHugh
Director Corporate, Communications and Governance
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This meeting may be filmed for live or subsequent broadcast via the Council’s website. At the start of the meeting the Chair will confirm if all or part of the meeting is being filmed.
You should be aware that the Council is subject to the Freedom of Information Act 1997, Freedom of Information (Amendment) Act 2003 and the Data Protection Act 1988 and data collected during this webcast will be retained in accordance with the legislation.
Therefore by entering the Council Chamber you are consenting to being filmed and to the possible use of those images and sound recordings for webcasting.
If you have any queries regarding this, please contact the Corporate Communications and Governance Department on Extns. 4007/4382.
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1 CLÁR/AGENDA
PART 1
INITIAL BUSINESS
1. Confirmation of Minutes (a) Minutes of Meeting of County Council held on 8th February 2016 (circulated herewith)
2. Questions (see attached appendix)
PART 2
CHIEF EXECUTIVE’S BUSINESS FOR DECISION (RESERVED FUNCTIONS)
3. 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. 3(a) List of Conferences and Training Courses for Councillors 3(b) Approval of Nominations for Conferences and Training Courses 3(c) Conference and Training Report Documents Submitted (circulated herewith)
4. Proposed Disposal of Properties
4(a) Proposed Disposal of Fee Simple Interest to Lessees who purchased under Tenant Purchase Agreement Pursuant to the Landlord and Tenant (Ground Rents) (No. 2) Act, 1978 4(b) Proposed Disposal of Freehold Interest in area of land at rear of (details supplied) 4(c) Proposed Disposal of a Lease Agreement in an area of land adjacent to (details supplied) (already circulated)
5. Election of An Leas Chathaoirleach Local Government Act, 2001 (Section 37) (circulated herewith)
6(a) Casual Vacancy arising from the Election of Maria Bailey, Fine Gael to Dáil Éireann Pursuant to Section 19 of the Local Government Act, 2001 (circulated herewith)
2 6(b) Vacancy on Planning Strategic Policy Committee arising from the Election of Maria Bailey, Fine Gael to Dáil Éireann (circulated herewith)
6(c) Vacancy on Social Housing Strategic Policy Committee arising from the Election of Maria Bailey, Fine Gael to Dáil Éireann (circulated herewith)
7(a) Casual Vacancy arising from the Election of Josepha Madigan, Fine Gael to Dáil Éireann Pursuant to Section 19 of the Local Government Act, 2001 (circulated herewith)
7(b) Vacancy on Community Development, Culture and Ageing Strategic Policy Committee arising from the Election of Josepha Madigan, Fine Gael to Dáil Éireann (circulated herewith)
7(c) Vacancy on Economic Development and Enterprise Strategic Policy Committee arising from the Election of Josepha Madigan, Fine Gael to Dáil Éireann (circulated herewith)
7(d) Vacancy on Joint Policing Committee arising from the Election of Josepha Madigan, Fine Gael to Dáil Éireann (circulated herewith)
7(e) Vacancy on Local Community Development Committee arising from the Election of Josepha Madigan, Fine Gael to Dáil Éireann (circulated herewith)
8(a) Casual Vacancy arising from the Election of Catherine Martin, Green Party to Dáil Éireann Pursuant to Section 19 of the Local Government Act, 2001 (circulated herewith)
8(b) Vacancy on Community Development, Culture and Ageing Strategic Policy Committee arising from the Election of Catherine Martin, Green Party to Dáil Éireann (circulated herewith)
8(c) Vacancy on Planning Strategic Policy Committee arising from the Election of Catherine Martin, Green Party to Dáil Éireann (circulated herewith)
8(d) Vacancy on Dún Laoghaire-Rathdown County Sports Partnership arising from the Election of Catherine Martin, Green Party to Dáil Éireann (circulated herewith)
3 8(e) Vacancy on Memorials Committee arising from the Election of Catherine Martin, Green Party to Dáil Éireann (circulated herewith)
8(f) Vacancy on Dublin and Dún Laoghaire Education and Training Board arising from the Election of Catherine Martin, Green Party to Dáil Éireann (circulated herewith)
8(g) Vacancy on Regional Health Forum arising from the Election of Catherine Martin, Green Party to Dáil Éireann (circulated herewith)
9. Report submitted in accordance with Part 8, Article 81 of the Planning and Development Regulations, 2001, (as amended) the Planning and Development Acts 2000, (as amended), and Section 138 of the Local Government Act, 2001, (as amended) Report on the Corbawn Lane Beach Access (circulated herewith)
10. Report submitted in accordance with Part 8, Article 81 of the Planning and Development Regulations, 2001, (as amended) the Planning and Development Acts 2000, (as amended), and Section 138 of the Local Government Act, 2001, (as amended) Proposed upgrade of tennis pavilion at Springhill Park, Mount Albany, Foxrock, Co.Dublin (circulated herewith)
11. Report submitted in accordance with Part 8, Article 81 of the Planning and Development Regulations, 2001, (as amended) the Planning and Development Acts 2000, (as amended), and Section 138 of the Local Government Act, 2001, (as amended) Convent Road, Blackrock, Improvement Scheme (circulated herewith)
12. Proposed Pay & Display Parking Control Scheme - Sweetmount Park and The Laurels, Dundrum 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, 2007-2011, and in accordance with the provisions of the Local Government Act, 2001. (circulated herewith)
13. Proposed Pay & Display Parking Control Scheme - Woodbine Park Retail Area, Booterstown 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, 2007-2011, and in accordance with the provisions of the Local Government Act, 2001. (circulated herewith)
4 14. Amendment to Sectoral Representative Membership of Strategic Policy Committee Community Development, Culture and Ageing SPC (circulated herewith)
PART 3
CHIEF EXECUTIVE’S BUSINESS FOR NOTING [SUBJECT TO A STATUTORY DEADLINE/OF AN URGENT NATURE]
15. Briefing Document on Request from BID DL Ltd Business Improvement District Scheme Local Government (Business Improvement Districts) Act 2006, Local Government Consolidated Act 2001 (circulated herewith)
PART 4
CATHAOIRLEACH'S BUSINESS
16. Cathaoirleach's Business: Councillor B. Saul ’Recommendation from the Memorials Committee that the Council erect a statue to Roger Casement that will be incorporated into the Dún Laoghaire Baths/Newtownsmith development.’ (presentation at meeting)
PART 5
ALL OTHER CHIEF EXECUTIVE’S BUSINESS FOR NOTING
17. Update on Tourism Office (circulated herewith)
18. Management Report (circulated herewith)
19. 2015 Annual Report of the Dún Laoghaire Rathdown Local Community Development Committee (circulated herewith)
20. The 2014 Statutory Audit Report to the Members of Dún Laoghaire- Rathdown County Council on the Accounts of Dún Laoghaire-Rathdown County Council for the year ended 31 December 2014 (incorporating the Chief Executive's response to issues raised) and the Annual Financial Statement for the year ended 31 December 2014 Submitted in accordance with Section 121(1) of the Local Government Act 2001 as amended by Section 60 of the L.G Reform Act 2014 & Article 20 Local Government (Financial and Audit Procedures) Regulations 2014
5 (circulated herewith)
21. Report from Audit Committee under Section 121 (3) of the Local Government Act 2001 as amended by Section 60 of the Local Government Reform Act 2014 (circulated herewith)
22. Strategic Policy Committee - Report of Chairperson
22(a) Chairperson's Report from Social Housing SPC held on 9 December 2015 22(b) Chairperson's Report from Environment, Climate Change and Energy SPC held on 17 December 2015 (circulated herewith)
23. Ministerial/Departmental Correspondence
23(a) Correspondence Received a) Letter received from the Minister for Foreign Affairs and Trade dated 20 January 2016 acknowledging our letter in relation to the Kevin Bell Repatriation Trust and outlining the Emigrant Support Programme (ESP) which is administered by the Department for Foreign Affairs and Trade which provides funding to not-for-profit organisations and projects to support Irish communities overseas. (circulated herewith)
24. Other Correspondence
24(a) Correspondence Received a) Local Authority Members Association Audited Accounts for the year ended 31 December 2014. b) Eastern and Midland Regional Assembly Budget 2016. c) Letter received from Offaly County Council dated 22 January 2016 detailing a resolution passed by their members calling on the Minister for Education to introduce a module in National Schools to teach mindfulness and coping mechanisms as part of the school curriculum. d) Letter received from Limerick City and County Council dated 25 February 2016 detailing a resolution passed by their members calling on the Ministers for Finance & Agriculture to legislate for the immediate reintroduction of the Early Retirement and Farm Installation Schemes. (circulated herewith)
24(b) Correspondence Issued on foot of a Council Decision a) Letter of Condolence issued to the Carolan Family dated 22 February 2016. (circulated herewith)
6 PART 6
REPORTS FROM AREA COMMITTEES AND SPC'S
25. Recommendation from the Environment, Climate Change and Energy SPC 17 December 2015
PART 7
MEMBERS MOTIONS
RÚIN/MOTIONS
26. Councillor D. Donnelly “That the Chief Executive commits to an Irish Language Plan for Dún Laoghaire- Rathdown County Council and indicates what monitoring arrangements are in place to ensure that the Council is delivering on the various commitments set out in the Scheme and also agrees to establish an in-house group made up of interested staff and elected members to seek ways of promoting further use of the Irish language in the Council's affairs.”[9 November 2015]
27. Councillor C. Smyth “That the Chief Executive ensures all bicycle racks are strong enough to withstand bicycle theft given the recent theft from racks by the ease of cutting the racks.”[14th September 2015]
28. Councillor K. Gill “That this Council is fully opposed to the sale of George's Place Depot and requests that the Planning Department draw up plans for a social housing Part 8 development for the site with the view to providing family homes in the area.”[12 October 2015]
29. Councillor P. O'Brien “That this Council send a letter of congratulation to Christy McCann, who has been recently elected to Chief Scout of Scouting Ireland.”[9 November 2015]
30. Councillor V. Boyhan “That this Council commence a review of the Section 49 Glenamuck development levy scheme which was adopted on 10th November, 2008.”[9 November 2015]
31. Councillor P. Stewart “That this Council urgently requests provision in the county from the designated body, TUSLA, to meet the needs of victims of domestic violence.”[9 November 2015]
32. Councillor J. Madigan "That this Council welcomes increased government investment of €5 million in policing to tackle burglaries and related crime and calls on the Garda Commissioner to ensure that Dún Laoghaire-Rathdown County Council is prioritised in her spend."[14
7 December 2015]
33. Councillor C. Curran “That this Council supports the concept of state owned and operated datacentres as well as the provision of cloud technologies via such datacentres through a state owned company while ensuring the absolutely privacy and access to any data stored in such a facility to its owner and nobody else. This motion also calls on the Minister of Communications, Energy and Natural Resources to provide a report to this Council on the viability of such facilities. “[12 October 2015]
34. Councillor M. Halpin “That this Council discusses the results and report of the due diligence into Dún Laoghaire Harbour carried out in anticipation of the Harbour coming under the control of the Council.”[14th September 2015]
35. Councillor S. Nic Cormaic “That this Council calls on the Tánaiste Joan Burton to fulfil her commitment to deliver an affordable & accessible Scandinavian Model of Childcare, which will encourage and enable women to participate in education or return to the labour market considering that Ireland has one of the highest childcare costs in the OECD, and that this county has the highest childcare costs in Ireland.”[14 December 2015]
36. Councillor H. Lewis “That this Council agrees to discuss the plans for St Laurence’s Park in Stillorgan as part of the next Housing Report.”[14 December 2015]
37. Councillor M. Merrigan “That, this Council establishes a forum for the Sectoral Representatives on the various Strategic Policy Committees which would meet formally with the Chief Executive and the Directors of Services twice annually to discuss the operation of the Strategic Policy Committee Scheme and, in particular, the participation of the Sectoral Representatives and their contribution to the work of the Strategic Policy Committees and, where appropriate, to make recommendations in that regard to the Council for consideration.”[11 January 2016]
38. Councillor S. O'Brien “That this Council discusses the lack of public toilets throughout Dún Laoghaire Rathdown.” [8 February 2016]
39. Councillor D. O'Callaghan “That this Council agrees that the Chief Executive urgently deal with the blocking of two sections of a public right of way at Ballybetagh Wood and Barnaslingan Lane and to take legal action if required to have these rights of way open for public use.”[14 March 2014]
40. Councillor K. Gill “That this Council agrees that Council funded community centres/facilities should not allow groups, individuals and/or organisations hold public meetings, talks or events that serve to discriminate against people as per section 3 of the Equal Status Act
8 2000.”[9 November 2015]
41. Councillor P. Stewart “That the Chief Executive write to TUSLA requesting urgently a permanent replacement service in DLR for the recent SONAS project which provided sheltered accommodation and supports for victims of domestic violence.”[14 December 2015]
42. Councillor C. Smyth “That the Chief Executive writes to Iarnrod Eireann requesting they update the message for Dún Laoghaire DART Station as unfortunately Dún Laoghaire no longer has a Ferry Service?”[14 December 2015]
43. Councillor D. Donnelly “That the Chief Executive writes to the Minister for Health and the Minister for Justice asking for recognition for Deaf-Blindness as its own disability and asking both Ministers for the adoption of the EU Convention on Deaf Blindness, which Ireland has not done to date?”[14 December 2015]
44. Councillor C. Curran “That this Council, in recognition of the Marriage Equality Referendum and the symbolism represented by the result, not just for members of the LGBT community but all minority groups, both in an Irish and global context, while noting that Ireland has a below average number of Public Holidays, will write to the Department of An Taoiseach if this motion is passed, to notify the Office that this Council calls for May 23rd (or a suitable date near to that date) to become a Public Holiday and be known as Equality Day.”[12 October 2015]
45. Councillor H. Lewis “That this Council agrees to proactively support the full roll out of the agreed Traveller Accommodation Programme and to include it as part of the Council's programme for increasing the social housing stock across the County.”[8 February 2016]
46. Councillor M. Halpin “That this Council agree that all medical letters for housing applicants will be considered by the allocations section and the medical officer not just letters from consultants.”[14 March 2016]
47. Councillor M. Merrigan “That, the Chief Executive examine the possibility of conducting a non-statutory public consultation process with the residents of social houses in the areas which have access to a gated communal area with a view to the formulation of practical, workable, sustainable, coherent and flexible frameworks for the day to day upkeep and light maintenance of these communal areas as no official or agreed framework currently exists?”[14 March 2016]
48. Councillor K. Gill “That this Council as per section 38 (D) of Standing Orders 2015 agrees to amend standing orders to add point (i) under section 21 to state: Motions that discriminate against individuals or groups as described within section 3 of
9 the Equal Status Act 2000.”[14 December 2015]
49. Councillor C. Smyth “That this Council supports and advocates the implementation of the Congress Charter for Fair Conditions at Work for all Dún Laoghaire- Rathdown County Council employees and applies its principles in its public procurement process. In particular, Dún Laoghaire-Rathdown County Council will: a) Work with Dún Laoghaire-Rathdown County Council employee’s union representatives to ensure the implementation of the Charter across all Dún Laoghaire- Rathdown County Council Departments/Sections. b) Apply the following principles of public procurement as per European Union Public Procurement Directives: • Most economically advantageous tender (M.E.A.T.) so formulated to always include social considerations such as the impact on local employment. Under this DIRECTIVE it is essential that social considerations are given a suitable weighting. • Compliance with Labour Law: ‘Member States shall take appropriate measures to ensure that in the performance of public contracts economic operators comply with applicable obligations in the fields of environmental, social and labour law established by Union law, national law, collective agreements or by the international environmental, social and labour law provisions’ Article 18 • Inclusion of Social Clauses: to detail specific criteria to require as a condition of the contract, respect for employment rights, including respect for right to collective bargaining and compliance with relevant JLCs (and EROs/REOs and REAs) and/or relevant Minimum/Living Wages (ILO Convention 94 on Labour Clauses in Public Contracts). • Selection and Exclusion Grounds for Tendering: including the exclusion of abnormally low tenders, having regard for economic and financial standing of tenders and previous behaviour compliance behaviour with legal/employment rights obligations • Joint and Several Liability in Contracting Chains: that the tenderer be asked to indicate in its tender any share of the contract it may intend to subcontract to third parties and to name and have oversight of any proposed subcontractors.
Note: The Congress Charter for Fair Conditions at Work seeks a societal consensus as to what constitutes fair conditions of employment. The charter identifies five key principles which, as a minimum, should be respected by every employer: a living wage, fair hours of work, the right to representation and collective bargaining, to be treated with dignity when at work and fair public procurement.[14 December 2015]
50. Councillor C. Curran “That this Council will provide training to all members on this Council relating to the Lobbying Act.”[11 January 2016]
51. Councillor H. Lewis “That this Council agrees, in the interests of the welfare of children of the County, that families be housed in the area of the Children's school and to this end agrees to open up discussions with the Central Placement Services.”[8 February 2016]
10 APPENDIX
CEISTEANNA/QUESTIONS
1. Councillor V. Boyhan “To ask the Chief Executive to provide a report on the Internal Control and Risk Management within the Council?”
2. Councillor V. Boyhan “To ask the Chief Executive to provide a report on the Development of best practice in the Internal Audit function?”
3. Councillor V. Boyhan “To ask the Chief Executive to provide a report on the Financial and budgetary reporting practices and procedures?”
4. Councillor V. Boyhan “To ask the Chief Executive to provide a report on the Annual audit programmes, major findings and resources?”
5. Councillor V. Boyhan “To ask the Chief Executive to provide a report on the Value for Money and efficiency in Council operations?”
6. Councillor C. Curran “To ask the Chief Executive to begin the process of examining The Council's Polling Scheme to take account of developments in the County in recent years, as well as the allocation of electors to polling districts while taking into consideration the revision of the boundaries?”
7. Councillor C. Curran “To ask the Chief Executive to provide a report on the progress of the provision of a crematorium in Shanganagh?”
8. Councillor D. Donnelly “To ask the Chief Executive for an update on the Council’s response to the problem of urban foxes which was discussed at the Council meeting in November 2014?”
9. Councillor D. Donnelly “To ask the Chief Executive for an update on a swimming pool for Stillorgan and to confirm the cost of both sets of plans that are being drawn up for both locations at present?”
10. Councillor M. Merrigan “To ask the Chief Executive to provide details of the correspondence, if any, with the Board of Directors of BID DL Limited (CRO Reg: 533339) or of any meetings held with the representatives of that company in respect of the legal proceedings reported in the January 29th 2016 issue of ‘The Phoenix Magazine’ (see attached) and to clearly state,
11 for the public record, what assurances, if any, were sought and/or received that no funds sourced through BID Levies paid by businesses in the Town of Dún Laoghaire would be used to fund such litigation irrespective of its merit or otherwise?”
11. Councillor M. Merrigan “To ask the Chief Executive to provide the following details on the Traveller Halting Sites throughout the County: (1) exact location; (2) whether “authorised” or “unauthorised” by the Council; (3) number and type of dwellings on each site; (4) numbers of families resident on each site; (5) numbers of persons in each family; (6) types of sanitation and plumbed facilities on each site; (7) improvements, if any, made to each site since January 2015; (8) improvements, if any, planned for each site to be carried out and completed this year; (9) numbers of applicants on the Housing List resident at each site and (10) whether any offers of alternative accommodation have been made to the residents in the past two years?”
12. Councillor M. Merrigan “To ask the Chief Executive to provide the rationale for the decision to place the future development and use of the Old Carnegie Library building under the auspices of the Dún Laoghaire Rathdown Local Enterprise Office and to state when this decision was made and what consideration, if any, was afforded to the assurances previously given to Councillors that “no decision will be made without a discussion with the Members” (Agenda Item no. 4 – DLAC 22.09.2014)?”
13. Councillor M. Merrigan “To ask the Chief Executive to provide a full listing of the dates of any meetings held between Council staff and representatives of BID DL Limited (Dún Laoghaire Business Improvement District) in respect of the submissions made by or on behalf of that company for inclusion in the Draft County Development Plan and to provide the names and designations of all persons present at such meetings?”
14. Councillor M. Merrigan “To ask the Chief Executive to provide the following details in a tabular format: (1) the Council’s legal obligations as a landlord in respect of the Council owned tenanted dwellings; (2) the legislative basis for such obligations; and (3) understanding that Council policies and/or protocols must be in conformity with its legal obligations as a landlord, to clarify what derogation, if any, exists in legislation in respect of the Council’s obligations as a landlord to its tenants in comparison to the legal obligations of a landlord in the private rental sector?”
15. Councillor D. O Callaghan “To ask the Chief Executive for a progress report on the blocking of two sections of a public right-of-way at the following locations. (a) Near Ballybetagh Wood (from Enniskerry Road to Ballybetagh Road) (b) From the Enniskerry Road to Barnaslingan Lane?”
16. Councillor C. Smyth “To ask the Chief Executive the following regarding dogs brought to Dun Laoghaire Rathdown County Council Pound on a monthly basis in 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014 and 2015: How many dogs were brought to the pound? a) Of the dogs brought to the pound how many were re-claimed?
12 b) Of the dogs brought to the pound how many were re-homed? c) Of the dogs brought to the pound how many were euthanised?”
17. Councillor C. Smyth “To ask the Chief Executive the following regarding horses impounded by Dun Laoghaire Rathdown County Council in 2010, 2011, 2012, 2013, 2014 and 2015: How many horses were brought to the pound? a) Of the horses brought to the pound how many were re-claimed? b) Of the horses brought to the pound how many were re-homed? c) Of the horses brought to the pound how many were euthanised?”
18. Councillor C. Smyth “To ask the Chief Executive how many hits have been recorded on the live webcast of all Council Meetings and all other Meetings .i.e. Budget and Special Council Meetings since it began in February 2008 and the number of hits on the archived Council Meetings and all other meetings?”
19. Councillor B. Ward “To ask the Chief Executive if she can outline the procedure to be followed for a proposal to be made, pursuant to Part 8 of the Local Government Act 2001, to the Local Government Commission, that the Local Authority boundary between Dún Laoghaire-Rathdown County Council and Dublin City Council be altered such that the entirety of Bellevue Park Avenue and Bellevue Copse, off Woodbine Road in Booterstown, Co. Dublin, come into the administrative area of Dún Laoghaire- Rathdown County Council, if she could outline any issues that might be raised in this regard, including any foreseeable financial or other implications, and if she can say whether she agrees with such a proposal?”
20. Councillor B. Ward “To ask the Chief Executive if she can give details of the stock of signs (e.g. stop signs, bus lane signs, etc., including whether the signs re large or standard) and poles currently held by, or on order for, the Council, and if she can indicate approximately when this stock is likely to be depleted?”
21. Councillor B. Ward “To ask the Chief Executive what progress has been made in respect of an audit of poles and street furniture in the County and if the existing information can be made publicly available?”
22. Councillor B. Ward “To ask the Chief Executive if she will report on the number of cycle journeys being recorded by the cycle counters through Dún Laoghaire-Rathdown County Council’s administrative area?”
13