Public Document Pack DÚN LAOGHAIRE-RATHDOWN COUNTY COUNCIL Minutes of the County Council held in the County Hall, Marine Road, Dun Laoghaire, Co. Dublin on Monday, 12 December 2011 at 5.00 pm PRESENT Bailey, John F Joyce, Tom Bailey, Maria Lewis, Hugh Baker, Marie Marren, Donal Bhreathnach, Niamh McCarthy, Lettie Boyhan, Victor Murphy, Tom Brennan, Aoife O'Callaghan, Denis Devlin, Cormac O'Dea, Jim Dillon Byrne, Jane O'Keeffe, Gearoid Fitzpatrick, Stephen Richmond, Neale Fox, Tony Saul, Barry Halpin, Melisa Smyth, Carrie Hand, Pat Stewart, Patricia Horkan, Gerry Tallon, Grace Humphreys, Richard Ward, Barry An Cathaoirleach, Councillor John F. Bailey presided. OFFICIALS PRESENT Owen Keegan (County Manager), Kathleen Holohan (Deputy Manager and Director of Planning), 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), Gerard Hayden (Director of Human Resources & County Development Board), Richard Shakespeare (Director Of Environment, Culture & Community), Helena Cunningham (Director of Finance), Andrée Dargan (County Architect), John Guckian (Senior Executive Officer Environment, Culture & Community), Ian Smalley (Administrative Officer, Corporate Services) and Pamela Graydon (Senior Staff Officer Corporate Services) C/1017/11 Vote of Condolence A vote of condolence was passed with the family of Mr. Dave Gorman R.I.P., Executive Engineer, Transportation Department. A vote of condolence was passed with the Irish Jewish Community and the family of Justice Hubert C. Wine R.I.P., District Judge in Dún Laoghaire. A vote of condolence was passed with the family of Mrs. Annette Cleary R.I.P., Community Activist in the Shankill Area. An Cathaoirleach, the Members, the Manager and staff stood and observed a minutes silence as a mark of respect. C/1018/11 Adjournment of Meeting It was AGREED to conclude the meeting at 7.15 p.m. 1 C/1019/11 Confirmation of Minutes Minutes of Meeting of County Council held on Monday, 12 th December 2011 It was proposed by Councillor M. Baker, seconded by Councillor D. O’Callaghan and RESOLVED : “That the minutes of County Council meeting held on 14 th November 2011 be ADOPTED and APPROVED .” C/1020/11 Questions It was proposed by Councillor L. McCarthy, seconded by Councillor P. Hand and RESOLVED: “That pursuant to Standing Order No. 92 question numbers A.1 to A.24 be ADOPTED and APPROVED .” C/1021/11 Policy on Street Furniture and Sandwich Boards Question: Councillor M. Baker “To ask the Manager to supply a copy of the policy on street furniture and sandwich boards to all Councillors and also to display a copy on the Council's website?” Report: “The policy on street furniture and sandwich boards will be made available to Councillors and placed on the Council website when all details are finalised.” C/1022/11 Vehicles Available in the Event of Heavy Snow Question: Councillor M. Baker “To ask the Manager how many snow ploughs, gritting trucks and other vehicles are available for use by Council staff in the event of heavy snow?” Reply: “The Council have acquired 4 new snow ploughs which brings the total to nine. We have 11 gritting routes but we have 14 gritters because we need spares which are mounted on Council trucks except for one hired truck. We also have a JCB. It should also be noted that we hire other machinery as required.” C/1023/11 Goods and Services Liable to Rates of VAT Question: Councillor V. Boyhan “To ask the Manager to provide a list of Council goods and services that is liable to rates of VAT?” Reply: “The following goods and services are liable to VAT: 2 Goods/Service Rate Allotments Standard Artefacts Standard COCO Markets Standard Composters Standard Directional signage Standard Filming Standard Hire of halls/rooms Standard Internet access Standard Off street parking Standard Office/site rental Standard Photocopying Standard Puclic Conveniences Standard Removal of abandoned cars Standard Royalties Standard Telecommunication licences Standard Cemetery services Standard/Reduced Footpath dishing Reduced Green Fees Reduced Property sales Reduced Recycling Reduced Refuse bags/ labels Reduced Tiphead operations Reduced The current standard rate of VAT is 21% to be increased to 23% in 2012. The reduced rate is 13.5%.” C/1024/11 Financial Statements on Current and Capital Accounts Question: Councillor V. Boyhan “To ask the Manager to provide Council with a financial statement on the current and capital accounts?” Reply: “Revenue Account: In accordance with Circular Fin 03/2009 the Council is required to keep its revenue and capital accounts in balance each year. To date this requirement has been complied with and it is projected that the revenue account will continue to remain in balance during 2011. Capital Account: Having regard to the unspent development levies on hand the Department of the Environment Community and Local Government has given approval to the Council to use funds on hand up to a limit of €38m during 2011 to progress the Capital Programme and capital expenditure in 2011 will remain within this limit.” C/1025/11 Budget Question: Councillor V. Boyhan “To ask the Manager to bring a report to Council indicating if the 2011 Budget is on target and in line with that approved by Councillors, and to indicate if there are any areas of concern in relation to income or expenditure at this stage in the financial year?” 3 Reply: “Outturn 2011: There is a strict requirement on all local authorities to maintain a balanced budget on the revenue account and accordingly a number of detailed reviews of the 2011 Budget were undertaken throughout the year. I am confident that a net balanced budget will be achieved for 2011. This represents a very satisfactory outcome given the very difficult operating environment the Council faced during the year. It will be achieved despite additional expenditure incurred by Roads Maintenance and Water Services early in the year as a consequence of the very bad weather and an excess of pensions/gratuities expenditure over budget due to early retirements. The Council expects to achieve a saving of €600,000 in 2011 in the cost of bulk water purchased from Dublin City Council and a saving of €466,000 in the cost of the Ringsend WWTP compared with the provisions in the Budget. In addition, provision of €600,000 was made in the 2011 Budget for operating costs associated with the Shanganagh Waste Water plant in 2011. However, the plant will not now open until 2012 and therefore the 2011 provision has been capitalised and will be offset against the 2012 operational costs. A dividend payment of €0.516m due in 2011 from our insurers IPB was not budgeted for and has been used to create a reserve to fund pensions/gratuities of staff, who are expected to avail of early retirement in advance of the February 2012 enhanced pensions deadline.” C/1026/11 Capital Programme Spending Question: Councillor V. Boyhan “To ask the Manager to set out a proposed timetable for a schedule of Council projects under Capital Programme Spending and to provide copies of all circulars and communications with the Department of Environment, Community & Local Government on the matter since June 2011?” Reply: “The Manager brought a detailed report on the Three Year Capital Programme 2011 - 2014 for consideration by members to the May Council meeting. In accordance with S135 of the Local Government Act 2001 the Manager shall before the start of the financial year prepare a report on the three year capital programme which may be considered at the budget meeting or at such other meeting as the elected council may by resolution decide. Having regard to the short time that has elapsed since the consideration of the current three year programme and pending confirmation from the Department of the Environment Community and Local Government that it is in order to utilise funds on hand to progress the capital programme in 2012 I recommend that consideration of the three year capital programme 2012- 2015 be deferred until the March 2012 Council meeting.” C/1027/11 Incinerator Project at Poolbeg Question: Councillor V. Boyhan “To ask the Manager to report on the Council’s legal, financial, or contractual obligations, directly or indirectly, in relation to the Covanta incinerator project at Poolbeg?” Reply: 4 “Under Section 18.8 Energy Recovery, the current Regional Waste Management Plan provides for the construction of a Waste to Energy facility through a public private partnership. This plant has been taken successfully through the various statutory processes required to a point where construction can be commenced. A Project Agreement is in place between Dublin City Council, acting on behalf of the four Dublin Local Authorities, and Dublin Waste to Energy Ltd for the provision of the facility however, a number of items have, for various reasons, yet to be finalised in relation to proceeding with construction. The Government has indicated that it intends to bring forward a revised Waste Policy statement before the end of 2011 with legislation to follow. With this in mind, the period for discussion of the outstanding items between the parties to the Project Agreement has been extended on a number of occasions and it is currently extended to the end of February 2012. As part of the discussions between the parties, regard is being had to the exposure of the Local Authorities. Under the Project Agreement, the Authorities were responsible for a number of elements, including the acquisition of the site and ancillary costs. Under the terms of the Project Agreement these costs will ultimately be recouped through a revenue sharing arrangement in relation to energy produced by the facility. In this way, the investment by the Councils will be recouped over the period of the contract.